Social assistance, assumption of funeral costs

Responsibility:

Although the recipient of this benefit is not the deceased, but rather the person obligated to bear the costs according to § 74 SGB XII, the responsibility for covering the funeral costs is determined by the circumstances of the deceased person:

Regarding jurisdiction, a special regulation is provided in Section 98 Paragraph 3 of the German Social Code, Book XII (SGB XII).

The local authority responsible for covering funeral costs is therefore the social welfare agency that provided social assistance until the death of the recipient or, secondarily, in whose area the place of death is located.

Specifically:

• If a deceased person in Hamburg received social assistance until their death,
  Then the district social services office that has been providing assistance so far is also responsible for approving the benefit according to § 74 SGB XII.
• If someone died in Hamburg, was registered in Hamburg, but did not receive any social assistance until their death,
  Then the district social services office in whose area the deceased was registered is responsible.
• If someone died in Hamburg, was not registered in Hamburg, and received social assistance from an external social assistance provider until their death,
  Then this agency is also responsible for granting the benefit under Section 74 of the German Social Code, Book XII (SGB XII).
• If someone died in Hamburg, never had a registered address in Hamburg, and was not receiving social assistance,
  Then the district office of Hamburg-Mitte (M/GS 8) is responsible for approving the benefit.
• If someone was placed in a facility/home (excluding Hamburg nursing homes) by the Hamburg social welfare agency and died there,
  Then the Social Service Center 11 in the Eimsbüttel District Office, Grindelberg 62-66, 20144 Hamburg is responsible as the office responsible for the approval of the benefit according to § 74 SGB XII.
• The same applies if someone was accommodated in Hamburg by an external social welfare provider and died there:
  In this case, the external social welfare agency is responsible as the office maintaining the files.

If you are obligated to arrange the funeral of a deceased person and cannot reasonably be expected to bear the necessary costs, you can apply for reimbursement of the funeral expenses.

Those obligated to arrange the funeral are, in order:

1. the spouses or the civil partner (those within the meaning of the Civil Partnership Act as well as those in non-marital civil partnerships),
2. the children born in and out of wedlock,
3. the parents,
4. the siblings
5. the grandchildren

If, during the deceased person's lifetime, it was contractually agreed who was to arrange the funeral, then this person must arrange the funeral irrespective of the public-law obligation to bury the deceased.