Regulation For The Calculation Of Income, As Well As For Not Taking Account Of Income And Wealth In The Unemployment Benefit Ii/social Money

Original Language Title: Verordnung zur Berechnung von Einkommen sowie zur Nichtberücksichtigung von Einkommen und Vermögen beim Arbeitslosengeld II/Sozialgeld

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

Unofficial Table of Contents

Alg II-V

Date of expiry: 17.12.2007

Full quote:

" Unemployment money II/Social Money Regulation of 17. December 2007 (BGBl. 2942), as last amended by Article 10 of the Law of 21. March 2013 (BGBl. I p. 556) has been amended "

:Last modified by Art. 10 G v. 21.3.2013 I 556

For details, see Notes

Footnote

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

in the menu under Notes
Non-Official Table of Contents

Input Formula

Based on § 13 of the Second Book of the Social Code-Basic Backup 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 ordering: Non-official Table of contents

§ 1 Revenue not to be considered as income

(1) In addition to the income referred to in § 11a of the Second Book of the Social Code, the income cannot be considered as income:
1.
Revenue if it does not exceed 10 euros within a calendar month,
2.
Services that are explicitly considered for the benefit of the performance in accordance with § 19 (2) sentence 1 in conjunction with Section 28 (6) of the Second Book of Social Code domestic consumption expenditure, up to the level of the amount in accordance with Section 5a (3),
3.
(omitted)
4.
Non-taxable income of a care person for basic care and domestic care services,
5.
in servicemen of the foreign use surcharge and the performance surcharge,
6.
the federal funds The bridging aid paid under Article IX (4) of the Agreement between the parties to the North Atlantic Treaty on the legal status of their troops (NATO troop statute) of 19 June 1951 (BGBl. 1961 II p. 1190) to former employees of the stationing forces and Article 5 of the Act concerning the exchange of notes of 25 years. September 1990 and 23. September 1991 on the legal status of the Armed Forces stationed in Germany and the Conventions of 25. 3 September 1990 on the settlement of certain questions relating to Berlin of 3. January 1994 (BGBl. 26) to former employees of the Allied forces in Berlin,
7.
The home supplement, insofar as it can be proven to finance a situation in accordance with § 12 para. 3 Sentence 1 No. 4 of the Second Book of the Social Code is not used as property to take into consideration property,
8.
Child benefit for children of the need for assistance, to the extent that: it is shown that it is not passed on to the child who is in need of help,
9.
in the case of social money demps, which is the 15. have not yet been completed, income from gainful employment, in so far as they do not exceed EUR 100 per month,
10.
Services of the Training promotion, insofar as they are used for travel expenses for training or for training materials; is already deductible at least an amount pursuant to § 11b (2) sentence 1 of the Second Book of Social Code from the training allowance, applies this is only for the amount exceeding that amount,
11.
Food provided outside the income types referred to in § § 2, 3 and 4 (4)
12.
Money gifts to minors on the occasion of Confirmation, Communion, Confirmation or comparable religious festivals, as well as on the occasion of the youth consecration, as far as they are concerned shall not exceed the amount referred to in Article 12 (2), first sentence, point 1a of the Second Book of the Social Code.
(2) In the case of Article 9 (5) of the Second Book of the Social Code, the presumption that relatives and persons who have not been subject to the law of the Social Code shall apply to: to provide them with assistance in need of assistance in the household community, the revenue to be adjusted in accordance with Article 11b of the Second Book of the Social Code shall not, as a rule, be taken into consideration as income, provided that such income is not Free amount equal to twice the amount of the standard requirements applicable pursuant to section 20 (2), first sentence, plus the pro rata expenses for accommodation and heating, as well as above 50% of the adjusted adjusted amount of the excess amount Do not exceed revenue. § 11a of the Second Book of the Social Code applies accordingly.(3) For periods of approval before the 1. In January 2009, child benefit is not considered as an income, as far as it is up to 31 December 2009. In accordance with Section 66 (1) of the Income Tax Act and § 6 (1) and (2) of the Federal Children's Money Act (BundesKindergeldgesetz), December 2008. The first sentence shall apply until the end of the period of approval, but at the latest by 31. May 2009.(4) Not to be considered as income are the income of pupils in general or vocational schools, which are the 25. 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 activities carried out during the school holidays with an income which monthly amounts to the monthly amount referred to in Article 11b (2), first sentence, of the Social Code or in paragraph 1 (9) shall remain , 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 Labour Protection Act remain unaffected.(5) Not to be considered as an income is a parental allowance of EUR 150 per month of life of a child who is before the 1. It started in January 2011, as far as it was due to be before 1. (§ 6 sentence 2 of the Bundeselterngeld-und Elternzeitgesetz) will be repaid in January 2011.(6) The injury pension under the Seventh Book of Social Code is not to be considered in part as an income if it is based on a compulsory military service in the National People's Army of the former German Democratic Republic any health damage suffered. 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 per cent reduction in earning capacity, the amount not to be taken into account amounts to two-thirds, with a reduction of 10 per cent of the earning capacity a third of the minimum basic pension according to the Federal Supply Act.(7) In the case of eligible beneficiaries who participate in a Federal Voluntary Service or a Youth Voluntary Service, the amounts in accordance with Section 11b (1), first sentence, points 3 to 5 of the Second Book of Social Code shall be replaced by the pocket money in the case of working-age beneficiaries. § 2 Paragraph 1 (3) of the Youth Voluntary Service Act or § 2 (4) of the Federal Voluntary Service Act an amount of a total of 200 euros per month. 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 Act. Non-official table of contents

