1. Decisions of the Federal Social Court on basic income support under the (SGB II)
1.1 – BSG, judgment of June 6, 2023 – B 4 AS 86/21 R
Basic income support for job seekers – Exclusion from SGB II benefits as a trainee – Termination of training – Cancellation and repayment of BAföG (Federal Training Assistance Act) – Effect of the application
Guidance from the editor of Tacheles e. V.
1. The application for benefits required under § 37 SGB II has been submitted.
2. For the application of Section 28 of the German Social Code, Book X (SGB X), it is sufficient that the benefits initially applied for and now to be reimbursed under the Federal Training Assistance Act (BAföG) and the (for the time being) not applied for unemployment benefit II are in an exclusive relationship according to their respective factual prerequisites, and that the plaintiff has therefore initially only claimed the benefits under the Federal Training Assistance Act (BAföG).
Now for the full text: www.rechtsprechung-im-internet.de
2. Decisions of the State Social Courts on basic income support under the German Social Code, Book II (SGB II)
2.1 – Hamburg Higher Social Court, decision of 4 July 2023 – L 4 AS 161/23 B ER D
Exclusion of the granting of a loan by the basic income support provider to cover debts of the basic income support recipient – claim for damages
Guiding principle
1. To cover an unavoidable need, a loan may be granted to a person entitled to basic income support pursuant to Section 24 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II). A concrete need is a prerequisite. Debts do not qualify as such a need. (Paragraph 9)
2. It follows that there is no entitlement to a loan to restore the liquidity of the person entitled to basic income support. (Paragraph 11)
3. If a person entitled to basic income support asserts a claim for damages against the basic income support provider due to the refusal of the requested loan, the ordinary courts have jurisdiction pursuant to Section 17 Paragraph 2 of the Courts Constitution Act (GVG) and Article 34 of the Basic Law (GG). (Paragraph 13)
Source: www.landesrecht-hamburg.de
2.2 – LSG Hamburg, judgment of June 30, 2023 – L 4 AS 132/22 D
The costs of a court-ordered payment and eviction lawsuit are not considered part of the accommodation needs according to § 22 SGB II
Principle
1. The costs of proceedings before a local court concerning a payment and eviction action brought by the landlord of a person entitled to basic income support are not considered part of the accommodation needs within the meaning of Section 22 of the German Social Code, Book II (SGB II). (Paragraph 28)
2. Their costs are also not eligible as an ancillary benefit to the benefits under Section 22 Paragraph 1 of the German Social Code, Book II (SGB II). (Paragraph 29)
3. If an incorrect method of rent payment chosen by the benefit provider was not the cause of the local court proceedings, then the basic income support provider is likewise precluded from covering the costs of those proceedings. (Paragraph 31)
Source: www.landesrecht-hamburg.de
3. Decisions of the social courts on basic income support under the German Social Code, Book II (SGB II)
3.1 – SG Neuruppin, judgment of September 29, 2023 – S 26 AS 823/22
Citizen's allowance: Cable fees are not covered as accommodation costs under Section 22 Paragraph 1 or as additional needs under Section 21 Paragraph 6 of the German Social Code, Book II (SGB II)
Guiding principle of the editor of Tacheles e. V.:
1. No entitlement to reimbursement of cable network usage costs on the basis of Section 22 Paragraph 1 of the German Social Code, Book II (SGB II), nor as a hardship allowance pursuant to Section 21 Paragraph 6 of the German Social Code, Book II (SGB II) in the case of a voluntary agreement with the network operator.
2. If a person entitled to benefits voluntarily enters into a contractual agreement with their cable network operator regarding the provision of cable television, they must bear the resulting costs, which serve to satisfy their information and entertainment needs, from their standard allowance as defined in Section 20 Paragraph 1 of the German Social Code, Book II (SGB II).
Guidance note from the editor of Tacheles e. V.: If
the beneficiary voluntarily assumes the costs, for example to obtain a certain higher standard, these are not considered housing costs within the meaning of Section 22 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II). Only expenses that are legally and factually linked to the accommodation are to be provided as benefits within the meaning of Section 22 Paragraph 1 Sentence 1 of the SGB II (based on the ruling of the Higher Social Court of North Rhine-Westphalia of February 8, 2019 – L 21 AS 1881/18 – Tacheles Case Law Ticker Week 24/2019 ).
