1. Decisions of the state social courts on basic security for job seekers (SGB II)
1.1 – Hamburg State Social Court, judgment of February 22, 2018 – L 4 AS 194/17 – Revision was permitted
Basic security for job seekers - income consideration - inheritance - one-off income - accrual principle - distribution period - assets after interruption of the need for help
Guidance sentence (editor)
On the question of what significance an interruption in the receipt of benefits between the event of inheritance and the inflow from the inheritance has for the classification as income or assets.
Guiding principle (editor)
1. An inheritance becomes assets, even if the heir receives benefits according to SGB II at the time of the inheritance.
2. If the funds from the inheritance only flow to him after an interruption in the need for help while receiving benefits again, the amount received from the inheritance is not to be viewed as income, but rather as assets (on this meaning of an interruption in the need for help of at least one month, BSG, Judgment of September 30, 2008 – B 4 AS 29/07 R). The allowances according to Section 12 Paragraph 2 SGB II therefore apply.
1.2 – LSG Berlin-Brandenburg, judgment of January 31, 2018 – L 32 AS 1223/15
The end of the qualified rent index as a basis for calculating the costs of accommodation and heating in Berlin? – Judgment of the Berlin-Brandenburg State Social Court of January 31, 2018 – L 32 AS 1223/15 – An article by Attorney Kay Füßlein, Berlin
further: www.ra-fuesslein.de
for the full text: www.ra-fuesslein.de
1.3 – Berlin-Brandenburg State Social Court, judgment of 02/21/2018 – L 18 AS 2447/16
Guidance sentence (editor)
1. Cancellation of the approval of unemployment benefit II after the transfer of life insurance assets
2. Section 12 Paragraph 4 Sentence 3 is initially applicable in those cases in which changes in the financial circumstances occur in the period between the application and the start of receipt of basic security benefits - life insurance asset transfer
Guiding principle (editor)
From the regulation of Section 12 Paragraph 4 SGB II it only follows that the basic security provider can rely on the existence of an asset or value when submitting an application as long as it exists unchanged. If a change in the market value occurs due to sale, encumbrance or other circumstances, this must be taken into account, regardless of the reason for the change in assets (see Bayerisches LSG, judgment of July 23, 2015 - L 11 AS 681/14 ; LSG Baden-Württemberg, judgment of September 22, 2015 - L 9 AS 5084/13).
Source: socialcourtsability.de
1.4 – Saxon State Social Court, judgment of
01/29/2018 - L 8 AS 1026/14 - Revision was to be permitted One-off costs for the purchase of heating oil - Costs for accommodation and heating for owner-occupied homes - No distribution of the heating costs incurred over 12 months - Reference from the job center to savings illegal
On the question of what to do with people who are not currently receiving benefits due to a lack of need for help and who need help due to the stockpiling of heating material in the month in which the heating material is purchased (once).
Orientation sentence (editor)
1. On the entitlement to “Hartz IV” due to one-off heating costs. There is no legal basis for taking fictitious savings into account over the course of the year.
2. One-off costs for the purchase of heating oil are not to be divided monthly for home residents, so that there may be a need for services in accordance with SGB II in the month in which the heating oil is purchased.
3. Homeowners who are not receiving benefits can have almost their entire heating costs reimbursed by the basic security provider, because there is no legal basis for the fictitious calculation or savings solution advocated by the JobCenter (also Saxon LSG, decision of February 25, 2013 - L 2 AS 141 /13 B ER – not published).
Guiding principle (editor)
1. According to the established case law of the BSG, expenses for accommodation must be taken into account as a need in the month in which they are due. A distribution over longer periods of time is not possible (BSG, judgment of April 6, 2011 - B 4 AS 12/10 R -). The same applies to heating costs, even if they only occur once (BSG, decision of May 16, 2007 - B 7b AS 40/06 R -). What is not important here is whether you are currently receiving benefits. Rather, a (significant) one-off need can also (and especially) trigger a need for help (BSG, decision of May 16, 2007 - B 7b AS 40/06 R; BSG, judgment of November 29, 2012 - B 14 AS 36/12 R -).
2. A fictitious average analysis in which the costs are based on one year (according to the State Social Court [LSG] of Baden-Württemberg, judgment of April 24, 2009 - L 12 AS 4195/08 -) or on “the heating period” (according to the SG Dresden, judgment of February 16, 2015 - S 48 AS 6069/12 -) is divided, contradicts the principle of meeting needs.
3. A corresponding application of the regulation of Section 24 Paragraph 3 Sentence 4 SGB II (as Mrozynski in: ZFSH/SGB 2012, 75, 79 ff.; Susnjar in: GK-SGB II, as of September 2017, Section 22 RdNo. 67 f.) seems obvious for reasons of equity - especially with regard to the principle of equal treatment in Article 3 Paragraph 1 of the Basic Law (see LSG Baden-Württemberg, judgment of April 24, 2009 - L 12 AS 4195/08 -) - otherwise The need for assistance could be justified solely based on the billing method chosen. However, in direct application, this regulation only affects the needs listed in Section 24 Paragraph 3 Sentence 1 SGB II. These are special needs that could in principle be assigned to the standard requirement, but are not covered by the standard rate due to their atypical nature. One-off or different needs for accommodation and heating are not covered by the regulation.
