1. Decisions of the Federal Social Court on basic income support (SGB II) and on matters of employment promotion law (SGB III)
1.1 – BSG, judgment of May 8, 2019 – B 14 AS 13/18 R, B 14 AS 6/18 R
The job center must cover the costs of school books.
The costs for school books must be covered by the job center as an additional hardship allowance if students have to buy their own school books due to a lack of free learning materials.
A loan under Section 24 Paragraph 1 of the German Social Code, Book II (SGB II) is not possible because this requires a need that is accurately covered by the standard allowance, which is precisely not the case when learning materials are not provided free of charge.
Source: www.bsg.bund.de
Note:
See also attorney Helge Hildebrandt and Tacheles eV Harald Thomé as well as a report by Herbert Masslau (who was present at the BSG meeting):
1. UPDATE: Federal Social Court (BSG) orders job centers to cover school, education, and learning needs.
Further information: tacheles-sozialhilfe.de
2. Job center must cover costs for schoolbooks.
Further information: sozialberatung-kiel.de
3. Schoolbook costs (+ tablet PC): Report from the BSG on May 8, 2019,
further information: www.herbertmasslau.de
1.2 – BSG, judgment of May 8, 2019 – B 14 AS 15/18 R
Guiding principle (Editor):
If the heir receives benefits under the German Social Code, Book II (SGB II) at the time of inheritance, but the funds from the inheritance only accrue to him after an interruption of the need for assistance (through receipt of unemployment benefit I and housing benefit) during a renewed receipt of benefits, then the amount accruing from the inheritance is not to be regarded as income, but as assets.
Source: www.bsg.bund.de
1.3 – BSG, judgment of May 8, 2019 – B 14 AS 20/18 R
Heating cost subsidies must be paid even without receiving Hartz IV benefits.
Guiding principle (Editor):
One-off costs for the procurement of heating material are to be covered as current needs in the month of due date in accordance with Section 22 Paragraph 1 Sentence 1 SGB II, even if the need for assistance arises solely in the month of procurement due to the stockpiling of heating material.
The German Social Code, Book II (SGB II), does not contain a legal basis for the distribution of the need for heating material that arises in a specific month and has been purchased for a longer period.
Source: www.bsg.bund.de
1.4 – BSG, judgment of May 7, 2019 – B 11 AL 11/18 R
Guiding principle (Editor):
No entitlement to bad weather pay (seasonal short-time work allowance) for construction sites abroad.
Source: www.bsg.bund.de
2. Decisions of the State Social Courts on basic income support for job seekers (SGB II)
2.1 – Schleswig-Holstein State Social Court, decision of 11 January 2019 – L 6 AS 238/18 B ER
Jobcenter ordered to subsidize the costs of an internet-enabled PC/laptop in the amount of EUR 600 (see SG Gotha, judgment of August 17, 2018 – S 26 AS 3971/17).
Money from the job center for the purchase of a computer, an article by attorney Helge Hildebrandt
Students receiving benefits under the German Social Code, Book II (SGB II), are entitled, under certain conditions, to a one-time additional allowance from their job center for the purchase of a computer, as stipulated in Section 21, Paragraph 6 of the SGB II. According to this provision, an additional allowance is granted to benefit recipients if there is an unavoidable, ongoing, and not merely one-off special need in the individual case.
More information: sozialberatung-kiel.de
Full text of the decision: sozialberatungkiel.files.wordpress.com
2.2 – Berlin-Brandenburg State Social Court, decision of 03.04.2019 – L 18 AS 467/19 B ER – legally binding
Basic income support for job seekers – Vocational training – Foreigners – Residence permit for training purposes
Guiding principle (Editor)
1. According to the established case law of the adjudicating Senate, in preliminary legal protection proceedings, the claimed standard needs within the meaning of Section 20 Paragraph 1 of the German Social Code, Book II (SGB II) are to be taken into account only to the extent of 80%.
2. The applicant is not subject to the exclusion from benefits under Section 7 Paragraph 5 Sentence 2 of the German Social Code, Book II (SGB II), as amended by the Act of July 26, 2016, which has been in force since August 1, 2016, because the applicant has a right of residence under the German Residence Act (AufenthG), specifically under Section 17 AufenthG. According to Section 17 Paragraph 1 Sentence 1 AufenthG, a residence permit may be granted to a foreigner for the purpose of in-company vocational training and further education if the Federal Employment Agency has given its consent pursuant to Section 39 or if it is stipulated by statutory instrument pursuant to Section 42 or by international agreement that the training and further education is permissible without the consent of the Federal Employment Agency.
Source: socialcourtsability.de
2.3 – Berlin-Brandenburg State Social Court, decision of 11 April 2019 – L 25 AS 337/19 NZB – legally binding
appeal against the refusal of leave to appeal – fundamental importance – wages for multiple jobs – period for which the wages are paid – tax-free allowance
Guiding principle (Editor):
The basic tax allowance of 100 euros can only be deducted once if a person in need of assistance has multiple jobs.