Source: gerichtsverkauf.brandenburg.de
Worth reading:
Commentary by attorney Helge Hildebrandt on the Schleswig-Holstein Higher Social Court ruling of November 14, 2014 – L 3 AS 134/12 – Job center does not have to cover cable fees
More information: sozialberatung-kiel.de
4. Decisions of the State Social Courts on the Child Supplement
4.1 – LSG Hamburg, judgment of June 22, 2023 – L 4 BK 1/23 D
Requirements for the granting of child supplement – social law restitution claim
Guiding principle
1. According to Section 6a Paragraph 1 Sentence 1 of the Federal Child Benefit Act (BKGG), persons can only receive child supplement for their children living in their household. For all other periods prior to the application date, the granting of child supplement is excluded in accordance with Section 6 Paragraph 7 of the BKGG. (Paragraph 10)
2. If there is no indication that the application was submitted late due to circumstances attributable to the benefit provider, the child supplement cannot be granted by way of a claim for restitution under social law. (Paragraph 21)
Source: www.landesrecht-hamburg.de
5. Decisions of the State Social Courts and Social Courts on Social Assistance (SGB XII)
5.1 – LSG NRW, Judgment of 15 December 2022 – L 9 SO 240/21 – Appeal pending before BSG – B 8 SO 3/23 R
Entitlement to integration assistance benefits under the German Social Code, Book XII (SGB XII) – Requirements for the reimbursement of travel expenses for a disabled student attending primary school
Social assistance: Disabled student is entitled to reimbursement of taxi costs for journeys to school
Guiding principle of the editor of Tacheles e. V.:
1. A disabled student who is unable to manage her own journey to school cannot reasonably be expected to be driven to school by her parents in a car in order to attend a secondary school.
2. A claim for reimbursement of taxi fares would only be precluded if the parents' refusal to transport the plaintiff were an abuse of rights (Federal Social Court judgment of February 27, 2020 – B 8 SO 18/18 R). This would be the case, for example, if they were going to the school anyway to transport siblings, but this is not the case here.
Source: www.socialgerichtsabilities.de
6. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
6.1 – LSG Baden-Württemberg, decision of 04.04.2023 – L 7 AY 335/23 ER-B
Reduced benefits according to § 1a para. 2 AsylbLG
Guidance note by the editor of Tacheles e. V.
1. If, upon entry via a safe third country, additional indications arise from the special circumstances of the entry (such as a longer stay in the safe third country) or from reasons relating to the person entering (such as entry with little or no personal funds) that point to an intention to abuse the benefits system, it can, however, be concluded that the use of benefits under the Asylum Seekers' Benefits Act (AsylbLG) was particularly significant and thus decisive for the entry.
2. That is the case here.
3. The Senate is not convinced of the unconstitutionality of Section 1a Paragraph 2 of the Asylum Seekers' Benefits Act.
4. However, benefits pursuant to Section 1a Paragraph 1 Sentences 2 and 3 of the Asylum Seekers' Benefits Act (AsylbLG) are payable to the applicant who lives in communal accommodation on the basis of the standard benefit level 1.
Source: www.socialgerichtsabilities.de
6.2 – Social Court Kassel – Decision of 18 September 2023 – Case No.: S 12 AY 32/22
Legal norms: Sections 73a of the Social Courts Act (SGG), 114 of the Code of Civil Procedure (ZPO) – Keywords: Suspension of proceedings does not preclude the granting of legal aid, Kassel Social Court
6.2.1 Social Court Hildesheim – Decision of 25.09.2023 – File No.: S 27 AY 100/23
Legal norms: Section 88 SGG, Section 193 SGG – Keywords: Cost allocation following an action for failure to act, Hildesheim Social Court
6.2 2 Social Court Heilbronn – Decision of 25.09.2023 – File No.: S 16 AY 1786/23
Legal norms: Section 88 SGG, Section 193 SGG – Keywords: Cost allocation after an action for failure to act, No deferral of an objection due to an unresolved legal question
Source of the 3 decisions: Attorney Sven Adam
7. Miscellaneous information on citizen's income, social assistance, asylum law, housing benefit law and other legal codes
7.1 – Citizen's income: Inheritances will no longer be counted as income
more at RA Helge Hildebrandt
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
