Law amending the Second Book of the Social Code and other laws
| Basic data | |
|---|---|
| Title: | Law amending the Second Book of the Social Code and other laws |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| Issued on: | March 24, 2006 |
| Entry into force on: | April 1, 2006 |
| Please note the note on the applicable legal version. | |
The law amending the Second Book of the Social Security Code and other laws is an amending law that changed major parts of SGB II for the first time . It was passed on March 24, 2006 and largely came into force on April 1, 2006.
background
Originally, it was planned that relatives would be obliged to pay for unemployment benefit II , similar to social assistance , but this was dropped due to pressure from the trade unions. This resulted in the unintended effect that many children of legal age moved out of the parents' household and thereby acquired a right to benefits. This quickly increased the cost of unemployment benefit II and caused major problems for budget planning of the federal budget due to the unexpectedly high additional costs.
Changes
This problem should be countered by expanding the benefit community to include children of full age up to the age of 25, so that under the law of SGB II, parents must also pay for their adult children. These only receive 80 percent of the control power instead of 100 percent as before. If children of full age want to move out of the parents 'household up to the age of 25, they need the approval of the basic social security institution, which should only be granted in special cases, for example if a reference to the parents' household is unreasonable or due to a newly started job a move is necessary. If children of legal age move without the approval of the basic security provider, they will continue to receive only 80 percent of the standard benefit and neither accommodation costs nor initial equipment will be granted.
The above changes took effect on July 1, 2006. Due to a transitional regulation in Section 68 of Book II of the Social Code, children who were already living outside their parents' household on February 17, 2006 do not need a permit from the basic security provider to move.
Foreigners and their family members no longer receive any benefits if the right of residence arises from the purpose of looking for a job. An EU guideline was hereby implemented that allowed such an exclusion of benefits for the first time.
The standard rates, which were previously different in West and East Germany, have been standardized, as it turned out that such a differentiation did not reflect the actual differences in the cost of living within Germany. Smaller changes include the regulation on the assumption of rental debts, which was adopted in SGB II and thus makes the reference to the social welfare institution superfluous. It was also determined that a rental deposit is to be provided as a loan and not as a grant. In the event of a reimbursement, the housing allowance portion of the accommodation costs can also be reclaimed if a change in the circumstances was reported late or the permit was only partially revoked.
In pension law, the compulsory insurance for benefit recipients was abolished on January 1, 2007, if they are already compulsorily insured for another reason, for example through a compulsory employment. The pension contribution was also reduced from 78 euros to 40 euros.