1. Decisions of the Federal Constitutional Court on basic security (SGB II)
1.1 – BVerfG, decision v. October 4, 2016 – 1 BvR 1704/16
Constitutional complaint filed against the SGB II Legal Simplification Act inadmissible
Anyone who wants to lodge a constitutional complaint directly against a law must specifically explain to what extent the law directly, personally and currently causes a violation of fundamental rights for the complainant. This also applies when using a “template” available on the Internet for a constitutional complaint. The 3rd Chamber of the First Senate of the Federal Constitutional Court decided this in a decision published today and thus did not accept for decision a constitutional complaint lodged in form directly against the Ninth Law amending the Second Book of the Social Code (Legal Simplification Act).
Press release No. 76/2016 from October 26, 2016
Source: www.bundesverfassungsgericht.de
2. Decisions of the Federal Social Court on parental allowance
2.1 – BSG, judgment of October 27, 2016 – B 10 EG 5/15 R
Losses of “income from self-employment” are also considered for parental allowance.
Note to the court
Losses from self-employment are also income within the meaning of parental allowance law and can lead to a postponement of the assessment period for parental allowance.
Source: juris.bundessocialgericht.de
3. Decisions of the state social courts on basic security for job seekers (SGB II)
3.1 - State Social Court of Lower Saxony-Bremen, decision of September 5, 2016 - L 7 AS 484/16 B ER
Guiding principle (Juris)
1. The application for a suspensive effect of objections and lawsuits also includes the order for the cancellation of enforcement in accordance with Section 86b Paragraph 1 Sentence 2 SGG.
2. An application for benefits according to SGB
Source: socialcourtsability.de
3.2 – Lower Saxony-Bremen State Social Court 11th Senate, judgment of September 27, 2016, L 11 AS 1004/14
Guiding principle (Juris)
The right to reimbursement of provisionally granted benefits (Section 328 Paragraph 3 Sentence 2 SGB III) is not subject to the one-year deadline according to Section 45 Paragraph 4 Sentence 2 SGB X.
Source: www.rechtsprachung.niedersachsen.de
3.3 – Thuringian State Social Court, judgment of August 18, 2016 – L 9 AS 366/15 – legally binding
Cost of accommodation; Division according to head parts - son doing military service - on the lack of household affiliation of a person doing military service 200 km from his parents' home
Guiding principle (editor)
No consideration should be given to a family member doing basic military service when apportioning the costs of accommodation according to head parts, because in the present case it can be assumed that the plaintiff's son doing military service did not belong to the parents' household, but rather had an independent residence at the location of the above had barracks 200 km away.
Source: socialcourtsability.de
Legal tip:
see LSG Saxony-Anhalt, judgment of. April 3, 2008 – L 2 AS 56/06
3.4 – Hamburg State Social Court, judgment of 09/08/2016 – L 4 AS 567/15 and – L 4 AS 569/15
To count care allowance as income – income from care allowance is only privileged when caring for relatives
Guiding principle (editor)
On the creditability of forwarded care allowance against the ongoing basic security benefits for jobseekers to which the carer is entitled.
Source: socialcourtsability.de
Legal tip:
see Hessisches LSG, judgment of November 12, 2014 - Ref.: L 6 AS 491/11 and LSG NRW, decision of May 20, 2014 - L 2 AS 2105/13 B
3.5 – LSG Berlin-Brandenburg, decision of October 6, 2016 (ref.: L 14 AS 2033/16 B ER):
Principle Dr.
Manfred Hammel 1. The regulations of Section 12a SGB II on the use of priority social benefits from other providers as well as the unfairness ordinance issued on the basis of Section 13 Paragraph 2 SGB II are constitutionally harmless.
2. The demand for an early retirement pension by an Alg II recipient is unreasonable according to Section 2 of the Unfairness Regulation if this would lead to the applicant losing her entitlement to unemployment benefit I because she is currently doing voluntary service in accordance with the Federal Voluntary Service Act, an employment subject to social insurance contributions , follows up.
3. At the end of this one-year service, this person can claim unemployment benefit I. This option was lost if there was an obligation to take early retirement.
3.6 – Berlin-Brandenburg State Social Court, judgment of September 14, 2016 – L 31 AS 300/15
Electricity costs for operating a gas boiler - no separate electricity meter to record the operating current - estimate
Electricity costs for operating a gas boiler can be recognized as 5% of the heating costs.
