1. Decision of the Federal Social Court of 16 May 2012 on basic income support for job seekers (SGB II)
1.1 – BSG, Judgment of 16.05.2012,- B 4 AS 105/11 R –
Benefits under the German Social Code, Book II (SGB II) are excluded when receiving a Lithuanian old-age pension, as it is comparable to a German old-age pension.
2. Decisions of the State Social Courts on basic income support for job seekers (SGB II)
2.1 – State Social Court of Baden-Württemberg, decision of 08.08.2012,- L 13 AS 2355/12 ER-B –
1) The exclusion of benefits under Section 7 Paragraph 1 Sentence 2 No. 2 of the German Social Code, Book II (SGB II) is compliant with European law for job seekers of Hungarian nationality (following the judgment of the Higher Social Court of Baden-Württemberg of 16 May 2012, L 3 AS 1477/11).
2) Even a marginal employment does not eliminate the exclusion from benefits, unless it is completely subordinate and insignificant, which cannot be assumed in the case of a weekly working time of 7.5 hours and a monthly income of 100 EUR (cf. BSG, judgment of 19 October 2010, B 14 AS 23/10 R).
2.2 – Baden-Württemberg State Social Court, Judgment of 21 June 2012, – L 7 AS 4111/11 –
1. According to Section 24 Paragraph 2 No. 5 of the German Social Code, Book X (SGB X), a hearing is not required before revocation or amendment notices that adjust unemployment benefit II to changed income; this also applies to a retroactive adjustment.
2. The obligation to hold a hearing before issuing reimbursement notices pursuant to Section 50 Paragraph 1 of the German Social Code, Book X (SGB X) covers only the fact and the extent of the revocation of the benefit award, but not the conditions for revocation.
2.3 – Baden-Württemberg State Social Court, Judgment of 21 June 2012, – L 7 AS 4298/11 –
The reduction of unemployment benefit II due to a first repeated or a further repeated breach of duty pursuant to Section 31 Paragraph 1 of the German Social Code, Book II (SGB II), also requires, under the legal situation applicable as of March 31, 2011, that the previous sanction has already been determined by official notice.
A job search effort limited to a flat rate of four applications per month is permissible and also appropriate (cf. a. LSG Berlin-Brandenburg, decision of February 28, 2008 – L 25 AS 522/06 -, for 10 applications per month).
2.4 – Baden-Württemberg State Social Court, Judgment of 21 June 2012, – L 7 AS 4373/09 –
1. Although the provision of Section 11 Paragraph 3 Sentence 1 Letter a SGB II (in the version applicable until 31.03.2011) also applies to earmarked income on a private law basis; however, the preferential treatment is subject to strict conditions.
2. This does not include expenses paid to a driver under a collective agreement as compensation for additional meal expenses.
2.5 – Bavarian State Social Court, decision of 13 July 2012, – L 7 AS 492/12 B ER –
Anyone applying for benefits to secure their livelihood under SGB II is obliged to submit bank statements for the past three months upon request.
The written notification pursuant to Section 66 Paragraph 3 of the German Social Code, Book I (SGB I) is not an administrative act. An objection to such a notification does not trigger suspensive effect pursuant to Section 86a of the German Social Court Act (SGG).
sozialgerichtsbarkeit.de
Note:
LSG Saxony, Judgment of 19.01.2012 – L 3 AS 820/10 (BSG – B 4 AS 27/12 R (pending))
Expense payments to recipients of Hartz IV supplementary benefits are not considered income
If recipients of supplementary Hartz IV benefits receive expense allowances or meal allowances from their employer, the job center is generally not allowed to consider these as income and reduce their unemployment benefit II. However, the recipient should provide receipts to prove how the expenses were used.
