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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