Overview of case law
on basic income support, social assistance, asylum seekers' benefits law, citizen's allowance, and employment promotion law
Last updated: May 31, 2026
Editor: Detlef Brock
Publisher: Tacheles Legal News Ticker
1. Decisions of the Federal Social Court on social assistance
1.1 – BSG, Judgment of 27 May 2026 – B 8 SO 4/24 R – and – B 8 SO 5/24 R –
Legal question:
Were the standard rates determined according to § 29 SGB 12 in the years 2022/2023 constitutional?
Federal Social Court (BSG): The basic income support for the elderly and those with reduced earning capacity under Book XII of the German Social Code (SGB XII) was not unconstitutionally low
Key findings of the Federal Social Court: Inflation was constitutional
- Even though the Covid-19 pandemic and high inflation-related price increases had particularly burdened those in need, the legislator responded with several aid measures such as a one-off payment, a flat-rate energy price allowance or the 9-euro ticket, and overall covered the minimum standard of living for human dignity.
- The Federal Social Court (BSG) has clarified that the pandemic-related transitional regulation (social protection package) exempting assets from being counted towards basic income support was not limited to a single six-month period. Rather, according to the highest court's ruling, assets were protected beyond this period until and including December 31, 2022.
Source:
www.bsg.bund.de
2. Decisions of the State Social Courts on basic income support under the German Social Code, Book II (SGB II)
2.1 – LSG Mecklenburg-Vorpommern, Judgment of 26.02.2026 – L 10 AS 262/22 –
Topic
: Regarding the preferential treatment of a father's payment for his daughter's music school/dance lessons according to § 11a para. 5 SGB II.
Voluntary payments made by the father for his daughter's music lessons may not be taken into account by the job center, as they do not improve the recipient's situation to such an extent that additional benefits under the citizen's allowance would no longer be justified (§ 11a para. 4 SGB 2).
Irregular voluntary contributions from the father are not considered income (§ 11a para. 5 no. 2 SGB II)
Decision:
The Senate sets a clear line: Payments of €40 per month from the child's father for his daughter's music school/dance lessons will not be taken into account.
A voluntary donation made by the child's father may not be counted as income by the job center, because the father was not morally obligated to make the donation.
According to the jurisprudence of the Federal Social Court, a moral obligation can only be affirmed if there are special circumstances within the relationship between the donor and the recipient that make the donation appear absolutely necessary; the principle of familial solidarity alone is not sufficient (compare BSG of July 17, 2024, B 7 AS 10/23 R with reference to BSG of July 23, 2022 – B 7/14 AS 75/20 R).
Simple charity or the general commandment to help relatives in need was not enough.
The benefits are privileged according to the second alternative (§ 11a para. 5 no. 2 SGB II).
Typical uses of voluntary financial contributions include club membership fees and the costs of private music lessons. These represent desirable contributions to enable disadvantaged minors to participate in cultural activities and to have their artistic skills developed.
For special occasions such as confirmation, first communion, youth dedication ceremony, or graduation, even larger monetary gifts are exempt from income assessment. In light of the aforementioned guidelines and the socially accepted purposes – music lessons or dance – the irregularly paid amount of €40 does not appear excessive at all.
Source:
LSG Mecklenburg-Vorpommern
2.2 – LSG Bayern, decision of 11.05.2026 – L 7 AS 358/26 B ER –
Subject:
On the assumption of accommodation costs in expedited proceedings when the applicant lives in her parents' house.
Principle:
There is generally no urgent need for action due to a threat to the apartment if a person entitled to benefits under the German Social Code, Book II (SGB II) lives with their parents and the parents, as alleged landlords, do not take any serious steps to deprive the person entitled to benefits of their living space in the event of non-payment of rent.
Source
www.socialgerichtsabilities.de
2.3 – LSG NRW, Judgment of 24.06.2025 – L 2 AS 1014/22 –
Rejection by the Federal Social Court (BSG) of 25 February 2026 – Case No. B 7 AS 223/25 BH / B 7 AS 8/26 B
Topic:
Taking over additional (heating) costs for operating the electric radiator
Decision:
No entitlement to reimbursement of costs for the operation of a mobile electric radiator, because the costs for the operation of a mobile electric radiator must be proven by the citizen's allowance recipient (this was not successful here).
Heating costs are deemed unreasonable and therefore not reimbursable if, in the case of proper and economical heating, they appear unnecessary in principle or in amount in the individual case (cf. BSG judgment of 19.09.2008, B 14 AS 54/07 R).
The Senate also fails to understand the necessity of heating the entrance area and kitchen with an additional electric radiator in the evening and night hours when there is already a gas-fired central heating system in the living areas.
