1. Decisions of the Federal Social Court of March 28, 2013 on basic security for job seekers (SGB II)
1.1 – BSG, judgment of March 28, 2013 – B 4 AS 42/12 R
Obligation to submit an income forecast
A benefit recipient according to SGB II is required, as part of his obligation to cooperate in accordance with Section 60 Paragraph 1 S 1 No. 1 SGB I, to provide information about his expected income and expenses in connection with his self-employed work as a lawyer using the EKS form.
Furthermore, the information in the EKS appendix does not result in any excessive involvement within the limits of participation regulated in Section 65 SGB I. In this respect, it must be taken into account that these are requirements within the framework of a tax-financed welfare system that is linked to the applicant's need for help. The information required is within the framework of the legal regulations for calculating income from self-employment.
Note:
Likewise - Bavarian State Social Court, judgment of July 29th, 2010 - L 7 AS 12/10 -, Federal Social Court B 14 AS 55/10 BH of October 7th, 2010
1.2 – BSG, judgment of March 28, 2013 – B 4 AS 12/12 R
The amount of the standard requirement according to SGB II for a married couple with a two-year-old child is not unconstitutionally set too low.
juris.bundessocialgericht.de
2. Decisions of the state social courts on basic security for job seekers (SGB II)
2.1 - Hessian State Social Court, judgment of February 15, 2013 - L 7 AS 78/12
1. The concept of the Waldeck-Frankenberg district for determining the appropriate upper rent limit from 2010 and the update for 2011 corresponds to the requirements of the BSG (permanent case law of the BSG since the judgment of November 7, 2006, Ref.: B 7b AS 10/ 06 R, BSGE 97, 231).
2. Due to the local conditions in the Waldeck-Frankenberg district, the entire district can be used as an abstract comparison area. The entire district presents itself as a homogeneous living space, as there are no regional centers and no significantly better or worse infrastructure in individual areas.
3. There is no objection to the creation of three upper rent limits depending on the standard land value in the comparison area.
2.2 - Hessian State Social Court, decision of March 1, 2013 - L 6 AS 42/12
The deletion of the temporary surcharge according to Section 24 SGB II old version through Art. 15 HBeglG 2011 from December 9, 2010 to January 1, 2011 is constitutional.
For a beneficiary who was granted unemployment benefit II with a temporary supplement for the period from October 1, 2010 to March 31, 2011, the change in the law has false retroactive effects. This is permissible according to the standards of the Federal Constitutional Court (most recently Federal Constitutional Court, decision of October 10, 2012 - 1 BvL 6/07).
2.3 - Hessian State Social Court, decision of January 15, 2013 - L 6 AS 364/12 B
Section 40 Paragraph 1 Sentence 2 SGB II in the version applicable from April 1, 2011 is constitutional.
2.4 – Berlin-Brandenburg State Social Court, judgment of December 19, 2012 – L 18 AS 750/12
The compensation payment of 1,500 euros received after the application was submitted for giving up the apartment is to be viewed as income.
The amount received is not to be viewed as proceeds from the sale of an asset acquired before the application was submitted and therefore as the benefit recipient's protected assets.
2.5 - Berlin-Brandenburg State Social Court, decision of January 11, 2013 - L 18 AS 3032/12 NZB
There are no constitutional concerns if, in the event of only a partial repeal and reclaim according to Section 50 SGB § 40 para. 2 sentence 2 half-sentence 2 SGB II old version (now § 40 para. 4 sentence 2 half-sentence 2 SGB II)
Note:
see also the application by the BSG, judgment of January 18, 2011 - B 4 AS 90/10 R; also – LSG Berlin-Brandenburg resolution of April 8, 2011, – L 5 AS 2149/10 B PKH.
2.6 - State Social Court of Saxony-Anhalt, judgment of January 30, 2013 - L 5 AS 368/09
There is no objection if a service provider - even if he is aware of a likely imminent change in the situation (inflow of training remuneration) - only takes into account the current circumstances that are relevant for granting the benefit.
