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. 101 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. 102 (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 […]. 103 (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- 104 18/29

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