1. Decisions of the state social courts on basic income support under the German Social Code, Book II (SGB II) – Citizen's Allowance
1.1 – LSG Hamburg, Judgment of 14.11.2024 – L 4 AS 72/24 –
Conditions for the reimbursement of costs by the basic income support provider responsible for the location of the women's shelter visited, against the provider responsible for the previous place of residence of the asylum seeker
Note by Detlef Brock:
The receiving municipality should be exempt from all costs for which the municipality of origin would have been responsible if the habitual residence had not been terminated by the flight to the women's shelter (BSG, judgment of 23.05.2012 – B 14 AS 156/11 R).
For example, as in the present case, applications are regularly submitted for reimbursement of costs for the initial furnishing of an apartment by women residing in a women's shelter. The local jurisdiction for this initial furnishing claim is determined by the beneficiary's place of residence at the time of application (i.e., in the women's shelter), not by the location of the apartment. This results in a right to reimbursement.
Guiding principle (juris):
A claim for reimbursement of costs pursuant to Section 36a SGB II does not exist if the beneficiary had not yet taken up actual residence at her previous place of residence before being admitted to the women's shelter.
The prerequisite is the actual use of the rented apartment; the mere rental is not sufficient for the assumption of habitual residence.
Practical tip:
LSG Hamburg, judgment of 14 November 2024 – L 4 AS 198/24 WA P –
Obligation of the basic income support provider to reimburse the costs of admitting a refugee to a women's shelter due to a dangerous situation.
1.2 – LSG Baden-Württemberg, Judgment of 25.06.2025 – L 3 AS 828/25 –
There is no entitlement to a blanket guarantee of accommodation cost coverage by the job center
The plaintiff demanded an assurance from the job center that the costs for a hotel, guesthouse, holiday apartment or a larger apartment would be covered in the future so that she could live with her two children.
Note by Detlef Brock:
The subject of a guarantee is always the assumption of costs for a specific accommodation in a specific amount. There is no entitlement to a blanket guarantee for "any" suitable accommodation.
Practical tip: The 2nd Senate of the Baden-Württemberg State Social Court (LSG) also ruled similarly:
LSG BW – Case No. L 2 AS 1659/25 ER-B –
Published in the Tacheles case law ticker, week 30/2025.
1.3 – LSG Mecklenburg-Vorpommern, decision of 22.07.2025 – L 10 AS 77/25 B ER –
Loan-based assumption of rent arrears despite unreasonable accommodation costs during the waiting period
Principle (juris):
Loans may be granted in accordance with Section 22 Paragraph 8 of the German Social Code, Book II (SGB II), even in cases of unreasonably high accommodation costs, in accordance with municipal guidelines.
Note by Detlef Brock:
The job center must also cover rent arrears during the waiting period, even if the housing costs are unreasonably high (see also LSG Berlin-Brandenburg, decision of 19.06.2023 – L 18 AS 512/23 B ER –).
2. Decisions of the social courts regarding the German Social Code, Book II (SGB II) / Citizen's Allowance
(no entries)
3. Decisions of the State Social Courts on Employment Promotion Law (SGB III)
3.1 – LSG Hessen, Judgment of 13.06.2025 – L 7 AL 73/23 –
Guiding principles (source: www.sozialgerichtsbarkeit.de):
The blocking effect of an initial insolvency event continues in subsequent insolvency proceedings if the insolvency plan is under ongoing monitoring, even if the monitoring is limited to the distribution of the quota by the trustee. No new entitlement to insolvency benefits arises.
3.2 – LSG Potsdam, Judgment of 29.04.2025 – L 14 AL 93/22 –
Appeal pending before the Federal Social Court – Case No. B 11 AL 3/25 R
Note by Detlef Brock:
The provision of Section 10 Paragraph 1 of the German Act on Part-Time Work for Old Age (AltTZG) applies to all cases of old-age pensions. This also corresponds to the case law of the Federal Social Court (BSG) (judgment of December 15, 2005 – B 7a AL 30/05 R) with reference to Parliamentary Document 13/4877, pp. 29 et seq.
Principle (juris):
Section 10 Paragraph 1 Sentence 2 of the Old-Age and Survivors Act (AltTZG) does not violate either Article 3 Paragraph 1 of the Basic Law (GG) or Article 3 Paragraph 3 Sentence 2 of the Basic Law (GG).
(Following LSG NRW, judgment of 26.09.2024 – L 9 AL 5/23 –)
Practical tip:
See also BSG, judgment of 22.09.2022 – B 11 AL 31/21 R –
4. Decisions of the State Social Courts on Social Assistance (SGB XII)
4.1 – LSG North Rhine-Westphalia, Judgment of 30 January 2025 – L 9 SO 298/23 –
No entitlement to a clothing allowance of €300.00
Note by Detlef Brock:
Without health reasons, there is no entitlement to a clothing allowance pursuant to Section 27a Paragraph 4 of the German Social Code, Book XII (SGB XII) or to initial outfitting pursuant to Section 31 Paragraph 1 Number 2 of the German Social Code, Book XII (SGB XII). The costs for clothing are covered by the standard allowance.
