1. Decisions of the state social courts on basic security according to (SGB II)
1.1 – LSG Baden-Württemberg, judgment of November 22, 2022 – L 13 AS 1610/22
principles
In the event of a provisional approval (§ 41a SGB II) of benefits to secure one's livelihood in accordance with SGB II in the scope of application of § 67 Para. 4 SGB II, the basic security provider is not prevented from granting the provisional benefit approval, at least during the ongoing approval phase according to § 48 SGB
Source: www.socialgerichtsabilities.de
1.2 – LSG Saxony-Anhalt, decision of. November 23, 2022 – L 4 AS 14/22 NZB
Guiding principle
The agreement to offset reimbursement of overpaid maintenance advance payments against ongoing maintenance advance payments represents a disposition of income by the recipient of the benefit. The legal principles in this regard have been decided by the highest court and have no fundamental significance (anymore).
Source: www.landesrecht.sachsen-anhalt.de
2. Decisions of the social courts on basic security according to (SGB II)
2.1 – SG Berlin, judgment of December 8, 2022 – S 123 AS 4416/21
Guiding principles
1. The promulgation of the Berlin SARS-Cov-2 Containment Ordinance in its version dated March 14, 2020 meets the legal and constitutional requirements for a proper emergency proclamation in accordance with Section 2 Paragraph 1 RVVerkG BE.
2. Those affected by the pandemic-related lockdown are not entitled to reimbursement of costs from the job center for measures carried out in violation of the regulations.
Source: www.socialgerichtsabilities.de
3. Decisions of the state social courts and social courts on social assistance (SGB XII)
3.1 – LSG Baden-Württemberg, judgment of November 30, 2022 – L 7 SO 1522/22
Social welfare provider does not pay for repairs for perforated ceiling
Guiding Principles
Only the accommodation needs that arise from the proper use of the accommodation are generally necessary for the person in need of assistance. The damage caused by improper handling of the rental property in breach of contract or the costs that may arise for its removal generally do not constitute a necessary accommodation requirement.
Source: www.socialgerichtsabilities.de
3.2 – LSG NRW, judgment of September 8, 2022 - L 9 SO 281/21 - Revision pending at BSG B 8 SO 21/22 R
Regarding the assumption of the actual KDU and heating due to the obsessive-compulsive disorder of the social welfare recipient, here affirmative
Editor's motto v.
Tacheles e. V. Here is the assumption of the actual costs of accommodation and heating due to the social welfare recipient's illness - additional needs due to disability - because she cannot rent another apartment because she is not able to do so due to her illness.
Orientation aid editor v.
Tacheles e. V. 1. An exception to the headboard principle is recognized if one of the people living in the apartment needs something that goes beyond the normal level due to a disability or need for care (BSG judgment of August 22, 2013 - B 14 AS 85/12 R). This presupposes that, depending on the circumstances of the individual case, actual expenses can be clearly assigned to the specific accommodation needs of a specific resident, for example due to disability or need for care (Judgment of the Senate of September 8th, 2022 - L 9 SO 403/20; LSG Niedersachsen-Bremen, judgment of May 23, 2018 – L 13 AS 59/16).
2. This is the case here, because the additional costs, which are only due to the plaintiff's inability to rent another apartment, can only be attributed to her as additional needs due to the disability.
Source: www.socialgerichtsabilities.de
4. Decisions on asylum law and AsylbLG
4.1 - Hessian State Social Court - Decision of December 20, 2022 - Ref.: L 4 AY 28/22 B ER and L 4 AY 29/22 B
Standards: Section 1a Paragraph 3 AsylbLG, Section 3 AsylbLG, Section 2 AsylbLG - Keywords: Hearing on violation of obligations to cooperate under immigration law, standard requirement level 1, Hessian State Social Court
Editor's motto v.
Tacheles e. V. The applicant's claim to standard needs level 1, taking into account the decision of the Federal Constitutional Court of October 19, 2022 - 1 BvL 3/21.
Source attorney Sven Adam
5. Miscellaneous information about Hartz IV, social assistance, asylum law, housing benefit law and other law books
5.1 - Every beginning (of studies) is difficult, comment from RA Helge Hildebrandt on SG Kiel, resolution of October 14, 2022, S 34 AS 64/22 ER
Students from less well-off parents can sing a song about it: when they start their studies, in addition to looking for an apartment, they have to secure their livelihood in a short period of time. The BAföG application is submitted, countless documents have to be obtained and presented to the BAföG office, many documents such as the study certificate are waiting and the BAföG office has already signaled processing times of 3 to 4 months. What now?
further: Sozialberatung-kiel.de
Author of the case law ticker: Editor of Tacheles Detlef Brock
Source: Tacheles case law ticker