4. There is no legal basis for the fictitious calculation or savings solution advocated by the job center - regardless of the resulting (unfair) result that home residents (if the billing modalities are designed accordingly) can have almost their entire heating costs reimbursed by the basic security provider in individual cases (as already stated Saxon LSG, decision of February 25, 2013 - L 2 AS 141/13 B ER - not published).
Source: socialcourtsability.de
Legal tip:
Also Thuringian State Social Court, judgment of. October 26, 2017 – L 9 AS 1668/15 – legally binding; Saxon LSG, decision of February 25, 2013 - L 2 AS 141/13 B ER, unpublished (short version published in the Tacheles case law ticker week 08/2016); SG Nordhausen, judgment of November 10, 2015 – S 13 AS 1351/14
1.5 – Saxon State Social Court, judgment of November 2, 2017 – L 8 AS 1672/13
Orientation sentence (editor)
1. To cover the costs of a course for students with reading and writing difficulties (LRS) as a service for education and participation (affirmative here).
2. Learning support can be granted to treat partial performance disorders such as dyslexia or dyscalculia even if long-term use is likely to be necessary.
Guiding principle (editor)
1. The regulation of Section 28 Paragraph 5 SGB II does not only cover short-term support measures such as classic tutoring (e.g. because parts of the teaching material were missed due to illness, inattention or simple laziness). In contrast to “tutoring”, “learning support” includes a more complex service and goes beyond that. Conceptually, it is the support of learners and includes, in particular, support for learning disabilities.
2. Longer-term measures to compensate for partial performance disorders such as dyslexia or dyscalculia are therefore also included (Becker, SGb 2012, 185, 187; Saxon State Social Court [LSG], decision of December 18, 2014 - L 2 AS 1285/14 B ER; Schleswig-Holsteinisches LSG, decision of March 26, 2014 - L 6 AS 31/14 B ER; LSG North Rhine-Westphalia, decision of December 20, 2013 - L 19 AS 2015/13 B ER; Leopold in jurisPK-SGB II, 4th edition 2015, § 28 RdNo. 140 f.).
3. The main learning goal is usually the transfer to the next higher grade or the achievement of a sufficient level of performance (cf. BT-Drs. 17/3404, p. 105). However, with special consideration of the individual case, other learning goals can also be considered, in particular an improvement in the level of performance in the presence of dyslexia or dyscalculia (Hessisches LSG, judgment of November 13, 2015 - L 9 AS 192/14; LSG Sachsen-Anhalt, decision of January 12. 2015 - L 2 AS 622/14 B ER; LSG Niedersachsen-Bremen, decision of February 28, 2012 - L 7 AS 43/12 B ER -). It should be noted that the essential learning objectives are not to be determined abstractly, but rather in each individual case, differentiated according to the type of school and grade level based on the respective school law regulations.
Source: socialcourtsability.de
1.6 - State Social Court of Lower Saxony-Bremen 13th Senate, judgment of March 14, 2018 - L 13 AS 77/15
Basic security for job seekers - withdrawal of illegal approval notices and reimbursement of benefits - need for help - assets abroad - tax CD
Guiding principle (Juris)
Information on a tax CD purchased by a German federal state with data from investors in Switzerland, whose name and date of birth correspond to the data of a benefit recipient according to SGB II, may be sufficient in individual cases, in conjunction with others Circumstantial evidence to justify the court's full conviction that the job center's approval notices were illegal.
Source: www.rechtsprachung.niedersachsen.de
1.7 - State Social Court of Lower Saxony-Bremen, decision of March 5, 2018 - L 15 AS 32/18 B ER
Guiding Principle (Juris)
1. Even with a residence requirement according to Section 12a Paragraph 1 Residence Act, the applicant can only stay in the area in which the applicant resides the responsibility of the job center must be justified.
2. The residence requirement has an effect on the offense; it is binding for the basic security provider until it is revoked by the immigration authorities or in the context of an administrative court procedure.
Source: www.rechtsprachung.niedersachsen.de
Legal tip:
This also applies to LSG Berlin-Brandenburg, decision of June 26, 2017 - L 31 AS 618/17 B ER
2. Decisions of the social courts on basic security for job seekers (SGB II)
2.1 – SG Karlsruhe, judgment by. January 31, 2018 – S 14 AS 3082/16
Guidance sentence SG Karlsruhe - Press office
"Specification of guideline values" of the city of Baden-Baden for determining the appropriateness of accommodation costs in accordance with Section 22 Paragraph 1 SGB II does not meet the requirements of the Federal Social Court for a coherent concept.
Source: www.socialcourt-karlsruhe.de
3. Decisions of the state social courts on social assistance (SGB XII)
3.1 – Hamburg State Social Court, decision v. 02/21/2018 – L 4 SO 10/18 B ER – legally binding
Social court proceedings - inadmissibility of a complaint after full fulfillment of a court-ordered performance obligation - lack of need for legal protection - hardship benefits according to Section 23 Paragraph 3 Sentence 6, Paragraph 1 SGB XII
Guidance sentence (editor)
On the entitlement to hardship benefits according to Section 23 Paragraph 3 Sentence 6, Paragraph 1 SGB XII.
