The Federal Social Court decided a case, a Berlin that is to consider bankruptcy money as income when calculating the unemployment investments 2. The insolvency fund is the opinion of the highest German Social Court for any of the in § 11 para 1 sentence 1 SGB II expressly provided exceptions to be considered revenue in money or money's worth. The insolvency fund is a benefit that the financial situation of the needy in the sense of loss affects of needs. However, it is not earmarked revenue, which excludes its consideration in the calculation of Alg II. Although the bankruptcy was to replace the money in the bankruptcy period money specifically precipitated entitled to pay. The insolvency fund shall be paid but not earmarked. The recipient of the insolvency money was free rather in the use of this service.
Federal Social Court, Judgement of 13.05.2009, Az B 4 AS 29.08 R
lower courts:
SG Berlin - S 59 AS 5522/05 -
LSG Berlin-Brandenburg - L 28 AS 1029/07 -
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