The so-called resident energy allowance (EEG) of the city of Kassel in the amount of 75 euros will not be counted towards the citizen’s allowance. This was decided by the Hessian State Social Court in Darmstadt.
In 2022, the city of Kassel decided to pay its residents a one-off resident energy allowance (EEG) of 75 euros per person upon request. This was intended to alleviate the burden of increased energy costs due to Russia’s war against Ukraine. However, it was unclear whether the benefit would be credited towards the citizen’s allowance.
Jobcenter saw EEG as income
A family with four underage children also received the grant. The job center then reduced their basic social security benefits. The authority argued that the EEG served the same purpose as the benefits under the SGB II and should therefore be considered as income.
City’s view confirmed by ruling
The affected family, however, pointed out that it was a dedicated payment. The Kassel City Council also believes that taking the EEG into account is grossly unfair and represents a particular hardship, which is why the city, as the responsible provider of social welfare benefits, does not count the grant as income.
Revision is still possible
The State Social Court has now decided that the EEG should not be counted as income. It is a grant that the city of Kassel has granted to all citizens without there being any legal or moral obligation to do so. The benchmark is that the grant does not exceed ten percent of the respective standard needs. The State Social Court has allowed an appeal.
