Overview of case law
on basic income support, social assistance, asylum seekers' benefits law, citizen's allowance, and employment promotion law
Last updated: May 17, 2026
Editor: Detlef Brock
Publisher: Tacheles Legal News Ticker
1. Decisions of the state social courts on basic income support under the German Social Code, Book II (SGB II)
1.1 – LSG Berlin-Brandenburg, Judgment of 22 January 2026 – L 37 SF 209/24 EK AS – Appeal allowed
Topic
: Asserting a claim for compensation under Section 198 of the Courts Constitution Act (GVG)
Recipients of citizen's allowance are not entitled to exemption from legal fees incurred in the extrajudicial pursuit of their compensation claim. In particular, there is no need to engage a lawyer if a professional guardian represents a person seeking compensation.
Decision:
According to the established case law of this panel, from the perspective of a reasonable layperson, the engagement of legal counsel is generally not necessary when initially "filing" a claim for compensation against the liable state due to the unreasonable length of court proceedings. Accordingly, the expenses incurred by nevertheless retaining a lawyer are not considered necessary legal costs.
Guiding principles
- Insofar as the significance of the proceedings that are the subject of a claim for compensation and thus the interest of a claimant in these proceedings is relevant within the framework of Section 198 Paragraph 1 Sentence 2 of the Courts Constitution Act (GVG), a clear distinction must be made between the interests of the parties and those of their lawyers in proceedings that concern issues of costs or preliminary ancillary decisions (following the Federal Social Court (BSG), judgment of 12 December 2019 – B 10 ÜG 3/19 R – juris Rn. 41, 43).
- In proceedings concerning costs, the issue is generally of only minor importance (following BSG, judgment of 11.06.2024 – B 10 ÜG 4/23 R – juris Rn. 21).
- If the initial proceedings concerned the costs of an objection procedure conducted by a lawyer on behalf of a person lacking sufficient financial means to pursue their legal interests and represented by a professional guardian, without any application for legal aid under the Legal Aid Act, the significance of the subsequent legal action is further reduced. The indigent person must bear the responsibility for the failure of their guardian and/or authorized representative to apply for legal aid, meaning that any further interest is not worthy of protection (following the ruling of the Berlin-Brandenburg Higher Social Court, judgment of November 13, 2024 – L 37 SF 124/23 EK AS – juris para. 38 et seq.).
- If a plaintiff incurs legal fees for asserting a claim for compensation against the subsequent defendant prior to litigation, these fees are generally not compensable as pecuniary damages within the meaning of Section 198 Paragraph 1 Sentence 1 of the Courts Constitution Act (GVG) due to lack of necessity (following the precedent set by the Higher Social Court of Berlin-Brandenburg, judgments of November 13, 2024 – L 37 SF 179/22 EK AL – para. 51 et seq. and – L 37 SF 124/23 EK AS – para. 62 et seq., of January 23, 2025 – L 37 SF 154/23 EK AS – para. 48 et seq. and of April 10, 2025 – L 37 SF 90/23 EK AS – para. 59 et seq., each cited according to juris). In particular, there is no need to involve a lawyer in the case of representation of a person seeking compensation by a professional guardian.
Source:
www.socialgerichtsabilities.de
Note by Detlef Brock:
In its judgment of March 26, 2026 – B 10 ÜG 3/24 R – (so far only a report on the hearing) the Federal Social Court (BSG) denied the plaintiff's claim for compensation for his material financial losses with regard to the legal fees for the pre-litigation assertion of a claim for compensation.
The plaintiff is not entitled to be exempt from these costs because legal fees for asserting a claim for compensation prior to litigation are only necessary if they are caused by an unjustified delay in the initial proceedings and are objectively justified.
Another lawsuit concerning this legal question is pending before the Federal Social Court (BSG): BSG, case number B 10 ÜG 3/25 R
1.2 – LSG Hamburg, Judgment of 30.04.2026 – L 4 AS 254/24 –
benefits
must submit a power of attorney from their lawyer for the appeal proceedings.
Decision:
The 4th Senate of the LSG Hamburg follows the opinion of the Federal Social Court (BSG from 2025).
The decision of the Social Court corresponds to the later case law of the Federal Social Court (judgment of 23.09.2025 – B 4 AS 10/24 R), according to which § 13 SGB X and not § 73 SGG applies in the objection procedure.
Lawyers can also be required to submit the original power of attorney, although only a limited review of procedural discretion is permitted and a subsequent submission of the power of attorney remains irrelevant.
The case law of the Federal Social Court on Section 73 of the Social Courts Act (SGG) is therefore not applicable.
Source: LSG Hamburg
1.3 – LSG Schleswig-Holstein, decision of 11.05.2026 – L 6 AS 175/25 B ER, L 6 AS 212/25 B PKH
A
citizen receiving citizen's allowance in Kiel successfully fights for more money for her apartment, as the current rent ceiling in the state capital of Kiel for single-person households is likely too low.
Guiding principles
- The percentile limit of 33% set by the respondent within the scope of his freedom of method for determining the limit of the reasonableness of the costs of accommodation within the meaning of Section 22 Paragraph 1 Sentence 1 SGB II is too low in light of the demand group for housing in the lower segment in the area of "single-person households" in Kiel and is increased to 45% within the scope of the discretion vested in the Senate in the preliminary legal protection proceedings.
- Even after the reform of the housing benefit law, the target group for determining the demand group must still include people from the low-wage sector who do not receive state transfer payments, and especially in a university town, students.
