Notes

The Children and Youth Welfare Act (SGB VIII) is an integral part of the Federal Republic of Germany's Social Code (SGB). Since its primary purpose is to regulate social benefits, it does not form part of regulatory law. Given this, the rules on the receipt of social benefits apply as laid down in particular in Books 1 and 10 of the Social Code (SGB I and SGB X).

The law on social and administrative procedures first and foremost serves to safeguard the payment of social benefits and help eligible recipients to more easily navigate the complex system comprising the various Books of the Social Code as well as to apply for and (more quickly) receive social benefits. Three key principles come to bear here:

1. Low entry barriers for access to the social benefits system
2. The procedural burden is on the providers of social benefits and not eligible recipients
3. The procedural rights of the beneficiaries

From assessments of eligibility to decisions on payment, the law governing social and administrative procedures must be taken into consideration throughout the entire process. The procedural regulations form the professional standards with which administrative bodies must comply. The provisions of Book 1 of the Social Code (SGB I) – General Part, e.g., regarding filing an application, the secrecy of social data, or the cooperation of the service beneficiary, apply for all Books of the Social Code. Book 10 of the Social Code (SGB X) – Social and Administrative Procedures and Protection of Social Data also contains provisions which apply for all Books of the Social Code. Correspondingly, these regulations also apply to services within child and youth services. Pursuant to Article 1 (1) SGB X the provisions apply to the performance of public administration duties by public authorities in the Federal Republic of Germany. Article 12 SGB X places the responsibility for the process in the hands of the public authority.

SGB X contains certain requirements that apply when putting administrative processes into practice: pursuant to Sentence 2 of Article 9 they must be implemented simply, expediently and swiftly. In accordance with Article 17 SGB I, the authority must ensure that the service beneficiaries swiftly receive the social benefits to which they are entitled.

The process can be initiated either ex officio or on request, and can be made orally (i.e., without the red tape of filing an application) or in writing. Applications are filed at no cost and their submission marks the start of the procedure as well as the earliest possible date from which benefits are granted.

The focus throughout the social and administrative procedures is on reviewing compliance with the eligibility criteria. This is done on the basis of the principle of official examination, i.e., it is the authority's responsibility to establish ex officio all of the facts necessary for the decision (Article 20 SGB X).

Social data refers to particulars about the personal or factual affairs of the data subject (usually the applicant/service beneficiary).

Various rights are granted to the parties involved in the administrative proceedings, e.g.:

• right to representation by proxy or support from an advisor (Article 13 SGB X)
• right of access to documents (Article 26 SGB X)
• right to be heard (Article 24 SGB X)

The administrative proceedings are generally concluded by way of an administrative act, i.e., a notice is issued or a public-sector contract finalised (Article 8 SGB X).

• Trenczek, Thomas (2022): Verfahren und Rechtsschutz. In: Münder/Meysen/Trenczek (eds.): Frankfurter Kommentar SGB VIII, Anhang I. 9th edition, Baden-Baden, p. 1268−1298.
• Waschull, Dirk (2023): ASD-Arbeit und Verwaltungsverfahren. In: Merchel, Joachim (ed.): Handbuch Allgemeiner Sozialer Dienst (ASD). 4th edition, Munich, p. 78–87.