No more civil allowance claims: judgment on the disability pension!

No more civil allowance claims: judgment on the disability pension!

A current decision by the Berlin-Brandenburg State Social Court causes excitement under the recipients of citizens' money in Germany. On February 26, 2025, the court (file number L 18 AS 947/22) decided that people who receive a full disability pension are not entitled to civil allowance within the framework of the Social Code II (SGB II). This judgment particularly affects those affected, which are limited due to health restrictions in their employability.

The central question was: Are recipients of a full disability pension still entitled to obtain citizen benefit? The plaintiff, a graduate engineer who has received unemployment benefit II since 2008, submitted an application for a disability pension in 2020, which was granted to him from January 2021. After this permit, the job center overturned its SGB II services from December 2021, which led to the lawsuit. The Social Court of Frankfurt (Oder) rejected the lawsuit in September 2022 and confirmed the decision of the job center. The plaintiff then appealed to the State Social Court, which was also rejected.

elimination of the need for help

The court found that the plaintiff, due to its full disability, is no longer able to work and therefore there is no entitlement to SGB II services. A living and fundamental financial security are guaranteed by the disability pension and, if necessary, social assistance. According to Section 7 (1) No. 3 SGB II, there is no need for help when a pension is drawn. This judgment underlines the statement that the responsibility for financial support is passed on to the disability pension to become a social welfare institution.

Another important aspect is that the plaintiff's claim to continue to receive citizenship and an educational voucher for retraining was not to be maintained. Educational vouchers can only be granted within SGB II, and with the elimination of the claim, there is also no possibility of receiving these vouchers. The decision also illustrates the complexity of social law in Germany.

social security and basic security

Citizens' allowance is originally designed as a basic security for people who can be employed. Anyone who is no longer able to work at least three hours a day falls out of this regulation and instead is entitled to basic security according to SGB XII. Much of the population is often not aware of these differences. For pensioners and permanently employed people, there is basic security in old age, which must be guaranteed regardless of citizen benefit.

The court's decision has far -reaching effects on those affected. These now have to contact the social welfare offices to apply for help. The raising of the control rates compared to Hartz IV also plays a role here, which is why many people who rely on social benefits are more to be seen in mind the need for a clear information policy on the part of the authorities.

Overall, the judgment shows that civil allowance and basic security in Germany have clear limits and that for many, especially for mentally and physically ill people, it remains a challenging situation that is characterized by complex legal framework.