Hartz V recipients are not allowed to live permanently in housing that is too expensive - despite a special regulation due to the COVID-19 pandemic. This was recently decided by the North Rhine-Westphalia Regional Social Court (LSG). The reason for this is that the so-called "SGB appropriateness test" can be suspended for a maximum of six months.
After that, § 22, Book 2 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 an unnecessary move, only the previous requirement will be recognized."
In this case, a family from Detmold lived in an apartment. The warm rent for this amounted to 1,350 euros. Too much, as the Jobcenter found and pointed out. After the end of the second approval period, it therefore only paid 1,000 euros. The family lodged an appeal against this. The Detmold Social Court obliged the Jobcenter to provisionally pay the entire rent. However, the Jobcenter then lodged an appeal with the LSG and was proved right. This means that the family has to move into a cheaper apartment.
Source: lsg.nrw.de
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