§ 48 and § 45 SGB ). § 45 SGB
Essential within the meaning of Section 48 Paragraph 1 SGB /11, RN 24).
Since fictitious income is generally not taken into account in SGB II outside of the legally regulated exceptional cases, only the actual inflow of income can be significant in the above sense and Section 48 SGB X can therefore apply.
socialcourtsability.de
Note:
BSG, judgment of November 29, 2012 – B 14 AS 6/12 R
Only Section 45 and not Section 48 SGB
This applies if, at the time of the announcement of the authorizing administrative act, there are already objective circumstances that suggest a future changing income inflow (e.g. because an employment relationship exists), then the service provider must only make a provisional regulation in accordance with Section 328 SGB III.
If he fails to do this - for whatever reason - a final approval of benefits is unlawful from the outset and Section 45 SGB
2.7 - State Social Court of Saxony-Anhalt, judgment of July 25, 2013 - L 5 AS 56/10
When revoking approval notices due to concealed assets, it must be checked retrospectively whether and for how long the amounts to be used would have been sufficient to cover needs (as applicable: SG Karlsruhe, judgment of June 30, 2011, Ref.: S 13 AS 1217/09, with reference to VerwG, decision of July 18, 1986, Ref.: 5 B 10/85).
To the extent that it is argued that multiple crediting is permissible within the framework of Section 45 SGB 2011, Ref.: L 12 AS 4994/10, RN 33), this cannot be followed.
2.8 – Bavarian State Social Court, decision of February 27, 2013 – L 16 AS 47/13 B ER
In order to determine the value of the appeal in accordance with Section 172 Paragraph 3 No. 1 SGG, the time of the first instance decision must be taken into account, as this is when formal legal force comes into effect. Admission of the complaint in the interim legal protection procedure is not provided for by law.
2.9 – Bavarian State Social Court, decision of February 28, 2013 – L 7 AS 78/13 B PKH
A temporary suspension of payments in accordance with Section 331 SGB III takes place without an administrative act. In principle, a genuine action for performance can be brought against this in accordance with Section 54 (5) SGG.
The issuance of the change notice, which takes into account the newly discovered facts for the period of suspension of payments, resolves the provisional suspension of payments and the main issue of the general action against it.
2.10 - Baden-Württemberg State Social Court, decision of March 13, 2013 - L 2 AS 842/13 ER-B
Repeated inappropriate use of accommodation and heating services cannot result in the basic social security provider having to cover these costs a second time by granting a loan in accordance with Section 22 (8) SGB II.
In such a case where rent arrears are caused in a socially unfriendly manner despite sufficient resources, granting assistance does not appear justified (cf. LSG Baden-Württemberg, decision of March 1, 2011 - L 12 AS 622/11 ER-B with reference to LSG Rhineland-Palatinate, decision of December 27, 2010 – L 3 AS 557/10 B ER).
socialgerichtsabilities.de
Note:
LSG Berlin-Brandenburg, decision of January 8, 2010, Ref. L 34 AS 1936/09 B ER
The right to a loan does not expire in individual cases, even if the emergency is culpable if the person in need of help is mentally ill and is already receiving help to overcome particular social difficulties.
3. Decisions of the social courts on basic security for job seekers (SGB II)
3.1 - Darmstadt Social Court, decision of March 12, 2013 - S 16 AS 1095/12 ER
The purpose of the stay to look for work in accordance with Section 2 Paragraph 2 No. 1 FreizügG/EU is not a catch-all.
As a Union citizen, the benefit requirement of habitual residence in the federal territory according to Section 7 Paragraph 1 Sentence 1 No. 4 SGB II is not fulfilled by anyone who resides in the federal territory solely on the basis of the presumption of freedom of movement derived from the FreizügG/EU.
Art. 70 Regulation (EC) 883/2004 requires a place of residence and therefore habitual residence in the federal territory in order to be entitled to benefits under SGB II. This European law concept of habitual residence also requires a long-term legal residence. For this purpose, legal residence based on the presumption of freedom of movement is not sufficient.