Source: socialcourtsability.de
2.4 – Berlin-Brandenburg Higher Social Court, Judgment of March 21, 2019 – L 31 AS 302/18 – legally binding.
Principle (Juris): If,
following a cost-reduction procedure, the job center approves a total amount, without further breakdown, as a capped gross rent including utilities, only this total amount can be compared to the (court-determined) housing costs (KdU) broken down separately into basic rent, operating costs, and heating costs when determining so-called reasonableness reserves for the (partial) assumption of a utility bill arrears. This follows from the absence of a payment provision in the law or in the approval notice that could serve as a benchmark for determining which contractual claim or need the approved total amount should be primarily applied to.
Source: socialcourtsability.de
3. Decisions of the social courts on basic income support for job seekers (SGB II)
3.1 – Gelsenkirchen Social Court, Judgment of 24 January 2019 – S 44 AS 2361/15
Guiding principle (Editor)
1. The applicant's relocation was not necessary, as a relocation only appears necessary if the landlord refuses to remedy defects incumbent upon him, or if this is impossible, or if further remedial measures cannot be reasonably expected due to their scope or after several failed attempts, and thus a right to extraordinary termination exists according to §§ 543, 569 of the German Civil Code (BGB).
2. Asking rent concepts represent a suitable method for determining a housing-related subsistence minimum, even if no existing rents are collected.
Source: socialcourtsability.de
Note:
(See also SG Düsseldorf, 19.03.2019 – S 29 AS 1734/16 – A purely offer-based rent concept does not meet the requirements for a realistic assessment of the entire housing market)
4. Decisions of the State Social Courts on Employment Promotion Law (SGB III)
4.1 – Schleswig-Holstein State Social Court, Judgment of 15 February 2019 – L 3 AL 5/17
The joint relocation of a residence is not subject to the immigration case law of the Federal Social Court (cf. on this: BSG, judgment of 17 October 2007, B 11a/7a AL 52/06 R, BSG, judgment of 27 May 2003, B 7 AL 4/02 R).
Guiding principle (Editor):
The realization of economically advantageous design solutions is generally not an important reason within the meaning of Section 159 Paragraph 1 Sentence 1 of the German Social Code, Book III (SGB III), which, when weighed against the interests of the insured community, justifies the seamless continuation of wage replacement benefits immediately after the onset of unemployment.
Source: socialcourtsability.de
5. Decisions of the State Social Courts on Social Assistance (SGB XII)
5.1 – Hessian State Social Court, Judgment of 13 March 2019 – L 4 SO 193/17
Guiding principle (Editor):
Regarding the question of whether the defendant may, on the basis of Section 103 Paragraph 1 Sentence 1 of the German Social Code, Book XII (SGB XII), hold the plaintiff liable for the costs of social assistance incurred because the plaintiff, as guardian, failed to prevent the voluntary insurance of the person under his care in the statutory health and long-term care insurance from ending due to payment arrears, and the defendant therefore provided benefits to the person under his care, the answer here is no.
Source: socialcourtsability.de
6. Decisions of the social courts on asylum law
6.1 – Social Court Stade, decision of 08.05.2019 – S 33 AY 4/19 ER
Guiding principle (Editor):
The applicant is provisionally entitled to basic benefits increased by EUR 18.00 despite the lack of a new announcement pursuant to Section 3 Paragraph 4 Sentence 3 of the Asylum Seekers' Benefits Act (see Social Court Stade, decision of March 6, 2019 – S 19 AY 1/19 ER -).
Source: socialcourtsability.de
Legal tip:
aA SG Aurich, decision of 29.11.2018 – S 23 AY 7/18 ER – The updating of the benefit rates and the publication of the adjusted benefit rates is legally assigned to the Federal Ministry as a task; consequently, the courts are prohibited from carrying out the updating of the benefit rates themselves on a provisional and fictitious basis.
7. Miscellaneous information on Hartz IV, social assistance, asylum law, housing benefit law and other legal codes
7.1 – Note on: BSG 14th Senate, Judgment of 28 November 2018 – B 14 AS 31/17 R
Author: Dr. Jens Blüggel, Chairman of the Judges' Court
Offsetting of rental deposit loans under the German Social Code, Book I (SGB I)
Guideline regarding the commentary:
Under the German Social Code, Book II (SGB II), rental deposit loans are repaid through monthly offsetting in accordance with Section 42a Paragraph 2 of the SGB II. There are no fundamental constitutional concerns that preclude this.
Continue reading on Juris: www.juris.de
Author of the legal news ticker: Detlef Brock, editor of Tacheles
Source: Tacheles legal case law ticker
