1. Decisions of the Federal Social Court on employment promotion under the German Social Code, Book III (SGB III)
1.1 – BSG, judgment of December 17, 2024 – B 11 AL 10/23 R – www.socialgerichtsabilities.de
Unemployment insurance – entitlement to unemployment benefits – qualifying period – compulsory insurance relationship for prisoners – days off work
Federal Social Court: Federal Social Court strengthens unemployment benefit entitlement for prisoners – prison work also insured on non-working days
Unemployment benefits: Days off work while in prison count towards the qualifying period (Tacheles e. V.)
Detlef Brock states – Guiding Principle
1: Prisoners can accrue qualifying periods for unemployment benefits during their incarceration through paid work. This includes days off work, sick days, or other days without pay.
2. However, this is conditional on them falling within a continuous work period and not exceeding four weeks each.
3. Taking into account the specific characteristics of prisoners' employment, a continuous work period is assumed to exist as long as the prisoner is assigned a specific job by the correctional authority. When this job ends, the continuous work period also ends.
2. Decisions of the State Social Courts on basic income support under the German Social Code, Book II (SGB II) / Citizen's Allowance
2.1 – LSG Saxony-Anhalt, Decision of 31.03.2025 – L 2 AS 47/25 B ER – www.sozialgerichtsbarkeit.de
Citizen's income: Regarding the granting of benefits to a minor EU foreign national who is herself a mother of children (affirmed here)
Principle www.sozialgerichtsbarkeit.de
1. If, after ordering the suspensive effect of an objection, the authority issues an amended decision which becomes the subject of this objection procedure pursuant to Section 86 of the Social Courts Act (SGG), the suspensive effect continues.
2. If the job center revokes the benefit award to a minor EU foreign national who is herself a mother of children because she only has a right of residence for the purpose of seeking employment, it must take into account, within the scope of its discretionary powers, that the minor may not decide on her own residence without the consent of her parents and, due to official guardianship, may not decide on the residence of her children without the consent of the youth welfare office.
2.2 – Citizen's Allowance: In principle, the protective purpose of the allowance ceases to apply if the recipient moves within the waiting period
Landmark decision: Supreme Court ruling on basic income support under the German Social Code, Book II (SGB II) for recipients of citizen's allowance when moving during the waiting period.
In principle, the protective purpose of the waiting period ceases to apply if a move occurs within the waiting period
1. Citizens receiving citizen's allowance cannot rent just any apartment of any size and price during the waiting period in order to claim these costs as a need from the job center.
2. If recipients of citizen's allowance move to an even more expensive apartment during the waiting period, despite being aware of their inadequate rental accommodation, and without having applied for an assurance from the job center, the job center will only pay citizen's allowance recipients the reasonable accommodation costs.
3. Due to the necessity of the move, which should be affirmed here, the consideration of the previous actual need for housing and utilities pursuant to Section 22 Paragraph 1 Sentence 6 of the German Social Code, Book II (SGB II) is not applicable, contrary to the submissions of the person in need of assistance.
4. Moreover, this regulation (§ 22 para. 1 sentence 6 SGB II – If the expenses for accommodation and heating increase after a move that was not necessary, only the previous need is recognized) only applies if a benefit recipient moves from a cost-appropriate apartment to one that is still generally appropriate but more expensive (cf. also regarding the identical predecessor provision of § 22 para. 1 sentence 2 SGB II: BSG, judgment of February 17, 2016 – B 4 AS 12/15 R -).
Conclusion:
However, anyone who creates facts and, knowing the costs are too high, nevertheless rents an apartment that is too expensive, cannot therefore claim that they might lose this new apartment if the job center does not cover the costs in full.
The consequences of such behavior are generally borne not by the general public, but by the person affected.
Such is the harsh reality of a recent Supreme Court ruling regarding accommodation costs for recipients of citizen's benefits.
3. Decisions of the social courts on citizen's income (SGB II)
3.1 – SG Halle, Judgment of March 12, 2025 – S 18 AS 951/23 –
Citizen's income: The job center must pay for a 15-year-old schoolgirl's notebook, costing €249
Notebook for students as a need under the German Social Code, Book II (SGB II) (citizen's allowance) – subsidy from the job center as an additional need according to § 21 para. 6 SGB II
Detlef Brock
1. In its landmark decision (judgment of March 12, 2025 – S 18 AS 951/23 -), the Social Court of Halle announces that the job center must cover the costs of the purchase of a notebook for school use by the 15-year-old plaintiff in the amount of EUR 249.00 as a subsidy (and not only as a loan) within the framework of the citizen's allowance.
