1. Decisions of the Federal Social Court on basic security for job seekers according to (SGB II), on social assistance and on asylum law
1.1 – BSG, judgment of March 9, 2022 – B 7/14 AS 91/20 R
Basic security for job seekers - exclusion of benefits - EU foreigners - parental leave - employment status
Guidance RA Volker Gerloff
EU citizens remain employees during parental leave and may therefore not be excluded from benefits under SGB II during parental leave.
Source: www.socialgerichtsabilities.de
1.2 – BSG, judgment of May 18, 2022 – B 7/14 AS 27/21 R
Basic security for job seekers - social assistance - exclusion of benefits - EU foreigners
Orientation aid editor of Tacheles e.
V. 1. With regard to the argument of the summoned social welfare provider that his conviction to grant benefits according to SGB Senate on the decision of the 4th Senate of the BSG of March 29, 2022 (B 4 AS 2/21 R). He agrees with this in this respect.
2. Even in such a constellation, the procedural economic purpose of the so-called false necessary additional loading within the meaning of Section 75 Paragraph 2 Alt 2, Paragraph 5 SGG must be taken into account.
Source: www.socialgerichtsabilities.de
1.3 – BSG, judgment of 08/11/2022 – B 8/7 AY 1/21 R
Asylum seeker benefits law - analogue benefits - standard level of need - shared accommodation - actually standing up for one another
BSG, judgment of
08/11/2022 - B 8/7 AY 1/21 R Asylum seeker benefit law - analogue benefits - standard level of need - shared accommodation - actual support for each other
Editorial principle of Tacheles e.
V. 1. Court suggested settlement, therefore no decision, but court notes:
There are serious constitutional doubts about the regulations regarding the amount of benefits when single adults are accommodated in shared accommodation, both for analogous benefits and for basic benefits.
Source: www.bsg.bund.de
1.4 – BSG, judgment of 08/11/2022 – B 8 SO 3/21 R
Social assistance - integration assistance - personal budget - administrative act - revocation - past
Editorial principle of Tacheles e.
V. Integration assistance benefits that have been legally approved in the form of a personal budget may not be revoked with effect for the past in accordance with Section 47 Paragraph 2 Sentence 1 No. 1 SGB X.
Source: www.bsg.bund.de
2. Decisions of the state social courts on basic security for job seekers (SGB II)
2.1 – LSG Baden-Württemberg, decision of. May 9, 2022 – L 3 AS 1216/22 B
Guiding principles
1. A PKH application is only ready for approval if, in addition to the information on the personal and economic circumstances and supporting documents, a substantiated description of the dispute is also available, including any evidence.
2. The rejection of the PKH application due to deficiencies in substantiation requires a sufficiently clear judicial notice with a deadline.
3. To transfer the final decision on the PKH application to the social court.
Source: www.socialgerichtsabilities.de
2.2 – LSG Hamburg, judgment of May 20, 2022 – L 4 AS 335/21
Requirements for the access fiction of an administrative act – reinstatement to the previous status
Guidance sentence
1. According to Section 87 SGG, the lawsuit must be filed within one month of delivery or announcement of the administrative act. A corresponding note by the clerk in the electronic administrative file is not sufficient to prove that the item was sent by post. This means that the access fiction of Section 37 SGB 10 is not applicable. Something different applies if the plaintiff's own submission suggests that the contested decision was posted in accordance with the file note. (Rn.16)
2. Even if language skills are inadequate, reinstatement according to Section 67 Paragraph 1 SGG must be refused if the person involved has not done everything that is possible and reasonable for him to adequately pursue his interests. (Rn.17)
Source: www.landesrecht-hamburg.de
3. Decisions of the social courts on basic security for job seekers (SGB II)
3.1 – SG Berlin, judgment of June 8, 2022 – S 123 AS 5265/20
Guidelines
Insurance contributions for private pension insurance are not to be deducted from the income of a beneficiary who is exempt from compulsory insurance in the statutory pension insurance in accordance with Section 11 Paragraph 1 No. 3 lit b) SGB II if they exceed the amount that the beneficiary would have to pay if the insurance obligation existed , the current minimum contribution must always be recognized for part-time employees.
Source: www.socialgerichtsabilities.de
4. Decisions of the social courts on employment promotion law (SGB III)
4.1 – SG Berlin, judgment of July 1, 2022 – S 58 AL 520/19
Guidelines
1. Only for the group of people entitled to benefits according to SGB III or SGB II beneficiaries for whom AA provides integration services in accordance with Section 22 Paragraph 4 SGB III, the AA's certificate of involuntariness is a constitutive prerequisite for the SGB II benefits and is binding on the job center .
2. The AA's test criteria, which are based on the blocking period regulation of Section 159 SGB III, do not correspond to the European law concept of involuntary unemployment.
3. In accordance with European law, Section 2 Paragraph 3 Sentence 2 FreizügG is to be interpreted in such a way that confirmation of involuntary unemployment for people who have not yet acquired a claim to unemployment benefit can also be made by the responsible job center as part of the examination of the Alg II claim, because that alone Job center is responsible for job placement and checks whether the applicants make themselves available to the labor market.
Source: www.socialgerichtsabilities.de
5. Decisions of the state social courts on social assistance (SGB XII)
5.1 – LSG NSB, decision of. July 27, 2021 – L 8 SO 79/21 B ER
Guiding principles
1. The responsibility for a uniform rehabilitation process established according to Section 14 SGB IX is binding for the rehabilitation providers involved. 2. When implementing a legally approved integration assistance measure, travel costs that necessarily arise must also be covered as part of it (following BSG dated February 27, 2020 - B 8 SO 18/18 R - juris Rn. 12). This also applies if there is a final approval from a rehabilitation provider who is not responsible for the matter.
Source: www.socialgerichtsabilities.de
5.2 – LSG Hessen, decision by. June 1, 2022 – L 4 SUN 124/21
Guidelines
Section 35 Paragraph 2 Sentence 3 and 4 SGB XII is not applicable to a situation in which a rental agreement is concluded for the first time for an apartment that is already inhabited. The obligation of people in need of assistance to obtain consent from the social welfare agency before concluding a rental agreement requires a move.
Source: www.socialgerichtsabilities.de
5.3 – LSG Baden-Württemberg, judgment of June 22, 2022 – L 2 SO 299/21
principles
As part of the means test according to Section 19 Paragraph 3 SGB
Source: www.socialgerichtsabilities.de
5.4 – LSG Baden-Württemberg, judgment of June 22, 2022, L 2 SO 571/21
Guiding principles
on the question of when an heir of a recipient of assistance has a complaint in connection with the approval of benefits in accordance with Section 19 Para. 5 SGB XII.
Source: lrbw.juris.de
6. Miscellaneous information about Hartz IV, social assistance, asylum law, housing benefit law and other law books
6.1 - Newsletter - 13 - 2022 - by RA Volker Gerloff
here: www.ra-gerloff.de
6.2 – Tenants’ Association sounds the alarm
Millions will be unable to pay gas bills.
Source: www.t-online.de
Editor's note:
Since the amount of the levy will not be announced until August 15, 2022, I will make my comment later.
Author of the case law ticker: Editor of Tacheles Detlef Brock
Source: Tacheles case law ticker
