1. Decisions of the Federal Social Court on basic security according to (SGB II)
1.1 – BSG, judgment of 12/08/2022 – B 7/14 AS 25/21 R
Basic security for job seekers - joint institution - performance of tasks - responsibility - performance of individual tasks by the providers - transfer decision by the meeting of the job center's owners - administrative agreement - implementation of debt collection by the Federal Employment Agency - issuance of objection notices in one's own name
Orientation aid editor v.
Tacheles e. V. No objection notices are issued in one's own name by the Federal Employment Agency.
Source: www.socialgerichtsabilities.de
1.2 – BSG, judgment of September 27, 2022 – B 7/14 AS 59/21 R
Basic security for job seekers - Transitional ability to claim benefits - Inheritance - Income consideration and calculation - Combination of accident pensions with income from voluntary work - Income adjustment
Federal Social Court clarifies Hartz IV allowances for volunteer work
In addition to the increased allowance for voluntary work, Hartz IV recipients cannot claim additional allowances for a flat rate insurance allowance and vehicle insurance. The other tax deductions are already included in the increased allowance for income from voluntary work.
continue on www.evangelisch.de
Full text: www.socialgerichtsabilities.de
Note:
S.a. in addition: No additional deductions in addition to the Hartz IV allowance for volunteer work - by author: lawyer Sebastian Einbock
further: www.Experten-branchenbuch.de
2. Decisions of the state social courts on basic security according to (SGB II)
2.1 – LSG Saxony-Anhalt, judgment of July 15, 2022 – L 2 AS 344/21
Guiding principles
1. If it still appears possible, for example due to an application for a review, that the old-age pension that has already been granted with deductions at the request of the basic security provider could still be converted into a pension without deductions in favor of the beneficiary, there is an interest in legal protection for a lawsuit based on the request to apply for the pension early retirement pension.
2. The regulation on unfairness in Section 6 of the Unfairness Ordinance in the event of claiming the early old age pension and the expected need for help with basic security in old age and in the event of reduced earning capacity according to the fourth chapter of SGB XII only came into force and developed on January 1, 2017 no effect for the past (connection to BSG, judgment of June 24, 2020 - B 4 AS 12/20 R - juris RN 25).
Source: www.socialgerichtsabilities.de
2.2 – LSG Saxony-Anhalt, judgment of 02/09/2023 – L 4 AS 340/21
Guiding principles
1. The KdUH guideline of the city of Dessau-Roßlau, which applies from May 1, 2014, is based on a coherent concept for a two-person household based on the method and results report from March 2014 in the version of the recalculation in the weighting procedure, method report from October 2022.
2. In order to ensure the representativeness of the data collected for a KdUH concept, the (local) rental housing market must be realistically depicted. The data collection must be as similar as possible to the population in terms of its composition and the structure of the relevant characteristics.
3. A KdUH concept is not representative if institutional landlords are not represented in the rental value survey in accordance with their market share, but rather significantly disproportionately in relation to private landlords. This deficiency can be corrected by a weighted recalculation - differentiated according to net rents and operating costs - in which small private landlords on the one hand and large institutional landlords on the other, as well as subsidized housing (so-called social housing) are taken into account according to their actual share in the rental housing market.
4. Even if the “extrapolation” of the new contract rents in the concept is not (so far) comprehensible due to the lack of a reference value, this does not make the concept inconclusive. In order to ensure that the rental prices determined from the existing rents allow those receiving basic security to actually be able to rent living space at the stated prices, it is possible to check the results by comparing the advertised rents.
Source: www.socialgerichtsabilities.de
2.3 – LSG Saxony-Anhalt, decision of. 12/28/2022 – L 5 AS 549/22 B ER
Guiding principles
The additional requirement according to Section 21 Paragraph 4 Sentence 1 SGB II requires the provision of services as part of a structured, regular measure within the meaning of Section 21 Paragraph 4 Sentence 2 SGB II, which must be provided within an organizational framework. Pure mediation and advisory services (in this case statutory accident insurance) are not sufficient.
Source: www.socialgerichtsabilities.de
2.4 – LSG Saxony-Anhalt, judgment of 12/22/2022 – L 4 AS 293/15
Principles
1. The KdUH guidelines of the Anhalt-Bitterfeld district, which apply from April 1, 2012, are based on a coherent concept based on the 2012 rental value survey in the version of the correction report from October 2019 and the recalculation in the weighting procedure from December 3, 2021.
