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 26.06.2025 – L 4 AS 135/20
The job center will not cover the costs of a Schufa credit report
Note by Detlef Brock:
1. The job center will not cover the costs of a Schufa credit report for the purpose of renting a new apartment.
2. Such costs are covered by the standard allowance.
3. Recipients of benefits under the German Social Code, Book II (SGB II), should be informed that Schufa is obligated to provide one free self-disclosure report per year.
Source: www.landesrecht-hamburg.de
1.2 – LSG North Rhine-Westphalia, decision of 29.07.2025 – L 21 AS 650/25 B ER
A Romanian applicant is not entitled to citizen's allowance if she does not have a continuing right of residence
Comment by Detlef Brock
: 1. No citizen's allowance for a Romanian applicant, even though she had been registered in Germany for 20 years with interruptions, but traveled to Romania for a period between 2020 and 2024 and subsequently returned.
2. There is no entitlement under Section 7 Paragraph 1 Sentence 4 of the German Social Code, Book II (SGB II).
3. The exception to the exclusions from benefits pursuant to Section 7 Paragraph 1 Sentence 2 No. 2 of the German Social Code, Book II (SGB II) no longer applies if the interruptions of permanent residence are not merely insignificant (Federal Social Court, Judgment of September 11, 2024 – B 4 AS 12/23 R). An absence of even three months is considered significant (cf. Higher Social Court of North Rhine-Westphalia, Judgment of January 11, 2024 – L 19 AS 1849/21).
Source: www.socialgerichtsabilities.de
Legal tip:
According to the current opinion of the Federal Social Court (BSG, judgment of 23.09.2025 – B 4 AS 8/24 R, only a report of the hearing), the residence of an EU citizen requires a prognosis about the duration of his stay.
1.3 – LSG North Rhine-Westphalia, decision of 26.08.2025 – L 7 AS 706/25 B ER
Job centers are not required to cover higher rental costs for "derelict properties"
Note by Detlef Brock:
1. Job centers are not obligated to cover higher ongoing rent costs if the benefit recipient's apartment is not worth preserving and there are significant doubts as to whether a further rent obligation arises (§ 535 para. 2 of the German Civil Code).
2. An apartment is not worth preserving if it does not meet basic housing needs (e.g., no functioning heating, water damage, only cold water in the kitchen) or if children are inadequately provided with living space.
3. Assuming rent arrears was not justified because the apartment was not worth preserving.
Source: www.socialgerichtsabilities.de
Note from Detlef Brock:
Rent cap for derelict properties.
Social Minister Bas wants to cap rent costs for recipients of citizen's benefits who live in derelict properties in order to prevent rent gouging.
Source: www.n-tv.de
1.4 – LSG Bayern, Judgment of 15.02.2024 – L 16 AS 451/22
A lawful set-off order by the job center requires a set-off situation (§ 387 BGB)
Note by Detlef Brock:
A set-off decision by the job center must be revoked if the counterclaim (reimbursement claim) is not legally binding and no provisional enforcement has been ordered.
Guiding Principles
1. Section 48 of the German Social Code, Book X (SGB X) is also applicable to initially unlawful continuing administrative acts if the circumstances subsequently change.
2. A lawful set-off order requires a set-off situation (Section 387 of the German Civil Code (BGB)). This only exists if the counterclaim has become legally binding or has been declared immediately enforceable.
Source: www.socialgerichtsabilities.de
1.5 – LSG Bayern, Judgment of 27.11.2024 – L 11 AS 232/22
Attachable contributions that are not paid out to the insolvency administrator are not considered income (§ 11 SGB II)
Guiding principle:
During debt discharge proceedings pursuant to Section 287 Paragraph 2 of the German Insolvency Code (InsO), attachable amounts assigned to the trustee are not income within the meaning of Section 11 of the German Social Code, Book II (SGB II), as no readily available funds are present.
Source: www.socialgerichtsabilities.de
1.6 – LSG Lower Saxony-Bremen, Judgments of 25.08.2025 – L 11 AS 431/22 et al.
Fixed rent limits set by the job centers for Hanover confirmed
Comment by Detlef Brock:
1. The Lower Saxony State Social Court (LSG NSB) upheld the rent ceilings for the city of Hanover and overturned lower court rulings.
2. The concept is based on representative data from a qualified rent index; the limits of what is considered reasonable were permissibly set at the highest value of the lower third of the respective apartment size category.
3. The court found that sufficient adequate housing was available.
Source: LSG Lower Saxony-Bremen – Press release
2. Decisions of the social courts regarding the German Social Code, Book II (SGB II) / Citizen's Allowance
2.1 – SG Aurich, decision of 23.09.2025 – S 55 AS 99/25 ER
Attorney Niklas Sander comments on a decision of the Social Court of Aurich dated 23.09.2025 – S 55 AS 99/25 ER.
