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child benefit as income for children with separated parents

life children alternating with their separated parents, are the children and the parents each have a temporary need community. Child benefit should not be with the children in that time counted as income in proportion, to the other if it is not paid to the need community owned parent, the father here.
The Federal Social Court confirmed this decision, the rulings of lower courts.

If the children are entitled to maintenance claims against the father, it is the responsibility of the defendant Job Centers, these possibly existing maintenance under § 33 SGB II to the Father to be asserted.

SG Freiburg - S 13 AS 6382/05 -
LSG Baden-Württemberg - L 13 AS 2559/08 -
Bundessozialgericht - B 14 AS 75/08 R - Judgement of 02/07/2009

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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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