1. Decisions of the European Court of Justice
1.1 – Decision of the European Court of Justice of July 18, 2013 – C-523/11, C-585/11
Foreign BAföG must not depend solely on residency requirements
The ECJ has decided that Germany cannot make the granting of training funding for studying in another member state for a period of more than one year dependent solely on the applicant having lived in Germany continuously for three years before starting his studies.
2. Decisions of the Federal Social Court of February 14, 2013 on basic security for job seekers (SGB II)
2.1 - BSG, judgment of February 14, 2013 - B 14 AS 61/12 R
The appropriate living space for a single-person household in Saxony-Anhalt is 50 square meters.
If no abstractly appropriate need for accommodation can be determined, the actual expenses must be borne, capped in the sense of an upper limit of appropriateness for the period before January 1, 2009 by the table values in the right-hand column for § 8 WoGG old version plus a security surcharge of 10% (see only BSG from March 22, 2012 – B 4 AS 16/11 R).
The decision about a coherent concept or the success of one's own investigations requires the determination of a - local - comparison area to which this assessment relates. In this respect, an election determination, e.g. the municipality of residence, the district of the basic security provider, etc., may be permissible, but not, as in the present case, leaving it completely there (see the legal requirements for the determination of a comparison area BSG of February 19, 2009 - B 4 AS 30/ 08R).
3. Decisions of the Federal Social Court of April 16, 2013 on basic security for job seekers (SGB II)
3.1 - BSG, judgment of April 16, 2013 - B 14 AS 81/12 R
The mother does not form a community of need with her severely disabled adult son, who usually resides in an inpatient disability assistance facility.
The basic requirement for a community of needs according to Section 7 Paragraph 3 No. 2 or 4 SGB II between parents and child is a shared household. A household represents itself as an interface of characteristics of a local (family home), material (provision, maintenance) and immaterial nature (attention, care, establishment of a family-like bond) (see only BSG of March 14, 2012 - B 14 AS 17/11 R) .
The fact that the son stays with the mother on weekends or during holidays is not a reason for the child benefit, which is demonstrably passed on to the son, to be taken into account as the mother's income.
Note:
See LSG NRW, judgment of March 4, 2013 - L 19 AS 1489/11, on the denial of the claim to a higher KdU because there was a BG between the mother and the adult son. The two rented apartments were the shared family apartment.
4. Decisions of the Federal Social Court of May 23, 2013 on basic security for job seekers (SGB II)
4.1 - BSG, judgment of May 23, 2013 - B 4 AS 79/12 R
When purchasing a “youth bed” for the first time – after the child has outgrown the “child’s bed” – it is an initial equipment for the apartment within the meaning of Section 24 Paragraph 3 Sentence 1 No. 1 SGB II.
Full text at: Social law in Freiburg
5. Decisions of the state social courts on basic security for job seekers (SGB II)
5.1 – Berlin-Brandenburg State Social Court, decision of June 25, 2013 – L 20 AS 1347/13 B ER
No exclusion of claims for EU foreigners (Portuguese citizens)
Portuguese citizens are entitled to temporary benefits amounting to 80 percent of the standard requirement in accordance with Section 20 Paragraph 2 Sentence 1 SGB II.
Section 7 Paragraph 1 Sentence 2 No. 2 SGB II does not prove to be contrary to European law.
However, the provision does not apply to nationals of a contracting state to the European Welfare Agreement of December 11, 1953 - EFA - because Article 1 EFA excludes this under international law.
Note:
Different opinion: Hamburg State Social Court, decision of January 14, 2013 - L 4 AS 332/12 B ER
Foreigners (Portuguese nationals) whose right of residence arises solely from the purpose of looking for work are exempt from receiving benefits in accordance with SGB II - EFA reservation permitted.
However, the applicant is entitled to assistance with living expenses according to the third chapter of SGB XII.
