Regulation on the calculation of income as well as the non-consideration of income and wealth in the unemployment benefit II/Social money (unemployment benefit II/Sozialgeld-Regulation-Alg II-V)

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Alg II-V

Date of completion: 17.12.2007

Full quote:

" unemployment benefit II/Sozialgeld-Ordination of 17 December 2007 (BGBl. I p. 2942), most recently by Article 10 of the Law of 21 March 2013 (BGBl. 556).

Status:

Last amended by Art. 10 G v. 21.3.2013 I 556

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2008 + + +) 

  

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Input formula

On the basis of § 13 of the Second Book of the Social Code-Basic Insurance for jobseekers-(Article 1 of the Law of 24 December 2003, BGBl. 2954, 2955), as defined by Article 1 (11) of the Law of 20 July 2006 (BGBl). I p. 1706), the Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Finance, is responsible for: Unofficial table of contents

§ 1 Revenue not to be considered as income

(1) In addition to the income referred to in Article 11a of the Second Book of the Social Code, income shall not be taken into account as income:

1.

revenue if they do not exceed 10 euros within a calendar month,

2.

Benefits which are expressly provided for the saved domestic consumption expenditure to be taken into account in connection with Article 19 (2) sentence 1 in conjunction with Section 28 (6) of the Second Book of the Social Code, up to the amount of the amount in accordance with Section 5a (3),

3.

(dropped)

4.

non-taxable income of a caregider for basic care and domestic care services,

5.

in the case of foreign-use surcharge and performance surcharge,

6.

the bridging aid paid out of federal funds under Article IX (4) of the Agreement between the parties to the North Atlantic Treaty on the status of their troops (NATO troop statut) of 19 June 1951 (BGBl. 1190) to former employees of the stationing forces and under Article 5 of the Act concerning the exchange of notes of 25 September 1990 and 23 September 1991 on the legal status of the allied forces stationed in Germany Armed forces and the Conventions of 25 September 1990 on the settlement of certain matters relating to Berlin of 3 January 1994 (BGBl. 26), to former workers of the Allied forces in Berlin,

7.

the own-home allowance, insofar as it is shown to be used for the financing of a property not to be considered as a property in accordance with section 12 (3) sentence 1, sentence 1, sentence 1, point 4 of the Second Book of the Social Code,

8.

Child benefit for children of the person in need of assistance, insofar as it is shown that it is not passed on to the child who is not living in the household,

9.

in the case of social money demps, which is the 15. have not yet been completed, income from gainful employment, to the extent that they do not exceed EUR 100 per month,

10.

Benefits of the promotion of training, insofar as they are used for travel expenses for training or for training materials; is already at least an amount according to § 11b, paragraph 2, sentence 1 of the second book Social Code of the training allowance , this shall apply only to the amount exceeding that amount,

11.

catering provided outside the types of income referred to in § § 2, 3 and 4 (4);

12.

Gifts to minors on the occasion of Confirmation, Communion, Confirmation or comparable religious festivals as well as on the occasion of the Juvenile Consecration, insofar as they are the amount referred to in Article 12 (2), first sentence, point 1a of the Second Book of the Social Code do not exceed.

(2) In the case of § 9 (5) of the Second Book of the Social Code, the presumption that relatives and other persons in need of assistance in the household community provide benefits in need of assistance are those to be deducted in accordance with § 11b of the Social Code. Second book of the Social Code of adjusted income as a rule not to be considered as income, insofar as it provides a free amount equal to twice the amount of the rule required under the first sentence of Article 20 (2), plus the pro rata Expenses for accommodation and heating as well as over 50 percent of the amount of this allowance over-adjusted, adjusted revenue. § 11a of the Second Book of the Social Code applies accordingly. (3) For periods of approval which began before 1 January 2009, child benefit is not to be considered as income, insofar as it is subject to the amounts in force until 31 December 2008 according to § 66 (1) of the Income Tax Act and Section 6 (1) and (2) of the Federal Children's Money Act. Sentence 1 shall apply until the end of the period of approval, but not later than 31 May 2009. (4) The income of pupils in general or vocational schools, which is 25, shall not be taken into account as income. They are not yet completed, from gainful activities carried out during the school holidays for a maximum of four weeks per calendar year, to the extent that they do not exceed an amount of 1 200 euro per year. For the purposes of the assessment of the period referred to in the first sentence, gainful gainful activities with an income per month shall remain the monthly amount referred to in Article 11b (2), first sentence, of the Social Code or in paragraph 1 (9) of the Social Code. , shall not be taken into consideration. Sentence 1 shall not apply to pupils who are entitled to a training allowance. The provisions of the Youth Employment Protection Act shall remain unaffected. (5) Parental allowance of EUR 150 per month of life of a child, which started before 1 January 2011, shall not be taken into account as an income, insofar as it is based on one of the children before the 1. (6) The infringed pension under the Seventh Book of the Social Code is not to be considered as income if it is to be paid on the basis of an additional possibility of renewal (§ 6 sentence 2 of the Federal Election and Parental Leave Act). The reason for a conscription in the National People's Army of the former The German Democratic Republic has been provided with health damage. The amount of the amount not to be taken into consideration shall be determined according to the amount of the basic pension according to § 31 of the Federal Supply Act, which is to be paid for the degree of damage consequences which corresponds to the respective reduction in the earning capacity. In the event of a 20 percent reduction in earning capacity, the amount not to be taken into account is two-thirds, with a reduction in earning capacity by 10 per cent, one third of the minimum basic pension under the Federal Supply Act. (7) In lieu of the amounts pursuant to § 11b (1) Sentence 1 (3) to (5) of the Second Book of Social Code (Social Code) of the pocket money according to § 2 (2) of the Second Book of the Social Code, Paragraph 1 (3) of the Youth Voluntary Service Act or Section 2 (4) of the Federal Voluntary Service Act an amount of 200 euros per month to be deducted. If the sum of the amounts in accordance with Section 11b (1), first sentence, points 3 to 5 of the Second Book of Social Code exceeds the amount of 140 euros, the first sentence shall not apply. In this case, an additional amount of 60 euros per month is not to be considered as income from the pocket money. The rates 1 to 3 shall not apply to persons entitled to work who are in employment or receive income or income from an activity which is exempt from tax in accordance with Section 3 (12), (26), (26a) or (26b) of the Income Tax Law. Unofficial table of contents

