Social Code (SGB) Second book (II)-Basic insurance for jobseekers-(Article 1 of the Law of 24 December 2003, BGBl. 2954)

Unofficial table of contents

SGB 2

Date of completion: 24.12.2003

Full quote:

" The Second Book of Social Security-Basic Safety for jobseekers-in the version of the announcement dated 13 May 2011 (BGBl. I p. 850, 2094), which is provided by Article 5 of the Law of 24 June 2015 (BGBl. 974).

Status:	New by Bek. v. 13.5.2011 I 850, 2094;
	Last amended Art. 2 G v. 22.12.2014 I 2411
Note:	Amendment by Art. 2 para. 20 G v. 1.4.2015 I 434 (No 14) in a textual proof, not yet concludedly processed in a documentary form
	Amendment by Art. 1a G v. 15.4.2015 I 583 (No 15) not yet taken into account
	Amendment by Art. 5 G v. 24.6.2015 I 974 (No 24) is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2005 + + +) 

  

The G was referred to as Article 1 (d). G v. 24.12.2003 I 2954 (ArbMService LG 4) approved by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 61 (1) of this Act shall enter into force on 1 January 2005. § § 6, 6a, 13, 18 (4), 27, 36, 44b, 45 (3), 46 (1), (65) and (66) shall act in accordance with the provisions of the following paragraphs. Art. 61 (2) idF d. Art. 14 No. 4 (a) G v. 30.7.2004 I 2014 in force on 1.1.2004. Unofficial table of contents

Content Summary

Chapter 1Fördern and Fordern

§ 1	Task and goal of the basic insurance for jobseekers
§ 2	Principle of Forderns
§ 3	Performance principles
§ 4	Performance forms
§ 5	Relationship to other benefits
§ 6	Support for basic insurance for jobseekers
§ 6a	Authorised communal institutions
§ 6b	Legal status of authorised local authorities
§ 6c	Transfer of personnel with the approval of further municipal institutions and at the end of the sponsorship
§ 6d	Job Center

Chapter 2 Eligibility Requirements

§ 7	Performers
§ 7a	Age limit
§ 8	Employability
§ 9	Need for assistance
§ 10	Zumutability
§ 11	Income to be considered
§ 11a	Income not to be considered
Section 11b	Settling amounts
§ 12	Assets to be considered
§ 12a	Priority benefits
§ 13	Authorisation

Chapter 3Benefits Section 1Benefits for
Integration into work

§ 14	Principle of funding
§ 15	Inclusion Agreement
Section 15a	Immediate bid
§ 16	Inclusion benefits
§ 16a	Municipal integration services
§ 16b	Entry Money
§ 16c	Benefits for the integration of self-employed persons
§ 16d	Work matters
§ 16e	Promotion of employment relationships
§ 16f	Free promotion
§ 16g	Support in case of elimination of the need for assistance
§ 17	Facilities and services for inclusion
§ 18	Local cooperation
Section 18a	Cooperation with the bodies responsible for the promotion of employment
§ 18b	Cooperation Committee
§ 18c	Federal States Committee
§ 18d	Local Advisory Council
§ 18e	Representatives for equal opportunities in the labour market

Section 2Benefits
Maintenance of the subsection of life subsection 1Performance

§ 19	Unemployment benefit II, social benefits and benefits for education and participation

Subsection 2Unemployment benefits II and social benefits

§ 20	Rule requirements to ensure the livelihood
Section 21	Multi-requirement
Section 22	Needs for accommodation and heating
Section 22a	Statutes
§ 22b	Content of the Statutes
Section 22c	Data collection, evaluation and verification
Section 23	Special features for social benefits

Subsection 3Differing
Provision of services and other services

§ 24	Divergent provision of services
Section 25	Benefits in the case of medical rehabilitation of the pension insurance and in the case of injury-benefit benefits from the accident insurance
Section 26	Contribution to insurance contributions
§ 27	Benefits for apprentices

Subsection 4Benefits for education and participation

§ 28	Demand for education and participation
§ 29	Provision of services for education and participation
§ 30	Legitimate self-help

Subsection 5Sanctions

Section 31	Breaches of duty
Section 31a	Legal consequences of breaches of duty
Section 31b	Start and duration of the reduction
Section 32	Reporting failures

Subsection 6Commitments Other

§ 33	Transition from entitlements
Section 34	Claims for compensation in the event of adverse social behaviour
§ 34a	Claims for compensation for unlawfully received benefits
§ 34b	Claims for compensation in accordance with other provisions
§ 35	Liability for liability

Chapter 4Common provisions relating to benefits Section 1Jurisdiction and procedures

§ 36	Local competence
§ 36a	Reimbursement of expenses when staying in the women's house
Section 37	Application Request
§ 38	Representation of the community
§ 39	Immediate enforceability
§ 40	Application of procedural rules
§ 40a	Claim for reimbursement
Section 41	Calculation of benefits
§ 42	Payment of cash benefits
§ 42a	Loans
Section 43	Offset
§ 43a	Distribution of partial payments
Section 44	Change of claims

Section 2Single Decision

Section 44a	Determination of employability and the need for assistance
§ 44b	Joint Facility
Section 44c	Carrier Assembly
§ 44d	Managing Director, Managing Director
Section 44e	Proceedings in the event of disagreement on the authority of the White House
Section 44f	Management of federal funds
§ 44g	Allocation of activities to the common organisation
§ 44h	Staff representation
§ 44i	Disability representation; youth and trainee representation
§ 44j	Gender equality officer
§ 44k	Job management
§ 45	(dropped)

Chapter 5Financing and supervision

Section 46	Funding from federal funds
§ 47	Supervision
§ 48	Supervision of approved municipal authorities
§ 48a	Comparison of performance
§ 48b	Target Agreements
§ 49	Internal revision

Chapter 6Data collection, processing and
-use, data protection responsibility

§ 50	Data transfer
Section 51	Collection, processing and use of social data by non-public bodies
§ 51a	Customer number
Section 51b	Data collection and processing by the providers of basic insurance for jobseekers
§ 51c	(dropped)
Section 52	Automated Reconciliation
§ 52a	Verification of data

Chapter 7Statistics and research

Section 53	Statistics and transmission of statistical data
§ 53a	Unemployed
§ 54	Inclusion balance sheet and inclusion report
§ 55	Impact research

Chapter 8Co-action obligations

§ 56	Notification and certification of work incapacity
Section 57	Obligation to provide information for employers
Section 58	Income certificate
§ 59	Reporting obligation
§ 60	Obligation to provide information and the obligation to comply with third parties
Section 61	Disclosure requirements for work on integration into work
Section 62	Compensation

Chapter 9Strait and Penal

§ 63

Fines

Section 63a

Data protection law

Section 63b

Data protection law

Chapter 10Fight against abuse of power

Section 64

Responsibility

Chapter 11Transial and final provisions

Section 65	General transitional provisions
Section 65a	(dropped)
§ 65b	(dropped)
Section 65c	(dropped)
§ 65d	Transmission of data
§ 65e	Transitional arrangements for charging
Section 66	Changes in the law on inclusion in work
Section 67	Free-amount Reregulation Act
Section 68	Law amending the Second Book of the Social Code and other laws
Section 69	Law on the further development of basic insurance for jobseekers
Section 70	Transitional provisions on the law implementing the European Union's directives on residence and asylum
Section 71	(dropped)
Section 72	Seventh law amending the Third Book of the Social Code and other laws
Section 73	Law on the reorientation of labour market policy instruments
Section 74	(dropped)
§ 75	Law on the further development of the organization of the basic insurance for job-seekers-applicability of § 6a (7), § 44d and § 51b
Section 76	Law on the further development of the organization of basic insurance for jobseekers
Section 77	Law for the determination of rule requirements and amending the Second and Twelfth Book of Social Law
Section 78	Law to improve the integration opportunities in the labour market
§ 79	Eighth law amending the Second Book of the Social Code-Supplement to the provisions of personal law

Chapter 1
Promote and Fordern

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§ 1 Task and aim of the basic insurance for jobseekers

(1) The basic insurance for jobseekers should enable persons entitled to benefit to live a life which corresponds to the dignity of the person. (2) The basic insurance for jobseekers shall be the responsibility of self-employed persons entitled to work. and to help people who live with them to live in a community of needs and to contribute to their livelihood independently of the basic security of their own resources and forces. It is intended to support those who are eligible for work in the reception or retention of employment and to secure their livelihood insofar as they cannot be able to dispute it in another way. Equality between men and women must be pursued as a consistent principle. The benefits of the basic security shall, in particular, be directed to:

1.

avoid or eliminate the need for assistance, shorten the duration of the need for assistance or reduce the extent of the need for assistance,

2.

the earning capacity of a person entitled to benefits is maintained, improved or re-established,

3.

to counteract gender-specific handicaps of working-age beneficiaries,

4.

the family-specific living conditions of working-age beneficiaries who educate children or care for dependants, are taken into account,

5.

Disability-specific disadvantages are overcome,

6.

to encourage and maintain incentives to take up and pursue gainful employment.

(3) The basic insurance for jobseekers includes services

1.

to put an end to or reduce the need for assistance, in particular through integration into work and

2.

in order to secure the livelihood.

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§ 2 Principle of Forderns

(1) Eligible beneficiaries and those living with them in a community of needs must take full advantage of all means of terminating or reducing their need for assistance. A person who is entitled to work must actively participate in all measures for their integration into work, in particular, to conclude an agreement on integration. If a gainful activity is not possible in the general labour market in the foreseeable future, the person entitled to work has to take on a reasonable work opportunity offered to him. (2) Eligible beneficiaries and persons with a view to working in the labour market. Persons living with them in a community of needs must, on their own responsibility, take advantage of all the possibilities to make a living from their own resources and resources. Eligible beneficiaries must use their labour force to obtain the livelihood for themselves and the persons living with them in a community of needs. Unofficial table of contents

§ 3 Performance principles

(1) Benefits for integration into work can be provided insofar as they are necessary to avoid or eliminate, shorten or reduce the need for assistance for integration. In the case of work on integration into work,

1.

the suitability,

2.

the individual life situation, in particular the family situation,

3.

the probable duration of the need for assistance; and

4.

the permanence of integration

to be taken into account by the eligible beneficiaries. Priority should be given to measures enabling the immediate inclusion of gainful employment. In the case of service provision, the principles of economy and economy must be respected. (2) Eligible beneficiaries, who are the 25. They must be sent immediately after the application for benefits in accordance with this book to an education or work. Where non-professional persons are not able to be trained in training, the Agency should work to ensure that the work carried out also contributes to improving their professional knowledge and skills. (2a) Eligible beneficiaries, who are the 58. (2b) The Agency for Work must work to ensure that persons who are able to work, who do not have a German language skills equivalent to level B1 of the Joint European Framework of Reference for Languages and the

1.

are entitled to participate in an integration course according to § 44 of the Residence Act,

2.

may be required under Section 44a of the Residence Act, or

3.

have a claim pursuant to section 9 (1), first sentence, of the Federal Displaced Persons Act,

participate in an integration course according to § 43 of the Residence Act, provided that they cannot be immediatelated directly in an education or work, and if they cannot be expected to participate in an integration course next to it. An obligation to participate must be included in the inclusion agreement as a priority measure. (3) Benefits for the maintenance of the subsistence may only be provided if the need for assistance is not otherwise removed , the services provided for in this document shall cover the needs of the eligible beneficiaries and the persons living with them in a community of needs. Unofficial table of contents

§ 4 Performance forms

(1) The benefits of basic insurance for job-seekers shall be provided in the form of:

1.

services,

2.

cash benefits and

3.

