1. Decisions of the state social courts on basic income support under the German Social Code, Book II (SGB II)
1.1 – LSG Saxony-Anhalt, Judgment of 09.02.2023 – L 4 AS 164/19
Guiding Principles:
The KdUH guideline of the city of Dessau-Roßlau, applicable from 1 May 2014, based on the methods and results report from March 2014 in the version of the recalculation in the weighting procedure, methods report from October 2022, is based on a coherent concept for a single-person household.
To ensure the representativeness of the collected data for a housing cost allowance (KdUH) concept, the (local) rental housing market must be realistically represented. The data collection must be as similar as possible to the target population in its composition and in the structure of the relevant characteristics.
A housing cost (KdUH) concept is not representative if institutional landlords are not represented in the rent survey according to their market share, but rather significantly overrepresented compared to private landlords. This deficiency can be corrected by a weighted recalculation – differentiated by net rent 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 considered according to their actual share of the rental housing market.
Even though the "projection" of new rental contracts in the concept is (currently) not verifiable due to the lack of a reference value, this does not invalidate the concept. To ensure that the rental prices determined from existing rents allow recipients of basic income support to actually rent housing at the stated prices, a comparison with advertised rents is possible.
Source: www.socialgerichtsabilities.de
1.2 – LSG Saxony-Anhalt, Judgment of 21.12.2022 – L 5 AS 283/22 – Appeal allowed
Guidance note from the editor of Tacheles e. V.:
Regarding the question of whether the previous case law of the Federal Social Court (BSG) concerning the crediting of a utilities and heating cost statement against the actual housing and heating costs in the month of crediting should still be upheld after the amendment to Section 22 Paragraph 3 of the German Social Code, Book II (SGB II) effective August 1, 2016. This question still requires clarification, as Section 22 Paragraph 3 of the SGB II remains unchanged after the Twelfth Act Amending the Second Book of the German Social Code and Other Laws – Introduction of a Citizen's Income (Citizen's Income Act) – effective January 1, 2023. The answer here is no.
Guiding Principles:
The housing cost guidelines of the Salzlandkreis district, based on the December 2016 report and the evaluation of the February 2022 correction report, are based on a coherent concept. The Senate adheres to its established case law in this regard (Judgment of August 11, 2022, L 5 AS 592/21).
A credit balance from a utility bill must be applied to the costs of accommodation and heating in the month following its receipt (§ 22 para. 3 SGB II). 3. This credit is applied to the costs considered by the benefit provider in the following month. The case law of the Federal Social Court (judgment of December 12, 2013, B 14 AS 83/12 R) regarding the crediting of the credit balance to the actual costs of accommodation and heating is no longer applicable following the amendment of § 22 para. 3 SGB II as of August 1, 2016.
Source: www.socialgerichtsabilities.de
1.3 – Saxon State Social Court, Judgment of 14 February 2023 – L 4 AS 55/20
Guiding Principles:
The distribution of a one-time payment over six months pursuant to Section 11 Paragraph 3 Sentence 4 of the German Social Code, Book II (SGB II) also applies if this results in the complete elimination of the need for assistance during those months. The crediting period does not, in principle, end prematurely simply because the benefit period expires.
If, after the end of the approval period, the one-off income is no longer available due to consumption before the end of the crediting period and the person in need applies for benefits to secure their livelihood, the benefit provider has been required since 01.1.2017 to make a discretionary decision pursuant to Section 24 Paragraph 4 Sentence 2 of the German Social Code, Book II (SGB II), as to whether to provide the requested benefits as a loan or as a grant.
The consumption of a one-time payment is also considered premature within the meaning of Section 24 Paragraph 4 Sentence 2 of the German Social Code, Book II (SGB II), if the one-time payment is used in a "socially acceptable" manner. The intended use and all related circumstances must be taken into account in the discretionary considerations of the benefit provider.
The purchase of a vehicle and the associated costs for registration, liability insurance and vehicle tax do not usually serve to secure one's livelihood.
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 Detmold, judgment of March 27, 2023 – S 35 AS 856/19
Guiding Principles:
The indeterminate legal term of a self-occupied residential property of reasonable size pursuant to Section 12 Paragraph 3 Sentence 1 No. 4 of the German Social Code, Book II (SGB II), in the version applicable until December 31, 2022, is to be interpreted in the case of a one-person household in such a way that a reasonable size, and thus protected assets not to be taken into account, only exists if the total living space does not exceed a value of 99 m².
Existing living space that does not meet the requirements of building regulations is not to be taken into account when calculating the living space.
