Standard requirement

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Standard requirement is a term from German welfare law that is related to social welfare or unemployment benefit II . It is defined in Section 27a (1) and (2) SGB XII and Section 20 (1) SGB II.

definition

“Standard requirement” is the necessary livelihood as defined for ensuring the socio-cultural subsistence level in Germany; This consists in particular of the essential monetary expenses incurred for food, clothing, personal hygiene, household items, household energy (excluding the shares attributable to heating and production of hot water), in addition to certain specified personal needs of daily life, including the needs for the constitutionally guaranteed “Minimum level of social, cultural and political life” (social participation). The cost of accommodation and heating , additional needs and services for education and participation of students are not part of the standard requirement .

The standard requirement is not determined individually, but abstractly according to generally defined criteria, with a distinction being made according to age groups and certain life situations. Insofar as people cannot meet the standard needs with their own resources, in particular with income and assets or with “priority” help, they are entitled to state benefits to cover the standard needs.

application

In the context of social assistance and unemployment benefit II , amounts are paid that are based on the standard requirement.

detection

With effect from January 1, 2011, the standard requirement will be determined by the Standard Requirements Determination Act (RBEG).

Previously, the Standard Rate Ordinance (RSV) applied, in the long title Ordinance for the implementation of Section 28 of Book Twelve of the Social Code .

The calculation of the standard requirements has been carried out every five years by the Federal Statistical Office for the Federal Ministry of Labor and Social Affairs (BMAS) since 2011 . This is done on the basis of several special statistical evaluations of the current sample income and expenditure (EVS) for different household types (e.g. single household, couple household with a child between 14 and 18 years of age). These special evaluations are published on the BMAS website.

Current altitude

The standard requirement levels (RBS) according to § 8 Standard Requirements Determination Act (RBEG) are as follows:

Standard requirement Standard requirement level from 2017 from 2018 from 2019 from 2020
Adult single person 1 409 € 416 € 424 € € 432
Adult single parent 1 409 € 416 € 424 € € 432
Adult with a minor partner 1 409 € 416 € 424 € € 432
Adult partners in a marriage, civil partnership, conjugal or
partnership -like community, respectively 		2 € 368 374 € 382 € 389 €
Adults in an inpatient facility 3 € 327 332 € 339 € € 345
Single persons up to the age of 24 or
adults up to the age of 24 with an underage partner who
have moved without any assurance from the local authority 		3 € 327 332 € 339 € € 345
Child or adolescent between the ages of 14 and 17 4th € 311 316 € € 322 € 328
Child between the ages of 6 and 13 5 291 € 296 € € 302 € 308
Child younger than 6 years old 6th € 237 € 240 € 245 250 €
source Section 8, Paragraph 1, Clause 1 of the Standard Requirements Determination Act

Historic height

Standard requirement levels
stages description regulated according to
1 For an adult entitled to benefits who runs their own household as a single or single parent; this also applies if one or more other adults live in this household who are assigned to standard requirement level 3. Section 20 (2) sentence 1 SGB II
2 For two adult beneficiaries who run a joint household as spouses, civil partners or in a community similar to that of a marriage or partnership. Section 20 (4) SGB II
3 For an adult entitled to benefits who neither runs a household of his own nor as a spouse, civil partner or in a community similar to a marriage or a partnership. § 20 paragraph 3 SGB II i. V. m. Section 20 Paragraph 2 Sentence 2 No. 2 SGB II
4th For a young person entitled to benefits or a young person aged 14 to under 18 years of age. Section 20 Paragraph 2 Sentence 2 No. 1 SGB II, Section 23 No. 1 SGB II
5 For a beneficiary child aged 6 to under 14 years. Section 23 No. 1 SGB II
6th For an eligible child up to 6 years of age. Section 23 No. 1 SGB II
Development of the rule sets
Period Basic rule set
level 1		 Q Level 2 level 3 Level 4 Level 5 Level 6
July 1, 2006 June 30, 2007 € 345
July 1, 2007 June 30, 2008 € 347