Benefits in kind.

(2) The institutions competent in accordance with Article 6 shall ensure that persons entitled to work and those living with them in a community of needs provide the necessary advice and assistance from other institutions, in particular those of the sick and the elderly. Pension insurance, received. The institutions responsible in accordance with § 6 also work towards ensuring that children and young people have access to suitable existing offers of social participation. For this purpose, they cooperate with schools and day-care facilities, youth welfare institutions, municipalities and community associations, free institutions, associations and associations and other acting persons on the ground. They are intended to support parents and to contribute in a suitable way to ensuring that children and young people take care of education and participation as much as possible. Unofficial table of contents

§ 5 Relationship with other benefits

(1) The provisions of this book shall not affect the performance of other benefits, in particular those of the institutions of other social security services. Discretionary benefits may not be denied because this book provides for appropriate services. (2) The entitlement to benefits in accordance with this book shall include benefits in accordance with the third chapter of the Twelfth Book out. Benefits under the fourth chapter of the Twelfth Book are a priority over social benefits. (3) Do not make the necessary application for the performance of another institution, the performers can, in spite of a request, make a request for the benefits of another institution. submit the application, appeal and appeal. The expiry of periods which have passed without fault of the service providers according to this book does not act against the service providers according to this book; this does not apply to procedural deadlines, insofar as the service providers according to this book the procedure operate themselves. Unofficial table of contents

§ 6 Support for basic insurance for jobseekers

(1) The institution of the services provided for in this book is:

1.

the Federal Employment Agency (Bundesagentur), as far as the number 2 does not determine otherwise,

2.

the county-free cities and counties for the services referred to in § 16a, the unemployment benefit II and the social allowance, to the extent that unemployment benefit II and social benefits are provided for the needs for accommodation and heating, the benefits provided for in Article 24 (3) sentence 1 Number 1 and 2, § 27 (3) and for the services provided for in § 28, unless other institutions are determined by national law (municipal carriers).

To assist them in carrying out tasks, they can set up an external service to combat abuse of power. (2) Countries can determine that and to what extent the counties will be responsible for their respective communities. or associations for the purpose of carrying out the tasks referred to in point 2 of the first sentence of paragraph 1, in accordance with this law, and shall be able to give instructions to them; in such cases, the parties shall adopt the notice of opposition under the Social Justice Act. § 44b (1) sentence 3 shall remain unaffected. The sentences 1 and 2 also apply in the cases of § 6a with the proviso that a use can also be made for the tasks in accordance with § 6b (1) sentence 1. (3) The Länder Berlin, Bremen and Hamburg are authorized to comply with the provisions of this Act on To adapt the competence of the authorities responsible for the basic security of jobseekers to the special administrative structure of their countries. Unofficial table of contents

§ 6a Municipal institution awarded

(1) The authorisations granted pursuant to the Local Government Authorisation Regulation of 24 September 2004 (BGBl. 2349) instead of the Federal Agency as the institution of the services provided for in the first sentence of Article 6 (1) (1) (1) (1), the Federal Ministry of Labour and Social Affairs shall be subject to an unlimited period of time beyond 31 December 2010 by the Federal Ministry of Labour and Social Affairs , if the approved municipal authorities recognise the obligations laid down in paragraphs 4 and 5 of the first sentence of paragraph 2 and by 30 September 2010 in relation to the competent supreme authority of the State. (2) A limited number of other communal authorities shall be made available at the request of the competent authority. Institution of the Federal Ministry of Labour and Social Affairs as a carrier within the meaning of § 6 (1) sentence 1 Number 1 shall be approved by legal regulation without the consent of the Federal Council, if it

1.

are suitable for carrying out the tasks,

2.

undertake to establish a specific body referred to in paragraph 5,

3.

undertake, at least 90 per cent of the officials and employees of the Federal Agency, who at the time of admission have been admitted for at least 24 months in the working community situated in the territory of the municipal institution or agency for work in separate tasks within the remit of Section 6 (1), first sentence, from the date of the authorisation to employ permanently,

4.

undertake to conclude, with the competent State authority, a target agreement on the benefits provided for in this book; and

5.

undertake to collect the data set out in the legal regulation pursuant to Section 51b (1), second sentence, and to submit them to the Federal Agency in accordance with § 51b (4), in order to provide uniform data collection, reporting of results, Enabling impact research and performance comparisons.

§ 6 (3) shall apply mutatily for the eligibility of the application. The application shall require a majority of two-thirds of the members of the municipal institutions and the consent of the competent national authority in the representative bodies responsible for this purpose. The number of municipal institutions approved under paragraphs 1 and 2 shall not exceed 25 per cent of the working groups existing at 31 December 2010 in accordance with Section 44b in the version valid until 31 December 2010, approved municipal authorities The Federal Ministry of Labour and Social Affairs is authorized to provide the necessary information to the public and to the county and county-free cities in which no working group has been established in accordance with § 44b in the version valid until 31 December 2010 (task carrier). the conditions for the eligibility referred to in paragraph 2 (1) and the determination thereof, and the distribution of the Authorisations pursuant to paragraphs 2 and 4 to be regulated by the Federal Council with the consent of the Bundesrat. (4) The application referred to in paragraph 2 may be made by 31 December 2010 with effect from 1 January 2012. In addition, from 30 June 2015 to 31 December 2015, an application for authorisation may be submitted with effect from 1 January 2017, in so far as the number of municipal institutions approved under paragraphs 1 and 2 is 25 per cent of the date of 1 January 2015. shall be subject to the provisions of the fourth sentence of paragraph 2. The authorisations are granted indefinitely. (5) In order to carry out the tasks in place of the Federal Agency, the approved municipal institutions establish and maintain special facilities for the performance of the tasks according to this book. (6) The The Federal Ministry of Labour and Social Affairs can revoke the authorisation without the consent of the Federal Council, with the consent of the competent upper state authority. At the request of the approved municipal institution, which requires the approval of the competent top-level authority, the Federal Ministry of Labour and Social Affairs shall revoke the authorisation by means of a regulation without the consent of the Federal Council. The sponsorship ends at the end of the calendar year following the submission of the application. (7) At the request of the municipal institution, which requires the approval of the supreme state authority, the Federal Ministry of Labour objected, limited or expanded it. Social affairs the admission in accordance with paragraph 1 or 2 by means of a legal regulation without the consent of the Bundesrat, if and to the extent that the admission due to a municipal restructuring no longer corresponds to the territory of the communal carrier. The second sentence of paragraph 2, points 2 to 5 shall apply mutas to the extension of the authorisation. The application referred to in the first sentence may be made by 1 July of a calendar year with effect from 1 January of the following calendar year.

Footnote

§ 6a (2) sentence 3: In accordance with the decision formula, Article 28 (2) iVm Art. 70 (1) GG is incompatible. BVerfGE v. 7.10.2014 I 1638-2 BvR 1641/11- Unofficial table of contents

Section 6b Legal status of approved municipal institutions

(1) The approved municipal authorities shall, in place of the Federal Agency within the framework of their local jurisdiction, be the institution of the tasks referred to in the first sentence of Article 6 (1) (1), with the exception of those arising from § § 44b, 48b, 50, 51a, 51b, 53, 55, 56 (2), § § 64 and 65d. In this respect, they have the rights and obligations of the Agency for Work. (2) The Federal Government shall bear the expenses of the basic insurance for job-seekers, including the administrative costs, with the exception of the expenses for tasks pursuant to § 6 (1) sentence 1, point 2. The first sentence of Article 46 (1), the second sentence and the first sentence of paragraph 3 shall apply mutah § 46 Paragraph 5 to 8 shall remain unaffected. (2a) For the management of federal budget funds by the approved municipal institutions, the federal budget provisions shall apply, in so far as the federal government or the federal government is responsible for the management of the budget. The Federal Court of Auditors shall be entitled to examine the granting of benefits. (4) The Federal Ministry of Labour and Social Affairs shall examine whether there is any revenue and/or income from the Federal Court of Auditors. expenditure in the specific body referred to in Article 6a (5) is justified and substantiated; Principles of economy and economy. The examination may be carried out in a simplified procedure if the authorised municipal institution has set up an administrative and control system which ensures the regularity of the calculation and payment and that it is the responsibility of the Federal Ministry for the Work and social affairs an assessment of whether expenses are to be borne by the Federal Government according to the reason and the amount. The Federal Ministry of Labour and Social Affairs announces local examinations at an approved municipal institution in relation to the state authority responsible pursuant to § 48 paragraph 1 and informs them of the outcome of the examination. (5) The Federal Ministry For work and social affairs, the approved municipal institution may require the reimbursement of funds which it has obtained at the expense of the federal government without legal reason. The amount to be reimbursed shall be galvanissed during the course of the deprivation. The default interest rate for the year is 3 percentage points above the base interest rate. Unofficial table of contents

§ 6c Transfer of personnel with the admission of additional communal carriers and upon termination of the sponsorship

