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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Read the untranslated law here: http://www.gesetze-im-internet.de/algiiv_2008/BJNR294200007.html

Regulation for the calculation of income, as well as for not taking account of income and wealth in the unemployment benefit II/social money (unemployment benefit II/social money regulation - ALG II-V) ALG II-V copy date: 17.12.2007 full quotation: "unemployment benefit II/social money Ordinance of December 17, 2007 (BGBl. I p. 2942), most recently by article 10 of the law of 21 March 2013 (BGBl. I S. 556) is changed" stand: last amended by art. 10 G v. 21.3.2013 I 556 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : January 1, 2008 +++) input formula on the basis of article 13 of the second book the social law - basic security for jobseekers - (article 1 of the law of 24 December 2003, Federal Law Gazette I pp. 2954, 2955), by article 1 No. 11 of the law of July 20, 2006 (BGBl. I p. 1706) is changed, prescribed the Federal Ministry of labour and Social Affairs in consultation with the Federal Ministry of Finance: § 1 not to be taken into account as income revenue (1), except the revenue referred to in section 11a of the second book of the social code are not as Income taken into account: 1 revenue, if within a calendar month not exceed 10 euros, 2. Services, specifically for the need to consider when the power according to § 19 paragraph 2 sentence 1 in conjunction with article 28, paragraph 6, of the second book of the social code savings household consumption expenditure are provided, up to the amount according to § 5a number 3, 3 (dropped out) 4 non-taxable income a caregiver for services of basic care and household care , 5 when soldiers abroad using surcharge and the performance payment, 6 the bridging aid paid from federal funds after article IX paragraph 4 of the agreement between the parties to the North Atlantic Treaty on the status of their forces (NATO status) of 19 June 1951 (BGBl. 1961 II p. 1190) to former workers at the armed forces of stationing of and referred to in article 5 of the Act to the note change from 25 September 1990 and September 23, 1991 on the legal status of the Allied forces stationed in Germany and to the Convention of the 25 September 1990 concerning certain questions on Berlin by January 3, 1994 (BGBl. 1994 II p. 26) to former workers at the Allied forces in Berlin, 7 the home owner, unless they demonstrably to finance one by § 12 para 3 sentence 1 No. 4 of book II of social law as assets to address real estate is used 8 child benefit for children of needy , as far as it demonstrably is forwarded to the child living not in the household of the needy, 9 social money receivers, which still does not have, age 15 income from gainful employment, insofar as they monthly does not exceed an amount of EUR 100, 10 services education, as far as; used for travel expenses for training or training materials at least an amount is deductible, pursuant to section 11 b paragraph 2 sentence 1 of book II of social law of the training allowance this excess amount only applies to the about, 11 meals outside of § 2, 3 and 4 number 4 mentioned income types provided in the section, 12 monetary gifts to minors on the occasion of the confirmation, first communion, confirmation or similar religious festivals, as well as on the occasion of the consecration of the youth , as far as they the number 1a of the second book of the social code mentioned amount in article 12, paragraph 2, sentence 1 not exceed.
(2) in the case of the § 9 par. 5 of the second book of the social code underlying assumption that purpose related and living parents with them in budget community services, to the deductible amounts pursuant to section 11 are b of the second book of the social code to take into account adjusted revenue usually not as income unless they have a franchise in the double amount of the applicable according to article 20, paragraph 2, sentence 1 rule requirements plus the proportionate expenses for accommodation and heating, as well as in going beyond 50 percent of these Not exceed limit excess adjusted revenue. section 11a of the second book of the social code shall apply mutatis mutandis.
(3) for approval periods which started before 1 January 2009, child support as income is taken into account, as far as it exceeds the force until December 31, 2008 amounts of the income tax Act and § 6 paragraph 1 and 2 of the federal child benefit act according to article 66, paragraph 1. Sentence 1 shall apply until the end of the grant period, to take into account 2009 (4) not as income but no longer than until May 31 revenue of General or vocational schools, still not have reached age 25, from economic activities carried out during the school holidays for a maximum of four weeks per calendar year, unless they at does not exceed an amount of EUR 1 200 pupils. For the calculation of the period pursuant to sentence 1 exercised activities with an income, remain in the school holidays the monthly the section 11 b paragraph 2 sentence 1 of the second book of the social code or in paragraph 1 paragraph 9 monthly amount referred to does not exceed not taken into consideration. Sentence 1 does not apply to pupils and students who are entitled to a training allowance. The provisions of the prevocational remain unaffected.
(5) not as income, parental allowance is amounting to 150 euros per month of life a child started before January 1, 2011, unless it is paid after due to a possibility of extension (section 6 sentence 2 of the Federal parental benefits and parents time Act) revoked before January 1, 2011.
(6) the injury pension is partly after the seventh book of the social code rather than account for income, if it is provided on the basis of one in the exercise of compulsory of military service in the national people's army of the former German Democratic Republic of suffered health damage. While the amount not to be taken into account determined pursuant to § 31 of the Bundesversorgungsgesetzes, which is to pay for the degree of the damage effects, corresponding to the respective reduction of earning capacity according to the amount of the basic pension. At a reduction of earning capacity by 20 percent the amount not to be taken into account is one-third the minimum basic pension two thirds, with a reduction of earning capacity by 10 percent after the Federal.
(7) for working beneficiaries, taking part in a federal voluntary service or a youth willing service, is instead the amounts pursuant to section 11 b paragraph 1 sentence 1 number 3 to 5 of book II of social law of the pocket money according to § 2 para 1 No. 3 of the Youth Act willing to or section 2 number 4 of the Federal volunteer service act a drop amounting to a total of 200 euros per month. Exceeds the sum of the amounts pursuant to § 11 paragraph 1 sentence 1 number 3 to 5 of the second book of the social code is the amount of 140 euros, sentence 1 does not. In this case an amount of EUR 60 is monthly pocket money in addition rather than take into account income. Sentences 1 to 3 do not apply to working age beneficiaries, who are gainfully employed or from an activity covers or revenue received pursuant to section 3 paragraph 12, 26, 26a or 26B of the income tax Act are exempt from tax.

