I.
1. The Act on Determining Standard Needs of 24 March 2011 […] entered into force
with retroactive effect on 1 January 2011, subject to its Art. 14 sec. 2 and sec. 3. […]
2
2. The right to a basic existence provided for in the Second Book of the Code of Social Law for persons seeking work is aimed at ending, or at least reducing, the need
for assistance by means of “integration into work” […] and aimed at providing for a
person’s subsistence. […] The benefits paid to secure subsistence […] are intended
to cover needs that are acknowledged by the legislature and secure minimum subsistence for a dignified existence.
3
a) § 19 SGB II sets out who may receive such benefits and which needs are fundamentally recognised. Benefits are paid to claimants who are able to work, between
the age of fifteen and, usually, the end of the month in which they reach the age of 65,
and who will not, in the foreseeable future, be unable to work for at least three hours a
day under average employment conditions They must be in need of assistance and
usually reside in Germany (§ 7 sec. 1 sentence 1 SGB II).
4
b) The legislature conceived the standard benefits to differentiate between various
different needs. The point of departure is the right to benefits securing subsistence for
standard needs (Regelbedarf) as defined in § 20 SGB II, as well as certain additional
needs (§ 21 secs. 2 to 5 and § 23 nos. 2 to 4 SGB II), benefits to cover reasonable actual expenses for housing and heating (§ 19 sec. 1 sentence 3 SGB II), and a lump
sum for decentral warm water (§ 21 sec. 7 SGB II). Additional benefits may be
claimed to cover further special needs that are unavoidable, recurrent and not merely
single instances (§ 21 sec. 6 SGB II). For non-recurring and unavoidable needs generally but in fact not adequately or not always covered by the standard benefits, a
loan may be granted (§ 24 sec. 1 SGB II), which must be repaid from the month following its advancement at a monthly rate of 10 % of the relevant standard benefits
(§ 42a sec. 2 sentence 1 SGB II). Those in need may also claim certain one-time expenses […]. Lastly, since 2011, a separate need for education and social participation of children, adolescents and young adults has been recognised in § 28 SGB II.
5
3. The amount of standard benefits is determined in § 20 secs. 2 to 4 SGB II supplemented by § 23 no. 1 SGB II. Benefits are intended to secure a minimum level of
physical and socio-cultural existence. […]
6
a) Existential needs are supposed to be covered by a monthly lump sum […]. The
legislature proceeds from the assumption that the lump sum allows a claimant to
make adjustments within this payment to cover various items of need that do not always occur or do not occur for all claimants […].
7
b) The standard needs benefits take into account differences as to the age and living situations those in need. […]
8
c) There are separate arrangements for benefits for education and participation in
social and cultural life in the community […]. The reimbursement of certain costs is
9
6/29