Overview of case law – basic income support, social assistance, Asylum Seekers' Benefits Act (AsylbLG) and citizen's income
1. Decisions of the state social courts on basic income support under the German Social Code, Book II (citizen's allowance)
1.1 – LSG Saxony, Judgment of 09.10.2025 – L 2 AS 455/21
Coherence of the Saalekreis district's concept regarding accommodation costs from January 2017
Guiding principles
- The values for reasonable accommodation costs in the Saalekreis district, determined from 1 January 2017 onwards, are based – after recalculation of the comparison areas, corrected weighting of the guideline values and increase of the percentiles (correction reports A&K 09/2019, 29.07.2024, 13.06.2025) – on a coherent concept.
- The formation of two comparison areas is not objectionable. The city of Merseburg functions as a medium-sized center and supply hub for the southern Saalekreis district; Querfurt has adequate transport connections.
- The sample of rental values is representative according to the weighting method used.
- The consideration of students (BAföG) and BAB recipients was improved by increasing the percentile from 35 to 40.
- The comparison with new contract rents up to four years old does not compensate for existing rents, but is mitigated by the additional cross-check with advertised rents.
Source: www.socialgerichtsabilities.de
1.2 – LSG Hamburg, decision of 10.10.2025 – L 4 AS 231/25 B ER
Crediting of income in a mixed household
Guiding principle (D. Brock)
- Income within a household consisting of a mother and child is to be taken into account according to Section 9 Paragraph 2 Sentence 2 of the German Social Code, Book II (SGB II). The determination of income is also governed by the SGB II for mixed households (Federal Social Court, 15 April 2008 – B 14/7b AS 58/06 R).
- An allowance received as a member of a Hamburg district assembly is considered voluntary work and is attributed to the mother (SGB XII). In the case of a mixed benefit unit, this allowance – after deduction of the applicable allowances – is proportionally attributed to the son's income.
- The expense allowance is not a designated income (BSG 12.09.2018 – B 14 AS 36/17 R).
- Income from voluntary work should be treated like earned income.
Source: www.landesrecht-hamburg.de
Legal tip:
Monthly expense allowances, including those for city council or district council members, are not to be taken into account. For example, the ruling of the North Rhine-Westphalia State Social Court (LSG NRW) on November 23, 2022 – L 12 AS 246/22 states that such allowances earmarked income .
1.3 – LSG Saxony-Anhalt, Judgment of 17.06.2025 – L 2 AS 45/25
Interest on finally determined ALG II benefits after provisional approval
Key messages
- Section 44 Paragraph 2 of the German Social Code, Book I (SGB I) protects the processing time: interest is only charged after 6 months from receipt of a complete benefit application .
- For a final decision pursuant to Section 41a of the German Social Code, Book II (SGB II), a complete application requires conclusive information on the actual income during the benefit period.
Legal tip:
See also LSG Hamburg, 06.08.2020 – L 4 AS 68/20.
1.4 – LSG Hessen, Judgment of 15.10.2024 – L 6 AS 145/24
No protection of legitimate expectations if a foreign pension is not declared.
Guiding principles
- A Russian "insurance old-age pension" leads to exclusion from benefits according to § 7 para. 4 SGB II.
- Questions of crediting ("readily available funds") then no longer arise.
- Obfuscation can be an indication of deliberate misrepresentation.
- No obligation for the social welfare provider to reimburse costs for periods prior to the date of knowledge (BSG 04.06.2025 – B 7 AS 7/24 R).
Source: www.socialgerichtsabilities.de
1.5 – LSG Berlin-Brandenburg, decision of 12.09.2025 – L 1 AS 863/25 B ER
Assumption of rent arrears due to illness in expedited proceedings – weighing of consequences
Guiding principles (D. Brock)
- Rent arrears must be covered in cases of mental illness.
- If direct payment prevents future rent arrears and reintegration is foreseeable, the takeover is necessary.
