Federal social court: hartz iv is constitutional

Federal Social Court: hartz iv is constitutional

"The level of the standard requirement for single persons has not been set too low by the legislature in an unconstitutional manner," said senate chairman peter udsching. The plaintiff’s arguments were just as unconvincing as a decision by the berlin social court, which considers the standard rates to be too low and therefore unconstitutional. (az: B 14 AS 153/11 R and B 14 AS 189/11 R).

The new hartz IV rates were effective as of 1 january 2009. Came into force on january 2011 and were slightly increased at the beginning of 2012. They are currently 374 euros for singles and 337 euros each for couple households. The federal constitutional court had overturned the previously valid calculation, which resulted in somewhat lower rates, as arbitrary and demanded new bases.

The complaint was filed by a single woman from the rhein-neckar district (baden-wurttemberg), who was initially granted hartz IV benefits of 359 euros by the job center, and then 364 euros from 2011 onwards. This is unconstitutional, she argued, the subsistence level is not guaranteed even after the recalculation. The legislature may, in principle, lump sum benefits. The good and services had to be valued in line with the market, however.

The woman demanded 1000 euros a month in support. Among other things, compensation for the increase in value-added tax from 16 percent to 19 percent is missing. The woman’s complaint had already failed at the social court and the state social court.

Also in vain is another hartz-IV-recipient up to the federal social court pulled. She had tried to sue for 20 cents more per month, citing "rounding errors" by the job center in the calculation. The rate had been calculated correctly, but not rounded up to a full euro amount. Kassel court rejects complaint as inadmissible. A spokesman for the court said that there are cases that are so small in value that there is no need for legal protection (ref: B 14 AS 35/12 R). The lower courts had still ruled in favor of the woman.


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