Hartz 4 (sgb ii) – overview

In this overview I list ca. 90 contributions to Hartz 4. In the listed articles I discuss frequently in connection with unemployment benefit II arising disputes.

The contributions should help you to solve problems in connection with the Hartz 4.

1. Basics, statistics, data protection

When did the SGB II come into force??
What are the tasks of the SGB II?
How many people are dependent on Hartz 4?

§ 1 Task of the basic support for job seekers
§ 6 d SGB II – Jobcenter

(Link: Content overview SGB II with links to the text of the law here on the website) Social Code II (basic security for job seekers) regulates the benefits to be calculated by the job center to the unemployment benefit II. The ALG II – shortened Hartz 4 called – was introduced to the 1. The Hartz 4 system was introduced on January 1, 2005 and merged the former unemployment assistance and social assistance. The SGB II had to be reformed already several times since the entry into force. The legislator had to adapt the organizational structure and the need rates after objections and after judgements of the Federal Constitutional Court.

Hartz 4 is not only supposed to prevent poverty, but to enable the beneficiaries to lead a life that corresponds to the dignity of the human being, § 1 Task and goal of the basic security for job seekers

(1) The task of basic security for jobseekers is to enable those entitled to benefits to lead a life that corresponds to human dignity ..

How to apply for social benefits to Hartz 4?

2. Standard requirement

Stick figure next to light bulb

How much is the standard need?
What are the standard needs levels?

The Standard requirements amounts to for the single benefit-entitled monthly 449,00 € (Status: 2022). The standard requirement is regularly set at the 1. January adapted. The standard requirement is based on the development of net wages. The standard requirement is statistically calculated according to consumption expenditure.

Bar chart: consumption expenditures relevant to regular needs (as of 2013)

Until 2011, a standard rate applied in accordance with the standard rate ordinance.

Single persons and single parents receive benefits according to the Standard needs level 1 (449 euros – status: 2022), adults in a marriage and civil partnership according to Standard requirement level 2 (404 euros – as of 2022), single people up to the age of 24 after Standard requirements level 3 (360 euros – as of 2022), children according to the standard needs levels 4 to 6 (376 to 285 euros – as of 2022). ..

On the contribution sides you can ask and comment free of charge questions as well as answer questions of other readers themselves!

Please you have understanding that I answer already from time reasons only short and simple questions to a simple circumstance. Some questions I will not be able to answer due to time constraints. Please refrain from telephone inquiries!

This website can only provide first advisor its. This website cannot and should not replace legal advice. This applies in particular to an objection procedure against a job center and a corresponding complaint before the social court. Without knowing the exact facts a useful answer is not possible. Often the facts of the case are so complex that a meaningful answer is not possible without the submission of further documents. Often a personal interview is necessary. Not infrequently, an inspection of the authority file is also required.

Please check before a question, whether you cannot already answer your question yourself on the basis of the existing contributions! You can use the overview pages (cf. home page) as well as the keyword index (cf. "more on the topic" under the posts) to get an overview of the issues already covered here.

Please also make sure to include a Question in the appropriate context, so in the appropriate contribution to put! For technical reasons, it is not possible for me to move questions to another post.

p.s.I am unfortunately forced to ask a question or. manually release a comment. This can take a few days. Otherwise the contributions would "sink into spam".

3. Costs of accommodation

two stick figures with labyrinth in speech bubble

The SGB II does not define the term "accommodation". The costs of appropriate housing shall be replaced. § 22 Requirements for accommodation and heating

(1) Needs for accommodation and heating are recognized in the amount of the actual expenses, provided that these are reasonable. ..

(Link: Law text here in the Internet appearance) § 22 Abs. 1 SGB II regulates in summary the achievements regarding the accommodation. Here it is to be clarified, in which height the job center must replace the costs of the accommodation and which costs are seized thereby at all.

a) appropriate size of the apartment

Up to which apartment size the job center must take over the costs completely?

50 sqm a person entitled to benefits may occupy alone. For each additional person increases the need by 15 sqm.

b) reasonable costs of accommodation

In which height the job center must take over the costs of the accommodation?
What rent is appropriate?

The answer depends on the regional housing market ..

c) additional costs

In what amount must the ancillary costs be reimbursed?

Also the additional costs as well as demands of the landlord from additional cost accounts are to be considered by the job center with the assessment of the achievements.

d) general questions about the costs of accommodation

Do moving costs have to be reimbursed?
In which height costs of the free-hold apartment must be replaced?

In practice, there are a number of disputes about the reimbursement of accommodation costs. This applies in particular to questions relating to the replacement of the costs of a move, the replacement of the costs of a condominium, ..

– move

Stick figure leaning at light bulb with raised forefinger

Before concluding a contract for new accommodation, the person entitled to benefits should obtain the assurance of the local authority responsible for the new accommodation that the expenses for the new accommodation will be taken into account, § 22 needs for accommodation and heating

(4) … The municipal agency is obliged to provide assurance if the expenses for the new accommodation are reasonable.

– condominium

– Cancellation of the apartment

– General

4. Additional requirements

For what are additional needs granted?
In what amount are benefits for additional needs granted?
How are additional needs calculated and paid out?

(1) Additional needs include needs according to paragraphs 2 to 7, which are not covered by the standard needs …

In the case of social benefits, the following additional requirements apply: ..

(Link: legal text here on the website) 23 SGB II regulated. The Hartz 4 recipient is entitled to additional needs if the need in addition to the standard need To ensure the livelihood and the costs of the apartment available.

Expectant mothers receive an additional need amounting to 17 percent of the applicable standard need (73.44 euros per month – as of 2020), single parents with children under 7 years of age or with two or three children under 16 years of age receive 36% (155.52 euros – as of 2020), cf. § 21 Abs. 2 and para. 3 No. 1 SGB II. As far as warm water is produced decentralized with electricity, an additional need applies at a value of 2.3 per cent of the standard need (9.94 euro – conditions: 2020), § 21 exp. 7 SGB II. People with disabilities ..

The Initial equipment is according to the legal system "actually no additional need. Additional need is only what is not covered by the standard requirements is covered, cf. § 21 Additional needs

(1) Additional needs include needs under paragraphs 2 to 7, which are not covered by the standard need.
(2) ..

(1) If, in an individual case, a need that is covered by the standard need to ensure subsistence and is unavoidable under the circumstances cannot be met, ..

(Link: to the text of the law here on the website) § 24 Abs. 1 S. 1 SGB II. The formulation in § 24 para. 3 S. 1 SGB II, however, excludes the following under nos. 1 to 3 expressly mentioned first equipment and repairs expressly from the standard need after ? 20 SGB II from. These benefits are "provided separately", § 24 Deviating provision of services

(3) .. . Benefits for these needs are provided separately. ..

5. The concepts of income and wealth

Income and assets are to be used with priority. It is often questionable which income and assets and in which amount income and assets are to be used.

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