Earning capacity
Employability is a term from German social law (Germany) . Acquisition capability, according to § 8 SGB II, who is not due to illness or disability in the foreseeable future unable under the usual conditions in the labor market for at least three hours a day in employment to be. In contrast to reduced earning capacity in the sense of pension insurance, earning capacity is not linked to an existing pension entitlement.
Procedure
Those who are unable to work are not entitled to unemployment benefit II , but can claim social assistance in accordance with SGB XII . Conversely, this is excluded for employable persons according to § 21 SGB XII.
If the job center has doubts as to whether a person is unable to work, they can commission a medical officer to check their ability to work. If the ability to work is denied and the person falls under the responsibility of social welfare, the responsible municipality can (and usually will) object to the decision . In this case, the responsible pension insurance agency is commissioned to prepare an expert opinion in accordance with Section 109a SGB VI. ( § 44a Abs. 1 SGB II) The decision of the pension insurance institution is binding for all affected service providers ( § 44a Abs. 2 SGB II).
As long as the objection has not yet been decided, the persons will continue to receive unemployment benefit II if all other requirements are met. If the pension insurance institution denies the ability to work, the previous service provider is entitled to reimbursement against the then responsible service provider ( Section 44a (3) SGB II).
If the earning capacity of a beneficiary is doubtful, no integration benefits may be undertaken as long as the earning capacity has not been clarified. In particular, the conclusion of an integration agreement and the assignment to activation and professional integration measures is then not permitted.
Individual evidence
- ^ SG Kiel, November 26, 2013, AZ S 33 AS 357/13 ER
