Can stay at home mothers get unemployment

Unemployment Benefit 1: The unemployment insurance benefit

The fixed-term employment contract is not renewed, the operational dismissal ends up on the desk or the employee is simply not able to continue his work: There are many reasons for unemployment.

Employees are often worried about the threat of job loss their future financial situation. So that the unemployed do not end up completely penniless, they are often entitled to so-called unemployment benefit 1 - at least through one limited period.

In a nutshell: unemployment benefit 1

Who gets unemployment benefit 1?

Unemployment benefit 1 is paid to employees after they lose their job. As a rule, they must have been employed subject to compulsory insurance for twelve months within two years.

How long can I receive ALG 1?

Unemployment benefit 1 can be drawn for a maximum of one year in most cases. Employees who have reached the age of 50 can sometimes receive the benefits for longer.

How much is unemployment benefit 1?

The basis for calculating unemployment benefit 1 is the gross earnings for which there was an obligation to contribute to unemployment insurance within the assessment period (usually one year).

But what exactly is unemployment benefit 1 and how is it regulated by law? Which workers are entitled to unemployment benefit 1 and when can they be suspended? How long will unemployment benefit 1 be paid? This and more you can find out in our guide.


Unemployment benefit 1: what is it?

Unemployment benefit 1 - or "ALG 1" - is a benefit from the German unemployment insurance. Employees who become unemployed are paid under certain conditions in order to secure them financially for a limited period of time.

Unemployment benefit 1 must be distinguished from unemployment benefit 2, which is also known as "ALG 2" or "Hartz 4". The latter is paid indefinitely to basic security for job seekers and employees insofar as they cannot guarantee this with their own income. However, a new application must be made after one year at the latest. In contrast to Hartz 4, unemployment benefit 1 is often referred to simply as “unemployment benefit”.

The legal basis for unemployment benefit 1 is in SGB III, the Third book of the social code, recorded in Sections 136 to 164.

Who gets unemployment benefit 1?

In order to be able to draw benefits such as unemployment benefit 1, the legislature usually sets certain requirements firmly. In the case of unemployment benefit 1, these are as follows:

  • Those affected are unemployed. This requirement is met if they less than 15 hours per week work.
  • The employee has that 65 years of age not yet completed.
  • Those affected must personally contact the Federal Employment Agency registered as unemployed to have. This must happen on the first day of unemployment at the latest. The report can also be made if the job is expected to be lost within the next three months.
  • The employee must independently endeavor to end his unemployment. This also includes the early one Report as a job seeker at the Federal Employment Agency, which must take place no later than three months before the end of the employment relationship.
  • The workers are standing the mediation efforts the Federal Employment Agency and are willing to accept reasonable employment.
  • The qualifying period must be fulfilled. This means that the employee has been employed subject to compulsory insurance for at least twelve months in the last two years and during that time into unemployment insurance must have paid.
The minimum time for the entitlement can vary for certain employees shorten: For military or social service providers as well as seasonal workers, it is usually sufficient if they work in the two years prior to notification of unemployment worked for at least six months in order to be able to receive unemployment benefit 1.

How long is unemployment benefit 1 paid?

The duration of entitlement to unemployment benefit 1 depends on how long the employee has been within the last three years has paid into unemployment insurance and how old he is:

  • If insurance payments have been made for a total of twelve months, six months Unemployment benefit 1 paid.
  • With 24 months of insurance payments, the entitlement period is twelve months.
  • If an employee is at least 50 years old and has paid into the insurance for 30 months at the same time, he is entitled to 15 months long unemployment benefit 1 too.
  • Anyone who has paid in for 36 months and at the same time has reached the age of 55 can 18 months receive unemployment benefit 1 for a long time.

Employees who are younger than 50 years of age receive for a year at most Unemployment benefit 1 - even if you have paid unemployment insurance for more than 24 months.

Unemployment benefit blocking period 1: When the payment can be suspended


In certain circumstances the employment agency may impose a blocking periodduring which unemployment benefit 1 is not paid for up to twelve weeks. During this time, no social security contributions are paid. The duration of entitlement to unemployment benefit 1 becomes for the duration of the blocking period decreased.

A blocking period from unemployment benefit 1 is always imposed if the employee does not provide sufficient justification acts contrary to insurance. Such behavior is e.g. B. before when

  • signed a termination agreement and a Receive severance pay has been.
  • the employee his job terminated myself Has.
  • the employee is not or not in time has registered with the Federal Employment Agency as unemployed or jobseeker.
  • insufficient effort it can be seen that the employee is trying to find a new job.
  • the employee the Instructions from the Employment Agency disregarded, such as B. the accessibility arrangement. This means that the service recipient must be reachable once every working day at the address given in order to be able to take note of the post. For a longer absence he needs the approval of the authority.
  • not to the Professional integration measureswhich the employment agency imposes, participates or the employee cancels it.
There is an exception with regard to self-resignation: Does the employee have the employment relationshipfor an important reason ended, no blocking period occurs. This can e.g. This could be the case, for example, if the employee marries and wants to move to another city to live with his spouse.

 

However, the decision as to whether there is a sufficiently important reason for resignation is made by the employment agency taken in individual cases. If there is a dispute between the employee and the employment agency in this regard, the court often decides.

Rest period from unemployment benefit 1

In addition to the blocking period, a rest period occur in which no unemployment benefit 1 is paid either. The difference is that during the rest period not only the payment but also the right to the benefit is suspended. Therefore has a rest period no reduction in the duration of entitlement result.

A rest period is imposed when the employee receives other social benefits such as:

  • Wage replacement benefits, e.g. B. Maternity benefit, sickness benefit, injury benefit, transition benefit
  • Disability pension
  • Retirement pension
  • Vocational training allowance for the unemployed

Furthermore, the entitlement to unemployment benefit 1 is also suspended if an unemployed person leaves his / her employment relationship still receives wages or vacation pay.

