Offsetting the environmental bonus against unemployment benefits (ALG 2)
November 6, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Madam/Sir,
The car dealer deducted the environmental bonus from the purchase price of the new car and took care of the application. Therefore, the bonus has not been transferred to my account. Can the ALG 2 authority still credit the bonus to my ALG 2 benefits? My appeal has already been rejected, does a lawsuit have a chance of success? If so, how do I formulate this lawsuit and what costs may arise?
Sincerely, [Your Name]
Dear inquirer,
You receive ALG 2. Therefore, you most likely have the right to legal aid, so you would not have to bear any costs for hiring a lawyer. If you win, you would have no costs at all, and if you lose, you would only have to cover the costs of the opposing party's lawyer, if they have one.
Legal aid is only granted if the application does not appear frivolous after a summary check and promises a reasonable chance of success.
In your case, the lawsuit promises a chance of success. Among other things, the Higher Social Court of Saxony-Anhalt stated in its decision dated 22.09.2009, Ref: L 2 AS 315/09 B ER, that " (...) at least in cases where, due to the specific contractual arrangement, the premium for fulfilling the purchase price directly flows to the seller, (this) does not have such a favorable effect on the recipient's situation that benefits under SGB 2 would no longer be justified." It further explains,
"In fulfilling the requirements for the grant of the environmental premium, the person in need rearranges protected assets that are now used for the purchase of the new vehicle. The state premium is economically considered part of the payment, with no other purpose available (as in SG Lüneburg, Decision of August 22, 2009 - S 75 AS 125/09 ER - cited according to juris). This applies at least to cases where - as in the present case to be decided - it is regulated in the relationship between the person in need and the seller of the new vehicle that the payment of the premium must be made directly to the seller and then credited towards the purchase price debt. It does not matter that this spares the person in need otherwise financed expenses, because they are not put in a better position with regard to the funds available to them for their livelihood."
Therefore, legal aid should be granted to you in any case, so that a lawsuit here is at least not hopeless.
You should therefore consult a lawyer with your concerns, who would then apply for legal aid for you after reviewing the objection and lead the proceedings for you.
I hope this has helped you. If you have any questions, please ask.
Best regards
Andreas Scholz, Attorney