(1) The officials, employees of the Federal Agency, who, on the day before the admission of another municipal institution pursuant to Section 6a (2) and at least 24 months, have been assigned to the Federal Agency as the institution pursuant to Article 6 (1) of the German Federal Agency for the Protection of the Environment In the territory of the municipal institution, the first point of the first paragraph shall be the service of the municipal institution at the time of the re-authorisation. In the case of the trainees at the Federal Agency, the first sentence applies accordingly. The transfer of a civil servant from the municipal institution to the Federal Agency, which has been transferred to the first sentence, shall not be subject to the approval of the Federal Agency until it has 10 per cent of the civil servants, employees and civil servants who have been transferred to the Federal Agency in accordance with the first sentence of the first sentence. Workers resumed. Until the share referred to in the third sentence is reached, the Federal Agency shall be obliged to reinstate the employees who have been transferred in accordance with the first sentence of sentence 1 and who are willing to do so on a proposal from the local authority. The translation and re-establishment within the meaning of sentences 3 and 4 shall be completed within three months of the date of the re-authorisation. The sentences 1 to 5 shall apply mutagentily to authorizations pursuant to § 6a (4) sentence 2 as well as extensions of the admission pursuant to § 6a (7). (2) Ends the sponsorship of a municipal institution in accordance with § 6a, the civil servants, employees and employees. Employees of the municipal institution which, on the day before the termination of the sponsorship, carried out tasks instead of the Federal Agency as the institution pursuant to Article 6 (1) (1), at the time of the termination of the sponsorship, by law into the service of the Federal Agency. In the case of the trainees at the municipal institution, the first sentence shall apply. (3) In accordance with the provisions of paragraph 1 or 2, officials shall, by virtue of the provisions of paragraph 1 or 2, enter into the service of another institution, the proportion of civil servants with the other institution shall be: continued. If, pursuant to the provisions of paragraph 1 or 2, workers enter into the service of another institution, the new institution shall, without prejudice to the provisions of the third sentence, enter into the rights and obligations arising out of the conditions of employment which shall be: The date of the transfer. The collective agreements in force for workers of the new institution shall apply exclusively from the date of the transfer. Officials, employees or employees shall be required to confirm the continuation of the official or employment relationship in writing by the receiving institution. Section 107b of the Staff Regulations of Officials shall apply in accordance with the provisions of Section 107b of the Staff Regulations for the distribution of the supply loads with regard to the officials and civil servants who are transgressing under paragraph 1 or 2 With the entry into force of the State Contract for Supply Relief Contracts, the relevant provisions of the State Contract for Supply Relief Contracts are to be applied in accordance with the provisions of the State Treaty. (4) Officials who are required to comply with the provisions of paragraph 1 or 2 of the Agreement. In the event of a law being transferred to the service of another institution, the Office shall be transferred to an office which is to be evaluated and which, in accordance with its previous duties, is in accordance with its meaning and content, without taking into account the service and the seniority. If, in exceptional circumstances, a use corresponding to the previous office is not possible, another office with a lower basic salary may also be transferred to them. If, in accordance with the first or second sentence, the total amount of the basic salary, the general employment allowance or the corresponding remuneration components and the special payment (remuneration to be paid out) is reduced, the receiving institution shall have a compensatory allowance for: . The compensatory allowance shall be determined on the basis of the difference between the remuneration to be equated with the donor and the receiving institution at the time of the transfer. The compensatory allowance shall be deducted from any increases in the remuneration to be equated to the receiving institution. The compensatory allowance is ruhe-lasting. As part of the pension scheme, the compensatory allowance shall be reduced by this increase in respect of each increase in the pensions referred to in the basic salary. In the case of the second sentence, the officials may, in addition to the new official title, be entitled "out of service" by the former office (" a. D. ") (5) Workers who enter into the service of another institution pursuant to paragraph 1 or 2 of the Act shall, in principle, be entrusted with an activity equivalent to that of collective agreements. If, in exceptional circumstances, such use is not possible, a lower rate of activity can be transferred to them. If the remuneration is reduced in accordance with the first and second sentences, a compensatory payment equal to the difference between the remuneration of the donor at the time of the transfer and the remuneration in question shall be equal to the remuneration of the person who is to be paid. receiving carrier. Unofficial table of contents

§ 6d Jobcenter

The joint bodies referred to in § 44b and the approved municipal institutions pursuant to § 6a shall lead to the designation Jobcenter.

Chapter 2
Eligibility requirements

Unofficial table of contents

§ 7 beneficiaries

(1) Services according to this book shall be awarded to persons who:

1.

the 15. the age limit and the age limit referred to in § 7a have not yet been reached,

2.

are capable of working,

3.

are in need of assistance, and

4.

have their habitual residence in the Federal Republic of Germany

(employable beneficiaries). Excluded are:

1.

Foreign nationals who are not entitled to freedom of movement in the Federal Republic of Germany, workers or self-employed persons, nor on the basis of Section 2 (3) of the Freedom of Movement Law (EU), and their family members for the the first three months of their stay,

2.

Foreign nationals whose residence permits are obtained solely for the purpose of finding a job, and their family members,

3.

Persons entitled to benefit in accordance with § 1 of the Asylum Seekers Benefits Act.

Sentence 2 (1) shall not apply to foreign nationals who are staying in the Federal Republic of Germany with a residence permit under Chapter 2, Section 5 of the Residence Act. Residence regulations remain unaffected. (2) Services are also granted to persons who are living in a community of needs with the benefit of the working-person. Services and benefits in kind will only be provided to them if they remove or reduce barriers to the integration of the working-age eligible beneficiaries. In order to meet the requirements of § 28, the persons mentioned there shall also receive benefits for education and participation if they live together with persons in a household with which they do not form a community of needs only because they are due to of the income or assets to be taken into account are not self-sufficient. (3) belong to the needs community

1.

the eligible beneficiaries,

2.

the parents living in the household or the parent of an unmarried working-age child in the household, which is the 25. is not yet completed, and the household partner or partner of this parent who is living in the household,

3.

as partner or partner of the eligible beneficiaries

a)

the non-permanently separated spouse or spouse who is not permanently separated,

b)

the non-permanently separated life partner or life partner who is not permanently separated,

c)

a person who lives together with the person who is entitled to work in a common household in such a way that, according to a constant assessment, the mutual will to accept responsibility for each other and to stand for each other is to be accepted.

4.

the unmarried children of the persons referred to in paragraphs 1 to 3, who are members of the household, if they are 25. They have not yet completed their life year in so far as they cannot procure the services to secure their livelihood from their own income or property.

(3a) A mutual will to bear responsibility for each other and to stand for each other shall be presumed if partners

1.

living together for more than a year,

2.

to live with a common child,

3.

provide for children or relatives in the household; or

4.

Have the power to dispose of the income or assets of the other.

(4) Services in accordance with this book shall not be awarded to persons who are housed in a stationary institution, pension due to age or compensation for the crunch or similar benefits of a public law. The stay in a stationary facility is equivalent to a stay in a facility for the enforcement of judicial detention. By way of derogation from the first sentence, benefits shall be awarded in accordance with this

1.

who is likely to be housed in a hospital for less than six months (§ 107 of the Fifth Book), or

2.

who is housed in a stationary institution and who is in employment at least 15 hours per week under the usual conditions of the general labour market.

(4a) eligible beneficiaries do not receive benefits if, without the consent of the competent institution, they are staying outside of the time-and location-related area and are therefore not available for integration into work . Consent shall be given if there is an important reason for the stay outside the time-and location-related area and the integration into work is not affected. An important reason is, in particular,

1.

participation in a medically prescribed measure of medical care or rehabilitation,

2.

participation in an event that serves the purpose of public policy, ecclesiastical or trade union or is otherwise in the public interest; or

3.

Exercise of a volunteer activity.

Approval may also be given if there is no important reason for the stay outside the time-and location-related area and the integration into work is not affected. The duration of absences in accordance with the fourth sentence shall generally not exceed three weeks in the calendar year. (5) apprentices whose training within the framework of the Federal Education Promotion Act or the § § 51, 57 and 58 of the Third Book of the (6) Paragraph 5 does not apply to apprentices, who are eligible for the benefit of a person who is not entitled to an entitlement to a person's living.

1.

which, pursuant to Article 2 (1a) of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz), have no entitlement to vocational training allowance or, pursuant to Section 60 of the Third Book, no entitlement to vocational training allowance,

2.

the requirements of which, according to § 12 (1) (1) of the Bundesausbildungsförderungsgesetz (Bundesausbildungsförderungsgesetz), are measured according to § 62 (1) or § 124 (1) (1) of the Third Book

3.

who attend an evening school, a dinner school or an evening gymnasium, provided that they are not entitled to a training grant pursuant to § 10 (3) of the Federal Training Promotion Act (Bundesausbildungsförderungsgesetz).

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§ 7a Age limit

Persons born before 1 January 1947 shall reach the age limit by the end of the month in which they are 65. Full year of life. For persons born after 31 December 1946, the age limit shall be increased as follows:






for the Year of birth followed by a Increase for Monateto the end of the month, in which a life-age is completed by

1947	1	65 years and 1 month
1948	2	65 years and 2 months
1949	3	65 years and 3 months
1950	4	65 years and 4 months
1951	5	65 years and 5 months
1952	6	65 years and 6 months
1953	7	65 years and 7 months
1954	8	65 years and 8 months
1955	9	65 years and 9 months
1956	10	65 years and 10 months
1957	11	65 years and 11 months
1958	12	66 years
1959	14	66 years and 2 months
1960	16	66 years and 4 months
1961	18	66 years and 6 months
1962	20	66 years and 8 months
1963	22	66 years and 10 months
1964 onwards	24	67 years.

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§ 8 employability

(1) In the sense of paragraph 1, who is unable to work for at least three hours per day on the basis of the usual conditions of the general labour market, who is unable to work for the foreseeable future on account of illness or disability. Foreigners can only be employed if they are allowed to take up employment or if they are allowed to do so. The legal possibility of taking up employment subject to the consent of § 39 of the Residence Act is sufficient. Unofficial table of contents

§ 9 Need for assistance

(1) In need of assistance, who cannot secure his or her livelihood or not sufficiently from the income or property to be taken into account and who does not provide the necessary assistance from others, in particular from family members or from other institutions (2) In the case of persons living in a community of needs, the income and assets of the partner shall also be taken into account. In the case of unmarried children who are living with their parents or a parent in a community of needs and who cannot secure their livelihood from their own income or property, the income and wealth of the parents or of the parent or of the parent or of the parent or of the parent or of the parent or of the parent or of Take into account the parent and its partner or partner living in the needs community. If the entire demand is not covered by own resources and resources in a community of needs, any person in the needs community shall be deemed to be in need of assistance in proportion to his/her own needs, while the requirements of § 28 shall not be met. Consideration. In the cases referred to in the third sentence of § 7 (2), income and assets shall be taken into account in equal proportion to each other in proportion to a number of beneficiaries, in so far as it exceeds the requirements to be taken into account in the third sentence. (3) No application to a child who is pregnant or cares for his child up to the age of six. (4) It is also in need of assistance that the immediate consumption or the immediate recovery of assets to be taken into account is not is possible or for which this would mean a particular hardship. (5) Life Those in need of assistance in the household community with relatives or persons who have been forced to pay their income are presumed to receive benefits from them, as far as this can be expected according to their income and wealth. Unofficial table of contents

§ 10 Zumutability

(1) A person entitled to work shall be presumed to have any work, unless:

1.

it is physically, mentally or mentally incapable of doing the work,

2.

the exercise of the work would make the future exercise of the previous predominant work much more difficult, since the activity to date has put special physical requirements,

3.

the exercise of the work would endanger the upbringing of their child or the child of their partner or partner; the upbringing of a child, which has completed the third year of life, is generally not at risk, as far as the care in a Day-to-day or in-day care in accordance with the provisions of the Eighth Book or in any other way; the competent local authorities shall seek to give priority to day care for working-class educating persons is offered to the child,

4.

the exercise of the work would not be compatible with the care of one or more of the relatives and the care cannot be ensured in any other way,

5.

the exercise of the work is contrary to another important reason.

(2) A work is not unreasonable solely because of the fact that:

1.

it does not correspond to an earlier professional activity for which the person entitled to work is trained or who has been exercised earlier,

2.

to be considered to be low-level in terms of the training of the person entitled to work,

3.

the place of employment is further away from the place of residence of the person entitled to work as a former place of employment or training;

4.

working conditions are less favourable than in the case of previous employment of the working-person,

5.

it is linked to the termination of an employment, unless there are reasonable grounds to suggest that in the future the assistance needs to be terminated by the activity to date.

