Criminal defense for Housing Benefit Fraud in Bonn

Legal Basis

§ 263 StGB

Sentencing Range

A fine or imprisonment of up to five years; more in particularly serious cases (Section 263(3) StGB)

Summary

Obtaining housing benefit (WoGG) through false information on income, rent or household

Housing Benefit Fraud (Wohngeld) in Germany – Overview

An allegation of housing benefit fraud arises where housing benefit under the Housing Benefit Act (WoGG) is obtained through incorrect information or by concealing changes. Housing benefit is a subsidy towards housing costs whose amount depends on household size, rent and income. Providing false information here risks a fraud investigation under Section 263 of the German Criminal Code (StGB).

What is housing benefit fraud?

Housing benefit is granted on application by the housing benefit authority. Because the amount is calculated from income and household members, precisely these details are relevant to the benefit. Liability arises where the household income is understated, household members are concealed, or later changes are not reported. The duty to inform follows from Section 60 SGB I and the cooperation duties of the WoGG. As with any form of social benefits fraud, liability requires intent and an actual financial loss.

Typical situations

• Understated income: concealed earnings, pensions or maintenance payments.
• Concealed household members: an undisclosed partner or flatmate whose income counts.
• Parallel benefits: simultaneous receipt of citizen’s allowance or basic security, which excludes housing benefit.
• Incorrect rent figures: an overstated rent or concealed rent reductions.

What penalties apply?

The range of Section 263 StGB applies: a fine or imprisonment of up to five years, more in particularly serious cases. As the amounts are often modest, many cases end with a discontinuation (Sections 153 / 153a of the Code of Criminal Procedure) or a penalty order. In addition, the wrongly paid amounts are reclaimed under social law, independently of the criminal proceedings.

Defence

The defence examines whether a specific duty to inform was breached, whether intent existed and whether the loss is correctly calculated – in particular whether a reduced housing benefit entitlement would have remained on correct information. The case file should be inspected before any statement; submissions should be made only through your defence lawyer.

Frequently asked questions

Is housing benefit fraud prosecuted as a separate offence? No. It is prosecuted as fraud under Section 263 StGB, often committed by omission where a duty to report changes is breached.

Do I have to repay the housing benefit? The social-law recovery is separate from the criminal case and generally arises even if the proceedings are discontinued.

Should I respond to the authority’s hearing letter? Not without legal advice; respond only after your lawyer has inspected the file.

Practical example and particularities

Example: A tenant applies for housing benefit and does not declare the income of the partner living with him. Because housing benefit is calculated from the total income of all household members, that income reduces the entitlement. If the entitlement is thereby lost entirely, the whole payment is the loss; if a residual entitlement remains, only the difference.

A particularity is the close interlocking with other benefits: anyone receiving citizen’s allowance or basic security is excluded from housing benefit, because housing costs are already covered there. Drawing both benefits in parallel therefore quickly leads to a fraud allegation.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Housing Benefit Fraud? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Housing Benefit Fraud requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Repayment, loss calculation and intent

In social-benefit cases, repaying the wrongly received amounts is separate from the criminal assessment: the criminal loss covers only the amount that would not have been paid with correct information. The defence examines the specific duty to inform, intent, and the loss calculation by the authority, which is often overstated. A considered, early repayment can favourably influence sentencing and a discontinuation subject to conditions.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.