Guiding principle (editor)
1. Even according to the legal situation as of January 1, 2011, a homeowner's expenses for electricity to operate a heating system must be included in the calculation of the benefits for accommodation and heating according to SGB II.
2. The amount of these expenses can generally be estimated (based on BSG, judgment of December 3, 2015, B 4 AS 47/14 R).
Source: socialcourtsability.de
4. Decisions of the social courts on basic security for job seekers (SGB II)
4.1 – SG Schleswig, decision of. October 21, 2016 – S 1 AS 185/16 ER
Moving costs – costs for moving helpers, additional helpers, €20 per helper, meal allowance, 60 moving boxes for €113.40, seat belts flat rate €20, no-parking signs, rental for €75
Guiding principle (editor)
On the assumption of further moving costs in the event of interim legal protection (here affirmative).
Principle Dr.
Manfred Hammel 1. Moving costs within the meaning of Section 22 Paragraph 6 Sentence 1, 1st HS SGB II are only to be recognized as a need to the extent that they are appropriate in terms of basic security law.
2. In order to concretize the vague legal concept of appropriateness in the individual case to be assessed, it is important to take into account that an applicant must do everything possible to reduce his need for help in accordance with Section 2 Paragraph 1 Sentence 1 SGB II (“Principle of Demand”).
3. A move that is necessary in accordance with Section 22 Paragraph 6 Sentence 2 SGB II must therefore generally be organized and carried out by an employable person entitled to benefits themselves.
4. If an Alg II recipient becomes ill or disabled, the costs of a commercial move may be considered. However, the job center only has to cover the expenses incurred in this context to an appropriate extent.
5. Here too, SGB II only grants what is necessary, but not the “deluxe move”.
6. If a health-impaired, able-bodied beneficiary has not driven a motor vehicle on the road for around 15 years, he cannot be expected to use a relatively large transport vehicle as the first vehicle after a break of many years on public roads as part of what experience has shown to be a strenuous and nerve-racking move lead.
7. Given the obligation to minimize costs under basic security law, professional moving helpers should not be used here. It is sufficient to use moving helpers offered via the online portal “E-Bay-Kleinanzeigen” and at the same time provide a transporter at a price “from EUR 35/hour plus VAT.”
8. A flat rate of EUR 40 is considered appropriate for providing food for the helpers. There are also costs for packaging materials and transport security. If there is a difficult parking situation at your current place of residence, two no-parking signs (cost: EUR 75) must also be recognized as a necessary move.
4.2 – Hanover Social Court, court decision dated October 4, 2016 (ref.: S 38 AS 324/16):
Principle Dr.
Manfred Hammel 1. If an applicant requests retroactive approval of benefits in accordance with Sections 19 ff. SGB II, this request is to be interpreted as an application to carry out a review procedure in accordance with Section 44 Paragraph 1 Sentence 1 SGB X.
2. The filing of an action for failure to act in accordance with Section 88 Paragraph 1 Sentence 1 SGG requires that a social benefit provider has remained inactive in an application matter for at least six months after the application was submitted. However, this deficiency will be remedied if this six-month period expires during the legal action without the social welfare authority taking action in this benefit matter.
3. A delay in processing the case due to pending legal proceedings due to inaction does not constitute a sufficient reason for official inaction in the application matter in accordance with Section 88 Paragraph 1 Sentence 2 SGG.
Guiding Principle Attorney Michael Loewy
An initially inadmissible action for failure to act becomes admissible after the expiration of the blocking period of Section 88 Paragraph 1 SGG. 2. The admissibility of an action for failure to act does not depend on whether the plaintiff has a claim in the matter itself or whether the requested decision has substantive legal consequences for him.
Source: anwaltskanzlei-loewy.de
4.3 – Bremen Social Court, decision of September 29, 2016 (ref.: S 41 AS 1834/16 ER):
Principle Dr.
Manfred Hammel 1. To determine the appropriateness of the costs of accommodation within the meaning of Section 22 Paragraph 1 Sentence 1 SGB II, the job center can use its own calculations, reports or studies and use the data and facts that can be traced back to a “conclusive concept” as the basis for a make administrative instructions issued under Section 22 SGB II.
2. After more than two years after this instruction came into force and three and a half years after the subsequent survey on which this regulation is based, this administrative instruction can no longer claim comprehensive validity.
3. Even concepts that were originally quite coherent do not have an unlimited period of validity. Section 22c Paragraph 2 SGB II stipulates that the values for the accommodation determined by the job center's statutes must be checked every two years or more.