Section 2 calculation of income from employment (1) in the calculation of income from employment (§ 14 of the fourth book of the social code) is to go out from the gross receipts.
(2) (dropped out) (3) at current income during the approval period is to expect that this flow to at different heights can be laid as income a monthly average income basis. As a monthly average income the part of income is for each month during the approval period taken into account, resulting from the Division of the total income in the approval period by the number of months during the grant period. As far as benefits to the living pursuant to article 40, paragraph 2 number 1 of the second book of the social code provisionally decided to grant is the monthly average income taken into account in the preliminary decision in the final decision as income basis if the actual monthly average income exceeds specified in the provisional decision based monthly average income by no more than 20 euros.
(4) (lapsed) (5) in the calculation of income is the value of the full Board with daily 1% of applicable according to article 20 of the second book of the social code monthly rule needs to be provided by the employer. Is catering of part of is provided, a proportion of 20 per cent and on the lunch and dinner accounted for breakfast shares by 40 percent each of which pursuant to sentence of 1 resulting amount.
(6) other income in monetary value are to take their market value as income. Taking in money value as part of the rule requirements is taken into account, according to article 20 of the second book of the social code the amount is as the value of taking in money value at most to apply, is included for this part in the applicable rule requirements.
(7) the income can be estimated after consulting, if basic security for jobseekers benefits once or for a short time to provide are 1 or taking into account income only for a short time or 2. the decision on the provision of services the basic provision for jobseekers in the individual case will tolerate no delay.
§ 3 calculation of income from self-employed work, business or agriculture and forestry (1) in calculating the income from self-employed work, business or agriculture and forestry is to assume the operating revenue. Operating revenues are all revenue generated from self-employed work, business or agriculture and forestry, which actually allocated during the grant period (§ 41 para 1 sentence 4 of the second book of the social code). Is gainful employment is exercised pursuant to sentence 1 only during part of the grant period, is the income for this period of time to calculate.
(2) for the calculation of income, necessary expenditure actually carried out during the grant period with the exception of the amounts to be off pursuant to section 11 b of the second book of the social code are operating revenue without putting off consideration of tax regulations.
(3) actual expenditure should be removed, unless they are fully or partially preventable or obviously are not the circumstances during the cover of the services to the basic provision for jobseekers. Proven revenue can be increased appropriately in the calculation, if to assume is that the proven amount of revenue is obviously not the actual revenue. Expenditure can be removed when calculating, if the ratio of expenditure to the respective returns in a conspicuous disproportion. Expenses are also not set down, as far as have been for them, loans or grants provided under the second book of the social code or operating loans taken. This applies also to expenditure, as far as other loans are used to finance.
(4) for each month, the portion of the income is taken into account, resulting from the Division of the total income in the approval period by the number of months during the grant period. In the case of paragraph 1 sentence 3 that portion of the income is monthly income the number in the paragraph 1 sentence 3 period covered months corresponds to in. Of the income, the amounts are 11 b of the second book of the social code according to § to depose.
(5) an annual computation of income is due to the nature of employment, also income should be included in the calculation of income according to the paragraphs 2 to 4 set 1 referred to in paragraph 1, has achieved the or the working age beneficiaries within a period of six months prior to submission of the repeated, if the or the working age beneficiaries has been pointed out. This does not apply, the income was already considered in the permit period preceding the submission of the repeated or application in this period would be taken into account need to.
(6) to the extent of benefits to the living pursuant to article 40, paragraph 2 number 1 of the second book of the social code provisionally decided to grant the income can be estimated during the approval period for the final decision, if the actual income is not detected within a period of two months after the end of the grant period.
(7) If a motor vehicle is used predominantly operational, the actually necessary expenditure for this car as operational expenditure should be off. For private trips, spending are to reduce 0.10 euro for every kilometre driven. A motor vehicle is used for predominantly operational, if it is used operationally to at least 50 percent. Is a motor vehicle is mainly privately used, actual expenditure are not business expenses. For business trips, €0.10 for every kilometre driven with the private motor vehicle can be removed as far as who or which establishes working age beneficiaries not more necessary spending for fuel.