Notes
- The threat of homelessness justifies an entitlement to a loan to cover the costs (BSG 13.07.2022 – B 7/14 AS 52/21 R).
- The amount of debt is not decisive .
- Economically unreasonable behavior takes a back seat in the balancing of interests.
- Acquisition is mandatory if the future outlook is positive.
- The state's cost interests are secured if payment is made subject to conditions.
Legal tip:
No monetary limit on the loan according to § 22 para. 8 SGB II (LSG NRW 07.09.2013 – L 19 AS 1501/13 B).
1.6 – LSG Mecklenburg-Vorpommern, decision of 25.07.2025 – L 10 AS 219/24
(BSG decision of 02.10.2025 – B 4 AS 126/25 AR)
No legal interest in obtaining an assurance after the move has already taken place.
note
- No blanket guarantee for new rental costs after the move has been completed.
- A reduction in the commute from 9 km to 200 m is not a necessary reason to move.
- A reasonable daily commuting distance exists.
- An economically minded non-benefit recipient would not choose a costly move.
2. Decisions on social assistance (SGB XII)
2.1 – LSG Baden-Württemberg, decision of 25.04.2025 – L 7 SO 819/25 ER-B
No cohabiting partnership – standard benefit reduced to 80%
note
- Without income/assets, there is a risk of unconstitutional under-coverage of needs → grounds for an order exist.
- Benefits may not be denied solely on the grounds of presumption of a cohabiting relationship.
- Care allowance according to § 37 SGB XI is not income of the caregiver.
- No evidence of substantial assets if purchases were made via installment payments.
Legal tip:
Care allowance is due to the person in need of care, not the caregiver (LSG NRW, 18.11.2024 – L 20 SO 409/22).
3. Decisions concerning the Asylum Seekers' Benefits Act (AsylbLG)
3.1 SG Karlsruhe, decision of 07.11.2025 – S 12 AY 2950/25 ER
Constitutional limits on benefit reductions – mother subject to deportation, father has a residence permit
Key messages
- The authority must provisionally grant ) according to RBS 1 (2024)
- Section 28a paragraph 5 of the German Social Code, Book XII (SGB XII) is directly applicable to Section 3a of the Asylum Seekers' Benefits Act (AsylbLG).
note
- Grandfathering: The higher values from 2024 , as 2025 would be lower.
- Numerous decisions by the Social Courts confirm this; the decision of the Higher Social Court of Baden-Württemberg is considered incorrect.
3.2 – SG Karlsruhe, decision of 30.10.2025 – S 12 AY 1921/25 ER
Benefits under the Asylum Seekers' Benefits Act (AsylbLG) + contributions for follow-up insurance
note
- The special needs levels according to § 3a AsylbLG are unconstitutional.
- Section 6 of the Asylum Seekers' Benefits Act (AsylbLG) protects the minimum subsistence level.
- The assumption of follow-up insurance contributions is necessary to secure one's livelihood.
- A 10% shortfall in funding does not constitute for preliminary legal protection.
4. Miscellaneous
4.1 – Federal Social Court proceedings on the constitutionality of the standard benefit rates 2022
The 7th Senate of the Federal Social Court (BSG) will decide on December 2, 2025 , on the question of whether the standard benefit rate for 2022 was constitutional in view of high price increases (Case Nos. B 7 AS 20/24 R, B 7 AS 30/24 R, B 7 AS 6/25 R).
4.2 – Social benefits in the month a claim becomes due
(Contribution: Attorney Helge Hildebrandt)
Key question:
If a claim is due in October but paid in November – is there a claim for November?
The Federal Social Court (BSG) requires that costs actually and legally incurred .
Note on 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
- For newsletters: Thomé Newsletter 12/2025 from April 6, 2025 – Author: Harald Thomé
- License: Creative Commons CC-BY-SA 3.0
⚠️ Quotes without source attribution are copyright infringement.
Author: Detlef Brock, editor of Tacheles.
Source: Tacheles legal case ticker
