1. Decisions of the state social courts on basic income support under the German Social Code, Book II (SGB II)
1.1 – LSG Hamburg, judgment of October 6, 2022 – L 4 AS 83/21
Amount of accommodation costs to be reimbursed by the basic income support provider after a cost reduction request
Guiding principle
1. According to Section 22 Paragraph 1 Sentence 3 of the German Social Code, Book II (SGB II), unreasonable housing costs are to be recognized as a need for as long as a cost reduction is not possible, generally for a maximum of six months. (Paragraph 42)
2. If the social security provider has informed the benefit recipient which accommodation costs it considers reasonable, and the benefit recipient has not proven that they have made efforts to find more affordable accommodation, then they are only entitled to the reasonable accommodation costs. An incorrect assessment of the legal situation does not constitute a subjective impossibility of reducing costs. (Paragraph 44)
Source: www.landesrecht-hamburg.de
1.2 – Lower Saxony-Bremen State Social Court, decision of 02.12.2022 – L 13 SF 5/22 EK AS
Compensation for excessively long proceedings – objectively unjustified delay – awaiting a leading decision on a conclusive concept pursuant to Section 22 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II)
Subject to the specific circumstances of the individual case, the Senate considers it objectively justified for the Social Court to effectively suspend proceedings concerning the adequacy of housing costs, where the validity of the basic income support provider's concept for determining reasonableness limits is crucial, in light of the numerous similar cases pending a leading decision, even without a formal order to stay the proceedings. This suspension is permissible even without a formal order to stay. Since the basis for liability is unjustified delays, there is no entitlement to compensation for excessively long proceedings during the period awaiting a leading decision.
Source: voris.wolterskluwer-online.de
1.3 – LSG Baden-Württemberg, decision of 03.11.2022 – L 3 AS 564/22
Guiding Principles:
The withdrawal of the mandate by the applicant/plaintiff regularly justifies, as an important reason, the revocation of the appointment upon application by the lawyer previously appointed under the legal aid scheme.
Source: www.socialgerichtsabilities.de
2. Decisions of the social courts on basic income support under the German Social Code, Book II (SGB II)
2.1 – SG Altenburg, judgment of October 5, 2022 – S 30 AS 1503/21
Guiding principle of the editor of Tacheles e. V.
On the question of an obligation to assume subsequent claims for operating costs for an apartment that is no longer occupied in cases without a cost reduction request or assurance, here affirmed.
Guiding Principles:
An obligation of the social security provider to cover utility bill arrears for an apartment no longer occupied by the benefit recipient, pursuant to Section 22 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II), can exist even in cases without a request or assurance to reduce costs. The connection between the arrears and the current housing-related needs, relevant under social security law, is established through the uninterrupted receipt of benefits.
Source: www.socialgerichtsabilities.de
3. Decisions of the State Social Courts and Social Courts on Social Assistance (SGB XII)
3.1 – LSG Berlin-Brandenburg, Judgment of 21.09.2022 – L 15 SO 243/20 – Appeal allowed
Guiding principle by the editor of Tacheles e. V.
on the question of whether funeral insurance is generally to be considered appropriate.
Guiding principles:
By amending Section 33 Paragraph 2 of the German Social Code, Book XII (SGB XII), the legislator has recognized the fundamental appropriateness of a funeral expenses insurance policy within the framework of Section 82 Paragraph 2 No. 3 of the German Social Code, Book XII (SGB XII).
For contributions to funeral expense insurance to be taken into account in accordance with Section 82 Paragraph 2 No. 3 of the German Social Code, Book XII (SGB XII), it is not a requirement that the funeral expense insurance was already concluded before the commencement of benefit payments.
Source: www.socialgerichtsabilities.de
3.2 – LSG NRW, Decision of 25.10.2022 – L 9 SO 32/22 B ER
Entitlement to long-term care assistance under the German Social Code, Book XII (SGB XII) – use of assets – funeral insurance – hardship case affirmed in the case of assets in the form of two funeral insurance policies
Guiding principle of the editor of Tacheles e. V.:
Just like funeral pre-arrangement contracts, pure death benefit insurance policies, where a contractual provision has been made to ensure the earmarking of the funds, are also excluded from liquidation as protected assets (LSG Saarland judgment of 22.11.2018 – L 11 SO 12/17; judgment of the Senate of 19.03.2009 – L 9 SO 5/07).
Source: www.socialgerichtsabilities.de
4. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
4.1 – LSG Bayern, decision of 20.12.2022 – L 8 AY 131/22 B ER
Guiding principles
1. The preliminary legal protection in the case of the granting of restricted benefits without prior, higher benefit provision is governed solely by Section 86b Paragraph 2 of the Social Court Act (SGG).
2. Regarding the requirements for a restriction of entitlement pursuant to Section 1a Paragraph 7 of the Asylum Seekers' Benefits Act (AsylbLG)
Source: www.socialgerichtsabilities.de
5. Miscellaneous information on Hartz IV, social assistance, asylum law, housing benefit law and other legal codes
5.1 – Newsletter Archive – Register of Attorney Volker Gerloff
More information: www.ra-gerloff.de
We wish everyone a healthy and happy New Year.
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