The plaintiff's explanation that he watches music programs and listens to the radio during this time is not comprehensible, because he can use the rooms heated by the gas-fired central heating system for this purpose.
Source
www.socialgerichtsabilities.de
Case law references
NRW Judgments of 01.07.2020 – L 12 AS 1405/18 and of 07.07.2021 – L 12 AS 1164/20
2.4 – LSG Munich, decision of 11.05.2026 – L 7 AS 335/26 ER
The
Jobcenter is seeking a stay of execution of the decision of the Social Court of Munich dated April 14, 2026 – file number S 38 AS 792/26 ER – which is being appealed.
Principle: The
fact that a contested decision has become legally binding in the interim may justify the suspension of enforcement due to the obvious illegality of a first-instance decision granting provisional benefits, provided that no further steps are necessary to clarify the timely filing of an appeal.
Source
www.socialgerichtsabilities.de
Note by Detlef Brock:
The Social Court of Munich granted citizen's income to a Ukrainian applicant as part of the balancing of interests, despite the suspicion that he was a dollar millionaire in Ukraine and that the job center had denied him benefits due to lack of cooperation.
The 7th Senate justifies its decision to reject the suspension of enforcement as follows:
In the area of subsistence benefits, an application under Section 199 Paragraph 2 of the Social Court Act (SGG) has little prospect of success for this reason alone
Because the requirements of the Federal Constitutional Court regarding expedited proceedings for subsistence-level benefits carry particular weight here, and disadvantages incurred by a job center through the provisional granting of benefits do not regularly outweigh the disadvantages that would arise for an applicant if a subsistence-level benefit were provided (as expressly stated in the Federal Social Court's decision of December 8, 2009, file number: B 8 SO 17/09 R, even for the retroactive payment of benefits for the past).
2.5 – LSG Mecklenburg-Vorpommern, Judgment of 16.12.2025 – L 8 AS 197/22 –
Topic:
On the appropriateness of the plot and living space size for owner-occupied residential properties according to § 12 para. 3 no. 4 SGB II – Unfinished rooms are not to be considered as living space – Individual assessment of the plot size by the job center is required.
Decision:
Contrary to the opinion of the job center, the court is of the opinion that the applicant is in need of assistance (§§ 7 and 9 SGB 2), because the house property is protected assets.
Both the Social Court of Neubrandenburg and the Senate have concluded that the size of the property alone does not lead to the conclusion that the house should be considered inappropriate.
In the currently applicable version of the German Social Code, Book II (SGB II), the legislator no longer mentions the size of the property in Section 12 Paragraph 1 Sentence 2 of the SGB II, whose number 5 now regulates the non-consideration of the self-occupied property within the framework of the asset test, so that it no longer plays a role in current asset tests.
However, even for the older cases to be assessed under the previous regulation, no uniform limit of appropriateness could be found.
Insofar as the job center assumes 800 square meters, this is the value from the technical guidelines of the Federal Employment Agency.
Following the landmark decision of the Federal Social Court in 2007, it follows that the size of the property alone does not automatically lead to inappropriateness, but rather an individual case review is required.
The only exception is if parts of the property can be used separately, which is not the case here.
Source:
LSG Mecklenburg-Vorpommern
2.6 – LSG Baden-Württemberg, Judgment of 12.12.2023 – L 9 AS 2509/23 –
Appeal pending before the Federal Social Court (BSG) under file number: B 7 AS 2/25 R – decision on 03.06.2026
Topic:
Are job centers obligated to cover foreign language courses as a need for participation in social and cultural life in the community according to § 28 paragraph 7 sentence 1 SGB II?
Decision:
Expenses for language courses are not considered needs for participation in social and cultural life in the community according to § 28 paragraph 7 sentence 1 SGB II.
Russian language courses for children do not constitute participation in the social and cultural life of the community.
Costs for afternoon care at a school cannot be covered as supplementary learning support (tutoring) according to § 28 para. 5 SGB II if the care is part of the regular concept of the school and constitutes a school offer.
Source
www.socialgerichtsabilities.de
3. Decisions of the social courts on basic income support / citizen's allowance
3.1 – SG Augsburg, Judgment of 02.07.2025 – S 3 AS 68/25, legally binding –
Subject:
Regarding the crediting of a sum of 500.00 euros received from an association towards the citizen's income entitlement
Decision:
If an association pays a recipient of aid €500 to bridge their emergency situation without any repayment agreement, this generally constitutes income that can be counted according to the case law of the Federal Social Court (BSG), because it is already questionable whether this was a loan.
