Changing A Lock On A Tool Box

necessity of the move; provisional assurance

A move within the meaning of § 22 paragraph 2 sentence 2 SGB II required if the desire is for his own apartment a plausible, reasonable and understandable reason which would also move a non-beneficiaries to move. The necessity of a move is convinced that the Berlin-Brandenburg LSG here was adequately explained. A hobby room in the basement without adequate natural light is not a suitable living space (see the requirements for general recreation rooms in Building Code § 48 para 1 Berlin, and especially in residential areas in terms of lighting and ventilation (§ 4 para 2, No. 7, law for the removal of grievances apartment in Berlin). Therefore, here were already on the job for the Center to be observed in 7 paragraph 5 of the implementing regulations f the grant of benefits under § 22 SGB II § § 29 and 34 SGB XII (AV-residential) of 10 Unacceptable housing conditions prior to February 2009.

In some cases, if the job center here had rejected all previous offers housing, the loss is threatening the current offer and the landlord with a commitment on the fast track in the back would be willing to contract, a claim for provisional Obligation to provide an assurance pursuant to § 22 para p. 2 1 2 Social Code (SGB II) through the Job Center in the preliminary injunctions are.


Social Court of Berlin-Brandenburg, decision of 06.05.2009, L 32 AS 612/09 B ER

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Incredible Light Show Tree

entitles citizens to benefits even with a minor job

The Higher Social Court in Berlin Brandenburg has another decision to the perennial issue "citizens and" Hartz IV "a closer look thrown on the question of when a restricted employee as an" employee "is referred to in Euoparechts and the free movement rules and therefore not" seeking employment " Hartz IV services is excluded.

The applicant is a Polish citizen and incontrovertible capable of working. It has, apart from the income from part-time employment as a cleaner no income or assets.

The Job Centre had rejected the granting of basic security services because applicant is in accordance with § 7 paragraph 1 sentence 2 no 2 in Book II excluded from these services. Your stay right arises solely out of a job. The social court in Berlin has refused to issue a temporary injunction on the grounds that the applicant is unable to work because it was not for the addition of work permits and can not be allowed.
LSG
The Berlin-Brandenburg has removed the negative decision and the Job Center for provisional payment of Hartz IV benefits obligation.

of grounds, it argues that § 7 paragraph 1 sentence 2 exclusive 2 SGB II those foreigners whose stay right arises solely out of a job. This no longer meet the applicant, even if it should be entered to find work because she was due to their employment worker, for there is a right of residence under § 2 para 1, para 2, No. 1 free movement EU.

The employee concept of § 2 para 1, 2, free movement EU under European law was determined as the standard for content, has the Community law to provide reasonable freedom of movement rights corresponding national legislation. Employee as defined in Article 39 of the Treaty establishing the European Community (TEC), the Regulation 1612/68 or Directive 2004/38/EC is a person performing an activity in a wage or employment. The term does not strictly interpreted. The question is only whether a low-paid work here as sufficient.

The 10th Senate then examines the case law on the minimum requirements for work and come to the conclusion that an activity of seven hours per week compared to a probably not uncommon as assessed charge as here in any case sufficient, especially if the employment is applied already for a long period of "stable".

Social Court of Berlin-Brandenburg, 10 Senate Order of 08/06/2009,
Az L 10 AS 617/09 B ER


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