Short version of the court:
1. Even in the opinion of the Senate, it is not a prerequisite for such a claim that a desire to leave can be positively determined (as here Coseriu, jurisPK-SGB XII, § 23 Rn. 4.13, LSG Berlin-Brandenburg, decision of June 20th. 2017 - L 15 SO 104/17 B ER et al; Hessisches LSG, resolution of June 13, 2017 - L 4 SO 79/17 B ER and resolution of June 20, 2017 - L 4 SO 70/17; aA BayLSG, resolution of April 24. 2017 - L 8 SO 77/17 B ER; LSG Berlin-Brandenburg, decision of February 13, 2017 - L 23 SO 30/17 B ER). The wording of the regulation does not indicate this; rather, it only requires the existence of special circumstances in the individual case and particular hardship. Furthermore, the requirement of a demonstrable desire to leave the country would contradict the meaning and purpose of the regulation. The exclusion of benefits for foreigners according to Section 23 Paragraph 3 Sentence 1 SGB P. 14 on the parallel regulation in Section 7 Paragraph 1 Sentence 2 Second Book of the Social Code - SGB II).
2. However, this consideration does not apply to foreigners who are unable or unreasonable to return to their home country. The special situation of these people is taken into account by the hardship regulation, which is intended to cover cases in which leaving the country within one month is not possible or unreasonable (according to the justification for the law, BT-Drs. 18/10211, p. 16). People who cannot be required to leave the country (in a timely manner) should still be able to claim benefits. However, if, due to the specific circumstances of the individual case, departure cannot be required anyway, the desire to leave is no longer relevant. Requiring a subjective will that cannot be implemented or whose implementation is not expected seems nonsensical.
Source: socialcourtsability.de
4. Decisions of the social courts on social assistance (SGB XII)
4.1 - SG Hildesheim, judgment of October 19, 2016 - S 44 SO 70/13
Guiding principle (Juris)
Leave of absence from the prison system can be part of the inpatient measure.
Source: www.rechtsprachung.niedersachsen.de
5. Decisions of the regional and social courts on asylum law
5.1 – Bavarian State Social Court, decision v. 03/01/2018 – L 18 AY 2/18 B ER
Guidance sentence (editor)
In principle, for a restriction of benefit claims according to Sections 2, 3 and 6 AsylbLG based on Section 1a AsylbLG, the prerequisite is that such a restriction of entitlement is established by an administrative act (not done here).
Source: socialcourtsability.de
Note:
LSG Bayern: Necessary personal needs for refugees – press release LSG Bayern v. March 27, 2018
Necessary personal needs for refugees
Refugees receive subsistence benefits according to the Asylum Seekers Benefits Act (AsylbLG). In the first 15 months of your stay, the services in reception centers are largely provided in kind. In addition to the benefits in kind, the refugees also receive necessary personal needs amounting to around €135 per month as a cash benefit. This entitlement can be restricted in individual cases if the refugees reproachably commit the offense of restricting their entitlement in accordance with Section 1a AsylbLG.
The decisions:
The 18th Senate of the Bavarian State Social Court had to decide in two urgent proceedings, in each of which the city of Bamberg, Office for Social Affairs, was the respondent, on the complaints of those entitled to benefits under the AsylbLG against the first instance decisions of the Bayreuth Social Court. The complaints were largely successful.
The decision of March 1, 2018 in proceedings L 18 AY 2/18 B ER was essentially based on the fact that the respondent's reduction in benefits was not preceded by the administrative act required by law to determine the limitation of claims. Such an administrative act did exist in the case L 18 AY 7/18 B ER (decision of March 19, 2018). However, the limitation of claims was established without limiting it to six months, as provided for in the law. In both cases, the applicants had to continue to be granted benefits to cover the personal needs of everyday life (necessary personal needs).
further: www.lsg.bayern.de
5.2 - SG Lüneburg, judgment of February 22, 2018 - S 26 AY 26/17
Guidance sentence (Juris)
If a person entitled to benefits goes to church asylum in order to prevent the implementation of measures to end their stay, this justifies the assumption of abusive behavior according to Section 2 Paragraph 1 AsylbLG.
Source: www.rechtsprachung.niedersachsen.de
Legal tip:
See Baden-Württemberg State Social Court, judgment of June 29, 2017, Ref.: L 7 AY 2217/13
6. Miscellaneous information about Hartz IV, social assistance, asylum law, housing benefit law and other legal books
6.1 - The Paritätische: Family asylum and international protection for family members in the context of family reunification and unemployment benefits 2
here: www.der-paritaetische.de
here: www.der-paritaetische.de
We wish all readers a happy Easter!
Author of the case law ticker: Editor of Tacheles Detlef Brock
Source: Tacheles legal ruling ticker, www.tacheles-socialhilfe.de