3.2 – Kiel Social Court, decision of March 27, 2013 – S 30 AS 80/13 ER
Increased requirements for urgency in the case of sanction notices that have become final.
3.3 - Cologne Social Court, judgment of July 2, 2012 - S 33 AS 2095/12
138.84 m², debt-free, very low-value house property inhabited by 2 people does not have to be used if you receive benefits for a short time (5 months) or if you receive a pension in a few years and because housing is cheaper in old age.
3.4 – Karlsruhe Social Court, decision of March 19, 2013 – S 1 SF 1000/13 AB
The rejection of an application for legal aid does not give rise to concerns about the judge's bias in the pending main proceedings.
The dismissal of the applicant's previous lawsuits does not in itself give rise to concerns about the judge's bias in further lawsuits by the same party.
4. Decisions of the state social courts on social assistance (SGB XII)
4.1 - State Social Court of North Rhine-Westphalia, judgment of February 21, 2013 - L 9 SO 455/11
No additional benefits are granted in the form of the assumption of costs for the purchase of the medication Sortis that exceed the fixed amount.
1. The additional requirements according to § 30 SGB Senate has consistently held that the additional requirements according to § 21 SGB II cannot form an independent subject of a lawsuit (cf. e.g. BSG, judgment of March 22, 2010 - B 4 AS 59/09 R, Rn. 11).
2. Costs for the procurement of medication that are not covered by statutory health insurance benefits are included in the standard requirements and are generally covered by the standard rates.
3. An increase in the standard rate according to Section 28 Paragraph 1 Sentence 2 SGB XII old, Section 27a Paragraph 4 Sentence 1 SGB , Section 27a Paragraph 4 Sentence 1 SGB XII new version is available.
socialjustice.de
Note:
BSG, judgment of May 26, 2011 – B 14 AS 146/10 R
An increase in the standard rate due to the acquisition costs to be borne by a person with statutory health insurance for a medication whose price exceeds the fixed amount set under statutory health insurance law is not an option from the outset. Because the system of SGB V adequately covers unavoidable needs.
4.2 - State Social Court of North Rhine-Westphalia, decision of March 7, 2013 - L 9 SO 13/13 B ER
The obligation to provide information in accordance with Section 117 Paragraph 1 Sentence 3 SGB XII also applies to marriage-like partnerships.
socialjustice.de
Note:
Lower court – Dortmund Social Court, decision of December 17, 2012 – S 41 SO 426/12 ER – is abandoned
On the basis of Section 117 Paragraph 1 Sentence 3 SGB
5. Decisions of the social courts on social assistance (SGB XII)
5.1 – Gelsenkirchen Social Court, judgment of October 18, 2012 – S 8 SO 75/12
Regional Association of Westphalia-Lippe (LWL) is obliged to approve requested benefits as soon as the need for help becomes known and not only after the aid plan conference.
§ 18 SGB
contradiction-social advice.de (pdf)
Note:
The judgment is also printed as a legal tip in issue 02/2013 in the magazine for social advice “Sozialrecht aktuell”.
5.2 - SG Karlsruhe, decision of March 21, 2013 - S 4 SO 937/13 ER
The social welfare agency is bound by the school authority's determination that there is a special need for support in the area of hearing.
The constant teaching support of a deaf first-grader as part of her inclusive Montesorri education at a regular primary school by a sign language assistant financed by the social welfare provider is necessary and suitable as an aid to integration into an appropriate school education.
Any further need for support through the financing of a simultaneous sign language interpreter must be explained and proven by the person entitled to integration assistance. There is no evidence if all educators (here: class teacher, special education teacher and school authority) consider classroom support by a sign language assistant to be sufficient.
5.3 – Aachen Social Court, decision of March 20, 2013 – S 19 SO 21/13 ER
The assets of the applicant's husband must be taken into account in accordance with Section 19 Paragraph 3, 3rd Old SGB
The only thing that matters is whether at least one spouse has clearly stated that they want to permanently give up their relationship with the other spouse. However, spatial separation alone, such as the stay of a spouse in a nursing home, is not important.