4. Investigations into the housing market can only claim lasting validity if they are continually reviewed.
5. The social administration must therefore always take precautions to respond promptly to changes in the form of rent increases, so that the current need for accommodation costs can be met at all times.
6. If a coherent concept no longer exists, the SGB II provider must use the maximum amount in the housing benefit table to properly determine the adequacy limit in accordance with Section 22 Paragraph 1 Sentence 1 SGB II. However, a safety margin of ten percent must always be taken into account.
4.4 - SG Bremen, decision of September 8, 2016 - S 6 AS 1654/16 ER
Procurement of a refrigerator as part of the initial furnishing of household appliances
Guiding principle (editor)
1. The applicant is entitled to have an interim order issued with regard to the initial procurement of a refrigerator.
2. The circumstance according to which the branch. Having lived in her apartment for the past two years without any means of refrigerating food, she encounters certain doubts. However, these doubts must be relegated to the importance of a refrigerator for a proper lifestyle. The applicant cannot be expected to have to live without a refrigerator in the future and to wait for the main proceedings. In this respect, within the framework of the procedure for interim legal protection, it is sufficient to provide credible evidence by submitting an affidavit.
3. The applicant also credibly demonstrated that the refrigerator purchased from bulky waste was not functional from the start, so that it was not a replacement purchase, but an initial purchase.
Source: Lawyers Beier & Beier, Gröpelinger Heerstraße 387, 28239 Bremen: www.kanzleibeier.eu
Legal tip:
see SG Bremen, judgment of July 23, 2015 - S 27 AS 160/12: If the existing washing machine (from bulky waste) was no longer functional, it can be assumed that there is a need for initial equipment.
4.5 – Berlin Social Court, decision v. March 2, 2016 – S 96 AS 646/16 ER
Bulgarian nationals are entitled to ALG II based on their employee status.
Guiding principle (Juris)
1. The protection of Union citizens who are prevented from restoring their employee status through no fault of their own requires that the extension of the right of residence in the event of a temporary reduction in earning capacity due to illness or accident in accordance with Section 2 Paragraph Sentence 1 No. 1 FreizügG/EU also be allowed to intervene , if the reduction in earning capacity does not occur during the existence of an employment relationship, but within six months after the involuntary termination of the employment relationship and thus within the scope of application of Section 2 Paragraph 3 Sentence 2 FreizügG/EU.
2. In order to intervene in the continued existence of the right of residence as an employee in accordance with Section 2 Paragraph 3 Sentence 1 No. 1 FreizügG/EU due to temporary reduction in earning capacity as a result of illness or accident, it is therefore sufficient that its requirements (here the temporary reduction in earning capacity as a result of illness) are met during the six-month period during which the applicant retains his employee status. It is not necessary that the person entitled to benefits is still in employment at the time the incapacity for work is established and is an employee in the original sense.
Source: socialcourtsability.de
5. Decisions of the state social courts on employment promotion (SGB III)
5.1 – Baden-Württemberg State Social Court, judgment of October 18, 2016 – L 13 AL 1634/15
Guiding principle (Juris)
Immediacy within the meaning of Section 26 Paragraph 2a No. 1 SGB III is also guaranteed if a maternity protection period (Section 3 Paragraph 2 MuSchG) directly adjoins a period in which insurance was compulsory due to the raising of a child , even if the time gap until the subsequent child-rearing period is more than one month (connection to LSG Rheinland-Pfalz, judgment of May 31, 2011, L 1 AL 43/10).
Source: socialcourtsability.de
6. Decisions of the social courts on social assistance (SGB XII)
6.1 – Detmold Social Court, judgment of 02/02/2016 – S 2 SO 157/12 – legally binding
Transition allowance and credit towards basic security benefits – Chapter 3 SGB XII
Guiding principle (editor)
The transitional allowance received by the applicant must be deducted in full by the pension insurance provider as income in addition to the pension. This results from the maintenance-securing nature of the transitional allowance provided by the pension insurance. This is not workshop income within the meaning of Section 82 Paragraph 2 Sentence 3 SGB XII.
Source: socialcourtsability.de
6.2 – Munich Social Court, judgment of July 2, 2015 (ref.: S 51 SO 531/14):
Principle Dr.
Manfred Hammel 1. The approval decision on the granting of care assistance benefits (§§ 61 ff. SGB XII) may only be accompanied by a secondary provision - such as e.g. B. with a time limit in accordance with Section 32 Paragraph 2 No. 1 SGB
2. Both reasons for a time limit do not apply if the health situation of a person in need of care cannot be expected to significantly improve and the extent of care could be reduced based on the available certificates and reports as well as the previous duration of benefit receipt due to their disability and life situation.
