Friday, September 2, 2016

Hartz IV: How hard can Hartz IV recipients now be punished – SPIEGEL ONLINE

Hartz IV recipients must continue to adapt to harsh cuts in benefits if they do not cooperate with the job centers. “The Federal Employment Agency (BA) tightened the line against Hartz IV recipients,” reported the “Bild” newspaper this Tuesday – and listed concrete examples on: The job centers are paid Hartz IV benefits reclaim again when a professional driver has lost his license and therefore his job for being drunk. Or if a single mother does not want to name the child father. Or if spiking simply give up their jobs and therefore more Hartz IV benefits need as far

The “Picture” report called prompt the opposition of the BA produced. Above was not a fundamentally new scheme and not to an intensified pace of job centers. “What previously part of administrative action was”, was now just poured into an internal service instruction, said a BA spokesman.

Yes, what now

First of all:? The denial of BA is at least misleading. In fact, the legislation in this summer has considerably tightened up when it comes to the possibilities of job centers to withhold money from Hartz IV recipients. And the new system is likely to aggravate not only the situation of many stakeholders even further, but also bring the already highly engaged social courts a flood of new procedures.

Unfortunately, the German social law is complicated. This also applies to the Social Code Book II (SGB II), that Hartz IV governs. To understand at what point the law has actually worsened – and the serious implications of this – it helps to lead the old laws in mind :

Until 1 August this year was :

  • If an interested party after the start of its Hartz IV reference with its obligations violated, the job Center, the disbursement cut to him – for a period of three months. The cuts can 30 percent (the first G) and 60 per cent amount (the repeated violation), with under-25s even 100 percent. These penalties are Sanctions regulated under the section in Section 31 of SGB II. They remain unchanged.
  • In addition, could the Job Center at “sozialwidrigem behavior” already paid Hartz IV benefits recover. And so far, if the recipient of helplessness intent or gross negligence “caused without important reason has”. It says in Clause 34 of the SGB II In effect, this meant that such recovery is only for actions in the past could be charged -. As in the case of professional driver who has lost his job due to drunk driving.

In other words: So far, the criminal opportunities the job center were clearly separated in time – for misconduct during the Hartz IV reference could impose sanctions (paragraph 31), for misconduct before the Hartz IV reference could cash reclaim (Clause 34).

August 1 section has been expanded but 34. Since can also reclaimed money when the “need for assistance increases, maintained or not reduced was” – ie concrete for misconduct during the Hartz IV reference . This means nothing else than that Hartz IV recipients are punished future double can: With sanctions under Section 31 and in addition to recoveries under Section 34. In the new internal service instruction of BA (here as PDF file) is expressly confirmed. There can be found before the listing of examples of Note, recoveries can “also alongside penalties under Section 31″ are applicable (see page 2).

This is quite a substantial tightening of gait. Especially when one considers how recoveries be implemented. Because: As a rule, a Hartz IV recipients this recoveries of course not easy to pay that.

This is why it must be paid off these debts: “The recovery of the job center can be credited with 30 percent of the need for control, and for a period up to three years,” said Duisburg specialist lawyer Wolfgang Conradi. One also shortens the Job Center Hartz IV with a stand-alone receiver to 121 euros per month. Instead 404 euros he receives only 283 euros, for three years – so much longer than sanctions. “In order that the person concerned must then make ends meet,” said Conradi

“job creation scheme for social courts”

As difficult as it was now accept sufferers.: at least that was after three years an end to the 30-percent deduction if the person concerned is still dependent on Hartz IV (which is the case as a rule). In future, however, the job centers could equally raise the next recovery following – namely for misconduct during the Hartz IV reference. The extreme example of the single mother who does not name the child’s father, makes this clear: Because they thereby maintaining their need for assistance or not reduced, it threatens the next recovery of the job center – and thus further three years with deductions.

Social associations criticize the new rules sharply: “It is unacceptable that the constitutionally guaranteed subsistence is undershot again,” says about VdK chief Ulrike Mascher.

remains open also if the reduction due to the recovery (Section 34) at the same time can be carried out in addition to the penalty under section 31 – whether the job center therefore may retain 60 percent of the Hartz IV payments. Internal Instructions BA silent on. We can expect, therefore, that officer will decide simply in the job centers discretion to -. Should in turn lead to numerous contradictions and complaints

Not only therefore criticized the Koblenz social scientist Stefan Sell the amendment in a commentary sharply , The terms in the law are very vague: What does “social misconduct” or “culpable” behavior? Is the professional drivers without a license really to blame for the job loss, if it is an alcoholic? And will the single mother the child’s father does not call – or can they simply can not, because they do not know it myself? And what is a “good cause” may make the Hartz IV recipients to be punished?

Sell stated that the new Hartz IV rules foreseeable “as a secure job creation scheme for social courts” will act. A worsening of the line against Hartz IV recipients are from all, the denial of BA defiance.


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