July 1, 2008 June 30, 2009 € 351
July 1, 2009 June 30, 2010 359 €
July 1, 2010 December 31, 2010 359 €
January 1, 2011 December 31, 2011 € 364 € 328 291 € 287 € € 251 215 €
January 1, 2012 December 31, 2012 374 € 337 € 299 € 287 € € 251 € 219
January 1, 2013 December 31 2013 382 € € 345 € 306 289 € € 255 € 224
1st of January 2014 December 31, 2014 € 391 € 353 € 313 296 € € 261 € 229
January 1, 2015 December 31, 2015 399 € € 360 € 320 € 302 € 267 € 234
January 1, 2016 December 31, 2016 € 404 € 364 € 324 € 306 € 270 € 237
January 1, 2017 December 31, 2017 409 € € 368 € 327 € 311 291 € € 237
1st January 2018 December 31, 2018 416 € 374 € 332 € 316 € 296 € € 240
1st January 2019 December 31, 2019 424 € 382 € 339 € € 322 € 302 € 245
January 1, 2020 € 432 389 € € 345 € 328 € 308 250 €

Breakdown according to the statistical model

Breakdown of the standard requirement according to the consumption expenditure of one-person households relevant to the standard requirement (statistical model) from the income and consumption sample (EVS) 2013, Section 5 of the  Ordinance Requirement Determination Act (RBEG)
EVS department designation Euro
1 and 2 Food, beverages, tobacco products 137.66
2 (from January 1, 2017, equivalent recording in Department 1) 000.00
3 Clothing and shoes 034.60
4th Housing, energy and home maintenance 035.01
5 Interior fittings, household appliances, etc. -objects, current housekeeping 024.34
6th Health care 015.00
7th traffic 032.90
8th Messaging 035.31
9 Leisure, entertainment, culture 037.88
10 Education 001.01
11 Accommodation and catering services 009.82
12 Other goods and services 031.31
total 394.84

Adjustments

The standard needs are determined on January 1st of each year based on the national average development of prices for goods and services relevant to regular needs and the national average development of net wages and salaries per employed employee according to the national accounts (mixed index). The Federal Ministry of Labor and Social Affairs announces in the Federal Law Gazette no later than November 1st of each calendar year the amount of the standard requirements that are decisive for the following twelve months .

history

The previous regulation until the end of 2010, according to which the standard requirement was adjusted on July 1st of each year by the percentage by which the current pension value in the statutory pension insurance changed, was repealed after the Federal Constitutional Court had rejected this procedure.

Constitutionality of the standard benefit

On February 9, 2010, the Federal Constitutional Court ruled that the method used at that time to determine the amount of the standard benefit was unconstitutional, because it did not guarantee that the necessary expenses in a transparent and appropriate process were realistic and comprehensible on the basis of reliable and conclusive figures Calculation method would be measured. The generalization of typical needs is constitutionally permissible on the condition that additional benefits are granted for cases of hardship. The court left it open as to whether the unconstitutional calculation method implied that the flat-rate standard benefit of unemployment benefit II and social benefit at the time was also unconstitutional.

The rules for calculating the level of control benefit remained applicable until December 31, 2010. In cases of hardship, additional benefits could be claimed directly from Article 1 of the Basic Law in the event of an unavoidable, ongoing, not just one-off, special need that went beyond the flat-rate standard benefit .

The court had to decide on submissions from the Federal Social Court and the Hessian State Social Court in a specific norm control procedure according to Art. 100 of the Basic Law (GG). These courts had considered the social allowance for children under 14 years of age and the standard benefit for adults to be unconstitutional.