(3) Paragraphs 1 and 2 shall apply mutas to the participation in measures for integration into work. Unofficial table of contents

Section 11 Income to be taken into account

(1) Income must be taken into account as income in money or money value less the amounts to be deducted in accordance with § 11b, with the exception of the revenue referred to in § 11a. As an income, it is also possible to take into account inflows from social benefits provided in the loan, insofar as they serve the purpose of subsisting. The child surcharge according to § 6a of the Federal Children's Money Act is to be attributed as income to the respective child. This also applies to the child benefit for children belonging to the needs community, to the extent that it is required for the respective child to secure the livelihood, with the exception of the needs according to § 28. (2) The income is to be paid for the month shall be taken into account in which they are infused. Current revenue also includes revenue generated on individual days of a month as a result of short-term employment relationships. Paragraph 3 shall apply in respect of current revenue, which shall be allocated at greater than monthly intervals. (3) One-off revenue shall be taken into account in the month in which they are to be paid. If benefits have already been provided for the month of the influx without taking into account the one-time intake, they will be taken into account in the following month. If the right to benefits is taken into account by taking into account in one month, the one-off intake shall be divided evenly over a period of six months and shall be taken into account on a monthly basis with a corresponding partial amount. Unofficial table of contents

Section 11a Not to be considered income

(1) Not to be considered as income

1.

Services according to this book,

2.

the basic pension under the Federal Supply Act and under the laws which provide for a corresponding application of the Federal Supply Act,

3.

pensions or allowances provided under the Federal Compensation Act for damage to life and to body or health, up to the level of the comparable basic pension according to the Federal Supply Act.

(2) Compensation that is made pursuant to Article 253 (2) of the Civil Code on account of a damage which is not a property damage shall not be considered as an income. (3) Benefits which are due to public law provisions shall be taken into account for an expressly stated purpose only as far as income is to be taken into account than the benefits provided for in this book serve the same purpose in individual cases. By way of derogation from the first sentence, account shall be taken of income

1.

the services provided for in § 39 of the Eighth Book, which are provided for educational use,

a)

for the third foster child, 75 percent,

b)

for the fourth and every other foster child,

2.

the services according to § 23 of the Eighth Book.

(4) Benefits of the free administration of welfare shall not be considered as income, insofar as they do not adversely affect the situation of the recipient in such a favourable manner that, in addition, benefits under this book would not be justified. (5) Any allowances that another person provides without having a legal or moral duty to do so shall not be considered as income, to the extent that:

1.

would be grossly unreasonable for the benefit of the benefits, or

2.

they do not have such a favourable influence on the situation of the persons entitled to benefit, that there would be no justification for the performance of the book.

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Section 11b deducting amounts

(1) To be deducted from income

1.

taxes paid on income,

2.

Compulsory social security contributions, including contributions to the promotion of employment,

3.

Contributions to public or private insurance or similar institutions where such contributions are required by law or are appropriate by reason and amount, which include contributions

a)

for the case of illness and care for persons who are not subject to insurance in the statutory health insurance,

b)

on the retirement provision of persons who are exempt from compulsory insurance in the statutory pension insurance scheme,

in so far as the contributions are not subsidised in accordance with Section 26,

4.

Funded pension contributions in accordance with § 82 of the Income Tax Act, insofar as they do not exceed the minimum personal contribution according to § 86 of the Income Tax Act,

5.

the necessary expenditure to achieve income,

6.

for the employed person, an amount as referred to in paragraph 3,

7.

expenses incurred in fulfilling statutory maintenance obligations up to the amount determined in a maintenance title or in a notarially assessed maintenance agreement;

8.

in the case of eligible beneficiaries whose income is calculated in accordance with the fourth section of the Federal Training Promotion Act or in accordance with § 67 or § 126 of the Third Book in the calculation of the benefits of the training promotion for at least one child , the amount taken into account in accordance with the rules governing the promotion of training.

In the case of the distribution of a one-off income in accordance with § 11 (3) sentence 3, the amounts to be deducted from the one-off intake in the month of the inflow are to be deducted in accordance with points 1, 2, 5 and 6. (2) In the case of eligible beneficiaries, the persons employed , instead of the amounts referred to in the first sentence of paragraph 1, points 3 to 5 shall be replaced by a total of EUR 100 per month. If the monthly income is more than EUR 400, the first sentence shall not apply if the person or persons who are eligible to work proves that the sum of the amounts referred to in the first sentence of paragraph 1 exceeds the sum of EUR 100. Where a person entitled to benefits receives at least one activity or income tax-exempt pursuant to Article 3 (12), (26), (26a) or (26b) of the Income Tax Law, the provisions of sentences 1 and 2 shall apply with the measures to be applied to the body of the person responsible for the Amount of EUR 100 per month, EUR 200 per month, and EUR 200 for the amount of EUR 400. Section 11a (3) remains unaffected. (3) In the case of working-age eligible persons who are in employment, a further amount shall be deducted from the monthly income from employment. This shall be

1.

for the part of the monthly income, which exceeds 100 euros and is no more than 1 000 euros, to 20 percent and

2.

for the part of the monthly income, which exceeds EUR 1 000 and is no more than EUR 1 200, to 10 per cent.

Instead of the amount of EUR 1 200, an amount of EUR 1 500 is to be paid to eligible beneficiaries who either live in the community with at least one minor child or who have at least one minor child. Unofficial table of contents

§ 12 Assets to be taken into account

(1) All assets that can be used are to be considered as assets. (2) The assets must be deducted from the assets.

1.

a basic allowance of EUR 150 per full year of life for each full-year person living in the needs community and their partner or partner, but at least EUR 3 100; the basic allowance may be made for each person who is a full-year person and their partner or partner shall not exceed the maximum amount determined in accordance with the second sentence,

1a.

a basic allowance of EUR 3 100 for each eligible underage child,

2.

Pension provision in the amount of the assets expressly provided for retirement provision under federal law, including income and current pension contributions, provided that the holder or the holder does not benefit from the pension scheme. prematurely,

3.

Monetary claims which serve the purpose of retirement provision to the extent that the holder or the holder cannot use it before retirement on the basis of an irrevocable contractual agreement and the value of the monetary value of claims 750 euros shall not exceed, in each case, the maximum amount of each year of life of the person entitled to work and their partner or partner, but not more than the maximum amount determined in accordance with the second sentence of sentence 2,

4.

an allowance for the necessary purchases of 750 euros for each person living in the needs community.

For persons who:

1.

were born before 1 January 1958, the basic allowance shall be EUR 9 750 for each sentence 1 (1) and EUR 48 750 for the value of the monetary claims as set out in the first sentence of 1 (3),

2.

born after 31 December 1957 and before 1 January 1964, the basic free amount of EUR 9 900, in accordance with the first sentence of 1 (1), and the value of the monetary claims as set out in 1 (3), shall be EUR 49 500 each,

3.

after 31 December 1963, the basic allowance shall be entitled to EUR 10 050 in each case and the value of the monetary claims in accordance with the first sentence of 1 (1) (3) shall be entitled to EUR 50 250 each.

(3) As assets shall not be taken into account

1.

appropriate household advice,

2.

an appropriate motor vehicle for each working person living in the Community;

3.

by the holder or the holder as defined for the provision of retirement provision, to an appropriate extent, where the person entitled to work or its partner or partner is subject to the insurance obligation in the statutory pension insurance,

4.

a self-used property of an appropriate size or a condomitic dwelling;

5.

Assets as long as it is demonstrably intended for the early acquisition or maintenance of a house property of an appropriate size, to the extent that it serves or is intended for the purpose of housing for people with disabilities or in need of care, and for this purpose by means of the the use or the exploitation of the assets would be endangered,

6.

Matters and rights, in so far as their exploitation is manifestly uneconomical or would result in a particular hardship for the person concerned.

For the adequacy, the living conditions during the reference of the services to the basic insurance are decisive for job-seekers. (4) The assets must be taken into account with its traffic value. The evaluation shall be based on the date on which the application for authorization or renewed authorization of the benefits of the basic insurance for job-seekers is made, in the case of late acquisition of assets, the date of the acquisition. Significant changes in the value of the traffic must be taken into account. Unofficial table of contents

§ 12a Priority benefits

Persons entitled to benefit shall be obliged to take advantage of the social benefits of other institutions and to submit the applications required for this purpose, provided this is necessary to avoid, eliminate, shorten or reduce the need for assistance. Notwithstanding the first sentence, persons entitled to benefit shall not be obliged to:

1.

up to the completion of the 63. A life-year pension due to old age is to be taken up in advance or

2.

To take advantage of the housing allowance according to the Housing Act or the surcharge of children under the Federal Children's Money Act, if this does not cover the need for assistance of all members of the community for a continuous period of at least three months would be removed.

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Section 13 Regulation authorisation

(1) The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Finance, to determine by means of a regulation without the consent of the Federal Council,

1.

which other revenue is not to be considered as income and how the income is to be calculated in detail,

2.

which other assets are not to be considered as assets and how the value of the assets is to be determined,

3.

which amounts to be taken into account for the amounts to be deducted from the income,

4.

Which average monthly amounts for individual needs according to § 28 are to be taken into account for the examination of the need for assistance and which own share of the relevant regulatory requirements in the assessment of the needs according to § 28 (6) .

(2) The Federal Ministry of Labour and Social Affairs is authorized, without the consent of the Federal Council, to determine under which conditions and for which duration the persons entitled to benefit after the completion of the 63 years of age shall be determined by the law. (3) The Federal Ministry of Labour and Social Affairs is authorized to do so by means of a legal regulation without the consent of the Federal Ministry of Labour and Social Affairs. Federal Council for more detailed provisions on the time-and location-related area (Section 7 (4a)) as well as on how long and under which conditions eligible beneficiaries are allowed to stay outside of the time-and location-related area without Claims for benefits in accordance with this book.

Chapter 3
Benefits

Section 1
Benefits for inclusion in work

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Section 14 Principle of funding

The providers of the services provided for in this book provide comprehensive support to those who are eligible for work with the aim of integration into work. The Agency for Work is intended to appoint a personal contact person or a personal contact person for each person who is entitled to work and the person living with the person who is living in a community of needs. In compliance with the principles of economy and economy, the institution of the services provided for in this book shall provide all the services required for integration into work in individual cases. Unofficial table of contents

§ 15 Einbreakdown Agreement

(1) The Agency for Work shall, in agreement with the municipal institution, agree on the services required for their integration with each eligible person entitled to work (inclusion agreement). In particular, the inclusion agreement shall determine:

1.

the benefits which the labour force or the economically active person receives for integration into work,

2.

What are the efforts of working eligible beneficiaries in what frequency of integration into work at least, and in what form these efforts are to be demonstrated,

3.

the benefits of third parties, in particular those of other social security benefits, who are entitled to apply for the benefit of eligible beneficiaries.

