The Sozialticker informs: School material, learning aid for Hartz IV receiver

The Sozialticker - critical demanding independently (openPR) - LSG North-Rhine/Westphalia L 9 B 32/06 AS of 07.08.2006

Since the legislator did not specify a separate requirement basis in the SGB II for the procurement of learning aids, a requirement on achievements can only result to their procurement from it that the rule achievements planned by the legislator according to verfasssungsrechtlichen requirements it does not meet the height in order the costs of the regular need to cover - why the plaintiff desires also higher rule achievements in the available procedure.

This question is disputed (see long in Eicher/Spellbrink, SGB II, § 20 Rdn. 120; Däubler, NZS 2005, page 225 FF.). However if the decision depends mainly on the answer of a difficult, so far unsettled legal question, then it would run the requirement of the legal protection equality contrary, from the without means one because of missing chance of success of his desiring process cost assistance to withhold (see BVerfG, NJW 2004, page 1789 m.w.N.).

SG Berlin S 37 AS 12025/05 of 13.10.2006

A requirement on fulfilment of the validly made special requirements in form of a subsidy for rule achievement cannot be justified in the SGB II, for the avoidance of a Ausgrenzung of the family is it however required, a loan to be granted, whereby the clearance granted in § 23 exp. I SGB II for the definition of the instalments (” up to 10 per cent”) in condition-conformal interpretation on zero
to determine is.

The validly made special requirements for the learning aids and school materials belong systematically - conclusion out § 23 exp. 3 SGB II - to a need, which is to be added to current living costs, i.e. the component of the rule set supplemented in relation to the earlier right of the social welfare assistance around an aid lump sum is.

It lies here however in an order of magnitude proven by the plaintiff by purchase receipts, which excludes it in view of the Gesamtkalkulation of the need positions of the rule sets that he can be denied from the rule set. The large number from contentious proceedings to aid achievements in the SGB II shows that the lump sum for the multiplicity of a mark achievements, which a household brings with children despite socialadequate adjustment to modest living conditions with itself built in the rule sets, is insufficiently out-arranged (see in addition Knickrehm, social right up-to-date 2006, P. 159 FF).

For the avoidance of a Ausgrenzung of assistance-needy humans a compelling need exists to supplement the rigid SGB ii-rule sets around further achievements. In the SGB II goes only over loans, whereby against the condition of the unavoidableness no all too high demand may be made and the danger the assistance needyness adapted repayment regulation is to be met a postponed need understocking with one. Ii-achievement-entitled a bad position of SGB opposite social welfare assistance subscribers, to which with the more moderate regulation § 37 exp. 2 SGB XII it is helped if it concerns Regelsatz Zusatzbedarfe, about which with view of § 27 exp. 2 SGB XII (see BVerwG, judgement of 28.3.1996, info. thus 1996, P. 199 f) it is to be gone out here, cannot essentially not be justified.

With the condition for achievement no only passing assistance needyness is given the earning power and it can be also not typically subordinated in view of the situation on the job market that SGB Ii-achievement-entitled higher already ability than SGB XII subscriber has; with humans, who come from the social welfare assistance, like here, is obvious. Kind 3 GG orders therefore already on awarding the loan a repayment regulation oriented at the avoidance of durable indebtedness, also the clearance leaves for a guess-free loan.

A reference to the “assistance in special situations in life”, concerned by the achievement exclusion § 5 exp. 2 SGB II, in particular the catching regulation § 73 SGB of the XII settled there, is not possible not, since § for it does not serve 73 SGB XII, out-arranged rule sets insufficient to supplement (see Berlit, LPK-SGB XII, § 73 Rdnr. 6). Besides § 73 SGB are XII as bare estimation regulation out-arrange, which the Sonderbedarfen here in controversy does not become fair.

An awarding as loan-free special requirements in similar use of § 23 exp. 3 SGB II or in analogy too § 28 exp. 1 sentence 2 SGB XII does not consider the chamber already passable before the aggravation §§ of the 3, to 20 SGB II in the development law.
Therefore only the way remains over a loan after § 23 exp. I SGB II a decree in the discretion of the deplored one after § 44 SGB II is on appropriate request judicially - however only limits (see for the similar regulation § 76 SGB of the IV LSG Baden-Wuerttemberg, judgement of 16.12.2005 - L 8 aluminium 4537/04, pending with the BSG under B 7a17 aluminium 98/04 R in the system of the SGB II) - examinably, at present however not the subject of the complaint on grant of the special requirements.

With the height of the need which can be recognized the chamber oriented itself at the amounts, which the social welfare assistance carrier had furnished in the previous year.
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