3. If - contrary to expectations - there is a significant improvement in the economic situation of this person in need of care, then the social welfare provider has the option of ordering the revocation of the approval administrative act in accordance with Section 48 Paragraph 1 Sentence 1 SGB X due to a significant change in the actual circumstances conditions.
6.3 – Braunschweig Social Court, decision of September 9, 2016 (ref.: S 32 SO 129/16 ER):
Principle Dr.
Manfred Hammel The requirements for accommodation and heating (Section 35 SGB XII) are also covered by Section 37 Paragraph 1 SGB XII.
Persons in need of assistance in accordance with Section 19 Paragraph 2 of the SGB stands. This requires approval of bridging benefits at loan level until the next pension payment is received.
7. Decisions of the state social courts and social courts on asylum law
7.1 - LSG North Rhine-Westphalia, resolution of June 23, 2016 (ref.: L 20 AY 38/16 B ER and L 20 AY 43/16 B):
Principle Dr.
Manfred Hammel 1. A women's shelter is a facility within the meaning of Section 10a, Paragraph 2, Sentence 1 AsylbLG, which does not provide medical treatment, but serves other measures in accordance with the AsylbLG:
2. Women's shelters - unlike communal accommodation according to Section 53 AsylVfG - not only serve to provide accommodation for communal living purposes, but their self-image is to provide women and their children affected by domestic and sexual violence with anonymous protection from further attacks and threats as well as appropriate protection To ensure support and advice for the people admitted. This is another service in accordance with Section 6 Paragraph 1 Sentence 1, 2nd Alternative AsylbLG to ensure health.
3. As a rule - regardless of the actual living conditions, in particular the place of residence immediately before admission to the women's shelter - this is considered the usual place of residence (Section 30 Paragraph 3 Sentence 2 SGB I) for people for whom there is a residence requirement for a specific area area as their usual place of residence, with the result that the authority of this location is responsible for all necessary services (Section 10a Paragraph 3 Sentence 4 AsylbLG).
4. Anything else only applies in an urgent case (Section 10a Para. 2 Sentence 3, 2nd alternative AsylbLG).
5. In case of doubt, the authority in whose area a person entitled to benefits actually resides is responsible (Section 10a Paragraph 1 Sentence 2 AsylbLG).
6. This authority does not only have to intervene in the case when the public body of the place of last habitual residence, which is actually responsible in accordance with Section 10a Paragraph 2 Sentence 1 AsylbLG, is unable to provide the service immediately, and the requested service is not granted when viewed objectively cannot tolerate any delay. The same also applies if the two service providers involved refuse to grant assistance with reference to their alleged local lack of responsibility, but the applicant cannot wait for this conflict of jurisdiction to be clarified due to the livelihood-related nature of the benefits sought.
7.2 – Hanover Social Court, judgment of October 5, 2016 (ref.: S 53 AY 20/16):
Principle Dr.
Manfred Hammel 1. The opening of the scope of application of the AsylbLG must only be based on the time at which the asylum application was formulated. According to Section 55 Paragraph 1 Sentence 1 AsylVfG, the stay of a foreigner is permitted when applying for asylum for the first time.
2. Single adults entitled to benefits receive basic benefits in accordance with need level 1 (Section 3 Paragraph 2 Sentence 2 No. 1 AsylbLG), unless they are classified as “other adult beneficiaries” in accordance with Section 3 Paragraph 2 Sentence 2 No. 3 AsylbLG (Needs Level 3). do not run their own household because they are integrated into someone else's household and therefore have to contribute to the essential household-related expenses.
3. Corresponding shared household management must be determined separately by the responsible authority in the case of a purely shared apartment with other asylum seekers, where each person has their own room and the kitchen and bathroom are shared.
4. The affirmation of joint household management outside of the partner households contradicts the application of standard requirement level 3.
5. In order to form a mixed standard rate, a separate legal basis is required to the extent that this standard rate affects the legal status of the foreigner entitled to benefits. However, this does not emerge from the AsylbLG.
6. The different assessment of standard requirements that is possible in accordance with Section 27a Paragraph 4 Sentence 1 SGB XII also does not apply in the area of the AsylbLG due to the lack of a relevant legal basis.