Headline:
Judgment | Basic income support for job seekers – consideration of income and assets – owner-occupied house – appropriate size – living space limit – Living Space Ordinance – eligibility of individual rooms – special hardship | Section 7 Paragraph 1 Sentence 1 No. 3, Section 9 Paragraph 1, Section 12 Paragraph 3 Sentence 1 No. 4 SGB II
Source: www.socialgerichtsabilities.de
3. Decisions of the State Social Courts and Social Courts on Social Assistance (SGB XII)
3.1 – LSG Saxony-Anhalt, Judgment of 23.02.2023 – L 8 SO 24/21
Guiding principle
: Even under the regulations on integration assistance in the German Social Code, Book XII (SGB XII), prior to the BTHG (Federal Participation Act) coming into force, there was no obligation for the person in need of assistance to accept inpatient integration assistance deemed suitable by the social welfare provider if a need for care assistance was proven (here: a move initiated by the social welfare provider against the advice of a public health officer from a nursing home to an integration assistance facility for a person in need of assistance with end-stage alcoholism).
Source: www.landesrecht.sachsen-anhalt.de
3.2 – SG Detmold, Judgment of 18.04.2023 – S 35 SO 138/22
Guiding Principles:
The authority must, in principle, guarantee to the benefit recipient that its processes are organized in such a way that a decision on an objection can be made within the three-month period stipulated in Section 88, Paragraph 1, Sentence 1, and Paragraph 2 of the Social Court Act (SGG). A sufficient reason for not deciding on an objection does not exist if the authority permanently suffers from insufficient material or personnel resources and timely processing is therefore impossible.
Heading:
Court Decision | Social Assistance – Action for Failure to Act – Requirements for the Existence of a Sufficient Reason for Not Deciding on an Objection – Insufficient Resources or Personnel – Staff Shortage | Section 88 Paragraph 1 Sentence 1, Paragraph 2 of the Social Court Act (SGG)
Source: www.socialgerichtsabilities.de
3.3 – SG Dortmund, Judgment of 25 January 2023 – S 43 SO 169/21
Guiding principle of the editor of Tacheles e. V.:
A social welfare recipient over 70 years old with care level 5 is not entitled to a tumble dryer.
Source: openjur.de
Note from the editor of Tacheles e. V.:
Since the person in need of assistance has an increased need for laundry (up to 5 washing machines daily on hot days – have the illness and increased laundry need certified by a doctor), I would apply to the social welfare office for additional electricity costs (§ 27a para. 4 no. 2 SGB XII), because an increased need for electricity can be medically justified in individual cases (cf. LSG NSB, judgment of 23.02.2011 – L 13 AS 90/08 – regarding the assumption of additional electricity costs in cases of compulsive washing).
4. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
4.1 – SG Hamburg, Judgment of 07.03.2023 – S 28 AY 53/17
Reduction of benefits under the Asylum Seekers' Benefits Act due to misrepresentation of identity
Guidance note by the editor of Tacheles e. V.:
Section 1a of the Asylum Seekers' Benefits Act (AsylbLG) does not raise any constitutional concerns. Reductions in benefits based on behavior are permissible under welfare law and, within the framework of proportionality, are also compatible with human dignity (see Hamburg State Social Court, judgment of August 3, 2016 – L 4 AY 1/14; see also Federal Social Court, decision of February 10, 2017 – B 7 AY 9/16 B).
Providing a false name or several different names is typically likely to prolong the length of stay in Germany (see Federal Social Court [BSG], judgment of June 17, 2008 – B 8 AY 9/07 R –). If the benefit recipient has deliberately misrepresented their identity in order to prolong their stay in Germany, the conditions for a reduction in benefits under Section 1a of the Asylum Seekers' Benefits Act (AsybLG) are met (see Higher Social Court [LSG] judgment of August 3, 2016 – L 4 AY 1/14).
Source: www.landesrecht-hamburg.de
4.2 – Social Court Magdeburg – Decision of 12 April 2023 – Case No.: S 25 AY 42/22 ER
Legal norms: Section 3 AsylbLG, Section 3a AsylbLG, Section 86b Paragraph 2 Sentence 2 SGG – Keywords: Standard benefit level 1, benefits according to Sections 3, 3a AsylbLG, Magdeburg Social Court
Guiding principle of the editor of Tacheles e. V.:
Even with basic benefits (§ 3a AsylbLG), standard benefit level 1 must be granted to single persons.
Source: anwaltskanzlei-adam.de
Note:
Similarly, Magdeburg Social Court – decision of April 13, 2023 – file number: S 25 AY 20/23 ER
Legal norms: Section 3 AsylbLG, Section 3a AsylbLG, Section 86b Paragraph 2 Sentence 2 SGG – Keywords: Standard benefit level 1, benefits according to Sections 3, 3a AsylbLG, Magdeburg Social Court
Continued with attorney Sven Adam
and
Stuttgart Social Court – Decision of April 13, 2023 – Case No.: S 11 AY 755/23 ER
Legal norms: Section 3 AsylbLG, Section 3a AsylbLG, Section 86b Paragraph 2 Sentence 2 SGG – Keywords: Standard benefit level 1, benefits according to Sections 3, 3a AsylbLG, Stuttgart Social Court
Continued with attorney Sven Adam
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
