Definition at a glance
Housing benefit eligibility is the legally anchored right to a state subsidy for rent or burden. It arises when the legal requirements of the Housing Benefit Act (WoGG) are met.
Legal Nature of the Claim
Housing benefit is not charity, but a social benefit to which there is a legal entitlement. This means: Anyone who meets the requirements has a right to the payment. The authority has no discretionary power here.
Requirements for the Claim
Whether a household is entitled to housing benefit depends largely on three factors:
- 1. The number of household members to be considered.
- 2. The amount of the total income of all household members.
- 3. The amount of the eligible rent or burden.
Reasons for Exclusion
Recipients of transfer payments where the housing costs have already been taken into account (e.g., Citizen's Allowance, basic security in old age, BAföG) are generally excluded from housing benefit.
Legal Basis
The central provisions on eligibility can be found in Section 1 WoGG (Purpose of housing benefit) and Section 3 WoGG (Eligibility to apply).