However, this only applies if the fee is also paid actually paid becomes. If the unemployed person does not receive any benefits from his former employer despite entitlement, he will still be paid unemployment benefit 1.

What comes after unemployment benefit 1?

Many recipients of Unemployment Benefit 1 wonder what happens when their entitlement ends and they still do no new job have found.

In this case, the unemployed can Apply for unemployment benefit 2. This is a social benefit that is paid by the job center, while unemployment benefit 1 is an insurance benefit from unemployment insurance.

Do not confuse: The application must not be submitted to the employment agency, but to the job center, which is responsible for the applicant's place of residence.

How do you calculate unemployment benefit 1?

A general statement of the amount of unemployment benefit 1 cannot be made. Instead it will be after a fixed legal regulation calculated. There is no minimum rate for unemployment benefit 1 as a lower limit.

The basis of assessment for unemployment benefit 1 is the gross earnings for which within the assessment period there was an obligation to contribute to unemployment insurance. This usually includes a year, but can also be two years in special cases, which are stipulated in § 150 SGB III.

This gross wage is divided by the number of calendar days in the assessment period, so that the assessment fee to determine. This is given in euros per day. There is an upper limit for the daily assessment fee the income threshold for unemployment insurance. In 2018, this amounts to 213.70 euros per day in the western federal states and 190.68 euros in the eastern federal states.

The daily assessment fee is a gross figure. Next, the deductions for wage tax and solidarity surcharge must be made from this. In addition, the social insurance flat rate of 21% must be deducted. In this way it arises the daily performance fee.

The performance remuneration per day is offset against a fixed percentage for unemployment benefit 1 of 60 percent, which results in the daily rate of performance results. Anyone who receives unemployment benefit 1 with a child for whom child benefit is received is subject to an increased benefit rate of 67 percent.

From this amount, it must finally be calculated how high the unemployment benefit 1 is for you full calendar month fails. To do this, the daily benefit rate is multiplied by a factor of 30, regardless of how many days the calendar month actually has. The resulting product is the unemployment benefit 1 that the unemployed paid monthly to get.

Unemployment benefit 1: examples of the calculation

In order to illustrate the calculation method explained above, two calculation examples are given.

Example 1 (income tax class 1, no children):

In the twelve months prior to registering unemployment, the employee Mr. Schmidt earned a gross monthly income of 1,600 euros, for which there was an obligation to contribute to the unemployment insurance.

1,600 x 12 = 19,200 euros (annual gross wages)

19,200 / 365 = 52.60 euros (daily assessment fee)

Mr. Schmidt belongs to income tax class I. In this, 3.12 euros wage tax are deducted daily from his gross salary. In addition, there is the deduction of the social insurance flat rate of 21 percent and the solidarity surcharge. The latter amounts to 5.5 percent of the wage tax to be paid.

income tax = 3.12 euros per day
Solidarity surcharge (5.5% of 3.12) = 0.17 euros per day
Flat rate social security (21% of 52.60) = 11.05 euros per day

52.60 - 3.12 - 0.17 - 11.05 = 38.26 euros (daily performance fee)

Mr. Schmidt has no children, so the following applies to him:

ALG 1 percentage = 60 %

38.26 x 60% = 22.96 euros (daily rate of performance)

The benefit rate per day is multiplied by a flat rate of 30, regardless of the actual number of days in the calendar month.

22.96 x 30 = 688.80 euros (monthly payment of unemployment benefit 1)

Mr. Schmidt thus receives 688.80 euros per month in unemployment benefits 1.

Example 2 (income tax class V, with child)

Before becoming unemployed, Ms. Meier earned 1,600 euros a month like Mr. Schmidt. Thus also applies to them:

annual gross wages = 19,200 euros
daily assessment fee = 52.60 euros

In contrast to Mr. Schmidt, she is in income tax class V. This results in the following deductions for her:

income tax = 9.06 euros per day
Solidarity surcharge (5.5% of 9.06) = 0.50 euros per day
Flat rate social security (21% of 52.60) = 11.05 euros per day

52.60 - 9.06 - 0.50 - 11.05 = 31.99 euros (daily performance fee)

Ms. Meier has a child for whom she receives child benefit, so the following applies to her:

ALG 1 percentage = 67 %

31.99 x 67% = 21.43 euros (daily rate of performance)

The benefit rate per day is multiplied by a flat rate of 30, regardless of the actual number of days in the calendar month.

21.43 x 30 = 642.90 euros (monthly payment of unemployment benefit 1)

Ms. Meier thus receives 642.90 euros per month in unemployment benefits 1.

By the way: If you are entitled to unemployment benefits 1 do not calculate yourself you can also use the Federal Employment Agency's free unemployment benefit calculator.

Unemployment benefit 1 when working abroad

Is there an entitlement to unemployment benefit 1 if the employee not in Germany has worked? If the employment took place in an EU country or in Switzerland, such an employment relationship may possibly be taken into account in the entitlement.

The prerequisite for this, however, is that the unemployed person is registered in Germany and that he or she becomes unemployed Employed in Germany subject to compulsory insurance was. Those affected should get a consultation appointment at the employment agency.

Can I receive unemployment benefit 1 abroad?

It is also possible to receive unemployment benefit 1 if the unemployed person lives abroad - but only if it is a member state of the EU or Switzerland acts.

You must also be a citizen of an EU country and be registered as unemployed in Germany. The application for unemployment benefit 1 is before departure, at the a waiting period of four weeks must be complied with, to be submitted to the Federal Employment Agency.

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Unemployment Benefit 1: The unemployment insurance benefit
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