2. There are no objections to the three comparison areas created by the Anhalt-Bitterfeld district. The former middle centers of the district and current so-called central places, the cities of Bitterfeld-Wolfen, Köthen and Zerbst/Anhalt, are the supply cores in their catchment area for public services. With their catchment areas, they each represent homogeneous living spaces.
3. In order to ensure the representativeness of the data collected for a KdUH concept, the (local) rental housing market must be realistically depicted. The data collection must be as similar as possible to the population in terms of its composition and the structure of the relevant characteristics.
4. A KdUH concept is not representative if institutional landlords are not represented in the rental value survey in accordance with their market share, but rather significantly disproportionately in relation to the so-called small landlords, and if a separate evaluation of the rents by landlord type shows significant price differences in the net rents. It is methodologically implausible to mix a sample of small private landlords with an (approximately) complete survey of large landlords. This deficiency can be corrected by a weighted recalculation - differentiated according to net rents and operating costs - in which small private landlords on the one hand and large institutional landlords on the other are taken into account according to their share in the rental housing market.
Source: www.socialgerichtsabilities.de
2.5 – LSG Baden-Württemberg judgment of January 25, 2023, L 3 AS 3922/20
Guiding principles
1. An exclusion of benefits in accordance with Section 7 Paragraph 1 Sentence 2 SGB II can be granted in favor of a Union citizen in corresponding application of Section 11 Paragraph 1 Sentence 11 FreizügG/EU aFiVm Section 28 Paragraph 1 Sentence 1 No. 3 Residence Act and Art. 18 Paragraph 1 TFEU conflict with the existing substantive right of residence if it is unreasonable to exclude your minor child with Union citizenship who is entitled to freedom of movement, taking into account the fundamental rights guaranteed in Article 6 of the Basic Law and Article 8 of the ECHR, from the parenting benefits of one of his or her biological parents.
2. In individual cases, such circumstances may arise if the child with Union citizenship who is entitled to freedom of movement has completed the first year of life during the approval period and is still in the early childhood stage of development.
Source: lrbw.juris.de
3. Decisions of the social courts on basic security according to (SGB II)
3.1 – SG Trier, decision by. 02/24/2023 – S 4 AS 131/22 ER
Requirements for proof of significant assets (Section 67 Paragraph 2 SGB 2)
Principle
1. If, based on factual evidence, the existence of “significant assets” does not appear unlikely, the authority may, despite the applicant's declaration that such assets do not exist, clarify the facts of its own motion.
2. The official authority to investigate extends to all measures that the authority deems necessary at its best discretion. Therefore, in addition to information about accounts and credit balances, the presentation of the assets (VM) may also be required.
3. If it turns out during the investigation that significant assets have not yet been identified due to the assets that have become known, the job center may still request the asset attachment (VM) in order to complete the clarification of the matter. If the submission has been refused, a reversal of the burden of proof may be considered with regard to the presumption according to Section 67 Paragraph 2 Sentence 2 SGB 2.
Source: www.landesrecht.rlp.de
Note:
Likewise LSG Rhineland-Palatinate, decision of. 09/15/2022 – L 13 AS 151/22 B ER (nv)
4. Decisions of the state social courts on employment promotion law (SGB III)
4.1 – LSG Saxony-Anhalt, decision of. March 14, 2022 – L 2 AL 2/19
Guiding principles
Damage caused by delay is not insured as part of the insolvency benefit. This does not change if such compensation claims for late wage payments are agreed in the employment contract.
Source: www.socialgerichtsabilities.de
4.2 – LSG Baden-Württemberg judgment of January 25, 2023, L 3 AL 1521/22
Guiding principles
The Federal Employment Agency (BA) has no discretion when asking a person who, in its opinion, has reduced performance to apply for medical rehabilitation benefits in accordance with Section 145 Paragraph 2 SGB III, unlike health insurance companies (see Section 51 Paragraph 1 SGB V ).
After the BA has reinterpreted an application for medical rehabilitation benefits as an application for a pension by the statutory pension insurance provider, an insured person has no right to be granted a right to dispose of the BA with regard to the point in time at which his disability pension begins.
Source: lrbw.juris.de
5. Decisions of the state social courts and social courts on social assistance (SGB XII)
5.1 – LSG Baden-Württemberg, judgment of March 6, 2023 – L 7 SO 2466/22
Guiding principles
If the provisional nature of an approval of benefits has expired due to the passage of time (§ 44a Para. 6 Sentence 1 SGB
Source: www.socialgerichtsabilities.de
Author of the case law ticker: Editor of Tacheles Detlef Brock
Source: Tacheles case law ticker
