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Citizens' money: Court ruling strengthens the recipient's rights against job centers!
The Landshut Social Court ruled in favor of a citizen's benefit recipient who refused to have the property inspected by the job center.
Citizens' money: Court ruling strengthens the recipient's rights against job centers!
In Germany, recipients of citizens' benefit must fulfill a duty to cooperate, which includes not only the obligation to provide information, but also to take part in measures for reintegration into the labor market. However, a recently reported case from Landshut breaks new ground when it comes to what information can actually be requested. The Landshut Social Court decided that a recipient of citizens' benefit did not violate applicable law when she refused to have her property assessed by the job center. Loud Mercury The obligation to cooperate is set out in paragraphs 60 to 67 of the first social code.
The court found that consent to the inspection of the property was not part of the obligation to cooperate. This means that the plaintiff can keep her social benefits since the conditions for possible denial are not met. “There is something to be said” – even if sanctions are often threatened in the context of citizens’ money, this case shows that not every demand is legal. However, if recipients of citizens' benefit do not fulfill their obligations, they are usually threatened with cuts in benefits, which can range from 10% to 30%, depending on the violation.
Obligations to cooperate in detail
The obligation to cooperate is a central component of citizens' money, which is binding for the recipients. These include, among other things, the obligation to be truthful, in which all relevant information such as personal data, income and living situation must be provided correctly. This also includes the notification obligation, whereby changes that could influence the amount of citizens' money must be reported immediately. Furthermore, the obligation to cooperate applies, which requires participation in appointments and measures. Finally, there is also a work obligation - any reasonable work must be accepted, accompanied by evidence of your own efforts in looking for work, the site explains buerger-geld.org.
However, it is important to note that job centers are not allowed to impose disproportionate requirements. This means that no one is responsible for information about third parties, such as separated spouses or adult children. And if sanctions are imposed, they must always be proportionate - complete cancellations of benefits are only permitted in exceptional cases. The individuality of the obligation to cooperate is also reflected in the fact that sanctions can only be applied to those who actually cooperate or whose cooperation has been refused.
Tips for those affected
Anyone who believes they are being treated unfairly should consider legal action. According to experts, it is advisable to have notices legally examined if a breach of duty is suspected. The right to be heard should also be used to present important reasons for one's own position. Advice centers or specialist lawyers are also available to assist those affected if job centers make unreasonable demands.
In times when the issue of social security and labor market integration is more in focus than ever, this case shows how important a clear legal situation and certainty about one's own rights are. Citizens' money is a complex issue and it is crucial that those affected are aware of their obligations, but also where their rights begin and end.