All unemployed persons who are in need of assistance and are between 15 and 65 years of age are eligible for unemployment benefit II. These must be located in the Federal Republic of Germany.
Entitled to benefits are also the persons who live together in a household with a person fit for work and in need of assistance and form a shared household ( common housekeeping).
immigrants are entitled to benefits if they own a residence permit and have received an approval to take up employment in the Federal Republic (Foreigner´s Office). Finally, unemployment benefit II is also available to foreigners who enjoy a right to stay as tolerated, refugees or politically persecuted persons. ALG II or unemployment benefit II is not suitable for foreigners who are entitled to benefits under the Asylum Seekers’ Benefits Act.
According to § 9 code of social law second book (II), the person in need of assistance is the one who cannot adequately defend his life and the livelihood oft he other members of the shared household, and does not receive any necessary help from a third party.
This means that the livelihood can not be ensured through :
- Income and wealth,
- Support from family members or other social service providers.
The income and assets of the needy and the other members of the shared household must be taken into account when determining the need for assistance. Claims for further social benefits must also be taken into account. If such claims exist, they must be asserted if this can avert the need of assistance and a fundamentally subordinate claim for unemployment benefit II, e.g by Housing allowance.