(b) Household expenses are then allocated to children and adolescents using distribution schemes. […]
[…]
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5. To be able to cover current needs at any time by means of the standard benefits,
the amount of these benefits is recalculated […] following each new income and consumption survey, and new rates are set or, in the intervening years, updated on 1
January each year. […].
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a) […] The relevant percentage is no longer, as under previous arrangements, tied 31-32
to the current pension value under the statutory pension insurance scheme […], but
to the average national development of prices of goods and services that are relevant
in terms of standard needs as well as to average national net wages and salaries […].
These developments are shown in a mixed index 70 % of which is price development
and 30 % of which is the development of wages and salaries […], as, according to the
legislative memorandum, the movement of prices secures the real value of the benefits providing for the minimum physical existence, while the movement of wages and
salaries reflects the general level of prosperity. […]
b) […] Separate updates took place for 2011 and for 2012.
aa) […] The following are the values of the Standard needs levels since 2011 (in
EUR):
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[…]
bb) […]
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6. […]
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II.
1. a) The case submitted for review by the Social Court in proceedings 1 BvL 10/12
is based on a complaint by married parents and their child, who received benefits under the Second Book of the Code of Social Law to secure their minimum existence for
the period from January 2011 to June 2012. These benefits were based on monthly
standard needs assessed for the parents for 2011 at EUR 328 each and for 2012 at
EUR 337 each, and for the minor complainant, who was a student at a Gymnasium at
the time, of EUR 287 in both years. In August 2011, the student also received EUR 70
for school necessities. The case was originally brought to receive higher benefits securing a minimum level of existence under the Second Book of the Code of Social
Laws, taking account of higher standard needs.
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b) […] The Social Court considers that the legal provisions concerning standardised
needs for adult male and female partners in a community of need (Bedarfsgemeinschaft) on the one hand, and on the other hand for adolescents aged 15 to 18 are incompatible with Art. 1 sec. 1 in conjunction with Art. 20 sec. 1 GG. […]
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