The Federal Constitutional Court found that the standard benefit for adults as well as the social allowance according to § 20 SGB II old version and § 28 SGB II old version are not always sufficient to cover the constitutional right to guarantee a decent subsistence level under Article 1, Paragraph 1 of the Basic Law Connection with Art. 20 Abs. 1 GG. In order to guarantee a humane subsistence level, all unavoidable, ongoing, not just one-off, special needs must also be met in cases of hardship. A need that occurs in special cases or an atypical scope of needs in individual cases must be taken into account. The legislature has found a suitable calculation method for measuring the subsistence level for the basic control power with the statistical model. When measuring the standard power, however, he left it in various areas, for example by disregarding expenses for education or additional costs for the use of public transport, without a sound justification being discernible. The legislature did not determine the special child-specific needs at all. The needs of children cannot simply be derived from the needs of adults. The needs assessment should be based on the child's developmental phases and on what is necessary for a child's personality development. When adjusting the amount of the standard benefit, the orientation towards the development of the current gross wage-related pension value according to Section 68 of Book VI of the Social Code is inappropriate; instead, the legislature must be based on the actual development of needs (such as price increases, net wages). While the court required the legislature to meet the identified need without exception in the case of the physical subsistence level, it gave the legislature a wide range of design options for the socio-cultural subsistence level. However, it required that every design decision was justified in a verifiable manner and was based on the previously selected method for determining needs.

As a reaction to the judgment of the Federal Constitutional Court and in order to fulfill the task of the court to create a new regulation taking into account the constitutional requirements of the court, the law for the determination of standard requirements and the amendment of the second and twelfth books of the social code of 24 March 2011, which came into effect retrospectively on January 1, 2011.

On July 23, 2014, the Federal Social Court ruled in several cases, for example with reference to file number B 8 SO 12/13 R, that the generally different classification of disabled people in the legal system SGB XII in the standard requirement level 3, which has been carried out since 2011, constitutes discrimination on the basis of disability and thus is illegal. Standard requirement level 3 should only be applied if, contrary to the legal presumption, the disabled person did not have any independent or completely insignificant participation in household management. The material burden of proof lies with the basic security provider.

