1. Decisions of the Federal Social Court of 16 May 2012 on basic income support for job seekers (SGB II)
1.1 – BSG, Judgment of 16 May 2012, – B 4 AS 166/11 R –
An application for continued payment is also required if the basic income support provider grants approval for absence from the place of residence and the approval period ends during the absence.
The legislator assumes that, except in exceptional cases, the entitlement to basic income support benefits is subject to such diverse changes, both in principle and in amount, that it is necessary to grant benefits only for a limited period and then – at the instigation of the person in need – to subject them to a renewed review. Neither the basic income support provider's approval of absence from the place of residence pursuant to Section 7 Paragraph 4a of the German Social Code, Book II (SGB II), nor the submission of a declaration pursuant to Section 428 of the German Social Code, Book III (SGB III) alters this.
1.2 – BSG, Judgment of 16.05.2012,-B 4 AS 132/11 R-
Operating cost credits can also be considered income even if they have been offset by the landlord against outstanding rent arrears.
Because this is associated with a discharge of debt or a reduction of other liabilities, i.e., an increase in the value of assets.
This income cannot be disregarded simply because the assets were never under the actual control of the plaintiffs.
Rather, it must be examined whether the person entitled to benefits could not have realized this income at all, or not without difficulty, for legal reasons (see also the Senate's judgment of 10 May 2011 – B 4 KG 1/10 R).
Only then are readily available funds unavailable and, despite the possibility of rent arrears being paid off, does the principle of covering needs justify not taking the credit balance into account when calculating the benefit claim!
1.3 – BSG, Judgment of 16.05.2012,-B 4 AS 159/11 R –
Section 22 Paragraph 1 Sentence 4 Half-Sentence 1 SGB 2 aF does not apply if a person in need of assistance has not forwarded the advance payments for operating costs but has used them for purposes other than those intended.
The credits or repayments mentioned in Section 22 Paragraph 1 Sentence 4 of the German Social Code, Book II (SGB II) must qualify as income. In contrast, the fictitious credit balance calculated by the Job Center results from the plaintiff's misuse of the benefits granted. Section 22 Paragraph 1 Sentence 4 of the SGB II – as its wording and legislative history demonstrate – provides no basis for offsetting such amounts.
1.4 – BSG, Judgment of 16.05.2012, – B 4 AS 105/11 R –
When receiving a Lithuanian old-age pension, benefits under the German Social Code, Book II (SGB II) are excluded, as it is comparable to a German old-age pension.
1.5 – Federal Social Court (BSG) judgment of 16 May 2012, – B 4 AS 109/11 R –
When determining the appropriate living space from 1 January 2010 onwards, reference must be made to the values stipulated in No. 8.2 of the residential use regulations of the state of North Rhine-Westphalia, and thus a living space of 50 square meters must be taken into account as an appropriate apartment size for a one-person household.
2. Decisions of the State Social Courts on basic income support for job seekers (SGB II)
2.1 – Bavarian State Social Court, decision of 27 April 2012, – L 7 AS 241/12 B ER –
Offsetting a loan for heating costs against ongoing benefits pursuant to Section 42a Paragraph 2 of the German Social Code, Book II (SGB II) is not covered by Section 39 No. 1 of the SGB II, so that objections and legal action have suspensive effect (Hegelhaupt in Hauck/Noftz, SGB II, Section 42a, marginal note 217; Conradis in LPK-SGB II, 4th edition 2011, Section 42a, marginal note 19; regarding the narrow scope of application of Section 39 No. 1 of the SGB II, see also the decision of the Bavarian State Social Court of 12 April 2012, L 7 As 222/12 B ER).
2.2 – Bavarian State Social Court, Judgment of 29 March 2012, – L 7 AS 960/11 –
The costs for four car tires will not be covered if the applicant needs them for a job interview.
The service is not necessary for initiating an activity in accordance with Section 45 Paragraph 1 Sentence 1 of the German Social Code, Book III (SGB III).
2.3 – North Rhine-Westphalia State Social Court, Judgment of 26 March 2012, – L 19 AS 2051/11 –
In addition to the monthly advance payment for energy supply, further heating costs include the electricity costs for operating the gas boiler, the so-called heating electricity (BSG judgment of 07.07.2011 – B 14 AS 51/10 R, Rn 15f).
Since no separate meter or submeter existed for the heating electricity and therefore the consumption of heating electricity cannot be specifically proven, the costs for the heating electricity are to be estimated in accordance with Section 202 of the Social Court Act (SGG) in conjunction with Section 287 of the Code of Civil Procedure (ZPO) (Federal Social Court judgment of 07.07.2011 – B 14 AS 51/10 R, para. 16).
2.4 – North Rhine-Westphalia State Social Court, decision of 10 May 2012, – L 7 AS 1769/11 B –
Legal aid is being granted because the new legal regulations concerning standard needs and thus the issue of the constitutionality of the minimum subsistence level to be provided to the individual by the state are being reviewed again, after the Federal Constitutional Court declared the legal regulations on standard benefits incompatible with the Basic Law in February 2010.
2.5 – North Rhine-Westphalia State Social Court, decision of 14 May 2012, – L 7 AS 557/12 B ER
According to prevailing opinion, in any case, only indirect compulsory labor is not covered by the scope of protection of Article 12 of the Basic Law if state benefits are linked to the performance of work activities.
On this basis, the withdrawal of social security benefits is not to be regarded as an (indirect) infringement of the freedom from compulsory work, even if it is one of the actual consequences of a reduction or refusal of benefits that the benefit recipient feels compelled to take up the work offered to him.
The sanction provisions of the German Social Code, Book II (SGB II), therefore do not constitute compulsory employment within the meaning of Article 12, Paragraph 2 of the German Basic Law (GG). (Voelzke, Promoting and Demanding – The Instruments and Their Implementation/ Granting of Social Benefits and the Effects of Sanctions, in: Fundamental Rights and Solidarity, Festschrift for Renate Jaeger, 2011, page 358 with further references; similarly, Thie in LPK-SGB II, 4th edition 2011, § 16 d, marginal note 2 with reference to BVerfGE 74, 102 ff and Kramer/Spindler, NVD 2005, 17 f. and Rixen in Eicher/Spellbrink, SGB II, 2nd edition 2007, § 10 marginal note 24).
2.6 – North Rhine-Westphalia State Social Court, decision of 26 April 2012, – L 7 AS 630/12 B ER
In the case of premature consumption of one-off income, e.g. due to debt repayment, a fictitious crediting is not justified with regard to the provisions of §§ 31 para. 2, 31a, 34 SGB II.
Note: In the same direction, see the decision of the North Rhine-Westphalia State Social Court of 26 April 2012, - L 7 AS 552/12 B ER –
2.7 – Baden-Württemberg State Social Court, Judgment of 02.04.2012, – L 1 AS 5113/11 –
Interest from a building society savings contract is considered available income for the person in need of assistance. This also applies if the termination of the building society savings contract is a prerequisite.
2.8 – Baden-Württemberg State Social Court, decision of 23 April 2012, – L 2 AS 5594/11 NZB
The reduction by 30% pursuant to Section 31 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II) in the version applicable until March 31, 2011, is constitutional.
Author of the legal case ticker: Willi 2 from Tacheles
Source: Tacheles legal case law ticker, www.tacheles-sozialhilfe.de