5.2 – Bavarian State Social Court, decision of June 21, 2013 – L 7 AS 329/13 B ER
The offsetting against cash benefit claims according to SGB II is carried out by administrative act in accordance with Section 43 Paragraph 4 Sentence 1 SGB II. This administrative act is not covered by Section 39 SGB II, so that objections and lawsuits in accordance with Section 86a Paragraph 1 Sentence 1 SGG have a suspensive effect.
The duration of offsetting is generally limited to three years in accordance with Section 43 Paragraph 4 Sentence 2 SGB II. This shows that the period of validity of an offsetting administrative act is not tied to the limits of an approval period of six months. To the extent that a current approval reflects the already determined offsetting as an invoice item, it is simply a repeating order without a renewed substantive examination.
Whether the total offsetting is capped at 30% of the standard requirement in accordance with Section 43 Paragraph 2 Sentence 3 SGB II by an administrative act or whether the excessive offsetting is resolved without an administrative act can remain open in the interim legal protection because there is no harm in reducing the offsetting.
5.3 – Bavarian State Social Court, decision of June 27, 2013 – L 7 AS 330/13 B ER
In the case of interim legal protection, an assurance regarding the ongoing costs of a future apartment (Section 22 Paragraph 4 SGB II) and an assurance for housing procurement costs and moving costs (Section 22 Paragraph 6 SGB II) can only be obtained in the form of a provisional assurance.
The services derived from a provisional assurance in the subsequent assurance event are also only provisional. Final clarification is reserved for the main proceedings.
The assurances according to Section 22 Paragraph 4 SGB II and Section 22 Paragraph 6 Sentence 2 SGB II must refer to a specific apartment.
An assurance in accordance with Section 22 Paragraph 6 Sentence 1 SGB II is at the discretion of the responsible authority.
Note:
For a final obligation to grant an assurance of interim legal protection - so for exceptional cases LSG Berlin-Brandenburg, decision of May 6, 2009, L 32 AS 612/09 B ER and decision of July 31, 2009, L 25 AS 1216/09 B HE).
5.4 – Bavarian State Social Court, decision of June 5, 2013 – L 11 AS 272/13 B ER
1. There is no obvious illegality of the administrative act replacing an integration agreement if the assumption of application costs is not specifically regulated in terms of amount and an obligation to submit seven self-applications per month with proof at certain times is stipulated.
2. An incorrect explanation of the legal consequences does not make the administrative act replacing an integration agreement unlawful. This is only relevant for any possible sanction.
Note on point 1:
Different opinion: LSG NSB, decision of April 4, 2012 - L 15 AS 77/12 B ER
An administrative integration act is unlawful if it does not specify the services provided by the service provider (here: reimbursement of costs for applications in accordance with Sections 16 Paragraph 2, 45 SGB III), but only repeats the wording of the law.
5.5 – State Social Court of North Rhine-Westphalia, decision of July 10, 2013 – L 19 AS 1120/13 B legally binding
The need to cover additional operating and heating costs is not eliminated if the person in need of assistance has used the advance payments inappropriately.
If an additional demand for operating or heating costs is due in a lump sum, it must be taken into account as the actual current requirement at the time it is due. Advance payments used inappropriately cannot be offset against the additional claim amount.
In this respect, the service provider can, if necessary, assert a claim for reimbursement from the service recipient in accordance with Section 34a SGB II (see BSG, judgment of November 29, 2012 - B 14 AS 33/12 R).
6. Decisions of the social courts on basic security for job seekers (SGB II
6.1 – Potsdam Social Court, judgment of June 26, 2013 – S 19 AS 872/12
According to Section 24 Paragraph 2 No. 5 SGB
1. According to Section 24 Paragraph 2 No. 5 SBG The regulation also applies to retroactive adjustments.
2. A hearing may also be unnecessary before a reimbursement claim is determined in accordance with Section 24 Paragraph 2 SGB
Note:
The same result: Hessian State Social Court, judgment of August 31, 2012 - L 7 AS 312/11).
6.2 - Potsdam Social Court, judgment of June 14, 2013 - S 42 AS 1322/10, the appeal is permitted.