The integration agreement is to be concluded for six months. After that, a new integration agreement is to be concluded. The experience gained to date shall be taken into account for each of the following classification arrangements. If a classification agreement is not concluded, the regulations shall be made in accordance with sentence 2 by administrative act. (2) The inclusion agreement may also be used to determine the benefits of the persons receiving the agreement with the person or persons responsible for the who are eligible to work in a community of needs. These persons shall be involved. (3) If an education measure is agreed upon in the integration agreement, it is also necessary to determine to what extent and under what conditions the working person or persons who are entitled to work shall be liable for damages if it does not end the measure on account of a reason for which it or it is responsible. Unofficial table of contents

Section 15a Immediate offer

Eligible persons who have not received, within the last two years, cash benefits which are used to secure the livelihood, either in accordance with this book or in accordance with the third book, shall be required to apply for benefits under this Book immediately available for inclusion in work. Unofficial table of contents

§ 16 Benefits for inclusion

(1) In order to integrate into work, the Agency shall provide services in accordance with § 35 of the Third Book. It may provide the following services of the third chapter of the Third Book:

1.

the rest of the provision of advice and assistance after the first section;

2.

Benefits for activation and occupational integration after the Second Section,

3.

Benefits for vocational training according to the fourth subsection of the third section and benefits according to § 54a,

4.

Benefits for continuing vocational training according to the fourth section and benefits according to § § 131a and 131b,

5.

Benefits for the inclusion of employment subject to social security contributions after the first subsection of the Fifth Section.

§ § 112 to 114, 115 number 1 to 3 with the exception of vocational training measures and the vocational training allowance, § 116 (1), (2) and (5) apply for inclusion benefits for disabled persons with a disability according to this book. § § 117, 118 sentence 1 number 3, sentence 2 and § § 127 and 128 of the Third Book accordingly. § 1 (2) (4) and § 36 and § 81 (3) of the Third Book must be applied accordingly. (2) Insofar as this book does not regulate any deviation, the conditions and legal consequences of the third book shall apply to the services referred to in paragraph 1. Exception to the Regulation authorisations pursuant to Section 47 of the Third Book and of the Regulations for the Federal Employment Agency and with the proviso that the unemployment benefit II is replaced by the unemployment allowance. § 44 (3), third sentence, of the Third Book shall apply with the proviso that the promotion from the mediation budget shall not be allowed to increase, replace, or circumvent the other services provided for in the Second Book. (3) By way of derogation from § 44 (1) sentence 1 of the third party Books can also be provided for the initiation and admission of a school-based vocational training. By way of derogation from the second sentence of Article 45 (2) and the third sentence of the third sentence of the third sentence of the third book, the 25-year-old shall be entitled to benefit from the longterm unemployed person or the person capable of working with Have not yet completed their life year and whose professional integration is particularly difficult due to serious mediation barriers, participation in measures or parts of measures carried out by or by an employer (3a) By way of derogation from § 81 (4) of the Third Book, the Agency may be responsible for work under the application of the procurement law institution with the implementation of measures of continuing vocational training If the measure complies with the requirements of § 180 of the Third Book and

1.

a measure corresponding to the educational objective is not available locally, or

2.

The suitability and personal circumstances of the eligible beneficiaries require this.

§ 176 (2) of the Third Book does not apply. (4) The Agency for Work as the bearer of the basic insurance for job-seekers can have the training placement carried out by the agencies of the Federal Employment Agency responsible for the employment promotion. The Federal Ministry of Labour and Social Affairs is authorized, by means of a regulation without the consent of the Federal Council, to provide further information on the amount, the possibilities of the lump-sum and the date of the maturity of the reimbursement of expenses incurred by the Federal Government. To determine the execution of the contract in accordance with the first sentence. (5) (omitted) Unofficial table of contents

Section 16a Municipal integration services

In order to achieve a holistic and comprehensive support and support for integration into work, the following benefits can be provided for the integration of the eligible beneficiaries into the labour market. shall be provided:

1.

the care of underage or disabled children or the home care of relatives,

2.

the debtor counseling,

3.

psychosocial care,

4.

the addiction counseling.

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§ 16b Entry allowance

(1) In order to overcome the need for assistance, eligible persons who are unemployed, who are unemployed, can be provided with an entry fee if they are receiving a paid employment or self-employed activity, if this is the case. Integration into the general labour market is required. The entry fee can also be provided if the assistance needs to be paid by or after taking up gainful employment. (2) The entry fee will be provided for a maximum of 24 months as far as there is a gainful employment for this period. In determining the level of the entry level, the previous duration of unemployment as well as the size of the needs community in which the working person or who is capable of work is based shall be taken into account. (3) The Federal Ministry of Labour and social affairs is authorized, in agreement with the Federal Ministry of Finance, to determine, without the consent of the Federal Council, by means of a legal regulation, how the entry fee is to be measured. In addition to taking account of the criteria set out in the second sentence of paragraph 2, the measurement shall also be related to the relevant regulatory requirements applicable to the eligible beneficiaries. Unofficial table of contents

Section 16c Benefits for the integration of self-employed persons

(1) eligible beneficiaries who hold or exercise a self-employed, principal professional activity may receive loans and grants for the procurement of goods which are necessary for the exercise of self-employed activity and are appropriate. Grants may not exceed EUR 5 000. (2) Eligible beneficiaries who carry out a self-employed, main professional activity may, through appropriate third parties, be provided with advice or mediation of knowledge and skills. Skills are encouraged if this is necessary for the continued pursuit of self-employment. The provision of professional knowledge is excluded. (3) Benefits for the integration of eligible beneficiaries who take up or pursue a self-employed, main professional activity can only be granted if they are to be expected to: is that the self-employed activity is economically viable and that the assistance needs are permanently overcome or reduced by the self-employed activity within a reasonable period of time. In order to assess the sustainability of self-employed activity, the Agency shall require the opinion of a competent authority for its work. Unofficial table of contents

§ 16d Labour matters

(1) eligible beneficiaries may be assigned to work opportunities in order to maintain or regain their employability, which is required for integration into work, if the work carried out therein is: in addition, are in the public interest and are neutral in competition. § 18d sentence 2 shall apply. (2) Work shall additionally be carried out if it is not carried out without the support, not to this extent, or only at a later date. Works carried out on the basis of a legal obligation or which are normally carried out by legal persons under public law shall be eligible only if they are not likely to be eligible for funding until after two years. years. Works to deal with natural disasters and other exceptional events are excluded. (3) Work is in the public interest if the work product is used by the general public. Works whose result serves mainly commercial interests or the interests of a limited group of persons are not in the public interest. The existence of the public interest is not excluded solely by the fact that the work product also benefits those entitled to benefit in the measure if it is ensured that the work is not an enrichment Individual lead. (4) Work is neutral in competition if it is not likely to affect the economy as a result of the promotion and if employment on the general labour market is neither ousted nor in its creation (5) Benefits for integration into work according to this book, with which can be directly supported in the general labour market, shall take precedence over the allocation of employment opportunities. (6) Eligible beneficiaries may be eligible for employment within a period of five years. years no longer than a total of 24 months in employment matters. The period begins with the entry into the first work opportunity. (7) During a work opportunity plus the unemployment benefit II, the working person entitled to work is entitled to an appropriate compensation for the work of the working party. Multi-cost. The work does not establish an employment relationship in the sense of labour law and also no employment relationship within the meaning of the Fourth Book; the provisions on employment protection and the Federal Law on the Law of the Federal Republic of Germany, with the exception of the regulations on the The amount of holiday pay should be applied accordingly. In the event of damage in the performance of their duties, the working-age eligible persons shall be liable. (8) On request, the persons directly required in connection with the execution of the work referred to in paragraph 1 shall be subject to the following conditions: costs, including the costs incurred in the event of a particular need for guidance for the necessary care staff. Unofficial table of contents

§ 16e Promotion of employment relationships

(1) Employers may, upon application for the employment of eligible persons eligible for work, be assisted by subsidies for remuneration if a person is between the employer and the person who is entitled to work (2) The grant referred to in paragraph 1 shall be based on the capacity of the eligible person entitled to work and shall be up to 75% of the amount of the working allowance eligible for consideration. The remuneration to be paid and the flat-rate employer's share of the total social insurance contribution, minus the contribution to the promotion of employment, are eligible for consideration. A one-time payment of the remuneration is not eligible for consideration. Article 91 (2) of the Third Book shall apply mutatily. (3) A person entitled to work for the benefit of a person entitled to work may be assigned to an employer if:

1.

it is long-term unemployed within the meaning of § 18 of the Third Book and is particularly severely affected by at least two other mediation barriers in its person's capacity to work,

2.

it has received, for a period of at least six months, increased intermediary support in accordance with Article 16 (1), first sentence, with the inclusion of the other inclusion benefits under this book,

3.

an activity on the general labour market is not likely to be possible for the duration of the allocation without the support; and

4.

They shall be provided for a period of five years in respect of the employer referred to in paragraph 1 at most for a period of 24 months. The period shall begin with the first employment relationship referred to in paragraph 1.

(4) The Agency for Work shall immediately discontinue the work-capable person entitled to work if it is able to communicate it to a reasonable level of work or training, or if the promotion is terminated for other reasons. The person who is entitled to work may terminate the employment relationship without having to comply with a period of time when he or she is able to take up a job or training, take part in a vocational training or continuing vocational training measure or, after that, Sentence 1 shall be dismissed. The employer may terminate the employment relationship without complying with a time limit if the employee is dismissed in accordance with sentence 1. (5) Promotion is excluded if it is to be assumed that the employer

1.

has made the termination of another employment relationship in order to obtain support under paragraph 1; or

2.

no longer needs to be promoted for the employment relationship, without any particular reason.

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§ 16f Free promotion

(1) The Agency for Work can extend the possibilities of statutory inclusion services by means of free services for integration into work. The free services must comply with the objectives and principles of this book. (2) The objectives of the services must be described before the start of the funding period. A combination or modularization of content is permitted. The services of the Free Promotion are not allowed to circumvent or increase legal services. Excluded from this are benefits for

1.

Long-term unemployed and

2.

Eligible beneficiaries, who are the 25. have not yet been completed and whose occupational integration is particularly difficult due to serious mediation barriers,

where, in an appropriate period of time, it is not possible to rely on individual legal bases of this book or of the third book, usually for six months, with a view to success. In the case of services to employers, care must be taken to avoid distortions of competition. Project funding in the sense of grants is permitted in accordance with § § 23 and 44 of the Federal Budget Code. In the case of longer-term funding, the success of the project must be reviewed and documented on a regular basis. Unofficial table of contents

§ 16g Promotion in case of omission of the need for assistance

(1) If the assistance needs of the active person or of the active person during a measure for inclusion, it can be further promoted if this is economically viable and the economically active person is likely to be successful in the measure will complete. The funding is to be provided as a loan. (2) For the duration of a sponsoring of the employer or a carrier by a cash benefit in accordance with § 16 (1) and § 16e, benefits may also be provided under the third chapter and § 46 (1) sentence 1, point 5 of the third book or in accordance with Section 16a (1) to (4) and (16b) if the assistance needs of the working person or the earning person are not covered by the income to be taken into account. During the period of support referred to in the first sentence, § 15 shall apply accordingly. Unofficial table of contents

Section 17 Institutions and services for integration services

(1) In order to provide services for integration into work, the competent institutions of the services provided for in this book shall not re-establish their own facilities and services to the extent that appropriate facilities and services of third parties are available, or will soon be able to be created. The competent institutions of the services provided for in this book shall provide appropriate support for the free movement of persons in their activities in the field of basic insurance for jobseekers. (2) The performance shall be provided by a third party and shall be carried out in accordance with the provisions of the The third book does not provide for any requirements to which the benefit must be met, the institution of the services provided for in this book shall be obliged to pay for the benefit only if an agreement with the third party or its association, in particular, is subject to:

1.

