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No penalty for refusal inaccurately described and unacceptable work opportunity

The LSG Berlin-Brandenburg has decided that the Job Center / consortium in a proposal for a work placement opportunity with compensation for additional expenditure (MAE ) must describe the activity closely. The determination of the location, type and temporal arrangement of the work must not only be defined locally by the support measures. If too vague proposal for mediation is rejected, this must not lead to a penalty under § 31 SGB II (power reduction of 30% or more).

also must be "offered" a job opportunity that unreasonable for health reasons is. A reduction in benefits under § 31 SGB II hazardous because of the refusal of the health activities are also illegal.

In that case, it was because of the same, unacceptable MAE already come to a chain of reductions, so that the applicant was given no further benefits. It was the mid-fifties to the seriously ill and offered work as Hausmeisterghilfe not in a position, which apparently had been identified according to the documents need to be.

The Social Court ordered that the contradictions have to suspend the penalty notices, so that was recovered the full benefits are paid. It is also noteworthy that the Social Court of Frankfurt / Oder decided in the first instance for the consortium.

LSG Berlin-Brandenburg, decision of 14.03.2008, Az L 10 B 445/08 AS HE

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BSG: Subsidy for school trip

The Federal Social Court in Berlin ruled in a case that the Job Center assume the cost of a multi-day class trip in full must. In the opinion of the supreme court, the social law in § 23 para 3 No 3 SGB II is unique and requires the Job Center to pay the actual costs. A lump sum is therefore not sufficient. In the social assistance law, the provisions of § 31 SGB XII should be understood the same way.

Federal Social Court, Judgement of 13.11.2008, Az B 14 AS 36/07 R
lower court: SG Berlin - S 103 AS 7827/07-

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SG Berlin: Hartz IV for self-employed EU citizens

The social court in Berlin, the competent job center committed under an interim arrangement, a English national to to approve the final decision on the pending appeal SGB II. The competent job center was of the view that EU citizens have engaged in self-employment in Germany are not entitled to Hartz IV. This was contradicted by the social court and made it clear that the exercise of self-employment is an expression of freedom. Even if the revenues to secure not sufficient means of subsistence would, it is irrelevant. Finally, the exclusion of § 7 paragraph 1 SGB II p.2 was related only to foreigners who would stay only to seek work in Germany. This was in self-employment is not the case.

Tags: EU citizens, Hartz IV, Exclusion, Freedom
www.kanzlei-goeke.de


SG Berlin: S 82 AS 27550/08 ER

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child benefit and lump sum of 30 €

child benefit and lump sum of 30 €

A minor child in the household, that his social welfare legal requirements due to alimony and child support covers is not a member of the household of his parents. If left to meet the needs of children still money left, the excess is counted as income of the parents and will be considered by them in the calculation of benefits under SGB II. In this case, however, the lump sum must be according to § 3 No. 1 Alg II-V in the amount of € 30, - will be deducted.

Social Court of Berlin-Brandenburg, Judgement of 28.02.2008, Az L 25 AS 946/06

lawyer Joachim Genge
www.genge.info

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legal aid for Hartz IV

Tips for Hartz IV recipients:

Many Hartz IV - Beneficiaries are afraid of the way to the courts, because it is the cost of a Lawyer fear. This risk exists but not if the applicant for legal aid is granted. In this case, does the state treasury the remuneration of the lawyer.

is rejected If your opposition to Hartz IV decision of your local job centers , you have to audition within the limitation period of one month from receipt of the appeal decision in the legal department of your local Social Court and there against the original decision and related appeal decision to institute proceedings. At the same time you are applying for legal aid and designate a lawyer of their choice. You must the relevant application form and fill out the appropriate documents, such as Hartz IV-submit your notice. Unless the Court having considered your performance acts come to the conclusion that your action is likely to succeed, it is officers from among the appointed attorney from you. In this case, does the state treasury to pay the lawyer. To avoid as Hartz IV recipients the cost risk of a lawyer and are best represented before the social court. I will be happy to this disposal.

RA Jens Christian Goke, LL.M.

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The Iraq war and its cost




total of three trillion U.S. dollars or in numbers $
3'000'000'000'000

A simple question: What would you do with three trillion U.S. dollars actually can? The estimates of the Nobel laureate and other experts: • 25,000,000
pay teachers a year
• 219'000 primary schools finance and build
• the study of students 129'000'000

Other figures of the dead: 3974 U.S. soldiers have been killed in Iraq so far. An estimated 151 000 Iraqis died violently. From the consequences of war and violence, 650,000 Iraqis.

