In expedited proceedings before the Kassel Social Court (case no.: S 1 AS 98/21 ER), the Kassel Job Center suffered a defeat. By order dated December 7, 2021 , the Job Center was obligated to provisionally grant a family of six housing costs based on their actual expenses until the conclusion of the legal proceedings, and not based on the costs deemed appropriate by the Job Center. In its calculation, the Job Center considered €254.27 less per month than the amount the family was required to pay.
The family (ages 48, 41, 17, 13, 11, and 5) moved on July 1, 2021, because their previous apartment on the fourth floor had no elevator and their 5-year-old son uses a wheelchair. Both the son with a disability and his father require care at care level 2. The new apartment, with a base rent including utilities of €1,265.00 per month, is significantly more expensive, but it meets the family's needs due to their disabilities. Despite this, the Kassel Job Center refused to cover the moving costs, deeming the apartment "unsuitable" according to their criteria. An appeal against the reduced allowance was also rejected as unfounded on October 27, 2021. The family had to cover €254.27 per month from their already meager standard benefits.
In response to an urgent application filed on October 29, 2021, the Social Court of Kassel ordered the job center to take the actual housing costs into account when calculating benefits. The court ruled that, based on the legal regulations for the simplified procedure for accessing social security due to the COVID-19 pandemic (§ 67 para. 3 SGB II), the family's actual housing costs must be considered in the calculation following a move during the pandemic.
“There are no surveys on the evidently limited supply of accessible housing in the city of Kassel. The limits for what constitutes a reasonable rent in Kassel are already too low, but to apply them arbitrarily, even to people with disabilities, during a pandemic is unacceptable,” says Sven Adam, a lawyer from Göttingen representing the family, expressing his frustration with the job center's handling of the situation. “The fact that the social court has now even had to impose a special regulation on the job center in response to the Covid-19 pandemic has fundamental implications for all other benefit recipients affected by relocations, who can now cite this ruling,” Adam continues.
“We are very pleased with the positive ruling by the social court in the family's interest, as we know how scarce affordable housing is. People with disabilities or chronic illnesses receiving social benefits often struggle to make ends meet with the standard rates if they want to find, or as in this case, are forced to find, suitable accommodation,” commented Elke Thimsen, Managing Director of the Association for the Promotion of Autonomy for People with Disabilities (fab eV) , on the court's decision. fab eV is supporting the family in the proceedings.
The decision of the Kassel Social Court dated December 7, 2021 can be accessed here:
