Hartz V recipients - despite a special regulation due to the COVID 19 pandemic - may not permanently live in housing that is too expensive. This was recently decided by the Regional Social Court (LSG) of North Rhine-Westphalia. The reason for this is that the so-called "SGB adequacy test" can be suspended for a maximum of six months.
After that, § 22, Book 2 of the German Social Code (SGB) applies again. This states the following: "Needs for accommodation and heating are recognized in the amount of the actual expenses, insofar as these are reasonable. If the expenses for accommodation and heating increase after a move that is not necessary, only the previous need will be recognized."
In the case at hand, a family from Detmold occupied an apartment. The warm rent for this amounted to 1,350 euros. This was too much, as the job center found and pointed out. After the end of the second allowance period, it therefore paid only 1,000 euros. The family appealed against this decision. The Detmold Social Court ordered the job center to pay the entire rent for the time being. However, the job center then filed an appeal with the LSG and was proven right. This means that the family has to move into a cheaper apartment.
Source: lsg.nrw.de
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