2.6 – State Social Court of Saxony-Anhalt, decision of 18 July 2012, – L 2 AS 271/12 NZB –
Section 22 Paragraph 1 Sentence 4 of the German Social Code, Book II (SGB II) modifies (in the version of the Act on the Further Development of Basic Income Support for Job Seekers of July 20, 2006 – Federal Law Gazette I 1706; now regulated accordingly in Section 22 Paragraph 3 SGB II) the general regulations for the consideration of income in the SGB II, without affecting the fundamental characteristic of the incoming credit balance as income (see Federal Social Court, judgment of March 22, 2012, B 4 AS 139/11 R).
2.7 – Lower Saxony-Bremen State Social Court, Judgment of 12 July 2012, – L 15 AS 184/10 –
1. A decision rejecting an amendment to a legally binding decision granting ongoing benefits under Book II of the German Social Code (SGB II) due to a change in factual or legal circumstances alleged by the beneficiary is not an administrative act with continuing effect. It is superseded by a subsequent decision that also concerns a requested amendment under Section 48 of Book X of the German Social Code (SGB X) and relates to the same period.
2. Participation in rehabilitation sports does not, as a rule, constitute an unavoidable need within the meaning of the hardship provision established by the Federal Constitutional Court in its judgment of 09.02.2010 (1 BvL 1/09 et al.).
www.rechtsprechung.niedersachsen.de
2.8 – Lower Saxony-Bremen State Social Court, Judgment of 10 July 2012, – L 7 AS 988/11 ZVW –
If the electricity consumption for the heating pump is not recorded separately by means of a meter, the costs are generally to be recognized by way of estimation at 5% of the fuel costs of the heating system.
www.rechtsprechung.niedersachsen.de
2.9 – Lower Saxony-Bremen State Social Court, decision of 09.07.2012, – L 7 AS 883/11 –
1. The calculation program Heikos 2.0 designed by the city of Heilbronn is not a municipal heating cost index for the city of Walsrode and is otherwise unsuitable for determining reasonable heating costs within the meaning of Section 22 Paragraph 1 Sentence 1 SGB II.
2. When applying the nationwide heating cost index, the (lower) actual living space must be used as the basis, not the maximum eligible area according to state building subsidy guidelines.
www.rechtsprechung.niedersachsen.de
3. Decisions of the social courts on basic income support for job seekers (SGB II)
3.1 – SG Hamburg, decision of 11.05.2012, – S 3 AS 1269/12 ER –
The six-month period stipulated in Section 31b Paragraph 1 Sentence 5 of the German Social Code, Book II (SGB II) is an absolute time limit. It is neither extended nor shortened by a temporary cessation of benefit payments.
www.juris.de
4. Note on: BSG 4th Senate, Judgment of 20.12.2011 – B 4 AS 9/11 R-
Federal Social Court (BSG), Judgment of 20 December 2011 – B 4 AS 9/11 R –
Additional operating costs demanded for an apartment no longer occupied after relocation due to a cost reduction request
Principle (Principle from Juris)
Expenses incurred due to a subsequent demand for operating costs from a terminated tenancy are considered benefits for accommodation and heating under the German Social Code, Book II (SGB II), if the beneficiary was and is receiving SGB II benefits both at the time the operating costs were incurred and when they became due, and if the apartment was given up in fulfillment of an obligation to reduce costs towards the benefit provider.
Context of the decision
The decision makes it clear that when claiming additional operating costs, it is not important for what period it is claimed and whether the apartment is actually still being used, but rather when this one-off accommodation need arises.
Furthermore, such a subsequent claim must be distinguished as a one-off need from debts within the meaning of Section 22 Paragraph 8 Sentence 1 of the German Social Code, Book II (SGB II). Only if the advance payments for operating or heating costs provided by the benefit provider have actually been forwarded to the landlord or energy supplier can it be considered a one-off need. Otherwise, it is a debt, the assumption of which is at the discretion of the benefit provider.
Such a claim is unlikely to be valid, because the assumption of operating cost claims for a former accommodation is unlikely to serve the purpose of maintaining the current accommodation.
Author of the legal case ticker: Willi 2 from Tacheles
Source: Tacheles legal case law ticker, www.tacheles-sozialhilfe.de
