Under the challenged provisions, however, monthly lump sum benefit payments are
calculated in such a way that not all consumer expenditure recorded in the income
and consumption survey for the reference households belonging to the lower income
groups is recognised as necessary to secure the existence minimum. Instead, for single persons the legislature takes into account EUR 132 less, thus in total just 72 %,
and for children, depending on their age group, between EUR 69 and EUR 76 less
and thus 75 % and 78 % respectively […]. While not recognising certain items of consumption as needs can be justified (see C II 2 e above), the legislature’s removals of
such a scale reach the very limit of what is constitutionally required to secure minimum existence. If the legislature requires persons in need to balance internally, to
make savings or even to take a loan to cover existential needs, it must ensure that
this is in fact possible by providing the financial means or ensure that needs be covered otherwise.
121
g) There are no fundamental constitutional objections to the way standard needs of
levels 4 and 6 are fixed. As nobody involved in the initial proceedings falls within the 7
to 14 age group (standard needs level 5), this group is not subject to review in the
present case.
122
aa) The objections to classification into age groups for determining the standard
needs of children and adolescents are not justified. By distinguishing three age
groups, the legislature has taken reasonable account of the phases of child development and oriented its classification to robust scientific and practical findings (see A I 4
c bb 2 a above). There were no urgent constitutional reasons to again change the differentiation of age groups which already applied previously, since standard needs are
now no longer set arbitrarily for “small adults” (cf. BVerfGE 125, 175 <246>).
123
bb) There is no constitutional objection to determining the standard needs for securing the existence of children and adolescents by way of a distribution scheme (cf.
BVerfGE 125, 175 <249 and 250.>). Since no data is collected on their expenses in
detail, the legislature uses distribution schemes to allocate expenses of family households mathematically to the adults and the child or adolescent […]. These distribution
schemes have been worked out on behalf of the competent ministry, determined in
model calculations by the Federal Statistical Office and confirmed in a scientific study
by the Ruhr University of Bochum, about which the Federal Government gave a report to the Bundestag […]; they have thus been established in a way that in itself
stands up to scrutiny.
124
cc) The objections to the specific levels of average expenses for children and adolescents determined in this way do not necessarily mean that the provisions submitted for review currently violate the Constitution. Needs may have to be secured interpreting statutory law in conformity with the Constitution if needs are not covered by
other means. The legislature is obliged here, too, to take any serious doubts as to the
covering of needs into account (see C II 2 f above).
125
(1) There is no objection to the level of standard needs set in level 6 for children enti-
126
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