Court decides: Lamented citizens' benefit of the single people rejected!

Court decides: Lamented citizens' benefit of the single people rejected!

On May 4, 2025, the decision of the State Social Court of North Rhine-Westphalia (LSG NRW) caused excitement, which was made in three decisions on April 2, 2025 (file number: L 2 AS 1358/24 B, L 2 AS 1621/24 B, L 2 AS 1643/24 B). A single woman who receives citizens' money in accordance with the SGB II from the JobCenter Märkischer Kreis complained against the approval notices for the years 2023 and 2024. She was of the opinion that the regular requirements were too low and submitted an objection. However, your application for legal aid was rejected by the Dortmund Social Court. The LSG rejected the symptoms and found that the applicant's rights would not have sufficient prospect of success.

like Lokalkompass.de , the contested notices were considered legitimate after the summary examination. The court argued that the legally stipulated standard requirement corresponds to the constitutional requirements and that the increase in requirements on January 1, 2023 and January 2024 could not be evaluated as inadequate. The legislature has scope when designing the services to ensure the subsistence level.

legal situation and specifications

The current legal situation was examined in further decisions by the state social courts. In a judgment of September 25, 2024, the LSG Niedersachsen-Bremen found that the Delmenhorst municipality had a conclusive concept for determining the appropriate costs of the accommodation, which was sufficient for the requirements of the Federal Social Court. In contrast, the legal aid for higher regulatory rates of citizens' gates in 2023 and 2024 was rejected, since the standard requirements rates were not evident in insufficient, as the LSG North Rhine-Westphalia decided on September 16, 2024.

This situation illustrates that the dishes have different perspectives on the subject of the standard requirements. The LSG Baden-Württemberg found in a current judgment that the garage surcharge can only be asserted since the case law of the Federal Social Court of May 19, 2021. This legal environment is crucial for the clarification of the claims of citizens' gates.

increase in standard requirements

The adjustments to the standard requirements have a comprehensible background. From January 1, 2024, the control rates in the citizens' benefit and social assistance will increase by over 12%, such as the Federal Government.de . This increase also applies to the performance ratios in the Asylum Seekers Benefits Act, provided that these are granted as a cash benefit. The reform of the civil allowance, which was introduced in early 2023, aimed to take into account the increasing living costs and to improve the financial situation in need of help.

The calculation basis for the standard requirements has been revised, so that in addition to price and wage development, inflation is also taken into account more intensively. The next income and consumer sample (EVS) took place in 2023, its results are expected in 2025 and should continue to be used to update the standard requirements.

Despite this progress, the LSG's decision shows that discussions about the appropriateness of the standard needs and the rights of the citizens of the citizens continue to be on the agenda.