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

(1) In the calculation of income from non-self-employed persons Work (§ 14 of the Fourth Book of the Social Code) is to be assumed from gross revenue.(2) (omitted) (3) In the case of current receipts in the period of authorisation, it should be expected that these will be allocated at different levels, and that a monthly average income may be used as 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 the subsisting benefits 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 income, if the actual monthly average income exceeds the monthly average income of the provisional decision not exceeding 20 euros.(4) (omitted) (5) In the calculation of income, the value of the full catering provided by the employer is to be applied with 1 per cent of the monthly rule requirements applicable in accordance with § 20 of the Second Book of Social Code. If partial catering is provided, breakfast will be 20 percent and for lunch and dinner, 40 per cent of the amount resulting from the first sentence will be added.(6) Other income in financial value shall be used as income in terms of its transport value. 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. is included.(7) Income can be estimated after hearing if
1.
Basic backup services for to provide 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 Benefits of basic insurance for job-seekers in individual cases cannot be deferred.
Non-official table of contents

§ 3 Calculation of income Self-employed, industrial or agricultural and forestry

(1) The calculation of income from self-employed labour, business or agriculture and forestry is expected to be based on operating revenue. 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 authorisation, the income shall be calculated only for that period.(2) In order to calculate the income, the operating income shall be the expenditure actually incurred during the period of approval, with the exception of the amounts to be deducted in accordance with Article 11b of the Second Book of the Social Code, without regard to -tax-law provisions.(3) Actual expenditure should not be deposed to the extent that they are wholly or partly preventable or obviously do not correspond to the circumstances of the life during the course of the provision of services to the basic insurance for jobseekers. 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, insofar as other loans are used to finance it.(4) For each month, account shall be taken of the part of the income resulting from the division of the total income during the period of approval by 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 according to § 11b of the Second Book of Social Code shall be deducted from the income.(5) Where an annual calculation of income is indicated on the basis of the type of activity, the calculation of the income referred to in paragraphs 2 to 4 shall also include the income referred to in the first sentence of paragraph 1 which is the person or persons working in the labour market. If the person or who is entitled to work has been referred to it, within a period of six months before the date of application of the application, the person entitled to work has been entitled to a claim. This does not apply to the extent that the income has already been taken into account in the prior authorisation period preceding the repeated application or should have been taken into account when the application was submitted during that period.(6) Where a provisional decision has been taken on the granting of a subsisting benefit 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 detected within a period of two months after the end of the approval period.(7) If a motor vehicle is used predominantly in operation, the actual expenditure actually performed for this motor vehicle must be set off 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 mainly used for private use, the actual expenditure is not 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. Non-official table of contents