Legal tip:
a. A.: LSG NSB, December 14, 2015 - L 8 AY 55/15 B ER - Need level 3 for those entitled to benefits according to § 3 AsylblG; no application of the judgments of the BSG (including B 8 SO 5/14 R)
8. Miscellaneous information about Hartz IV and other law books
Inadmissible form
Job center Stade has to apologize for sex questions
The job center in Stade wanted to know from a Hartz IV recipient who she slept with. The managing director has since apologized.
Source: www.spiegel.de
Everyday life in a job center “I have colleagues, I don't want to be a customer”
A look behind the scenes at a job center: Martina Haase wants to help the unemployed, but she can hardly do it because of all the bureaucracy. She desperately pushes people into measures - even if they are pointless.
Source: www.spiegel.de
Press release 21/2016 State Social Court RP
Financing a course to become a web designer through eye control
The LSG Mainz has decided that the Federal Employment Agency will provide vocational training as a web designer (distance learning) to a severely disabled person who can only control his computer with his eyes due to his illness. must finance it if there is still a chance of professional activity and she cannot name other suitable measures.
Judgment of October 27, 2016, file number: L 1 AL 52/15: www2.mjv.rlp.de
Press release from the BVerwG No. 91/2016 v.
October 27, 2016 A father's obligation to pay compensation for BAföG benefits due to incomplete information.
Is the payment of training funding to a trainee in accordance with the Federal Training Assistance Act (BAföG) based on the fact that his father intentionally provided incomplete information about his income and is therefore liable to pay compensation to the trainee According to the Federal Administrative Court, he does not have to reimburse the amount that the son would have received as training funding if the information was complete.
BVerwG 5 C 55.15 – judgment of October 27, 2016: www.bverwg.de
SGB III, VI: Participation in working life - costs of accommodation during the closing times of the boarding school, a contribution from lawyer Raik Pentzek, ETL Rechtsanwälte GmbH Rechtsanwaltsgesellschaft
In the case of sponsored vocational training with accommodation in a boarding school and constant provision of your own accommodation for journeys home during the During closing times, the Hamburg State Social Court decided as follows (LSG Hamburg, judgment of June 29, 2016 - L 2 AL 41/15):
The plaintiff is entitled to security for his accommodation and food needs during closing times. This means that by combining training and rehabilitation, accommodation and food must not be denied during boarding school accommodation. If the form of service provision chosen by the defendant does not cover all of the needs, then the defendant is obliged to provide various services in accordance with the principle of a comprehensive obligation to provide an overall service package. By means of this obligation, the plaintiff can bridge the periods in which he is not accommodated and cared for in a dormitory, boarding school or other facility for disabled people.
Additional information from the expert in social security law
The legal question decided here is often assessed differently. According to the law, flat-rate benefits are provided. Costs are often not taken into account individually. The LSG therefore allowed the appeal.
Source: www.anwalt.de
Note:
Appeal pending at the BSG Ref.: B 11 AL 15/16 R
Previous instance: LSG Hamburg, L 2 AL 41/15
In the case of funded vocational training with boarding school accommodation, is a disabled person entitled to cover the actual costs for the permanent provision of a own accommodation for trips home during closing times?
In Düsseldorf, the rent caps for recipients of Hartz IV or basic security will be adjusted and increased by around 15 cents per square meter.
At its meeting on Wednesday, October 26th, the Health and Social Affairs Committee noted the new rates, which apply immediately.
For an individual, for example, up to 415 euros (previously 407 euros) will be considered appropriate in the future. For a household with two people the maximum is 514 euros (previously 504 euros). For a family with two children or four people in the household, up to 805 euros (previously 790 euros) can be recognized. For a community of needs with five household members, up to 1,060 euros (previously 1,040 euros) are expected. The limit values refer to rent plus additional costs without heating (gross rent). The heating costs are also taken into account depending on the type of heating.
Source: www.stadt-news.de and www.jobcenter-duesseldorf.de
ALG I recipients are also sanctioned - sanctions also apply to unemployment insurance: blocking periods affect hundreds of thousands
Source: www.o-ton-arbeitsmarkt.de
“Hartz IV in court” – radio feature on, among other things, the situation at the Berlin Social Court
Source: @sgleipzig: twitter.com or www.deutschlandradiokultur.de
Cologne Hartz IV recipients finally get higher rent reimbursed - New limit, but falls short of court orders - New rental values from November 1st - They stipulate that for single people, even an apartment for 522 euros will be paid for in full by the job center
Source: leo-koeln.org
Author of the case law ticker: Editor of Tacheles Detlef Brock
Source: Tacheles legal ruling ticker, www.tacheles-socialhilfe.de
