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 10 July 2025 – L 4 AS 300/22 D
Job centers do not cover loan repayments for owner-occupied property if only 24% of the mortgage is repaid after 10 years
Note by Detlef Brock
➡️ Benefits under the German Social Code, Book II (SGB II), are limited to securing current subsistence; they are not intended for asset accumulation.
➡️ Accordingly, interest payments on a mortgage are to be covered as part of the housing allowance. Repayment installments, however, are generally not to be considered, as they contribute to asset accumulation.
➡️ An exception applies only if the financing is already largely complete at the time the benefits are received and the property was acquired outside of the benefit period.
Source: www.landesrecht-hamburg.de
1.2 – LSG Hamburg, Judgment of 10 July 2025 – L 4 AS 294/24
Income from renting out a garage parking space is considered assessable income
Note by Detlef Brock
➡️ Income from renting out a garage parking space owned by a recipient of citizen's allowance is considered income to which the €100 allowance pursuant to Section 11b Paragraph 2 Sentence 1 of the German Social Code, Book II (SGB II) does not apply, as it is not income from employment.
➡️ This income does not fall under any of the exceptions listed in Section 11a of the SGB II. The ruling of the Federal Social Court (BSG) of August 6, 2014 – B 4 AS 37/13 R – which states that income from subletting a parking space rented as part of the accommodation is not to be considered, does not contradict this.
Source: www.landesrecht-hamburg.de
1.3 – LSG Saxony, Judgment of 28.04.2022 – L 3 AS 258/17
No temporary community of need with the parents if minor children temporarily live in boarding school
Note by Detlef Brock:
Minor children who temporarily live in a boarding school are entitled to full social benefits.
Guiding Principles
➡️ The legal institution of the temporary household unit serves to cover needs and must not be applied in a way that restricts benefits.
➡️ The child's residence with a parent – as a personal point of reference – is absent during periods of boarding school attendance.
➡️ Minor children who temporarily reside in boarding school continue to be considered part of their parents' household due to the right to determine their place of residence.
➡️ Regarding the examination of a special disability-specific connection in the context of integration assistance benefits under Section 54 of the German Social Code, Book XII (old version).
Source: www.socialgerichtsabilities.de
Legal tip:
This legal question was already controversial during the Hartz IV era:
– same view: Social Court Chemnitz, judgment of 27 February 2013 – S 14 AS 112/12 –
– different view: Social Court Potsdam, judgment of 18 April 2012 – S 35 AS 3511/09 –
1.4 – LSG Lower Saxony-Bremen, Judgment of 17.09.2025 – L 13 AS 245/24 (Appeal allowed)
Lack of eligibility for benefits under the Asylum Seekers' Benefits Act (AsylbLG) for EU citizens
Official Guidelines
➡️ Only a residence permit under the Residence Act (AufenthG) that offers a long-term perspective of remaining in Germany justifies an exception to the exclusion from benefits under Book II of the German Social Code (SGB II) for EU citizens (following the Federal Social Court (BSG) decision of January 20, 2016 – B 14 AS 35/15 R).
➡️ If, in the opinion of the public prosecutor's office, the continued residence of a foreigner is necessary due to their status as a witness, bridging benefits for more than one month may be considered pursuant to Section 23 Paragraph 3 Sentence 6 of Book XII of the German Social Code (SGB XII).
➡️ The Asylum Seekers' Benefits Act (AsylbLG) is not applicable to EU citizens; Section 1 Paragraph 1 of the AsylbLG must be interpreted restrictively in this respect (following, inter alia, the decision of the Higher Social Court of Lower Saxony-Bremen of November 25, 2021 – L 8 SO 207/21 B ER).
Source: voris.wolterskluwer-online.de
2. Decisions of the social courts regarding the German Social Code, Book II (SGB II) / Citizen's Allowance
(No new decisions published in this issue)
3. Decisions of the State Social Courts on Employment Promotion Law (SGB III)
3.1 – LSG Baden-Württemberg, Judgment of 14.02.2025 – L 8 AL 1869/24
No seasonal short-time work allowance will be granted if the application is not submitted on time due to the employee's fault
Comment by Detlef Brock:
There are no constitutional concerns regarding the application deadline of Section 325 Paragraph 3 of the German Social Code, Book III (SGB III).
