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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