Moving on Hartz4
September 9, 2010 | 25,00 EUR | answered by Steffan Schwerin
I am a single parent on welfare. Now I want to move, but the job center has rejected it with the reasoning that the move is not necessary. Now my question is: can I move without the approval of the job center? Because the job center has no additional costs... no security deposit and no moving costs. And the new apartment is appropriate in terms of costs (309) and costs exactly the same as the old one. What can I do now? I have already terminated and my old apartment has already been rented out again for 1st of October.
Dear questioner,
I answer the questions you asked taking into account the circumstances described and your commitment as follows:
According to § 22 paragraph 2 of the Social Code 2 (SGB II), the recipient of benefits should obtain approval from the competent authority before moving. This means, and this is particularly important, that an application for the assumption of costs for the new apartment must be submitted before the move.
In the context of the aforementioned norm, this is called "assurance.” The job center or employment agency must assure the assumption of costs for the new apartment in advance.
The application for this must be submitted at the current place of residence to the currently responsible authority, not yet at the new place of residence.
Whether the authority needs to approve the application depends on whether the move is necessary and whether the costs for the new apartment are reasonable. In making this decision, the authority may also request assistance from the authority at the desired place of residence.
These two positions, "necessary" and "reasonable," often lead to disputes. There is often a huge gap between the expectations of the benefit recipients and the authority regarding whether the move is necessary and if the costs for the new apartment are reasonable.
The entitlement to assurance requires, in addition to the appropriateness of the new accommodation, the necessity of the move. This can result from plausible practical considerations regarding accessibility to workplaces, daycare centers, etc., but also from understandable personal reasons (e.g. divorce or simply the desire to escape a negative social environment).
However, this should not prevent benefit recipients from moving. In particular, according to a recent court decision of the Federal Social Court, benefit recipients living in rural areas are not prohibited from moving to the city, even if this results in increased accommodation costs, BSG, Ref .: B 4 AS 60/09 R.
The costs for an apartment in rural areas are generally cheaper than in the city, yet there is also housing in the city that is "appropriate" within the meaning of § 22 paragraph 2 SGB II.
Only if benefit recipients were to take a more expensive apartment within the same location without justification, can the provider refuse approval. Then the benefit recipient would have to manage with the current costs and try to make ends meet.
Another essential element is the involvement of the basic security provider before concluding a contract for a new accommodation. However, excessive expectations should not be placed on the benefit recipient in this regard; it is generally known that in the search for housing, quick decisions are sometimes necessary and landlords do not always hold on to their offers in the long term.
Therefore, it is absolutely crucial to obtain assurance before the move. If the provider refuses this, the social court can also be contacted within the framework of interim legal protection.
Finally, I must point out that this platform cannot replace a detailed and personal legal consultation. The sole aim is to provide an initial rough assessment of your legal issue based on the information you have provided by an attorney. The legal advice I provide is based solely on the information you have provided. By adding or omitting relevant information in your description of the circumstances, a completely different legal assessment may result.
I hope I have provided you with an initial overview and that my explanations are helpful to you. Please feel free to contact me through the follow-up option on this platform.
Furthermore, I am of course available to you for legal representation. I would credit the initial consultation fee you paid in full.
A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.
Best regards,
Steffan Schwerin
Attorney at Law
Law Office Steffan Schwerin
Brändströmstraße 10
07749 Jena
Tel .: 03641 801257
Fax: 032121128582
Email: raschwerin@raschwerin.de
Website: www.jena-rechtsberatung.de