Article 4 calculation of income in other cases for the calculation of income from earnings not covered by paragraphs 2 and 3, is to apply article 2 according to. This includes in particular income from 1 benefits, 2. rental and leasing, 3. capital assets and 4 military, spare and volunteer service relationship.

§ 5 expenses are deductible expenditure only up to the amount of income from the same type of income to deduct. Income should not be reduced to spending an other type of income.

§ 5a amounts for the examination of the need for help when assessing the need for help is to use 1 for school trips (article 28, paragraph 2, sentence 1 number 1 of the second book of the social code) a sum of three euros per month, 2 for the multi-day trips (article 28, paragraph 2, sentence 1 number 2 of the second book of the social code) per month the amount is at the Division of the expenses , which occur for the overnight class trip, evaluates to a period of six months from the start of the month following the request, 3. for savings household consumption expenditure when requesting community lunch the amount referred to in section 9 of the rule requirements discovery law.

§ 6 amounts to be used by the income amounts (1) as are amounts to depose 1 of the income volljähriger performance entitled an amount of 30 euros per month for contributions to private insurance companies according to § 11 paragraph 1 sentence 1 No. 3 of the second book of social code, appropriately according to reason and amount are, 2. on income of minors an amount of 30 euros per month for contributions to private insurance companies according to § 11 b paragraph 1 No. 3 of the second book of the social code , the reason and the amount are appropriate, if the minor appropriate insurance has completed or, 3. income working for the amounts referred to in article 11 b paragraph 1 sentence 1, paragraph 5 of the second book of social security code a) a sum amounting to EUR 15,33 monthly as necessary expenses associated with his achievement; This does not apply for income under section 3, b) also when using a motor vehicle for the journey between home and work for distances to the exercise of gainful employment EUR 0.20 for each distance kilometers of the shortest road connection, as far as or working age beneficiaries not more necessary spending can prove.
(2) unless taking account of the lump sum number 3 is unreasonably high referred to in paragraph 1 letter b compared to the ride costs incurred when using a reasonable means of public transport, only these as standard amount should be off.
(3) for additional expenses for meals is a standard amount of 6 euros if the working age beneficiaries person temporarily from his home and the heart of his permanent employment is away working, for each calendar day where the working age beneficiaries person because of this temporary occupation of his home and the activity center is absent at least twelve hours, to depose.

Assets are not not to strengthen section 7 asset (1) out of the assets referred to in article 12 paragraph 3 of the second book of the social code as assets to be considered, which are indispensable to the recording or continuing vocational training or employment.
(2) in § 9 par. 5 of the second book the social law underlying this presumption that relatives and parents with them in budget community services living beneficiaries, is not to take into account assets, to withdraw according to section 12 paragraph 2 of the second book of the social code or according to § 12 para 3 of the second book social security code is not to be considered.

§ Value of assets which is wealth without regard to tax rules with his market value to take into account 8.

§ Is 9 transitional provision for granting periods which started before 1 January 2008, continue to apply paragraph 2a of the unemployment benefit II/social money regulation by October 20, 2004, in the version applicable up to 31 December 2007. section 2a paragraph 4 which is unemployment benefit II/social money regulation by October 20, 2004, in the version applicable up to 31 December 2007 with the provision to apply, that for the period of the permit, which is 2007 the year of calculation, in the final decision as income the portion of the profit recorded by the IRS for the year of calculation to take into account is that on this part of the approval period is eliminated. For the period of the permit, which is after December 31, 2007, is in the final decision article 3 of this Regulation shall apply accordingly.

Article 10 entry into force, expiry this regulation enters into force on 1 January 2008.