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No more claims for citizens' benefit: judgment on disability pension!
The LSG Berlin-Brandenburg decided that disability pension excludes the receipt of citizen's benefit, important details about social assistance.
No more claims for citizens' benefit: judgment on disability pension!
A recent decision by the Berlin-Brandenburg State Social Court is causing a stir among recipients of citizens' benefit 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 citizen's benefit within the framework of the Social Security Code II (SGB II). This ruling particularly affects those affected whose ability to work is limited due to health restrictions.
The central question was: Are recipients of a full disability pension still entitled to receive citizen's benefit? The plaintiff, a qualified engineer who had been receiving unemployment benefit II since 2008, applied for a disability pension in 2020, which was approved from January 2021. After this approval, the job center revoked its SGB II benefits from December 2021, which led to the lawsuit. The Frankfurt (Oder) social court rejected the lawsuit in September 2022 and confirmed the job center's decision. The plaintiff then filed an appeal with the State Social Court, which was also rejected.
Elimination of the need for help
The court determined that the plaintiff was no longer able to work due to his complete disability and was therefore no longer entitled to SGB II benefits. Subsistence and basic financial security are guaranteed by the disability pension and, if necessary, social assistance. According to Section 7 Paragraph 1 No. 3 SGB II, there is no need for help when drawing a pension. This judgment underlines the statement that responsibility for financial support is transferred to the social welfare agency with the approval of a disability pension.
Another important aspect is that the plaintiff's claim that he wanted to continue receiving citizen's money and an education voucher for retraining could not be maintained. Education vouchers can only be granted within SGB II, and if the entitlement no longer applies, the possibility of receiving these vouchers also no longer applies. The decision also highlights the complexity of social law in Germany.
Social security and basic security
Citizens' money was originally designed as basic security for people who are able to work. Anyone who is no longer able to work at least three hours a day falls out of this regulation and is instead entitled to basic security according to SGB XII. A large part of the population is often not aware of these differences. For pensioners and people who are permanently unable to work, there is basic security in old age, which must be guaranteed independently of citizens' benefit.
The court's decision has far-reaching effects on those affected. They now increasingly have to turn to social welfare offices to apply for help. The increase in standard rates compared to Hartz IV also plays a role here, which is why many people who are dependent on social benefits are made more aware of the need for a clear information policy from the authorities.
Overall, the judgment shows that citizens' benefit and basic security in Germany have clear limits and that for many people, especially those with mental and physical illnesses, it remains a challenging situation characterized by complex legal framework conditions.