There is no question of a loan agreement that could withstand scrutiny under the arm's length principle (cf. BSG case no. B 14 AS 46/09 R).
Source
www.socialgerichtsabilities.de
4. Decisions on employment promotion law (SGB III)
4.1 – none available
5. Decisions on social assistance (SGB XII)
5.1 – LSG BW, Decision of 29.01.2026 – L 7 SO 3311/25 ER-B –
Subject:
On the provision of services, in particular on the assumption of the costs of the applicant's outpatient intensive care in a facility for children requiring intensive care.
Guiding principles
- In addition to outpatient intensive care services in inpatient care facilities pursuant to Section 37c Paragraph 3 of the German Social Code, Book V (SGB V), assistance for subsistence benefits pursuant to Chapter 3 of the German Social Code, Book XII (SGB XII) may be considered, in particular a cash allowance and a clothing allowance pursuant to Section 27b Paragraphs 3 and 4 of the German Social Code, Book XII (SGB XII), so that medical treatment is to be provided by the chosen health insurance company pursuant to Section 264 Paragraph 2 of the German Social Code, Book V (SGB V), which takes precedence over compulsory insurance pursuant to Section 5 Paragraph 1 Number 13 of the German Social Code, Book V (SGB V).
- The local authority responsible for integration assistance under Part Two of the German Social Code, Book IX (SGB IX), which has become responsible as the second agency contacted pursuant to Section 14 of the SGB IX, also becomes responsible for providing the services under the SGB XII pursuant to Section 98 Paragraph 6 of the SGB XII.
Source
www.socialgerichtsabilities.de
5.2 – SG Hamburg, decision of 22.12.2025 – S 28 SO 1037/25 ER –
Subject:
The applicant seeks, by way of preliminary legal protection, further qualified assistance for on-call night duty in the form of a personal budget.
Guiding principle:
Remuneration deviating from contractual agreements due to exceptional needs of beneficiaries for integration assistance assumed in individual cases cannot be implemented via the personal budget.
Source:
SG Hamburg
Note by Detlef Brock:
The personal budget is limited to the amount stipulated in the remuneration agreement for the service group to which the applicant belongs according to the findings of the overall plan (see also LSG Lower Saxony-Bremen of 10.4.2014 – L 8 SO 506/13 B ER).
The personal budget is claimed to cover additional costs beyond those agreed upon in a contract under the WBVG, which are in principle covered by the service agreement.
According to Section 29 Paragraph 2 Sentence 7 of the German Social Code, Book IX (SGB IX), further benefits in the form of a personal budget are not provided for; rather, the amount of the personal budget is limited to the benefits that would be provided without it. If a cash benefit is chosen instead of a benefit in kind, the change in the form of benefit should not, as a rule, lead to an increase in costs (see the explanatory memorandum to Section 17 Paragraph 3 of the SGB IX as amended on March 21, 2005, in Bundestag Printed Paper 15/1514, p. 72, regarding Article 8; this corresponds to the current Section 29 Paragraph 2 of the SGB IX, see Bundestag Printed Paper 18/9522, p. 244, regarding Section 29).
5.3 – LSG Saxony-Anhalt, decision of March 9, 2026 – L 8 SO 32/25 B ER – legally binding
Topic:
PTSD assistance dog for student as a service of integration assistance
Decision:
The Senate announces that a 27-year-old student suffering from post-traumatic stress disorder (PTSD) may be entitled to an assistance dog. The State Social Court in Halle ruled in expedited proceedings that the state of Saxony-Anhalt, as the provider of integration assistance, is obligated to finance the specialized training of such a dog for a young woman who was a victim of domestic sexual violence and neglect as a child.
A tool for social participation can also be a dog specially trained to meet the individual needs of a person with disabilities, which, due to its abilities and learned assistance skills, is intended to enable or facilitate this person's self-determined participation in social life or to compensate for disadvantages caused by the disability.
Source:
www.sachsen-anhalt.de
Note by Detlef Brock
: See also Social Court (SG) Karlsruhe, judgment of 17 March 2025 – Case No.: S 5 KR 2092/24
A PTSD service dog can be financed as a social inclusion benefit (participation in community life) within the framework of integration assistance. This cost coverage by social welfare agencies (via the German Social Code, Book IX) is necessary because statutory health insurance companies generally refuse to cover the costs.
See also LSG Lower Saxony-Bremen, decision of 15 January 2026 – L 8 SO 101/25 B ER –
Maintenance costs for an assistance dog (food and insurance) are social participation benefits within the framework of integration assistance (according to Part 2 of the German Social Code, Book IX).
6. Decisions concerning the Asylum Seekers' Benefits Act (AsylbLG)
6.1 – none available
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.