5. Decisions on asylum law and the Asylum Seekers' Benefits Act (AsylbLG)
5.1 – SG Speyer, decision of 21.07.2025 – S 15 AY 81/25 ER
Exclusion from benefits under Section 1 Paragraph 4 of the Asylum Seekers' Benefits Act – constitutional concerns
Note by Detlef Brock:
The exclusion of claims pursuant to Section 1 Paragraph 4 Sentence 1 No. 2 AsylbLG (version as of October 31, 2024) violates the fundamental right to a guaranteed minimum standard of living in a dignified manner (Article 1 Paragraph 1 GG in conjunction with Article 20 Paragraph 1 GG).
Source: Attorney Sven Adam
5.2 – Social Court Halle – Judgment of 18 July 2025 – File No.: S 17 AY 11/25
Legal norms: Section 88 Paragraph 2 of the
Social Court Act (SGG) Keywords: Action for failure to act, inaction of the issuing authority, no devolutive effect before referral to the appeals authority, no sufficient grounds within the meaning of Section 88 of the Social Court Act (SGG), court order, Burgenland district, Social Court Halle
Source: Attorney Sven Adam
5.3 – Hessian State Social Court – Decision of 22 July 2025 – Case No.: L 4 AY 9/25 B ER
Legal norms: Section 199 Paragraph 2 of the Social Court Act (SGG), Section 86b Paragraph 1 Sentence 4 of the Social Court Act (SGG)
Keywords: No suspension of enforcement, granting of suspensive effect to an objection, power to amend only at the main court, balancing of interests, guarantee of a dignified minimum standard of living, Fulda district, Hessian State Social Court
Source: Attorney Sven Adam
5.4 – Social Court Karlsruhe – Decision of 23 July 2025 – File No.: S 12 AY 1244/25
Legal norms: Section 88 SGG, Section 193 SGG
Keywords: Action for failure to act, cost decision, burden of costs in case of inaction by the authority, administrative procedures, sufficient grounds, notification to the appellant, City of Pforzheim
Source: Attorney Sven Adam
5.5 – Stuttgart Social Court – Decision of July 25, 2025 – Case No.: S 9 AY 3092/25 ER
Legal provisions: Section 3 Asylum Seekers' Benefits Act (AsylbLG), Section 3a AsylbLG, Section 86b Paragraph 2 Sentence 2 Social Court Act (SGG)
Keywords: Standard benefit level 1, Standard benefit level 2, Benefits according to Section 3 and Section 3a AsylbLG, City of Stuttgart
Note by Detlef Brock:
The authority takes the view that there is no legal basis for classification in standard benefit level 1.
The court, however, considers an entitlement to standard benefit level 1 to be already given on the basis of the decision of the Federal Constitutional Court of 19 October 2022 (Case No. 1 BvL 3/21).
5.6 – Social Court Kassel – Decision of 24 July 2025 – Case No.: S 6 AY 7/25 ER
Legal provisions: Section 1 Paragraph 4 AsylbLG, Section 44 SGB X
Keywords: Exclusion from benefits pursuant to Section 1 Paragraph 4 AsylbLG, review procedure, European law, State of Hesse, Gießen Regional Council
Note by Detlef Brock:
If a review procedure pursuant to Section 44 of the German Social Code, Book X (SGB X) is pending and the conditions for the revocation of the legally binding administrative act are clearly met, the decision is obviously unlawful.
A provisional grant of benefits pursuant to Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) must be ordered to the extent provided for by law – from the date the application is received by the court until a legally binding decision is reached on the review application, but no later than the date of departure from the Federal Republic of Germany.
Source: Attorney Sven Adam
Legal tip: See also
SG Gießen – decision of 17.07.2025 – file number: S 30 AY 63/25 ER
6. Miscellaneous information on citizen's income, social assistance, housing allowance, etc.
6.1 – ECJ: Member States must guarantee the basic needs of asylum seekers
A sudden mass influx does not justify inhumane accommodation and care.
Judgment of the ECJ of 1 August 2025 – C-97/24
Such a violation can give rise to liability for damages, including towards German authorities.
Source: beck-online.de
Important note regarding citation style:
Unpublished judgments, annotations, or case reviews may only be cited with source attribution:
Source: Tacheles Case Law Ticker Week XX/2025 – Author: Detlef Brock
Please cite the following source for newsletter subscriptions:
Thomé Newsletter 12/2025 dated April 6, 2025 – Author: Harald Thomé
Published under Creative Commons license – CC-BY-SA 3.0.
Quotations without source attribution are copyright infringement.
Author of the case law ticker: Tacheles editor Detlef Brock.
Source: Tacheles case law ticker
