is, standard needs level 2 for two adults eligible for benefits living together as spouses or civil partners or in relationships of a similar character […]. The Federal Constitutional Court has decided, regarding this question of communities of need, that
the needs of a second adult may be defined as 80 % of the statistically determined
needs of a single person (cf. BVerfGE 125, 175 <245>), since the collection of data
from households is appropriate for determining actual need for such living situations
as well. Accordingly, there is no objection to setting the standard needs of adults living together in a joint household at 90 % of the level […] of basic needs for a person
living alone.
dd) There are no serious constitutional objections to the calculation of standard
needs benefits using the reference group of family households. The objection that
these have not been properly determined is not justified. There is no indication that
the size of the sample would not be large enough to statistically determine standard
needs. The level of standard benefits paid to secure minimum existence can be viably
justified even if not every value is shown numerically, regardless of any data privacy
considerations (see C II 2 d aa above). The values of fields marked as neutral are taken into account in the total calculation […], which means that that no deficits occur
that are constitutionally relevant.
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ee) The legislature has […] removed such households from the calculation that
would effectuate circular arguments in the assessment of needs to secure minimum
existence (cf. BVerfGE 125, 175 <236>) because they are themselves in need of assistance. Minimum needs cannot viably be assessed on the basis of those very people who have to manage with as much or less financial means than they are entitled
to in order to secure their existence.
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(1) The data collection process does not allow to consider households whose net income is below the level of the benefits allocated in the Second Book of the Code of
Social Law and the Twelfth Book of the Code of Social Law, including benefits for
housing and heating, are removed from the calculation of the level of benefits to cover
standard needs (cf. BVerfGE 125, 175 <236 and 237>). No households are taken into
account in which persons live that are eligible for benefits, who in the survey period
[lived on benefits and] who had no other income. As a result, 8.6 % of households, as
opposed to 0.5 % in 2003, have been removed from the reference group […].
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(2) The legislature has not removed those who have additional income besides benefits under the Second Book of the Code of Social Law or the Twelfth Book of the
Code of Social Law, mostly as “supplement” income from gainful employment […]. As
this additional income is only partially taken into account in the assessment of a reduction of need […] because of the associated deductions and permitted earnings allowances […], the total income of these households is above the welfare assistance
level covered by the Second Book of the Code of Social Law. However, these allowances themselves show that the additional money is needed in order to pursue
gainful employment and is not automatically at a households’ disposal to secure exis-
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