1. Decisions of the Federal Social Court on social assistance (SGB XII)
1.1 – BSG, judgment of 12/08/2022 – B 8 SUN 11/20 R
Social assistance – Foreigners – Passport procurement costs
SGB XII subsidy for a new Turkish passport
Guiding principle of the editor of Tacheles e. V.:
If a foreign social welfare recipient lives in a residential facility, he is entitled to a subsidy for his new passport from his country of origin.
Source: www.socialgerichtsabilities.de
2. Decisions of the State Social Courts on basic income support under the German Social Code, Book II (SGB II)
2.1 – Lower Saxony-Bremen State Social Court, decision of 21 March 2023 – L 6 AS 90/23 B ER
Cash withdrawals; cash transactions; loans; energy costs; energy cost arrears; rent arrears; assumption of rent arrears; abuse; abusive; abusive behavior; debt; self-help; self-help options; self-help possibilities; socially unacceptable behavior
Official Guideline
1. When granting a loan to cover accrued rent arrears, even economically unreasonable and reprehensible behavior on the part of the person in need of assistance is generally disregarded. However, this does not apply in cases of abuse. This can be assumed if arrears for accommodation costs are caused at least conditionally intentionally, especially if arrears have repeatedly occurred in the past despite corresponding support and no willingness to help oneself is evident.
2. Abuse of funds, which would preclude the granting of a loan even considering the interests of two minor children, exists if, eleven and eight years respectively, prior to the accrual of rent arrears, two loans totaling more than €7,300 were already granted to cover energy debts. These loans are still being settled through ongoing offsetting, the instruction to the benefit provider to make direct payments to the landlord has been revoked, rent payments have been almost completely discontinued, resulting in rent arrears exceeding €9,600, several installment purchases of high-priced consumer goods have been made, and cash withdrawals significantly exceeding the rent arrears have been made, the purpose or recipient of which are not explained even upon court order.
Source: voris.wolterskluwer-online.de
2.2 – Lower Saxony-Bremen State Social Court, Judgment of April 20, 2023 – L 11 AS 221/22
Undisclosed assets lead to repayment claims by the job center
Guiding principle of the editor of Tacheles e. V.:
Failure to disclose capital life insurance policies can lead to substantial claims for reimbursement of basic social security benefits, which may even exceed the value of the insurance policies.
Source: landessocialgericht.niedersachsen.de
2.3 – Lower Saxony-Bremen State Social Court, Decision of 27 April 2023, – L 15 AS 48/23 B
Decision by order; requirement of an appeal; court order; social court proceedings; inadmissible request for an oral hearing
Official Headnote
1. A timely but inadmissible application for an oral hearing pursuant to Section 105 Paragraph 2 Sentence 2 of the Social Court Act (SGG) does not render the court order invalid (Section 105 Paragraph 3 Sentence 2 SGG). The Social Court must decide on such an application by order.
2. The requirement of a grievance also applies to an application for an oral hearing pursuant to Section 105 Paragraph 2 Sentence 2 of the Social Court Act (SGG). 3. An application for an oral hearing pursuant to Section 105 Paragraph 2 Sentence 2 of the Social Court Act (SGG) is inadmissible if the party is solely challenging the cost decision of the court order, which he considers incorrect.
Source: voris.wolterskluwer-online.de
3. Decisions of the State Social Courts on Employment Promotion Law (SGB III)
3.1 – LSG Bayern, judgment of 12/05/2022 – L 9 AL 136/21
Guiding Principles
: When deciding on the continued granting of the start-up subsidy pursuant to Section 94 Paragraph 2 of the German Social Code, Book III (SGB III), it must be examined whether the basic requirements for granting a start-up subsidy continue to be met. The decision to grant the start-up subsidy for a period of six months is not binding for the subsequent decision on its continuation. There is no obligation to obtain a new expert opinion.
Source: www.socialgerichtsabilities.de
3.2 – Saxon State Social Court, Judgment of 11 November 2021 – L 3 AL 70/17
Guiding principles:
A holiday pay payment leads to the suspension of the entitlement to unemployment benefits in full, even if the higher holiday entitlement is not only linked to the length of employment, but also covers the need for rest and recuperation in the context of special hardships that are directly related to the performance of work.
Source: www.socialgerichtsabilities.de
Note:
See also Saxon State Social Court, judgment of 11 November 2021 – L 3 AL 161/18
3.3 – Saxon State Social Court, Judgment of 31 March 2022 – L 3 AL 85/21
Guiding principles
1. On the question of whether there is a lack of necessary legal protection for a review procedure pursuant to Section 44 of the German Social Code, Book X, as long as an objection can still be lodged or an action brought against the decision submitted for review.
2. Section 142 paragraph 2 sentence 1 no. 1 of the German Social Code, Book III (SGB III) cannot be interpreted in such a way as to allow all unemployed persons who do not meet the requirements of Section 142 paragraph 1 of the SGB III to fall under the scope of application of the special regulation in Section 142 paragraph 2 of the SGB III, not only because of its clear and unambiguous wording but also because of its legislative history and the regulatory intention.
Source: www.socialgerichtsabilities.de
4. Decisions of the social courts on social assistance (SGB XII)
4.1 – Social Court Munich, decision of 26 April 2023 – S 48 SO 109/23 ER
Guiding principles:
The granting of basic parental assistance services pursuant to Section 78 Paragraph 3 of the German Social Code, Book IX (SGB IX) does not necessarily require the personal presence of the person entitled to benefits in every case (here: care and supervision of school-age children in the household during the mother's dialysis treatment; no priority claim against the youth welfare agency).
Source: www.socialgerichtsabilities.de
5. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
5.1 – Social Court Magdeburg – Decision of 08.05.2023 – File No.: S 25 AY 17/23 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
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: Attorney Sven Adam
Note:
See also, for example, SG Stuttgart – decision of 19.04.2023 – file number: S 11 AY 526/23 ER
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