- The consideration of the landlord structure in the data basis for a conclusive concept for determining the limit of the reasonableness of the costs of accommodation in the SGB II (cf. BSG, judgment of 05.08.2021 – B 4 AS 82/20 R) is sufficiently satisfied if the concept is based on data that were collected in the context of the preparation of a qualified rent index.
Source:
schleswig-holstein.de
Note by Detlef Brock:
I recommend that all single-person households in Kiel who have only been granted the reasonable housing costs of €574.50 by the job center file an objection to their decision or submit a review application pursuant to Section 44 of the German Social Code, Book X (SGB X), because the current rent ceiling of the state capital Kiel for single-person households is likely to be too low.
According to the 6th Senate of the Schleswig-Holstein State Social Court, the actual reasonable rent is €602.50. That is €28 more per month.
2. Decisions of the social courts on basic income support / citizen's allowance
2.1 – Social Court Dortmund, Judgment of 10 April 2026 – S 35 AS 2078/23 – Appeal allowed
Subject
: The question of whether, in addition to taking heating costs and estimated operating electricity into account, an additional allowance pursuant to Section 21 Paragraph 7 of the German Social Code, Book II (SGB II) should be granted when operating a gas combination boiler.
Guiding principles
- A claim to the lump-sum additional allowance for decentralized hot water production pursuant to Section 21 Paragraph 7 of the German Social Code, Book II (SGB II) requires, according to Section 21 Paragraph 1 SGB II, the existence of an uncovered need; it does not exist if the expenses for operating a gas combination boiler are already fully taken into account as costs of accommodation and heating pursuant to Section 22 SGB II (distinction from the Federal Social Court (BSG), judgment of May 18, 2022 – B 7/14 AS 1/21 R –, SozR 4-4200 § 41a No. 4, SozR 4-1500 § 96 No. 14).
- The lump-sum additional allowance pursuant to Section 21 Paragraph 7 of the German Social Code, Book II (SGB II) is not to be granted independently of the actual need; granting it without uncovered needs would contradict the principle of needs coverage under the SGB II and the systematic relationship between Sections 20, 21 and 22 of the SGB II.
- The costs for ignition, pumping and operating electricity of a gas combination boiler are part of the costs of accommodation and heating according to § 22 SGB II and can be taken into account by way of a reasonable estimate (usually 5% of the fuel costs) if separate recording is not possible; any further additional needs according to § 21 para. 7 SGB II are regularly excluded.
Case law references:
Court (BSG), judgment of 18 May 2022 – B 7/14 AS 1/21 R;
Higher Social Court (LSG) of North Rhine-Westphalia,
judgment of 28 October 2020 – L 12 AS 2055/18; Higher Social Court (LSG) of Hesse, judgment of 27 November 2017 – L 9 AS 3/15
Source:
www.socialgerichtsabilities.de
Note by Detlef Brock:
According to Section 22 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II), needs for accommodation and heating are recognized in the amount of the actual expenses, provided these are reasonable. This includes the need for centrally generated hot water, but not the need for decentralized hot water generation.
This need is instead to be covered by the additional needs allowance pursuant to Section 21 Paragraph 7 of the German Social Code, Book II (see Federal Social Court, judgment of 18 May 2022 – B 7/14 AS 1/21 R; judgment of 7 December 2017 – B 14 AS 6/17 R).
Following this jurisprudence, the 12th Senate of the LSG NRW ruled in a recent citizen's allowance judgment.
It will be interesting to see whether this ruling by the 35th Chamber will prevail or whether it will remain an isolated decision.
3. Decisions on employment promotion law (SGB III)
3.1 – none
4. Decisions on social assistance (SGB XII)
4.1 – LSG Bayern, Judgment of 29.05.2024 – L 7 SO 83/21 –
Subject:
Injunction against a case worker of a public authority
Decision
: An action for an injunction against a case worker of an authority lacks a legitimate interest in legal protection after the employee's departure from the authority, due to the lack of any risk of repetition.
4.2 – SG Reutlingen, decision of 19.01.2024 – S 4 SO 2476/23 ER –
Subject
: Granting of assistance for care (§ 61 SGB XII)
Guiding principles
- All services under Section 64b SGB XII – including the relevant low-threshold services – require corresponding certification of the service provider.
- The flat-rate care fee charged by a professional provider of low-threshold services for senior living communities does not constitute a personal budget. Therefore, there is no scope for a target agreement with individual arrangements.
- Performance requirements such as the certification of service providers cannot be circumvented by the right to choose and express one's wishes pursuant to Section 104 Paragraph 2 of the German Social Code, Book IX (SGB IX).
Comment by Detlef Brock.
Confirmed by the Baden-Württemberg State Social Court, decision of February 26, 2024 – L 2 SO 357/24 ER-B –
The care allowance of €1,895.00 is not a benefit that can be provided as long-term care assistance in the form of a personal budget. According to Section 29 Paragraph 1 Sentence 2 of the German Social Code, Book IX (SGB IX), the implementation of a personal budget is generally based on individually determined needs.
However, the present case concerns a standardized care offer from SVG, which is therefore not tailored to the individual needs of the applicant, but rather the same for all persons.
There is no room for a target agreement with individual performance content when a professional provider demands a flat fee.
Source:
www.socialgerichtsabilities.de
5. Decisions concerning the Asylum Seekers' Benefits Act (AsylbLG)
5.1 – none
Note on citation style
Unpublished judgments or comments may only be quoted with attribution to the source:
- Source: Tacheles Case Law Ticker Week XX/2025 – Author: Detlef Brock
- Newsletter: Thomé Newsletter 12/2025 from April 6th, 2025 - Author: Harald Thomé
- License: Creative Commons CC BY-SA 3.0
Quotations without source information are not permitted.
