1. Decisions of the Federal Social Court on basic income support for job seekers under the German Social Code, Book II (SGB II), on social assistance and on asylum law
1.1 – BSG, Judgment of 9 March 2022 – B 7/14 AS 91/20 R
Basic income support for job seekers – Exclusion from benefits – EU citizens – Parental leave – Employment status
Guidance by Attorney Volker Gerloff:
EU citizens remain employees during parental leave and therefore may not be excluded from benefits under the German Social Code, Book II (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 income support for job seekers – social assistance – exclusion from benefits – EU foreigners
Guidance note by the editor of Tacheles e. V.
1. With regard to the argument of the joined social welfare agency that its obligation to grant benefits under Book XII of the German Social Code (SGB XII) is not applicable because the present case involves proceedings in favor of the applicant under Section 44 of Book X of the German Social Code (SGB X) against the Jobcenter, the presiding panel refers to the decision of the 4th Senate of the Federal Social Court (BSG) of March 29, 2022 (B 4 AS 2/21 R). It concurs with this decision.
2. Even in such a constellation, the procedural economy purpose of the so-called non-genuine necessary joinder within the meaning of Section 75 Paragraph 2 Alternative 2, Paragraph 5 of the Social Court Act (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 – analogous benefits – standard benefit level – communal accommodation – actual mutual support
Federal Social Court (BSG), Judgment of 11 August 2022 – B 8/7 AY 1/21 R
Asylum Seekers' Benefits Law – Analogous Benefits – Standard Needs Level – Communal Accommodation – Actual Mutual Support
Guiding principle of the editor of Tacheles e. V.:
1. The court has proposed a settlement, therefore no decision, but the court notes:
There are serious constitutional concerns regarding the regulations on the amount of benefits for single adults staying in communal accommodation, both for analogous benefits and 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
Guiding principle of the editor of Tacheles e. V.:
Integration assistance benefits that have been lawfully granted in the form of a personal budget may not be revoked with retrospective effect pursuant to Section 47 Paragraph 2 Sentence 1 No. 1 SGB X.
Source: www.bsg.bund.de
2. Decisions of the State Social Courts on basic income support for job seekers (SGB II)
2.1 – LSG Baden-Württemberg, decision of 09.05.2022 – L 3 AS 1216/22 B
Guiding principles
1. A legal aid application is only ready for approval when, in addition to information on personal and economic circumstances along with supporting documents, a substantiated description of the dispute, including any evidence, is also available.
2. The rejection of the application for legal aid due to deficiencies in substantiation requires a sufficiently clear judicial notice, combined with a deadline.
3. Regarding the transfer of the final decision on the legal aid application to the Social Court.
Source: www.socialgerichtsabilities.de
2.2 – LSG Hamburg, judgment of May 20, 2022 – L 4 AS 335/21
Conditions for the deemed receipt of an administrative act – reinstatement to the previous status
Principle
1. According to Section 87 of the Social Court Act (SGG), an action must be brought within one month of service or notification of the administrative act. A corresponding note by the case worker in the electronic administrative file is insufficient to prove that the document was mailed. Therefore, the deemed receipt provision of Section 37 of the German Social Code, Book Ten (SGB X) is not applicable. This does not apply if the plaintiff's own statements indicate that the contested decision was mailed in accordance with the file note. (Paragraph 16)
2. Even in cases of insufficient language skills, reinstatement under Section 67 Paragraph 1 of the Social Court Act (SGG) must be denied if the party concerned has not undertaken everything possible and reasonable to adequately pursue their interests. (Paragraph 17)
Source: www.landesrecht-hamburg.de
3. Decisions of the social courts on basic income support for job seekers (SGB II)
3.1 – SG Berlin, judgment of June 8, 2022 – S 123 AS 5265/20
Guiding principles:
Insurance contributions for private pension insurance are not to be deducted from the income of a beneficiary exempt from compulsory insurance in the statutory pension insurance scheme pursuant to Section 11 Paragraph 1 No. 3 lit b) SGB II, insofar as they exceed the amount that the beneficiary would have to pay if compulsory insurance existed; the respective current minimum contribution must always be recognized for marginally employed persons.
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
Guiding principles
1. Only for the group of persons entitled to benefits under the German Social Code, Book III (SGB III) or Book II (SGB II), for whom the Employment Agency (AA) provides integration services in accordance with Section 22 Paragraph 4 of the German Social Code, Book III (SGB III), is the certificate of involuntary participation issued by the Employment Agency a constitutive and binding requirement for the Job Center to receive benefits under the German Social Code, Book II (SGB II).
2. The AA's review criteria, which are based on the waiting period regulation of § 159 SGB III, do not correspond to the European legal concept of involuntary unemployment.
3. In accordance with European law, Section 2 Paragraph 3 Sentence 2 of the Freedom of Movement Act (FreizügG) must be interpreted to mean that the confirmation of involuntary unemployment for persons who have not yet acquired an entitlement to unemployment benefit can also be carried out by the responsible job center within the framework of the examination of the ALG II claim, because only the job center is responsible for job placement and checks whether the applicants are 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 27.07.2021 – L 8 SO 79/21 B ER
Guiding Principles
1. The jurisdiction established under Section 14 of the German Social Code, Book IX (SGB IX) for a unified rehabilitation process is binding for the participating rehabilitation providers. 2. When implementing a legally binding integration assistance measure, necessarily incurred travel expenses must also be covered as an integral part thereof (following the Federal Social Court's decision of February 27, 2020 – B 8 SO 18/18 R – juris para. 12). This also applies in the case of a legally binding approval from a rehabilitation provider that lacks subject-matter jurisdiction.
Source: www.socialgerichtsabilities.de
5.2 – LSG Hessen, decision of 01.06.2022 – L 4 SO 124/21
The principles outlined
in Section 35, Paragraph 2, Sentences 3 and 4 of the German Social Code, Book XII (SGB XII) are not applicable to a situation where a lease is being signed for the first time for an already occupied apartment. The obligation of persons receiving assistance to obtain approval from the social welfare agency before signing a lease presupposes a move.
Source: www.socialgerichtsabilities.de
5.3 – LSG Baden-Württemberg, judgment of June 22, 2022 – L 2 SO 299/21
Guiding principles:
Within the framework of the means test according to § 19 para. 3 SGB XII, assets are also included in the calculation of the means test for spouses who do not live separately. Limitation: Claim for reimbursement by the spouse of a person in need of assistance against a third party according to § 528 BGB.
Source: www.socialgerichtsabilities.de
5.4 – LSG Baden-Württemberg, Judgment of 22 June 2022, L 2 SO 571/21
Guiding principles
on the question of when an heir of a recipient of assistance has a grievance in connection with the granting of benefits pursuant to Section 19 Paragraph 5 of the German Social Code, Book XII.
Source: lrbw.juris.de
6. Miscellaneous information on Hartz IV, social assistance, asylum law, housing benefit law and other legal codes
6.1 – Newsletter – 13 – 2022 – by Attorney Volker Gerloff
here: www.ra-gerloff.de
6.2 – Tenants' Association raises the alarm
Millions will be unable to pay their gas bills.
Source: www.t-online.de
Editor's note:
As the amount of the levy is not to be announced until August 15, 2022, I will submit my comment on this later.
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