The court states:
If the job center sets unrealistic housing costs values and this is credibly demonstrated in expedited proceedings, higher appropriateness values according to the Housing Benefit Act (WoGG) can also be taken into account in expedited proceedings.
The calculation must be performed in the order "table value + climate component + 10% safety margin".
Source: Attorney Niklas Sander on anwalt.de
Legal tip:
See SG Landshut, decision of 16.07.2024 – S 7 AS 166/24 ER;
SG Stralsund, decision of 09.09.2025 – S 5 SO 58/25 ER.
3. Decisions of the State Social Courts on Employment Promotion Law (SGB III)
No decisions have been announced.
4. Decisions of the State Social Courts on Social Assistance (SGB XII)
4.1 – LSG Hessen, Judgment of 27.08.2025 – L 4 SO 38/25
The costs of an eviction lawsuit must be borne by the social assistance recipient himself if the authority has fully covered the rent
Note by Detlef Brock
: 1. This applies at least if the municipality is not responsible for the termination of the tenancy.
2. Costs of the eviction lawsuit are only to be covered if the eviction is due to partially or late payment of rent.
3. No reimbursement if the applicant has already paid the costs before submitting the application.
Source: Beck RSW – Report
Practical tip:
Published in the Tacheles case law ticker, week 36/2025.
4.2 – LSG Baden-Württemberg, decision of 24.07.2025 – L 2 SO 1152/25
Therapy tandem with electric assistance as a service for participation
Note by Detlef Brock
: 1. A severely disabled child with autism spectrum disorder is entitled to a therapy tandem with electric assistance as an assistive device covered by statutory health insurance.
2. The tandem is necessary to fulfill the basic need for personal mobility (Art. 20 UN CRPD).
Source: www.socialgerichtsabilities.de
4.3 – LSG Saxony-Anhalt, Judgment of 26.08.2025 – L 8 SO 31/23
Burial costs in a family urn grave are burial costs within the meaning of Section 74 of the German Social Code, Book XII (SGB XII)
Guiding Principles
1. Reasonable local funeral expenses also include costs for a burial in a designated urn grave ordered by the local authorities.
2. Social welfare agencies must exert influence on the local authorities to avoid unreasonable costs.
3. The "quarter-death bonus" of a widow's pension is not a designated benefit within the meaning of Section 11a of the German Social Code, Book II (SGB II), and Section 83 of the German Social Code, Book XII (SGB XII).
Source: www.socialgerichtsabilities.de
5. Decisions concerning the Asylum Seekers' Benefits Act (AsylbLG)
5.1 – LSG Hessen, decision of 01.10.2025 – L 4 AY 5/25 B ER
Voluntary, self-initiated departures are generally not permitted under the Dublin Regulation
Guiding Principles
1. A voluntary, self-initiated possibility of departure must actually exist (§ 1 para. 4 sentence 1 no. 2 AsylbLG).
2. In cases of doubt under EU law, the guidelines of the Federal Constitutional Court on preliminary legal protection must be taken into account (Federal Constitutional Court, decision of 13 August 2024 – 2 BvR 44/24).
Source: www.socialgerichtsabilities.de
Practical tip
: See also SG Gießen, case no. S 30 AY 40/25 ER.
5.2 – SG Mainz, decision of 29.09.2025 – S 15 AY 28/25 ER
The grandfathering clause of Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) also applies to benefits under Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG)
Guiding Principles
1. The grandfathering clause of Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) also applies to beneficiaries of benefits under Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) via the reference in Section 3a Paragraph 4 Sentence 1 of the Asylum Seekers' Benefits Act (AsylbLG).
2. A contrary announcement by the Federal Ministry of Labor and Social Affairs (BMAS) does not preclude this.
Legal tip:
Rejection: Baden-Württemberg State Social Court, decision of April 29, 2025 – L 7 AY 918/25 ER-B.
Approval: Marburg Social Court (May 23, 2025 – S 16 AY 8/25 ER; February 14, 2025 – S 16 AY 11/24 ER), Speyer Social Court (March 25, 2025 – S 16 AY 10/25 ER), Mainz Social Court (July 10, 2025 – 1 AY 7/25 ER, unpublished).
Note on citation style:
Unpublished judgments, annotations or case reviews may with source attribution be cited
- Source: Tacheles Legal Case Law Ticker Week XX/2025 – Author: Detlef Brock
- For newsletters: Thomé Newsletter 12/2025 from April 6, 2025 – Author: Harald Thomé
- License: Creative Commons CC-BY-SA 3.0
Author: Detlef Brock, editor of Tacheles.
Source: Tacheles legal case ticker
