Germany: Nigerian Couple Must Repay €33,000 for Receiving Bürgergeld while Living Abroad — Court insists

A German court has ordered a couple to repay more than €33,000 in Bürgergeld after authorities found they had been living in Nigeria while claiming social benefits. The couple had failed to inform the Jobcenter of their long-term absence abroad — a violation of the conditions for receiving Bürgergeld. The new court decision has again confirmed the Jobcenter’s right to reclaim money illegally received from it. This special report aims to inform, guide and educate residents in Germany who receive Bürgergeld, highlighting risks, legal obligations and practical steps to avoid being caught in a situation that could endanger their benefits or lead to financial claims against them.

— SPECIAL REPORT —

A German court has issued a stern warning to social welfare recipients after a married couple was ordered to repay over €33,000 in Bürgergeld (Germany’s basic unemployment benefit and the successor to Hartz IV) they received while living abroad, primarily in Nigeria.

In 2018, a passport control at Bremen Airport revealed Nigerian entry stamps spanning several years, documenting extended stays abroad. The couple had been receiving state benefits (first called Hartz IV and later Bürgergeld) since 2014. As a result, the Jobcenter revoked all approval notices and demanded repayment of the benefits paid out. The couple argued that they had only taken short trips and had continued to live in Bremen. The Jobcenter demanded over €33,000 in repayments, asserting that the couple had provided false information and failed to report their prolonged absence.

After filing an objection to the decision, the couple took the case to the Social Court in Bremen (Case No. S 36 AS 1607/19) and later appealed to the Regional Social Court (LSG) of Lower Saxony-Bremen (Case No. L 13 AS 395/21) – without success.

According to the judges, the couple failed to credibly prove that they had been reachable by the Jobcenter. As a result, they were deemed to have been outside the required local and timely availability zone — meaning they were not accessible for appointments between 2016 and 2018. Therefore, they had no entitlement to Bürgergeld. Additional evidence, such as indications of tampered passports and contradictory statements, further eroded the court’s trust in the couple’s claims. A small portion of the repayment claim was reduced for earlier months where residency remained unclear.

What ruling means for Recipients of Bürgergeld

“The core of the dispute is the so-called availability requirement,” explains social law expert Carolin-Jana Klose on the portal gegen-hartz.de. “You are only entitled to Bürgergeld if you are available to the labour market at short notice.” According to Klose, approved absences from one’s place of residence — such as vacations — are allowed, but generally limited to three weeks per year. Anyone who stays away longer or travels without approval loses their entitlement to benefits.

If you receive Bürgergeld, these are key rules and responsibilities you must know:

1. Your legal residence must be in Germany – You must have your principal and habitual residence in Germany; simply being registered here is not enough. A permanent overseas stay typically disqualifies you from receiving benefits.

2. You must remain reachable by the Jobcenter – Under § 7b SGB II and the 2023 Erreichbarkeits‑Verordnung, you must reside within the “nearer area” of your Jobcenter, reachable within about 2.5 hours by public transport or car to respond to calls, attend appointments and be available for job offers or trainings.

3. You may travel, but only with prior written approval – You can travel abroad or leave your local area for up to 21 calendar days per calendar year, only if you inform the Jobcenter at least five working days before departure and receive written consent. During those approved days, Bürgergeld, including housing and health insurance contributions, is paid. If your absence exceeds 21 days or you travel without consent, your entitlement stops immediately, and you must repay benefits for the unauthorized period.

4. In no-consent cases, the Jobcenter can demand full repayment – As in the Bremen case, if authorities can prove that the recipient misrepresented reality, such as living abroad without notification, the burden of proof shifts to the claimant. Fraud findings can result not only in stopping benefits but also in reclaiming all improperly paid amounts.

5. Exceptions are narrow — In rare exceptional cases (e.g., medical treatment, urgent family care), longer absences may be approved. However, these must be justified, documented and agreed before departure. Routine or frequent long-term overseas visits are generally not permitted

Advice for African Bürgergeld Recipients in Germany

If you receive Bürgergeld:

• Always speak with your Jobcenter before planning any travel or extended stays outside your registered place of residence.
• Even if you have family in another country, a wedding or funeral abroad, you must still apply and receive formal approval—oral notice or after-the-fact explanations are not enough.
• Keep records: use the “Anfrage zur Nicherreichbarkeit” form, and retain confirmation of submission and approval.

Should you be away for more than 21 calendar days without permission—or even if within 21 days but without consent—the Jobcenter will stop payments and could demand repayment.

Why This Matters for Africans in Germany

Many Africans residing in Germany maintain close family ties abroad and may mistakenly assume short visits abroad are harmless. However, failure to comply with Jobcenter rules can lead to severe financial consequences, including large-scale repayment demands, loss of health insurance coverage and legal risks.

Should your situation be complex, or you need clarity, it’s advisable to consult a legal adviser who specializes in social law or seek the free counseling often offered by immigrant support organizations.

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