§ 2 Calculation of income from non-self-employed work

(1) In calculating the income from non-self-employed labour (§ 14 of the Fourth Book of the Social Code), gross receipts are to be assumed. (2) (omitted) (3) If the income is in progress in the period of approval, it is to be expected that it will be used in the of different levels can be used as income for a monthly average income. As a monthly average income, account must be taken of the part of the income for each month in the approval period, which is due to the number of months in the approval period when the total income is divided during the grant period. results. To the extent that a provisional decision has been taken on the granting of a living allowance in accordance with Section 40 (2) (1) of the Second Book of the Social Code, the average monthly income taken into account in the provisional decision shall be the final decision as an income if the actual monthly average income exceeds the monthly average income of the provisional decision by no more than 20 euros. (4) (5) In the calculation of income, the value of the income from the employer 1 per cent of the monthly rule requirements applicable in accordance with § 20 of the Second Book of Social Code. If partial meals are made available, the breakfast is 20% and for lunch and dinner, 40 per cent of the amount as set out in the first sentence of the first sentence. (6) Other income in financial value shall be The value of transport is to be used as income. If the income is also taken into account as part of the rule requirement in accordance with § 20 of the Second Book of the Social Code, the value of the income in a value of money shall not exceed the amount for this part in the relevant rule requirement. (7) Income may be estimated after consultation if:

1.

to provide basic security benefits for job-seekers once or for a short period of time, or to take account of income only for a short period of time, or

2.

the decision on the provision of basic security services for job-seekers will not tolerate a delay in the individual case.

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§ 3 Calculation of income from self-employment, business or agriculture and forestry

(1) In the calculation of income from independent labour, business or agriculture and forestry, operating revenue is to be assumed. Operating revenues are all revenues generated from independent work, commercial enterprise or agriculture and forestry, which actually flow in the period of approval (Section 41 (1) sentence 4 of the Second Book of Social Law). If a gainful activity is carried out in accordance with the first sentence only during part of the period of approval, the income shall be calculated only for that period. (2) For the calculation of income, the income from the operating income shall be that in the period of approval. (3) Actual expenditure should not be dismissed without regard to tax law. (3) Actual expenditure should not be dismissed, to the extent that: are completely or partially preventable or obviously not the Living conditions during the course of the service to the basic insurance for job-seekers. Proven revenue can be appropriately increased in the calculation if it is to be assumed that the proven level of revenue does not seem to correspond to actual revenue. Expenditure cannot be deducted from the calculation in so far as the ratio of the expenditure to the respective income is in a conspicuous imbalance. Furthermore, expenditure shall not be deducted from the extent to which loans or grants have been provided under the Second Book of Social Code or in the form of operational loans. This also applies to expenditure where other loans are used to finance them. (4) For each month, account must be taken of the part of the income which, in the course of the division of the total income during the period of approval, is due to the number of Months in the period of authorisation. In the case referred to in the third sentence of paragraph 1, the monthly income shall be that part of the income corresponding to the number of months falling within the period referred to in the third sentence of paragraph 1. The amounts are to be deducted from the income according to § 11b of the Second Book of Social Code. (5) If an annual calculation of income is indicated on the basis of the type of gainful employment, the calculation of income shall be calculated in accordance with paragraphs 2 to 4 shall also be included in the income referred to in the first sentence of paragraph 1 which the eligible person or entitled to work has achieved within a period of six months before the repeated application of the application, if the person or persons who are eligible for work are entitled to: it has been pointed out. This does not apply in so far as the income has already been taken into account in the time period preceding the repeated application or should have been taken into account when the application was submitted during that period. (6) Insofar as the grant of the grant of Subsisting benefits in accordance with Section 40 (2) (1) of the Second Book of the Social Code, the income in the period of approval may be estimated for the final decision, if the actual income is not within a period of two months after the end of the (7) If a motor vehicle is used predominantly in operation, the necessary expenditure actually incurred for this motor vehicle shall be disregarded as an operational issue. For private journeys, expenditure is to be reduced by EUR 0.10 for every kilometre driven. A motor vehicle is considered to be predominantly in operation if at least 50 percent is used in operation. If a motor vehicle is used for the most part privately, the actual expenditure shall not be operating expenditure. For operational journeys, EUR 0.10 may be issued for each kilometre driven by the private motor vehicle, in so far as the person or persons who are capable of working do not provide for higher necessary expenditure on fuel. Unofficial table of contents

