Christmas grant

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The Christmas allowance was a one-off social welfare benefit .

This service was intended to cover the increased demand that arose due to the Christmas festival . The Christmas allowance was not expressly regulated by law, but was recognized by case law in analogous application of the regulations on one-off requirements. In contrast to these one-off requirements, the beneficiary did not have to prove that and to what extent specific costs were incurred as a result of Christmas, but these were provided on a flat-rate basis. The determination of the specific amount was incumbent on the federal states and was usually set between 50 and 100 DM.

With the replacement of the BSHG by SGB ​​II and SGB ​​XII in 2005 and the changeover to flat-rate standard rates, the Christmas allowance for benefit recipients outside of inpatient facilities ceased to exist; these costs should now be covered by the standard rate. For service recipients in inpatient facilities, however, the legislature initially wanted to retain the Christmas allowance, but the actual granting of the benefit was controversial due to a lack of legal regulation and was not implemented in all countries. After a dispute between the federal government and the federal states, the legislature decided, with effect from January 1, 2007, to increase the cash requirement for benefit recipients in inpatient facilities from 26 percent to 27 percent of the standard rate in order to reduce the costs for the Cover Christmas at a flat rate. Due to a transitional regulation in § 133b SGB XII, a Christmas allowance of at least 36 euros was granted again for 2006. The Federal Social Court decided that this regulation should also be applied retrospectively for 2005.

Individual evidence

  1. ↑ BVerwG, April 12, 1984, AZ 5 C 95.80
  2. ↑ cf. Article 1 amendment to the twelfth book of the Social Security Code buzer.de, accessed on August 7, 2017
  3. ↑ BSG, judgment of December 11, 2007, AZ B 8 / 9b SO 22/06 R, cf. Pablo Coseriu: Current case law of the Federal Social Court on SGB XII Social Law Current 2010, pp. 205, 208
  4. ↑ Herbert Masslau: Christmas Aid - Illogik, Inequality and the BSG November 7, 2009