Source: Monitor (ARD-Stream)

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LSG Berlin-Brandenburg for Hartz IV - reference for trainees

trainees whose Training can be encouraged to be governed by the training assistance and the SGB III, have no right to Hartz IV benefits, even if they actually get any financial support for personal reasons (§ 7 Abs 5 SGB II). In certain exceptional cases, trainees have won benefits under the Social Code II (SGB II § 7 para 6).

The Higher Social Court of Berlin-Brandenburg recently had to decide in a case concerning the interpretation of these exceptions. The applicant had stopped their university degree after 12 semesters and then started studying at a College for Social Education. The application for federal financial aid was rejected, because I submit for the demolition of the previous university studies is not an important reason. The application for unemployment benefits was also rejected because the applicant was out of § 7 Abs 5 SGB II of Hartz IV relation.
The Social Court makes clear in his order that the derogation clause in § 7 paragraph 6, No. 1 Book II favors only students attending a general school, which could stay living with their parents or, and therefore do not receive funding under the BAföG . These students are entitled to supplemental Hartz IV benefits. All other courses, especially those that give a professional degree, are not covered by the exception. The Court also makes clear that an exception to § 7 paragraph 6, No. 2 SGB II exists only when you actually the low demand rate of € 192, - is replaced by § 12 para 1 No 1 BAföG , to meet demand is not sufficient. According to the court in the applicant not a case of special hardship under § 7 para 5 sentence 2 SGB II was given, which would be the granting of SGB II benefits a loan have been possible. As a result, the applicant shall
so no public support for her new studies at the State College and no unemployment benefits while they studied there.

LSG Berlin-Brandenburg, Decision of 24.01.2008, L 26 B 60/08 AS HE

RA Joachim Genge
www.genge.info

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from the lower class




Note: 42%!

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BSG cost of accommodation in the Hartz IV reference

Does the daughter of a Hartz IV - federal financial aid recipient, then the Argentina entitled to sharing the costs of accommodation (CJ) to headboards.

The decision of the Federal Social Court of 27 February 2008 was the following facts. The applicant lived with her adult daughter, a 98 square meter apartment. Until the commencement of study by the subsidiary in October 2005, the cost of accommodation were both assigned to each half. Since the subsidiary received from now on student loan in the amount of € 377.00 and thus not longer a member of the household was asked the applicant to raise the KDU. This was rejected by the defendant, she became still only half the cost. The SG has dismissed the application and the appeal was unsuccessful. The 14th Senate rejected the revision regarding the KDU. The defendant Argentina has approved the applicant's right only half the accommodation costs. Although the daughter is not a member of the household, she was rightly considered in the allocation of accommodation. The applicant's argument that federal financial aid, the daughter does not take into account an appropriate requirement for the cost of accommodation was rejected by the Senate. A deviation from the principle of separation after head parts was not even necessary because of existing capacity at existing maintenance obligation of the applicant with respect to her daughter. The system in Book II, it can not make accommodation costs for third parties (in this case not need community owned subsidiary) to the courts even if this would be compared with existing capacity to a maintenance obligation.

B 14/11b AS 55/06 R - WF /.. Working Group on Employment Augsburg Augsburg

Tags: Hartz IV, need community, job center, consortium, student loans, cost of accommodation

RA Jens Christian Goke, LL.M.

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LSG Berlin Brandenburg to the Hartz IV claim for EU citizens

The right Hartz IV to belong, is linked to nationals of EU Member States to the condition that they may be not only just to seek work in Germany (§ 7 paragraph 1 sentence 2 SGB II). In addition to this requirement shall be citizens of the new EU Member States (Estonia, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic, Hungary and Cyprus) to submit a permit to take employment.

decided this recently, the Social Court of Berlin-Brandenburg on the eligibility of a Czech woman whose application for ALG II benefits was denied.
According to § § 7 paragraph 1 sentence 1 No. 3, 8, paragraph 2 of Book II, foreigners are only able to work, if they ever can be employed, ie they take up a job is allowed or could be allowed. But this was the applicant is not the case. She was Czech. In such case § 13 Freedom of Movement Act / EU expressly that the employment be approved by the Federal Labour Agency in accordance with § 284 paragraph 1 SGB III must. The right to free movement of persons in relation to nationals of new Member States - are limited - with the exception of nationals of Malta and Cyprus. Of these, the Federal Republic of Germany to the present state has until 30 April 2009 exercised. The approval assumes that no other employable workers are not available (§ 39 para 2 No 1 b) Residence Act), which is on an obviously unskilled workers such as the applicant in this case and high unemployment in Germany, especially to exclude the low skilled.

LSG Berlin-Brandenburg, decision of 20.12.2007, L 5 B AS HE 2073/07, 2092/07 L 5 B AS P

Jens Christian Goke, LL.M.
www.kanzlei-goeke.de