covered by benefits for schoolchildren, and there is a monthly budget of EUR 10 […]
for social and cultural activities for children and adolescents, which can be used for
certain existing offerings […]. In exceptional cases, other costs actually incurred by
using such offerings can now, since August 2013, also be covered […].
[…]
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4. In the challenged provisions, the legislature has redrawn the assessment of standard needs following the decision of the Federal Constitutional Court of 9 February
2010 (Decisions of the Federal Constitutional Court, Entscheidungen des Bundesverfassungsgerichts – BVerfGE 125, 175). Standard needs are no longer set by means
of regulation, or in an ordinance […], but […] set by a law passed by Parliament. Standard needs are determined on the basis of data collected on the consumption expenditure of certain households, supplemented by special evaluation factors (a) to establish certain standard need levels (b). However, not all items of expenditure recorded
in the income and consumption survey (Einkommens- und Verbrauchsstichprobe)
are recognised as standard needs (c).
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a) Standard needs shall be determined in accordance with the level and development of net incomes, consumer behaviour and living expenses […]. This is done on
the basis of the […] income and consumption survey. This survey collects data on the
income and expenses, assets and debts of private households, the consumer goods
they have and their living situation. […].
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aa) The amount of standard benefit is based on the expenditure of certain “reference households“ that are classified by income. The legislature distinguishes between one-person households and family households, defined as a couple with a
child. […] The legislature has decided not, as previously, to use as reference households the lower 20 % of one-person households classified by their income excepting
those households receiving benefits, but the lower 15 %. In the family households,
the legislature has likewise fixed the standard needs of adults based on this 15 %,
while basing the standard needs of children and adolescents on the consumer expenses of the bottom 20 % of family households.
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bb) Certain households are not taken into account as reference households, namely
households in which the only income within the reference period consisted of benefits
[…]. However, households in which other additional income was available, mostly
“supplement” income from part-time working, and households including students receiving benefits under the Federal Educational Assistance Act (Bundesausbildungsförderungsgesetz) […], are included. Nor are households removed of persons who
have formerly received unemployment support or unemployment benefit or households that are in need of benefits to secure their subsistence but have not claimed
such benefits (“hidden poverty”).
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[…]
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b) Six levels of standard needs are determined on the basis of the consumer ex-
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