2. The court found that the conditions for an additional need were met. This was because the school's general conference had decided to introduce a standardized notebook for all students from grade 8 onwards.
3. Granting a loan is not possible due to the nature of the need, because for the relevant age group of young people from the beginning of their 15th year until the completion of their 18th year, the still current income and expenditure survey from 2018 shows no need for such devices without any comprehensible reason.
4. The job center therefore cannot refer the plaintiff to saving the required amount.
Source: sg-hal.sachsen-anhalt.de
4. Decisions of the State Social Courts on Employment Promotion Law
4.1 – Social Court Mainz, Judgment of March 27, 2025 – S 15 AL 161/22 – www.sozialgerichtsbarkekit.de
Entitlement to insolvency pay even when receiving maternity pay
A claim to maternity protection pay during a medically certified employment ban constitutes remuneration within the meaning of Section 165 Paragraph 1 of the German Social Code, Book III (SGB III) and therefore expressly entitles the holder to insolvency pay.
5. Decisions of the State Social Courts and Social Courts on Social Assistance (SGB XII)
5.1 – SG Dortmund, judgment of 04/24/2024 – S 43 SO 405/23 –
Social assistance: An increased pension payment only at the end of the month reduces social assistance income – Section 48 Paragraph 1 SGB X
Principle SG Dortmund
1. On the existence of a significant change in the granting of basic income support for the elderly and the increase in pension income in July.
2. When calculating ongoing benefits, the income for the entire month must be taken into account, including increased pension income received at the end of the month.
5.2 – Social Court Landshut, Judgment of March 14, 2025 – S 10 SO 48/23 – www.sozialgerichtsbarkeit.de
Integration assistance: A severely disabled person is entitled to reimbursement of his costs for the conversion of his VW T7 Multivan to be suitable for his disability within the framework of integration assistance
Integration assistance: Authority must pay €18,700 for the conversion of a disabled person's vehicle
Landmark ruling for all severely disabled persons regarding the reimbursement of costs for disability-related additional equipment for a motor vehicle within the framework of integration assistance, as the calculation is not dependent on income and assets (§ 7 KfzHV).
Detlef Brock – Guiding principle
1. The legal basis for the claim for reimbursement of costs is Section 18 Paragraph 6 Sentence 1 Alternative 2 of the German Social Code, Book IX (SGB IX).
2. The legal basis for the requested reimbursement of costs for the conversion of the plaintiff's car to be suitable for disabled persons is Section 113 Paragraph 1, 2 No. 7, Paragraph 3, 114 SGB IX in conjunction with Section 83 Paragraph 1 No. 2, Paragraph 2, 3 Sentence 1 No. 2 SGB IX.
3. The conversion to be suitable for people with disabilities is a social participation benefit in the form of mobility benefits (§ 113 para. 2 no. 7 SGB IX).
4. The costs for the conversion to make the vehicle accessible for people with disabilities are to be fully covered by the authority. Income and assets are not taken into account (Section 83 Paragraph 3 Sentence 2 of the German Social Code, Book IX, stipulates that the calculation of mobility benefits is based on the German Motor Vehicle Benefits Ordinance (KfzHV) - Section 7 KfzHV).
6. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
6.1 – SG Karlsruhe, Judgment of 06.05.2025 – S 12 AY 295/23 –
Regarding the conviction of an intervening authority in asylum seeker benefits law according to the principles of the social law restitution claim
Principle www.sozialgerichtsbarkeit.de
1. Due to Section 6b of the Asylum Seekers' Benefits Act (AsylbLG), the social law claim for restitution applies insofar as the locally incompetent authority fails to forward an asylum seeker's benefit case to the locally competent authority pursuant to Section 10a of the Asylum Seekers' Benefits Act (AsylbLG) in accordance with Section 16 Paragraph 2 of the Social Code, Book I (SGB I), and the latter can only grant the asylum seeker subsistence-securing benefits with a delay and retroactively due to lack of knowledge of the benefit case.
2. Due to the subsidiary nature of the conviction of the interveners, a judgment ordering a decision pursuant to Section 88 Paragraph 1 of the Social Court Act (SGG) in conjunction with Section 75 Paragraph 5 of the Social Court Act (SGG) can only be issued if the court simultaneously dismisses an action for failure to act brought by the plaintiff against the defendant.
3. A change in the legal proceedings against the intervener pursuant to Section 75 Paragraph 5 of the Social Court Act (SGG) is not permissible by analogy to Section 99 of the Social Court Act (SGG).
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