Content, scope and quality of services,

2.

the remuneration, which may be made up of lump sums and amounts for individual performance areas, and

3.

Examination of the efficiency and quality of the services

. The agreements must comply with the principles of economic efficiency, economy and efficiency. Unofficial table of contents

Section 18 Local cooperation

(1) The agencies for work shall work in the provision of services for integration into work, taking into account their responsibilities under the third book, with the parties involved in the local labour market, in particular the municipalities, the circles and the Districts, the institutions of the free administration of welfare, the representatives of employers and employees, and the Chambers and professional organisations, in order to ensure that measures are implemented in a uniform or joint way. to advise or to safeguard and prevent abuse of performance, or . The local institutions of social assistance are obliged to cooperate with the agencies for work. (1a) Paragraph 1 shall apply to the local authorities and to the approved municipal institutions. (2) The services provided for in this book shall be included in the following: regional labour market monitoring of the agencies for work in accordance with § 9 (2) of the Third Book. (3) The agencies for work are to deal with municipalities, counties and districts at their request for agreements on the provision of services to the labour market. Inclusion in accordance with this Act, with the exception of the benefits provided for in Article 16 (1), if they comply with the minimum requirements laid down by a legal regulation. The Federal Ministry of Labour and Social Affairs is authorized, without the consent of the Federal Council, to determine, by means of a regulation, the requirements of an agreement as referred to in paragraph 3. is at least sufficient. Unofficial table of contents

Section 18a Cooperation with the bodies responsible for the promotion of employment

Where eligible beneficiaries are also entitled to work, the work agencies, the approved municipal institutions and the common bodies shall be obliged to carry out the tasks referred to in this book by: cooperate closely with the services of the Federal Agency responsible for the promotion of employment. They shall forthwith inform them of the facts known to them in so far as they are aware of the facts necessary for the performance of the tasks of the promotion of work,

1.

which are intended for work-eligible beneficiaries, who also receive benefits from the promotion of employment, and which are provided for the purpose of integration into work,

2.

the elimination of the need for assistance with these persons.

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Section 18b Cooperation committee

(1) The competent top state authority and the Federal Ministry of Labour and Social Affairs form a cooperation committee. The Cooperation Committee coordinates the implementation of the basic security for jobseekers at the country level. In the Cooperation Committee, the country and the federal government agree annually on the objectives and priorities of the labour market and integration policy in the basic insurance for job-seekers at the country level. § 48b shall remain unaffected. The procedures for the conclusion of the agreements between the Federal Government and the Länder will be carried out with the procedures for the conclusion of the target agreements between the Federal Ministry of Labour and Social Affairs and the Federal Agency, as well as their concretization in the Target agreements of the Federal Agency and the joint bodies. The Cooperation Committee may be informed of the affairs of the common institutions. In addition, the Cooperation Committee decides on a disagreement on the authority to be informed in accordance with § 44e, advises the carrier assembly on the appointment and dismise of a managing director in accordance with § 44c paragraph 2 number (2) The Cooperation Committee shall consist of six members, three of whom shall be members of the competent supreme state authority and shall be responsible for the implementation of the provisions of the Agreement. Three members are posted by the Federal Ministry of Labour and Social Affairs. The members of the Cooperation Committee may be represented. As a rule, at least one employee of the responsible upper state authority and the Federal Ministry of Labour and Social Affairs should participate in the meetings. (3) The members elect a chairperson or a member of the staff of the Federal Ministry of Labour and Social Affairs. Chairman. If no agreement can be reached in the Cooperation Committee on the person of the Chairman or Chairman, the Chairman shall be appointed by the representatives of the Federal Ministry of Labour and Social Affairs or the representatives of the Federal Ministry of Labour and Social Affairs or the representatives of the Representatives of the responsible supreme state authority shall be appointed alternately for two years; the first-time provision shall be made by the representatives of the Federal Ministry of Labour and Social Affairs. The Cooperation Committee shall adopt its rules of procedure. Unofficial table of contents

§ 18c Federal-Länder Committee

(1) The Federal Ministry of Labour and Social Affairs shall set up a committee for the basic security of job-seekers. He observes and advises the central questions of the implementation of the basic insurance for jobseekers and questions of supervision in accordance with § § 47 and 48, questions of the number of figures according to § 48a (2) as well as questions of the data to be collected according to § 51b paragraph 1 Sentence 2 and discusses the target agreements in accordance with § 48b (1). (2) In the observation and consultation of central questions concerning the implementation of the basic insurance for jobseekers as well as questions of the comparison of numbers according to § 48a (2) and questions of the to-be-collected Data in accordance with § 51b, paragraph 1, second sentence, the committee is staffed with representatives of the Federal Government, the Länder, the municipal leaders ' associations and the Federal Agency. The committee can be reported by the institutions. (3) In advising matters of supervision in accordance with § § 47 and 48, the committee is staffed with representatives of the Federal Government and the supervisory authorities of the Länder. The federal government and the federal states can invite representatives of the local government associations and the federal agency, if this is relevant, to invite representatives of the local community associations and the federal agency. Unofficial table of contents

§ 18d Örwise Advisory Council

An advisory board shall be formed at each joint institution in accordance with § 44b. The Advisory Board advises the institution in the selection and design of the integration instruments and measures. The General Assembly shall convene the members of the Advisory Board on a proposal from the parties to the local labour market, in particular the institutions of the free administration of welfare, the representatives of employers and employees, and the Chambers of Labour. and professional organizations. Representatives of local labour market participants who offer integration services in accordance with this book shall not be members of the Advisory Board. The Advisory Council shall adopt its rules of procedure. The rates 1 to 5 shall apply mutatily to the approved municipal institutions, provided that the members of the Advisory Board are appointed by the approved municipal institution. Unofficial table of contents

§ 18e Representative for equal opportunities in the labour market

(1) The support meetings at the joint institutions appoint commissioners for equal opportunities in the labour market from the circle of officials, workers and employees who are working in the joint institutions have been assigned. They are directly associated with the respective managing director or the respective managing director. (2) The officers support and advise the joint institutions on issues of equality between women and men in the basic security for Job-seekers, the advancement of women and the reconciliation of family and work in both sexes. These include, in particular, questions of counselling, integration into work and training, and the professional re-entry of women and men after a family phase. (3) The representatives are in charge of the development of the local labour market and Integration programme of basic protection for jobseekers as well as for the gender-and family-oriented technical task performance of the joint institution to participate. They have an information, advice and proposal right on issues that have an impact on equal opportunities for women and men. (4) The commissioners support and advise working persons entitled to work and those with them in a Community based on living persons, employers and employees 'and employers' organisations in overriding questions of equality between women and men in the basic insurance for job-seekers, the promotion of women and the compatibility of women and men of family and work in both sexes. In order to ensure equal participation of women and men in the labour market, the representatives shall cooperate with the bodies responsible for equality in employment within the competence of the common body. (5) Joint bodies shall be represented at meetings of local bodies on subjects relating to the duties of the agents, by the agents. (6) Paragraphs 1 to 5 shall apply mutas to the approved municipal institutions.

Section 2
Services to ensure the livelihood

Subsection 1
Entitlement

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Section 19 Unemployment benefits II, social money and benefits for education and participation

(1) Eligible beneficiaries receive unemployment benefit II. Non-eligible persons entitled to benefit who are living in a community of work with eligible beneficiaries are entitled to social benefits in so far as they are not entitled to benefits under the fourth chapter of the Twelfth Book. The services include the need for regulation, additional requirements and the need for accommodation and heating. (2) Under the conditions of § 28, persons entitled to benefit have the right to benefits for education and participation, insofar as they are not entitled to benefits according to the fourth chapter of the twelfth book. Insofar as services are granted for children to cover needs for education and participation in accordance with § 6b of the Federal Children's Money Act, they shall not be entitled to the corresponding services to cover requirements according to § 28. (3) The benefits for Maintenance of the livelihood shall be provided at the level of the requirements referred to in paragraphs 1 and 2, insofar as these are not covered by the income and assets to be taken into consideration. Income and wealth to be taken into account first of all covers the needs according to § § 20, 21 and 23, beyond that the needs according to § 22. If only services for education and participation are to be provided, further income and assets to be taken into account shall cover the needs in the order in paragraphs 2 to 7 in accordance with § 28.

Subsection 2
Unemployment benefit II and social benefits

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Section 20 regulatory requirements to ensure the maintenance of the livelihood

(1) The need for regulation to secure the livelihood includes, in particular, nutrition, clothing, personal care, household appliances, household energy without the shares to be used for the heating and production of hot water, as well as the personal needs of the daily life. The personal needs of daily life are of a justifiable level of participation in social and cultural life in the Community. The rule requirement shall be taken into account as a monthly flat-rate amount. The persons entitled to benefit decide on their own responsibility by using the services provided to meet the requirements of the rules, taking into account the occurrence of irregularly occurring needs. (2) As a rule, the following are required: Persons who are either single or single-parent or whose partner is a minor, are recognized monthly by 364 euros. Other working-class members of the PR community are recognised as a rule requirement

1.

275 Euro per month, provided that the 18. have not yet completed their life year,

2.

EUR 291 per month in the other cases.

(3) By way of derogation from the first sentence of paragraph 2, persons who are the 25. Have not yet completed their life year and move without assurances from the competent local authority pursuant to Article 22 (5), until the completion of the 25. (4) Have two partners of the Community of Demand Community (4), the 18. (5) The regulatory requirements referred to in paragraphs 2 to 4 as well as in accordance with § 23 (1) shall be made on 1 January of each year in accordance with § 28a. of the Twelfth Book in conjunction with the Regulation in accordance with Section 40, Sentence 1, point 1 of the Twelfth Book. § 28 of the Twelfth Book, in conjunction with the Rules Requirements Investigation Act, is applicable for the re-determination of the rule requirements. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) announcates in the Federal Law Gazans no later than 1 November of a calendar year the level of the rule requirements, which are decisive for the following twelve months.