Source: www.socialgerichtsabilities.de
4. Decisions of the State Social Courts on Social Assistance (SGB XII)
4.1 – LSG Schleswig-Holstein, decision of 02.10.2025 – L 9 AR 15/25 SO ER
Suspension of enforcement in the case of integration assistance benefits
Guiding Principles
➡️ Section 154 Paragraph 2 of the Social Court Act (SGG) refers only to insurance and pension providers, not to providers of integration assistance.
➡️ The considerations of Section 154 Paragraph 2 of the SGG can, as an expression of a general legal principle, be incorporated into the balancing of interests pursuant to Section 199 Paragraph 2 of the SGG.
➡️ The balancing of interests may favor the provider if the prospects of success are uncertain and the person entitled to benefits is currently no longer subject to any financial burden.
Source: www.socialgerichtsabilities.de
4.2 – SG Mannheim, Judgment of 05.11.2024 – S 8 SO 2182/23 (legally binding, not published)
The social welfare office is not obligated to pay for an air conditioner – there is no need for social assistance
Note by Detlef Brock
➡️ A severely disabled applicant living in a nursing home is not entitled to funding for an air conditioner.
➡️ This is not considered initial equipment.
➡️ The expenses are also not eligible for consideration as heating costs; social welfare law only covers heating costs – and in a tenancy agreement, the landlord is obligated to provide heating.
4.3 – LSG North Rhine-Westphalia, Judgment of 15 May 2025 – L 9 SO 177/24
No exclusion of family activities from integration assistance (Senate abandons old legal opinion – Case No. L 9 SO 303/13)
The social welfare provider must cover €11,530 for a self-procured electric wheelchair bike as a social participation benefit.
Note by Detlef Brock
➡️ A severely disabled person with care level 5 is entitled to a wheelchair bike with electric drive to promote participation in community life.
➡️ Such a bike enables shared mobility with family members and strengthens social participation, independence, and quality of life.
Source: www.socialgerichtsabilities.de
5. Decisions concerning the Asylum Seekers' Benefits Act (AsylbLG)
5.1 – LSG Lower Saxony-Bremen, decision of 17.09.2025 – L 8 AY 29/25 B
Lack of a legitimate interest in legal protection in expedited proceedings without prior application to the authority
Official Guidelines
➡️ In an appeal pursuant to Section 172 Paragraph 3 No. 2 of the Social Court Act (SGG), the value of the appeal is determined by the interest in enforcing the law in court proceedings.
➡️ In preliminary injunction proceedings, the main issue within the meaning of Section 172 Paragraph 3 SGG is to be determined according to the claim asserted in the application; in the case of ongoing benefits, a maximum period of dispute of twelve months is assumed (established case law).
➡️ In proceedings pursuant to Section 86b Paragraph 2 SGG, there is generally no need for legal protection if the applicant has not previously contacted the authority.
6. Miscellaneous
6.1 – Study by the Paritätische Gesamtverband: Citizen's income only secures "bare survival"
According to the Paritätische Gesamtverband (Parity Welfare Association), the citizen's income does not offer sufficient protection against poverty.
6.2 – Does the new basic income support under the German Social Code, Book II (SGB II), violate human dignity?
An article by Prof. Dr. Gerhard Kilz
6.3 – No second pair of shoes, no daily hot meal – Study reveals dramatic shortages
Current study by the Paritätische Gesamtverband (Parity Welfare Association):
6.4 – Citizen's allowance notices not legally binding in 2025 either due to faulty legal remedy instructions
Job centers continue to use inadequate legal remedy instructions, which leads to a one-year deadline for appeals (§ 66 SGG analogously).
Instructions that merely refer to a website or QR codes are particularly flawed.
➡️ Article by attorney Lars Schulte-Bräucker:
https://www.anwalt.de/rechtstipps/neue-rechtsbehelfsbelehrung-der-jobcenter-im-jahr-2025-erneut-erhebliche-unzulaenglichkeiten-255637.html
6.5 – Child support advance payment when childcare time exceeds 60%
Case review by attorney Helge Hildebrandt, Kiel
If one parent cares for their child for more than 60% of the time, they are considered a single parent and are entitled to child support advance payments.
Source: https://socialberatung-kiel.de/2025/10/15/unterhaltsvorschuss-bei-mehr-als-60-der-betreuungszeit/
Note on citation style:
Unpublished judgments, annotations or case reviews may only be cited with source attribution:
- 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
Quotations without source attribution are a violation of copyright law.
Author: Detlef Brock, editor of Tacheles.
Source: Tacheles legal case ticker