Furthermore, the applicant's husband's car also contains assets that preclude her entitlement to assistance with care.
These assets are not absolutely protected by the law and their use does not represent undue hardship for the applicant or her husband. The applicant's husband's car is also not household effects within the meaning of Section 90 Paragraph 2 No. 4 SGB XII.
socialjustice.de
6. Decisions of the state social courts on employment promotion (SGB III)
6.1 - Saxon State Social Court, judgment of October 25, 2012 - L 3 AL 200/10
No granting of vocational training allowance, taking into account the need for subsistence (see Section 65 SGB III old version) nor the need for travel costs (see Section 67 SGB III old version), because the applicant is not in the sense of § 64 Paragraph 1 Sentence 1 No. 1 SGB III a.
F. lived outside his parents' household.
socialjustice.de
6.2 – Bavarian State Social Court, decision of February 25, 2013 – L 9 AL 8/13 B ER
1. Submitting a certificate of incapacity for work does not preclude availability from the outset, as a certificate of incapacity for work usually only relates to the activity previously carried out.
2. The seamless regulation according to Section 145 SGB III presupposes that the Federal Employment Agency comes to the conclusion with regard to the duration and extent of the reduction in benefits that it is not just of a temporary nature. For this purpose, appropriate investigations must be carried out taking into account the principle of official investigation (Section 20 SGB X). In particular, an employment office medical assessment should be sought as soon as possible.
3. Without this forecast decision, the seamlessness regulation of Section 145 SGB III will continue to apply.
7. Decision on asylum law
7.1 – Münster Social Court, decision of March 1, 2013 – S 12 AY 13/13 ER
1. Despite the ruling of the Federal Constitutional Court of July 18, 2012 (1 BvL 10/10 or 2/11), it is generally legally permissible to continue to reduce benefits in accordance with Section 1 a AsylbLG (see decision of February 27, 2013, p. 12 AY 11/ 13 ER).
2. Section 1a No. 1 AsylbLG must be interpreted in accordance with the constitution to the effect that reductions in benefits under this provision are no longer permissible if they last for a long period of time and the people affected by them are now in the Federal Republic of Germany for reasons for which they are no longer responsible be tolerated.
8. Decision on parental allowance law
8.1 – Karlsruhe Social Court, judgment of March 25, 2013 – S 11 EG 438/13
1. The exclusion of foreigners who are not permitted to take up employment from benefits under the BEEG is not unconstitutional.
2. The granting of a social benefit that aims to give parents an incentive to forgo gainful employment fails to achieve its goal if such gainful employment is not legally permitted for the parent who is prepared to look after the child.
9. Literature tips, legal information, books and new publications
9.1 – The assumption of debts with the energy supplier in accordance with Section 22 Paragraph 8 SGB II
a treatise by Dr.
Bettina Weinreich, printed in issue 2 Sozialrecht aktuell www.socialrecht-aktuell.nomos.de (pdf)
9.2 - Sanctions against people under 25 - The problem of distributing housing costs in multi-member communities
an essay by Maria Wersig, published in info issue 02/2013.
www.info-also.nomos.de
9.3 – VG Wiesbaden, judgment of March 15, 2013 Ref.: 6 K 1374/11.WI
Wiesbaden Administrative Court: Federal Statistical Office rightly refuses access to the income and consumer sample for 2008 due to statistical secrecy
www.vg-wiesbaden.justiz.hessen.de
9.4 - Statement by the DRB on the promotion of electronic legal transactions with the courts
The German Association of Judges (DRB) has commented on the Federal Government's draft law on the promotion of electronic legal transactions with the courts (BT-Drs. 17/12634).
Source: www.juris.de
9.5 - The General Parity Association - Unemployment benefit 2 for low earners and the unemployed
Ed: The Joint Association.
Publisher: CH Beck – as of March 1, 2013, 5th edition
Author of the case law ticker: Willi 2 von Tacheles
Source: Tacheles legal ruling ticker, www.tacheles-socialhilfe.de