§ 4 Calculation of income in other cases

For the calculation of income from income not covered by § § 2 and 3, § 2 shall apply accordingly. This includes, in particular, revenue

1.

Social benefits,

2.

leasing and leasing,

3.

capital assets and

4.

Military, substitute and volunteer service.

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§ 5 Limit of deductible expenditure

Expenditure shall be deducted at most up to the level of the revenue from the same type of accommodation. Income must not be reduced by expenditure of another type of income. Unofficial table of contents

Section 5a amounts for the examination of the need for assistance

The examination of the need for assistance shall be based on the following:

1.

for the school trips (§ 28 (2), first sentence, point 1 of the Second Book of the Social Code) an amount of three euros per month,

2.

for the multi-day class journeys (Article 28 (2), first sentence, point 2 of the Second Book of the Social Code), the amount per month of the period of six months for the division of the expenses incurred for the multi-day class journey the beginning of the month following the request,

3.

for the savings in domestic consumption expenditure, when using the Community lunch, the amount referred to in § 9 of the rules-on-law investigation act.

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§ 6 Flat amounts of amounts to be deducted from income

(1) The amount of a lump sum shall be deducted

1.

from the income of full-year beneficiaries an amount of EUR 30 per month for contributions to private insurance pursuant to § 11b, paragraph 1, sentence 1, point 3 of the Second Book of the Social Code, which are appropriate according to the reason and the amount of the contributions,

2.

from the income of minors an amount of EUR 30 per month for contributions to private insurance under Section 11b (1) (3) of the Second Book of the Social Code, which are appropriate according to the reason and the amount if the amount or Underage group has completed a corresponding insurance policy,

3.

of the income of employed persons for the amounts pursuant to § 11b (1), first sentence, point 5 of the Second Book of Social Law

a)

an amount of EUR 15.33 per month as necessary expenditure associated with its achievement; this shall not apply to income in accordance with § 3,

b)

in addition, in the case of the use of a motor vehicle for the journey between the home and the place of work for the pursuit of the employment, EUR 0.20 for each kilometre of distance of the shortest road connection,

as far as the person or persons capable of working or entitled to work does not provide for higher necessary expenses.

(2) Insofar as the consideration of the lump sum referred to in paragraph 1 (3) (b) is unreasonably high compared to the travel costs incurred in the use of a reasonable public transport vehicle, only those costs shall be considered as a lump sum (3) In the case of multi-expenses for catering, if the working-capable performer is temporarily in employment from his home and the centre of his/her permanent work, for each calendar day, where the person who is entitled to work is entitled to do so because of the temporary The activity of his apartment and the centre of activity is not at least twelve hours away, a lump sum of 6 euros is to be deducted. Unofficial table of contents

Section 7 Assets not to be taken into consideration

(1) In addition to the assets referred to in Article 12 (3) of the Second Book of the Social Code, assets are not to be considered as assets which are indispensable for the admission or continuation of vocational training or gainful employment. (2) In the case of § 9 (5) of the Second Book of the Social Code, the presumption that relatives and persons who have not been insured with them in the household community provide benefits is not to be taken into account in accordance with the provisions of the Social Code. § 12 (2) of the Second Book of the Social Code or in accordance with Section 12 (3) of the Second Book of the Social Code is not to be taken into account. Unofficial table of contents

§ 8 Value of the assets

The assets must be taken into account without regard to tax legislation with its traffic value. Unofficial table of contents

§ 9 Transitional provision

Section 2a of the unemployment allowance II/Sozialgeld-Regulation of 20 May 2008 is applicable for periods of authorisation which have started before 1 January 2008. Continue to apply until 31 December 2007 in the version valid until 31 December 2007. Section 2a (4) of the unemployment allowance II/Sozialgeld-Regulation of 20. October 2004 in the version valid until 31 December 2007, subject to the proviso that, for the part of the grant period which is in the calculation year 2007, in the final decision as an income, the part of the financial office the calculation year shall be taken into account for the calculation year, which shall not apply to this part of the period of approval. For the part of the approval period, which is after 31 December 2007, the final decision to apply in accordance with § 3 of this Regulation shall apply accordingly. Unofficial table of contents

Section 10 Entry into force, expiry of the external force

This Regulation shall enter into force on 1 January 2008.