1. Who belongs to the household when calculating living allowance?
Various people are taken into account as household members when calculating housing benefit. These include:
The applicants themselves
Spouses, registered partners and cohabiting partners
Parents, including step-parents, foster parents and parents-in-law
Children, including foster and adopted children
Other relatives
Non-related persons who live with the applicant in a community of responsibility and liability
Note: An essential requirement for all household members is that they live together with the applicant in a flat or house and have their centre of life there. The fact that they have their registered main residence there is a strong indication of this.
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2. What does “community of responsibility and liability” mean?
A “community of responsibility and liability” exists if at least one of the following conditions is met:
Partners have been living together for more than one year.
Partners live together with a child.
Children or relatives are regularly looked after or cared for in the household.
Partners are mutually authorized to dispose of income and assets.
This definition is set out in § 7 Para. 3a SGB II. If one of these conditions applies, the partners count as household members and have an influence on the calculation of living allowance.
3. Changes in the household: How do changes affect living allowance?
If the number of household members changes, this must be reported to the relevant housing benefit office. This is important as the basis for calculating housing benefit changes.
Addition to the household: A new household member, for example due to the birth of a child, can lead to an increase in living allowance. In such cases, the applicant should submit an application for an adjustment of the living allowance.
Death of a household member: If a household member dies, the living allowance for this member can continue to be paid for up to 24 months if the home is not changed and the remaining household members continue to live there.
4. Household members in training or studying
If a household member moves to other accommodation during training or studies, this does not affect the entitlement to living allowance - provided that the center of life remains in the original household. This also applies if the course of study or training is eligible for BAföG.
5. Attention: BAföG and living allowance
As a rule, students are not entitled to living allowance as they are already entitled to BAföG. Only in exceptional cases they can receive living allowance - namely if at least one member of the household is not entitled to BAföG.
6. Mixed household: What happens if entitled and non-entitled persons live together?
In a “mixed household”, i.e. a household that includes both those entitled to living allowance and those not entitled to living allowance, the living allowance is calculated on a pro rata basis. The number of people entitled to living allowance is set in relation to the total number of roommates. If a change in the income of a household member who is not entitled to living allowance results in a new entitlement to living allowance, a new application must be submitted.
Example: A family with three members lives in one household. The adult daughter is a student and would in principle be entitled to BAföG. However, as she is dependent on BAföG, she excludes herself from living allowance calculation. Despite having three household members, the living allowance is only calculated for the two entitled persons.
7. Roommates and co-owners: What applies to shared flats?
In shared flats (WGs), flatmates can only make a limited claim to living allowance as they are not considered legal family members. Entitlements are reduced accordingly if the amount of living allowance is higher than the amount that an equivalent family household would receive.
8. Who is not included in the calculation?
Some household members are not taken into account when calculating living allowance. These include, for example, people who already receive benefits such as citizen's allowance or basic income support. As these benefits already cover housing costs, their entitlement to living allowance is not taken into account. However, their number is taken into account when calculating the rent or charge and the maximum amount for these costs.
9. Economic separation in shared flats
In shared flats consisting of people who are not in a family relationship, economic separation can occur within the household. This means that although the flatmates live in the same apartment, each person is responsible for their own financial affairs. In such cases, each person must bear their own share of the rental costs and other communal expenses.
When calculating living allowance in shared flats, the total amount of costs is divided proportionally among the flatmates entitled to living allowance. If a roommate is not entitled to living allowance, for example because they are excluded due to income or social benefits, they are not included in the calculation of living allowance. The living allowance entitlement is determined exclusively for the eligible persons, using the number of roommates to determine the total housing costs. In cases where there is economic separation, the living allowance entitlements of roommates must therefore often be considered individually and cannot be combined.
10. Care situations for parents living separately
For parents living separately, not only the number of people in the household is taken into account when calculating living allowance, but also special care situations. If parents take on the joint care of children in separate households, it is checked with which parent the child mainly lives or whether there is a joint custody arrangement.
In such cases, the child is taken into the household of the parent with whom the child mainly lives. When calculating the living allowance, both the child and the parent caring for the child must therefore be taken into account as household members. The other parent, even if they do not care for the child in their household, can be classified as a member not to be taken into account when calculating living allowance if they do not apply for living allowance.
When calculating living allowance, the child's care situation and actual place of residence must always be stated correctly to ensure that the living allowance entitlement is calculated correctly.
11. Continuation of the community of responsibility and liability in the event of temporary separation
It can happen that partners live apart for a limited period of time due to temporary circumstances, such as a work assignment or a short trip. In such cases, the community of responsibility and liability remains in place as long as the partners continue to maintain a joint lifestyle and joint responsibility for the household.
This means that even in the event of a brief separation - as long as the partnership is not permanently terminated - the community of responsibility and therefore the entitlement to living allowance continues. The living allowance authorities do not usually consider such short-term separations as a reason to change the living allowance calculation. Rather, care is taken to ensure that the joint lifestyle, financial obligations and mutual support continue to be in line with the definition of a community of responsibility.
This regulation ensures that partnerships are not disadvantaged if they are temporarily physically separated but continue to perceive their economic and personal responsibilities as joint.
12. Conclusion
The number and composition of household members plays a central role in the calculation of living allowance. While certain persons such as the applicant, spouse, children and also unrelated partners living in a joint household are taken into account, there are also special cases in which not all persons living in the household are included. Changes in the size of the household, such as the birth of a child or the death of a member, can also affect the entitlement to living allowance. If you are unsure whether and how changes in the household structure will affect you, you should contact the living allowance office in good time and apply for adjustments if necessary.
Do you still need to apply for living allowance? With our living allowance calculator from LeistungsLotse, you can quickly and easily check whether and how much living allowance you are entitled to. Check now!
