Studying time 4 minutes
In precept, workplaces should pay the personal accountability that the employer should pay (BSG, judgment June 30, 2021 – B 4 AS 76/20 R; in response to the case regulation of a number of state social courts (cf. along with the regulation).Decrease court docket LSG Hesse, judgment of 5 August 2020 – L 6 AS 581/18;
additionally LSG Hamburg, judgment of 08/09/2012 – L 4 AS 367/10 and in reference to LSG Potsdam, judgment from. November 19, 2008 – L 10 AS 541/08 – ).
If these are extra rental contract prices that can not be averted for the beneficiary, the prices for the tenant’s legal responsibility insurance coverage required by the owner are additionally among the many lodging necessities and lodging to be acknowledged in accordance with Part 22 Paragraph 1 Sentence 1 SGB II
Heating
The prices for legal responsibility insurance coverage are extra prices that aren’t liable. Case regulation has confirmed the thought with a fundamental safety supplier for jobseekers in a number of case constellations (cf. BSG, judgment of Might 7, 2009 – B 14 AS 14/08: use tax for a kitchen facility; BSG, judgment in February 19, 2009 – B 4 AS 48/08 R: Cable prices).
Personal legal responsibility insurance coverage premiums are lodging prices in response to Part 22 Paragraph 1 SGB II
The prices for legal responsibility insurance coverage are extra prices that aren’t liable.
Case regulation has confirmed the thought with a fundamental safety supplier for jobseekers in a number of case constellations (cf. BSG, judgment of Might 7, 2009 – B 14 AS 14/08: utilization tax for a kitchen facility; BSG, judgment in February 19, 2009 – B 4 AS 48/08 R: Cable prices).
Extra prices that the tenant (profit recipient) can’t cancel on their very own
Lodging prices that aren’t owned by the beneficiary throughout the which means of Part 22 Paragraph 1 SGB II embody the lease together with these prices that come up from the rental settlement and can’t be averted to the beneficiary, ie from which they don’t launch themselves contractually or from. that they can’t terminate it by themselves (st. authorized case, cf. BSG, judgment of October 19, 2010, B 14 AS 2/10 R; BSG, judgment of Might 7, 2009, B 14 AS 14/08 R) .
Above all, the idea of storage prices included within the rental settlement is acknowledged.
Any prices for furnishings when renting furnished lodging, which may be said individually within the rental settlement, are additionally a part of the necessities in response to Part 22 SGB II (BSG, judgment Might 7 , 2009, B 14 AS 14/08 R).
Because of this connection of prices with actual housing wants, it’s also cheap to think about the prices of the tenant’s personal legal responsibility insurance coverage as lodging prices throughout the which means of Part 22 Paragraph 1 Sentence 1 SGB II if the rental settlement requires tenant to take out such insurance coverage.
Dwelling contents insurance coverage shouldn’t be a value that may be included as lodging prices.
Even in a rental settlement, this isn’t determined by the owner and given to the tenant. At most, it’s a price that may be deducted throughout the space of revenue era (cf. LSG North Rhine-Westphalia, choice of November 19, 2009 – L 7 B 234/09 AS – and LSG Saxony-Anhalt, November choice). 30, 2011 – L 2 AS 229 /11 B ER).
Non-reimbursement of the prices for family contents insurance coverage within the owner-occupied dwelling corresponding to lodging and heating prices (Bay LSG, choice Might 3, 2018 – L 11 AS 255/18 NZB -)
A landlord doesn’t take out contents insurance coverage for a tenant’s contents.
Contributions to that insurance coverage, which additionally protects family contents, should not included in lodging and heating prices (cf. LSG Saxony-Anhalt, choice of November 30, 2011 – L 2 AS 229/ 11 B ER; this additionally applies to housing contents and glass: LSG North Rhine-Westphalia, choice 19 November 2009 – L 7 B 234/09 AS NZB).
Dwelling contents insurance coverage prices as an extra hardship requirement from the office?
Principally no, as a result of it isn’t an inevitable want.
Substitute prices are included in the usual fee
The appliance is for the Extra necessities pursuant to Part 21 Paragraph 6 SGB 2 because of an unavoidable persevering with particular want can’t be acknowledged if the claimed want (on this case the prices of family contents insurance coverage) shouldn’t be in any other case coated.
Nevertheless, the prices of changing or repairing family items attributable to regular put on and tear are often included in the usual necessities and subsequently coated elsewhere.
In SGB II utility if injury is completed to particular wants corresponding to
Authentic clothes or family tools
If the alternative or restore of family contents is important attributable to particular circumstances, particular wants have to be offered in accordance with Part 24 Paragraph 3 S 1 Numbers 1 and a couple of, S 2 SGB 2 (authentic tools for housing and clothes), at The identical dangers may be thought of as home contents insurance coverage, protection.
Subsequently the prices of insurance coverage of family contents should not an unavoidable necessity in response to the which means of Part 21 Paragraph 6 SGB 2.
Choice
Family contents insurance coverage prices should not coated by the office for residents’ profit/fundamental safety in response to SGB II.
An individual who receives the profit can apply in particular conditions corresponding to injury to the office in a particular scenario, the legislature has created a regulation that permits these affected to use for brand spanking new authentic housing tools , eg Me if there’s a hearth in a home or new garments if garments are misplaced.
Companies to restore storm injury are lodging bills
Companies to restore storm injury are additionally to be offered as a subsidy to office lodging providers in accordance with Part 22 SGB 2 (eg floods).
It’s potential to cowl the prices of repairing hail injury to householders in response to Part 22 Paragraph 2 SGB II as upkeep prices.
What’s my ultimate recommendation for you?
If the owner is required to take out personal legal responsibility insurance coverage within the rental settlement – which has been rising considerably lately – insurance coverage premiums have to be coated by the office as a alternative price. – wait
The office doesn’t essentially cowl the prices of family contents insurance coverage.
Within the occasion of injury, you possibly can apply for reimbursement of prices from the office in lots of circumstances.
Examples of this
1. If garments are stolen from the home, from the garments line – declare for authentic garments attributable to complete loss
2. Within the occasion of injury to the constructing (floods, hailstones), these have to be borne by the work heart as upkeep prices in response to Part 22 Paragraph 2 SGB II.
3. If the stroller was stolen from the corridor and the beneficiary didn’t have family contents insurance coverage, it could make certain that there could be a declare for advantages towards the office.
A ultimate observe
The office should guarantee particular situations as particular wants in response to Part 24 Paragraph 3 Sentence 1 No. 1 and a couple of the primary various SGB II if the recipient of the profit doesn’t have family contents insurance coverage.
Detlef Brock is an editor at Gegen-Hartz.de and at social affiliation Tacheles eV. He creates the authorized ticker at Tacheles as soon as every week. He has been practising social regulation independently for 17 years now.
2024-07-28 10:15:44
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