Web links

Determination of standard requirements

Individual evidence

  1. ^ Federal Constitutional Court, judgment of February 9, 2010, file number: 1 BvL 1/09.
  2. ↑ Standard Requirements Investigation Act - RBEG 2011
  3. ↑ BMAS - standard requirements: statistical material. Retrieved on April 18, 2018 (German).
  4. ↑ Hartz IV standard requirement 2017
  5. ↑ Hartz IV standard requirement 2018
  6. ↑ Hartz IV standard requirement 2019
  7. ↑ Announcement on the amount of the standard benefit according to Section 20, Paragraph 2, Clause 1 of Book Two of the Social Code for the period from July 1, 2006 ( Federal Law Gazette 2006 I p. 1702 , of July 20, 2006) incompatible with the Basic Law in accordance with BVerfGE of February 9, 2010 I 193 - 1 BvL 1/09, 1 BvL 3/09, 1 BvK 4/09.
  8. ↑ Announcement on the amount of the standard benefit according to Section 20, Paragraph 2, Clause 1 of Book Two of the Social Security Code for the period from July 1, 2007 ( Federal Law Gazette 2007 I p. 1139 , of June 18, 2007) incompatible with the Basic Law in accordance with BVerfGE of February 9, 2010 I 193 - 1 BvL 1/09, 1 BvL 3/09, 1 BvK 4/09.
  9. ↑ Announcement about the amount of the standard benefit according to Section 20, Paragraph 2, Clause 1 of Book Two of the Social Code for the period from July 1, 2008 ( Federal Law Gazette 2008 I p. 1102 , of June 26, 2008) incompatible with the Basic Law pursuant to BVerfGE of February 9, 2010 I 193 - 1 BvL 1/09, 1 BvL 3/09, 1 BvK 4/09.
  10. ↑ Announcement on the amount of the standard benefit according to Section 20, Paragraph 2, Clause 1 of the Second Book of the Social Code for the period from July 1, 2009 ( Federal Law Gazette 2009 I p. 1342 , of June 17, 2009) incompatible with the Basic Law in accordance with BVerfGE of February 9, 2010 I 193 - 1 BvL 1/09, 1 BvL 3/09, 1 BvK 4/09.
  11. ↑ Annual announcements about the amount of the standard benefits
  12. ↑ § 8 RBEG 2011
  13. ↑ Announcement on the level of the standard needs according to § 20 paragraph 5 of the second book of the Social Security Code for the period from January 1, 2012
  14. ↑ Announcement about the level of the standard needs according to § 20 paragraph 5 of the second book of the Social Security Code for the period from January 1, 2013
  15. ↑ Announcement on the level of the standard needs according to § 20 paragraph 5 of the second book of the Social Security Code for the period from January 1, 2014
  16. ↑ Announcement about the level of the standard needs according to § 20 paragraph 5 of the second book of the Social Security Code for the period from January 1, 2015
  17. ↑ Announcement on the level of the standard needs according to § 20 paragraph 5 of the second book of the Social Security Code for the period from January 1, 2016
  18. ↑ § 8 RBEG for the period from January 1, 2017
  19. ↑ Increase - More Hartz IV from January 1st, 2018
  20. ↑ Hartz IV standard rate - standard requirement 2018 & 2019 for unemployment benefit II
  21. ↑ a b BVerfG , judgment of February 9, 2010, Az. 1 BvL 1/09, 1 BvL 3/08 and 1 BvL 4/09.
  22. ↑ a b BVerfG, judgment of February 9, 2010, Az. 1 BvL 1/09, 1 BvL 3/08 and 1 BvL 4/09 see guideline No. 4 and paragraphs 204 ff.
  23. ↑ Federal Social Court : decisions on 27 January 2009, file no. B 14 AS 8.5 R and B 14 / 11b AS 7.9 R .
  24. ↑ Hessian State Social Court : Suspension and submission order of October 29, 2008 - L 6 AS 336/07.
  25. ↑ § 20 Paragraph 2 Clause 1 and Paragraph 3 Sentence 1, § 28 Paragraph 1 Sentence 3 No. 1 Alternative 1, in each case in conjunction with § 20 Paragraph 1 of the Social Code Book Second in the version of the Fourth Law for Modern Services on the Labor Market of 24 December 2003 ( Federal Law Gazette I, p. 2954 ), Section 20, Paragraph 2, Clause 1 and Paragraph 3 of the Social Code, Second Book in the version of the law amending the Second Book of the Social Code and other laws of March 24, 2006 ( Federal Law Gazette I, p. 558 ), Section 28 Paragraph 1 Sentence 3 No. 1 Alternative 1 in conjunction with Section 74 of the Social Security Code, Book Two in the version of the Law on Securing Employment and Stability in Germany of March 2, 2009 ( Federal Law Gazette I p. 416 ), in each case in Connection with Section 20 (1) of the Social Security Code, second book in the version of the Act on the Further Development of Basic Security for Jobseekers of July 20, 2006 ( Federal Law Gazette I, p. 1706 ), as well as the announcements about the amount of the standard benefit according to Section 20 (2) and Section 20 Paragraph 2 sentence 1 Social Code, Second Book of September 1, 2005 ( Federal Law Gazette I p. 2718 ), of July 20, 2006 ( Federal Law Gazette I, p. 1702 ), of June 18, 2007 ( Federal Law Gazette I, p. 1139 ), of June 26, 2008 ( BGBl. I p. 1102 ) and of June 17, 2009 ( BGBl. I p. 1342 )
  26. ↑ BGBl. 2011 I p. 453 .
  27. ↑ https://www.lebenshilfe.de/de/themen-recht/artikel/Bundessozialgericht-kippt-generelle-Einstendung-Regelbedarfsstufe-3.php?listLink=1