Footnote

(+ + + Note: Rule Requirements according to § 20 (1) to (4) for the period from 1.1.2012 cf. Bek. v. 20.10.2011 I 2093, for the period from 1.1.2013 cf. Bek. v. 18.10.2012 I 2175, for the period from 1.1.2014 cf. Bek. v. 16.10.2013 I 3857, for the period from 1.1.2015 cf. Bek. v. 15.10.2014 I 1620 + + +)
§ 20 (2) sentence 1 and 2 No.1, para. 4 and 5 iVm § 20 para. 1 sentence 1 and 2 SGB 2 u. § 28a SGB 12 in each case idF d. G v. 24.3.2011 I 453: In accordance with the reasons laid down in Article 1 (1) iVm Article 20 (1) of the GG, it is compatible with the provisions of Article 1 (1) of the BVerfGE v. 23.7.2014 I 1581-1 BvL 10/2012 u.a. Unofficial table of contents

Section 21 Additional Requirements

(1) More requirements shall include requirements in accordance with paragraphs 2 to 6, which are not covered by the rule requirement. (2) In the case of expectant mothers, after the twelfth week of gestation, a surplus of 17 per cent of the rule requirement according to § 20 will be required. (3) In the case of persons who live together with one or more minor children and care solely for their care and upbringing, there is a need to recognise a need for additional measures.

1.

in the case of a child under the age of seven or with two or three children under the age of 16, 36 per cent of the requirements applicable pursuant to section 20 (2), or

2.

in the amount of 12 per cent of the requirements applicable pursuant to section 20 (2) for each child, if this results in a higher percentage than the number 1, but not more than 60 per cent of the rule requirement applicable in accordance with § 20 (2).

(4) In the case of disabled persons with disabilities who are capable of working, who are entitled to participate in the working life according to § 33 of the Ninth book, as well as other aids for obtaining a suitable place in the working life or integration assistance pursuant to § 54 (1) The number 1 to 3 of the twelfth book shall be recognised as a surplus of 35 per cent of the rule requirement in accordance with § 20. Sentence 1 can be used even after completion of the measures referred to therein during an appropriate transitional period, in particular a period of incorporation. (5) In the case of persons entitled to benefit who are responsible for a cost-intensive diet for medical reasons. (6) A additional requirement shall be recognised in the case of persons entitled to benefit, insofar as there is an inimitable, ongoing, not only one-off special requirement in individual cases. The additional requirement shall be independent if, in particular, it is not covered by the benefits of third parties and taking into account the savings of the persons entitled to benefit, and the amount of which is substantially equal to an average demand (7) For persons entitled to benefit, additional requirements shall be recognised as far as hot water is produced by means of equipment installed in the accommodation (decentralized hot water production) and therefore no needs for centrally-provided hot water are available after § 22. The additional requirement shall be for each person who is living in the household, in each case

1.

2.3 per cent of the regulatory requirements applicable to them pursuant to the first sentence of Article 20 (2) or 2 (2), (3) or (4),

2.

1.4 per cent of the regulatory requirements applicable to them pursuant to § 20 (2), second sentence, number 1, or § 23, point 1, in the case of persons entitled to benefit in the 15th Year of age,

3.

1.2 per cent of the rule requirement in accordance with Section 23 (1) in the case of persons entitled to benefit from the beginning of the seventh to the completion of the 14th Year of age or

4.

0.8 per cent of the rule requirement in accordance with section 23 (1) in the case of beneficiaries up to the completion of the sixth year of life,

(8) The sum of the total accepted additional requirements referred to in paragraphs 2 to 5 may be the sum of the total recognised additional needs referred to in paragraph 22 (1). Do not exceed the relevant applicable regulatory requirements. Unofficial table of contents

§ 22 Requirements for accommodation and heating

(1) Demand for accommodation and heating shall be recognised in the amount of the actual expenses, to the extent that these are appropriate. If the appropriate expenses for accommodation and heating are increased after an unrequired move, only the previous needs will be recognized. To the extent that the expenditure on accommodation and heating exceeds the extent appropriate to the specific nature of the individual case, they shall be recognised as a need for as long as the person or persons who are entitled to benefit or the person who is entitled to do so. It is not possible or not to be expected to reduce expenses by means of a change of housing, by renting or by other means, but as a rule for a maximum period of six months. A reduction in expenses which are inappropriate in accordance with the first sentence does not have to be demanded if it is uneconomical, taking into account the benefits to be provided in the event of a change of housing. (2) The accommodation shall also be subject to the following conditions: Unremittable expenses for maintenance and repair in the case of home-owned residential property within the meaning of section 12 (3), first sentence, point 4, to the extent that these are taken into account in the course of the current and subsequent eleven calendar months all expenses incurred are appropriate. If the costs of maintenance and repair exceed the requirements for accommodation in accordance with the first sentence, the municipal institution may provide a loan to cover this part of the expenditure, which is to be secured in rem. (3) Repayments and balances to be allocated to accommodation and heating shall reduce the costs of accommodation and heating after the month of repayment or credit; repayments on the cost of household energy (4) Before the conclusion of a contract of a new accommodation The person who is entitled to work is to seek the assurance of the local authority responsible for the provision of services in order to take account of the expenses incurred for the new accommodation. The municipal institution shall be obliged to give an assurance if the move is necessary and the expenses for the new accommodation are appropriate; the local authority responsible for the location of the new accommodation shall be involved. (5) Where: People who are the 25. If they have not yet completed their life year, they will need accommodation and heating for the period after a move to completion of the 25. Life year only if the municipal institution has guaranteed this prior to the conclusion of the contract on the accommodation. The municipal institution shall be obliged to provide assurance if:

1.

that, for serious social reasons, the person concerned cannot be referred to the home of the parents or of a parent,

2.

the accommodation is required for inclusion in the labour market, or

3.

is a different, similarly serious reason.

Under the conditions set out in the second sentence, the requirement of assurance may be waited if, for the most important reason, it was not reasonable for the person or persons concerned to obtain the assurance. Needs for accommodation and heating will be provided by persons who have the 25. (6) Housing costs and, if they are not yet completed, are not recognised when they move to accommodation before applying for benefits to an accommodation. (6) Housing costs and Relocation costs may be recognised as necessary with prior assurance from the local authority responsible until the relocation; a rental deposit can be provided with prior assurance by the local authority responsible at the site of the new accommodation. be recognised as a need. The assurance is to be granted if the move is initiated by the municipal institution or is necessary for other reasons and if without the assurance an accommodation cannot be found within a reasonable period of time. A rental deposit is to be provided as a loan. (7) As far as unemployment benefit II is provided for the needs for accommodation and heating, it is to be paid to the landlord or other eligible persons at the request of the person entitled to benefit. It is to be paid to the landlord or other eligible persons, if the appropriate use by the person entitled to power is not ensured. In particular, this is the case where:

1.

There are leases which entitle to an extraordinary termination of the tenancy;

2.

Energy cost arrears which entitle energy supply to an interruption of energy supply,

3.

there are specific indications of a sickness or addictive inability of the person entitled to benefit to use the funds in a suitable manner; or

4.

concrete evidence that the person who is registered in the debtor's register does not use the funds in a suitable manner.

The municipal institution shall inform the person entitled to benefit in writing about the payment of the accommodation and heating services to the landlord or other person entitled to receive it. (8) Insofar as unemployment benefit II is applicable to the needs of the person responsible for the accommodation, the person entitled to the Accommodation and heating can also be taken over, as far as this is justified in order to secure accommodation or to remedy a comparable emergency situation. They are to be taken over if this is justified and necessary and if there is otherwise a danger of homelessness. Assets pursuant to section 12 (2), first sentence, point 1 shall be used as a priority. Cash benefits are to be provided as a loan. (9) In the case of a court, a lawsuit relates to the eviction of housing in the case of termination of the tenancy in accordance with § 543 (1), 2 sentence 1 (3) in conjunction with § 569 (3) of the Civil Service In accordance with this book or the body responsible for carrying out the tasks referred to in paragraph 8, the court shall immediately inform the competent institution of the competent authority of the local authorities of the following:

1.

the date of receipt of the action;

2.

the names and addresses of the parties;

3.

the amount of the monthly rent to be paid,

4.

the amount of the leased tenancy claimed and the claimed compensation; and

5.

the date of the oral proceedings, provided that it is already determined.

In addition, the day of legal action may be communicated. The transfer does not apply if the non-payment of the rent according to the content of the application does not seem to be based on the insolvency of the tenants or the tenants. Unofficial table of contents

§ 22a Statutes of the Statute

(1) Countries may empower counties and county-free cities by law or require them to determine by statute the amount of expenses for accommodation and heating in their territory appropriate. Such statutes shall require the prior consent of the supreme state authority or a body designated by it, provided that this is provided for by the Land Law. The Länder of Berlin and Hamburg determine the form of legislation to replace the statutes provided for in the first sentence of the first sentence. The Land of Bremen can make a provision according to sentence 3. (2) Countries may also authorize the counties and county-free cities, by way of derogation from § 22 (1), first sentence, the requirements for accommodation and heating in their area by a monthly flat-rate fee. , if sufficient free living space is available on the local housing market, and this corresponds to the principle of economy. The statutes provide for rules on the case that the lump-sum in individual cases leads to unreasonable results. The provisions of paragraph 1 (2) to (4) shall apply accordingly. (3) The provision of reasonable expenses for accommodation and heating shall be determined by the conditions of simple standards in the local housing market. It should take into account the impact on the local housing market with regard to:

1.

the avoidance of leasing price increases,

2.

the availability of living space of the simple standard,

3.

of all different provider groups and

4.

the creation and maintenance of socially balanced population structures.

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§ 22b Content of the Articles of Association

(1) The Statutes shall determine:

1.

which living space is recognised as appropriate in accordance with the structure of the local housing market; and

2.

in which amount of expenditure for the accommodation is recognised as appropriate.

The statutes may also determine the level of the consumption value, which is recognised as being reasonably recognised, or the costs of the heating which are recognised as being appropriately recognised. In the case of a provision according to the second sentence, both a maximum square metre and an overall reasonable limit may be established, taking into account the values set out in sentences 1 and 2. In order to depict the conditions of the simple standard on the local housing market in a realistic way, the counties and county-free cities can divide their territory into several comparison rooms, for which they each have their own adequacy values. (2) The statutes shall be accompanied by a justification. The report shall specify how the adequacy of accommodation and heating costs is determined. The statutes are to be made public in their explanatory statement. (3) Special arrangements should be made for persons with a special need for accommodation and heating in the statutes. This applies in particular to persons who have increased space requirements due to

1.

a disability or

2.

the exercise of their right of access.

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Section 22c Data collection, evaluation and verification

(1) In order to determine the appropriate expenses for accommodation and heating, the counties and towns and cities in particular shall be responsible for:

1.

Rental mirrors, qualified rental mirrors and rental databases and

2.

appropriate own statistical data collection and analysis or third party surveys

individually or in combination. In the alternative, the monthly maximum amounts can also be taken into account in accordance with Section 12 (1) of the Housing Act. Both new contract and existing rents are to be included in the evaluation. The methodology of the collection and analysis of data shall be set out in the explanatory memorandum of the Statute. (2) The counties and towns and cities shall be subject to the statutes defined by the statutes for at least every two years and the statutes determined by the statutes. Check and, if necessary, reset values for heating at least annually. Unofficial table of contents

§ 23 Special features in social money

In the case of social benefits, the following measures shall apply:

1.