A repayment of operating and heating costs, which is based on advance payments during periods in which there was a need for help, can be permitted in accordance with the meaning and purpose of § 11 Paragraph 1 and § 20 SGB II are not taken into account as income insofar as it arises from payments made by the person in need of assistance from their minimum subsistence level because the SGB II service provider did not take the full operating and heating costs into account when calculating the benefit.
The court is convinced that the principles set out in the decision of the Federal Social Court in the judgment of August 23, 2011 on file number B 14 AS 185/10 R on the non-creditability of electricity cost refunds generated from the standard service can be transferred to the aforementioned case.
Note:
same result for heating cost credits also SG Chemnitz, judgment of January 31, 2013 on file number S 40 AS 5401/11; different view LSG Berlin-Brandenburg, judgment of November 7, 2012 on file number L 20 AS 861/12.
7. Decisions on employment promotion law (SGB III)
7.1 – Hessian State Social Court. Judgment of June 19, 2013 – L 6 AL 116/12
Teachers with minor disabilities can demand equal treatment with those with severe disabilities and thus demand civil service
According to Section 2 Paragraph 3 SGB IX, a moderately disabled teacher is entitled to be treated on an equal footing with severely disabled people if he or she cannot otherwise become a civil servant for life due to the disability. The characteristic “suitable workplace” within the meaning of the regulation should be based on the activity as a civil servant. Whether there is a (permanent) employment relationship is irrelevant.
Source: Press release from the LSG Hessen from July 16, 2013, published here: www.lsg-darmstadt.justiz.hessen.de
See also beck-aktuell
8. Decisions of the state social courts on social assistance (SGB XII)
8.1 – LSG Baden-Württemberg, judgment of July 18, 2013 – L 7 SO 4642/12
No social assistance for the sign language course for the parents of a deaf girl - the parents can be expected to learn sign language from books or at the adult education center.
Parents of deaf children cannot demand that the social welfare agency cover the costs of learning sign language. The integration assistance services to be provided included teaching the disabled child himself, but not the financing of a sign language course for his parents.
A claim to reimbursement of the costs of informing parents does not arise from the Basic Law, the European Charter of Fundamental Rights or the United Nations Convention on the Rights of Persons with Disabilities.
Source: Press release from the LSG Baden – Württemberg from July 18, 2013, published here: www.lsg-baden-wuerttemberg.de
9. Decisions of the social courts on social assistance (SGB XII)
9.1 - Aachen Social Court, judgments of July 16, 2013 - S 20 SO 66/13 - and - S 20 75/13, the appeal is permitted
Since January 1, 2011, the costs of obtaining identification documents have been part of the necessary living expenses within the meaning of Sections 27, 27a, 28 SGB XII. Since the fees for obtaining identification documents have been included in the calculation of the standard rate since January 1, 2011, the costs can only be covered in accordance with Section 27a Paragraph 4 Sentence 1 or Section 37 Paragraph 1 SGB XII, but no longer § 73 SGB XII into consideration.
1. 27a Paragraph 4 Sentence 1 SGB
2. The social welfare provider rightly covered the costs of obtaining a passport in accordance with Section 37 Paragraph 1 SGB XII in the form of a supplementary loan.
socialgerichtsabilities.de
Note:
See also LSG NRW, resolutions of July 22, 2010 - L 7 B 204/09 AS, of January 3, 2011 - L 7 AS 460/10 B.
Passport procurement costs - at least since January 1, 2011 - do not represent an atypical need. S.v. § 73 SGB XII.
10. Decisions on asylum law
10.1 - State Social Court of Lower Saxony-Bremen, decision of April 3, 2013 - L 8 AY 105/12 B ER
According to Section 3 Paragraph 1 Sentence 2 AsylbLG, benefits can also be provided in the form of vouchers according to the decision of the BVerfG of July 18, 2012 (1 BvL 10/10).
Providing services in the form of vouchers does not constitute a significant disadvantage justifying the issuance of a regulatory order.
Author of the case law ticker: Willi 2 von Tacheles – alias Detlef Brock
Source: Tacheles legal ruling ticker, www.tacheles-socialhilfe.de