§ 4 Calculation of income in other cases

For the calculation of income from income not subject to § § § § § § § § § § § § § § 4 2 and 3, § 2 shall apply accordingly. These include, in particular, revenue from
1.
Social benefits,
2.
Lease,
3.
Capital assets as well as
4.
Replacement, replacement, and Voluntary service conditions.
Non-official table of contents

§ 5 Limitation Of Deductible Expenses

Expenditure is at most up to the level of the To withdraw revenue from the same type of arrival. Income must not be reduced by expenditure of another type of income. Non-official table of contents

§ 5a amounts to be used to check the need for assistance

To test the need for assistance, it is necessary to use the following information: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
for school trips (§ 28 paragraph 2 sentence 1 point 1 of the Second Book of the Social Code) an amount of three euros per month,
2.
for the multi-day class trips (§ 28 (2) sentence 1 (2) of the Second Book of the Social Code) the amount per month, which is the Division of the expenses incurred for the multi-day class trip to a period of six months from the beginning of the month following the application,
3.
for the savings in domestic consumption expenditure in the case of the use of Community lunch meals of the amount referred to in § 9 of the rules-on-law investigation act.
unofficial table of contents

§ 6 lump sums for income to be replaced

(1) As lump sums are to be decomposed
1.
an amount of 30 euros per month for the full-year benefit of the income Contributions to private insurances according to § 11b, paragraph 1, first sentence, No. 3 of the Second Book of the Social Code, which are appropriate by reason and amount,
2.
from the income A minor amount of EUR 30 per month for contributions to private insurance in accordance with Section 11b (1) (3) of the Second Book of the Social Code, which is appropriate in accordance with the reason and the amount of the child's contribution, if the minor or the minor has a corresponding insurance,
3.
from the income of employed persons for the amounts pursuant to § 11b, paragraph 1, first sentence, point 5 of the second book of the Social Code
a)
an amount of 15,33 euros per month as necessary expenses associated with its achievement; this does not apply to income according to § 3,
b)
in addition to the use of a motor vehicle for the journey between the home and the place of work for the pursuit of the Employment 0,20 Euro for each distance kilometre of the shortest road connection,
to the extent that the person or persons with the right to work does not provide for higher necessary expenses.
(2) Insofar as the consideration of the The lump sum referred to in paragraph 1 (3) (b) in relation to the cost of the journey incurred in the case of the use of a reasonable public transport vehicle shall be disregarded as a lump sum only.(3) In the case of additional expenses for food, if the person entitled to work benefits temporarily from his home and the centre of his/her permanent employment, he/she shall be in employment for each calendar day on which the person entitled to work is The person who is entitled to work is absent from his/her home and the centre of activity for at least twelve hours because of this temporary activity, and a lump sum of 6 euros is to be deducted. Unofficial table of contents

§ 7 Not to be taken into account

(1) Except the one referred to in Article 12 (3) of the Second Book of the Social Code Assets shall not be taken into account as assets which are essential to take up or continue vocational training or gainful employment.(2) In the case of Article 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 consideration, the In accordance with Section 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, it must not be taken into consideration. Non-official table of contents

§ 8 Value of the assets

The assets are to be used without regard to tax law with its traffic value shall be considered. Non-official table of contents

§ 9 Transitional rule

For approval periods before the 1. § 2a of the unemployment benefit II/Sozialgeld-Regulation of 20 January 2008 has started in January 2008. October 2004, in the The Commission shall continue to apply in force in December 2007. Section 2a (4) of the unemployment allowance II/Sozialgeld-Regulation of 20. October 2004, in the In the case of the final decision as the income of the part of the financial office for the year of calculation, it is to be applied in December 2007 with the proviso that, for the part of the approval period which is in the calculation year 2007, the final decision as the income is to be applied. shall be taken into account, which shall not apply to this part of the period of authorisation. For the part of the approval period, which is after the 31. In the final decision § 3 of this Regulation, it is necessary to apply the provisions of this Regulation accordingly. Non-official table of contents

§ 10 Entry into force, override

This regulation occurs on the 1. January 2008, in force.