Up to the completion of the sixth year, the regular requirement is 213 euros, until the completion of the 14. Life Year 242 Euro and 15. Life Year 275 Euro;

2.

Additional requirements in accordance with § 21 (4) are also to be found in the case of disabled persons, who are the 15. They are recognised when the benefits of the integration assistance are provided in accordance with Article 54 (1) (1) (1) and (2) of the Twelfth Book;

3.

The second sentence of Article 21 (4) shall also apply after the end of the measures referred to in Article 54 (1) (1) and (2) of the Twelfth Book;

4.

in the case of non-employable persons who are fully in employment in accordance with the sixth book, a surplus of 17 per cent of the rule requirements according to § 20 shall be recognised if they are the holder or holder of a card according to § 69 (5) of the Ninth A book with a symbol G is not valid if there is already a claim to a need for a disability in accordance with § 21 (4) or (2) or (3) above.

Footnote

(+ + + Note: Rule Requirements according to § 23 No. 1 for the period from 1.1.2012 cf. Bek. v. 20.10.2011 I 2093, for the period from 1.1.2013 cf. Bek. v. 18.10.2012 I 2175, for the period from 1.1.2014 cf. Bek. v. 16.10.2013 I 3857, for the period from 1.1.2015 cf. Bek. v. 15.10.2014 I 1620 + + +)
§ 23 No. 1 iVm § 20 (1) sentence 1 and 2 SGB 2 u. § 28a SGB 12 in each case idF d. G v. 24.3.2011 I 453: In accordance with the reasons laid down in Article 1 (1) iVm Article 20 (1) of the GG, it is compatible with the provisions of Article 1 (1) of the BVerfGE v. 23.7.2014 I 1581-1 BvL 10/2012 u.a.

Subsection 3
Different service provision and other services

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Section 24 Differing provision of services

(1) In individual cases it is not possible to cover a need which is covered by the rule-making requirement to ensure the maintenance of the livelihood and cannot be met in accordance with the circumstances, the Agency shall, if there is a corresponding proof, provide the necessary material performance or as a material Cash benefit and grants a corresponding loan to the person or persons entitled to benefit. In the case of benefits in kind, the loan shall be granted in the amount of the acquisition value incurred for the Agency for work. Further services are excluded. (2) As long as persons entitled to benefit, in particular in the case of drug or alcohol dependence and in the case of uneconomical behaviour, prove to be unsuitable, with the services for the rule requirement according to § 20 to meet their needs, the unemployment benefit II can be provided in full or in part in the form of benefits in kind, up to the level of the standard requirements for the living expenses. (3) Not covered by the rule requirement according to § 20 are requirements for

1.

initial equipment for the home, including household appliances,

2.

Initial equipment for clothing and initial equipment in pregnancy and childbits, and

3.

Purchase and repair of orthopaedic shoes, repair of therapeutic equipment and equipment as well as the rent of therapeutic equipment.

Services for these needs will be provided separately. Benefits in accordance with the second sentence shall also be provided where persons entitled to benefit do not require benefits in order to secure the livelihood, including the reasonable costs of accommodation and heating, but the need for the first sentence from its own forces and Cannot fully cover funds. In this case, the income may be taken into account, and the benefit can be acquired within a period of up to six months from the end of the month in which the performance is decided. The services for the needs referred to in points 1 and 2 of the first sentence may be provided in kind or in cash, also in the form of flat-rate payments. In the calculation of the flat-rate amounts, it is necessary to take into account appropriate information on the necessary expenses and comprehensible empirical values. (4) Benefits for securing a living can be provided as loans, insofar as in the case of The month for which the services are provided is expected to be revenue. (5) Insofar as beneficiaries of the immediate consumption or the immediate recovery of assets to be taken into account are not possible or have a special hardship for them Services are to be provided as loans. The benefits may be made conditional upon the right to repayment being secured in rem or in any other way. (6) In cases of § 22 (5), benefits for the first equipment for the home are provided only if the municipal authority is responsible for the provision of the services. The institution has secured the provision of accommodation and heating services or has been able to do so from the requirement of assurance. Unofficial table of contents

§ 25 Benefits in the case of medical rehabilitation of the pension insurance and in the event of entitlement to injury benefits from the accident insurance

If the persons entitled to benefit have the basic entitlement to a transitional allowance in the case of medical services of the statutory pension insurance, the institutions of the services provided for in this book provide the previous benefits as an advance on the benefits of the statutory pension insurance. Pension insurance further; this applies accordingly in the case of a claim to injury-benefit from the statutory accident insurance. Where advances are made for more than one month, the institution of the services provided for in this book shall receive monthly instalments of the advances of the preceding month from the institutions responsible for the performance of the service. Section 102 of the Tenth Book shall apply accordingly. Unofficial table of contents

Section 26 Subsidy for insurance contributions

(1) For recipients of unemployment benefit II or social benefits, who are not covered by the statutory health insurance and are not covered by the insurance or family insurance and who are responsible for the case of the illness

1.

insured with a private health insurance company, the provisions of § 12 (1) (5) and (6) of the Insurance Supervision Act shall apply,

2.

are voluntarily insured in the statutory health insurance, will be taken over for the duration of the benefit of the contribution; for persons who would be in need of help alone through the contribution to the voluntary insurance, the contribution will be made in the the necessary scope.

The contribution will also be accepted for the necessary extent to those who are subject to insurance in the statutory health insurance and who would be in need of assistance solely through the health insurance contribution. (2) For recipients of health insurance, the contribution will be made available to persons who are insured. of unemployment benefit II or social benefits, which are neither subject to insurance nor family insurance in the social care insurance, the expenses for an adequate private long-term care insurance in the period of the benefit cover are provided in the the necessary scope. The first sentence shall apply to the extent to which persons alone would be in need of assistance by means of such expenditure. For persons who are subject to insurance in the social care insurance and who would be in need of assistance solely through the care insurance contribution, the contribution will be transferred to the necessary extent. (3) The Federal Agency shall pay the additional contribution the statutory health insurance in accordance with § 242 of the Fifth Book for persons who would be in need of assistance solely by means of these expenses. (4) The grant referred to in the first sentence of the first subparagraph of paragraph 1 and the first sentence of paragraph 2 and the second sentence of paragraph 2 shall be applied to: to pay the insurance undertaking in which the person entitled to benefit is insured. Unofficial table of contents

§ 27 Benefits for apprentices

(1) apprentices within the meaning of Article 7 (5) shall receive benefits in accordance with the following paragraphs in order to secure the subsisting of the living. The benefits for apprentices are not considered as unemployment benefit II. (2) Services are provided in the amount of the additional requirements according to § 21 (2), 3, 5 and 6 and in the amount of the benefits according to § 24 (3) (2), to the extent that the additional requirements are not due to (3) Receive vocational training allowance or training allowance according to the Third Book or benefits under the Federal Education and Training Promotion Act or receive them only on account of the Rules to take account of income and assets and do not pay attention to their Requirements in accordance with § 61 (1), 62 (2), 116 (3), 123 (1) (1) and (4), Article 124 (1) (2) of the Third Book or Article 12 (1) (2) and (2), Article 13 (1), in conjunction with paragraph 2 (1) of the Third Book Federal Education Promotion Act, they receive a grant for their reasonable expenses for accommodation and heating (§ 22 (1) sentence 1), insofar as the need for the appropriate application of § 19 (3) is uncovered. Sentence 1 shall not apply if the consideration of the needs for accommodation and heating is excluded in accordance with § 22 (5). (4) Services can be used as a loan for regulatory requirements, needs for accommodation and heating and necessary contributions to the sick and the sick. Care insurance is provided, provided that the performance exclusion in accordance with § 7 (5) means a special hardship. For the month of admission of an apprenticeship, services may be provided in accordance with § 24 (4). Benefits under sentences 1 and 2 are subordinated to the benefits under paragraphs 2 and 3. (5) Under the conditions laid down in § 22 (8), trainees can also be provided with benefits for the acquisition of debts.

Subsection 4
Services for education and participation

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§ 28 Demand for education and participation

(1) Requirements for education and participation in social and cultural life in the Community shall be taken into account separately in the case of children, young people and young adults, in addition to the rule requirements laid down in paragraphs 2 to 7. Education needs are only taken into account in the case of persons who are 25 years old. They have not yet completed their life, attend a general or vocational school and do not receive training allowances (pupils). (2) In the case of pupils, the actual expenses are recognised for

1.

School trips and

2.

multi-day class trips within the scope of the school regulations.

In the case of children who attend a daycare facility, the first sentence applies. (3) For pupils with a personal school requirement, pupils will be able to take account of 70 Euro as of 1 August and 30 Euro as of 1 February of each year. (4) In the case of pupils who are dependent on student support for the visit to the nearest school of the chosen course of education, the actual expenses required for this will be taken into consideration, provided they are not provided by third parties. and the person entitled to benefit is not allowed to do so , it is possible to dispel the expenses arising from the need for regulation. As a rule, an amount of 5 euros per month applies as a reasonable own benefit. (5) In the case of pupils, a school-based offer is taken into account for appropriate learning support, insofar as these are suitable and additionally required. in order to achieve the essential learning objectives defined in accordance with the provisions of the school law. (6) In the case of participation in a joint lunch, the resulting additional expenses shall be taken into account for:

1.

Pupils and pupils

2.

Children who visit a day facility or are provided for the day care of the day.

This applies to students on the condition that the lunchtime catering is offered in school responsibility. In the case of the second sentence, the number of school days in the country in which the school attendance is to take place must be used for the purpose of determining the monthly requirements. (7) In the case of persons entitled to benefit, the number of school days is to be completed by the end of the 18. A total of EUR 10 per month shall be taken into account for a total of EUR 10 per month for participation in social and cultural life in the Community.

1.

Membership fees in the fields of sports, games, culture and sociability,

2.

Teaching in artistic subjects (for example, music lessons) and comparable initiated activities of cultural education and

3.

participation in free time.

In addition to taking into account requirements as set out in the first sentence, further actual expenses may also be taken into account if they arise in connection with the participation in activities referred to in the first sentence of the first sentence of 1 to 3 and if they are the beneficiaries of the activities referred to in shall not be able to be justified in exceptional cases, which shall be subject to the rule-making requirements. Unofficial table of contents

Section 29 Provision of benefits for education and participation

(1) Services to meet the requirements of § 28 (2) and (5) to (7) shall be provided by property and services, in particular in the form of personalised vouchers or direct payments to providers of services to meet these needs (providers); the municipal authorities shall determine the form in which they perform the services. You may also determine that the services provided for in § 28 (2) are covered by cash benefits. The requirements of § 28 (3) and (4) shall be covered by cash benefits. The municipal authorities can settle on a flat-rate basis. (2) If the demand is covered by vouchers, the services are deemed to have been provided with the respective voucher. The municipal authorities shall ensure that vouchers can be redeemed by suitable providers or by the perception of their own offers. Vouchers can be issued in advance for the entire duration of the approval period. The validity of vouchers is appropriate for a limited period of time. In the event of loss, a voucher should be issued again to the extent that it has not yet been used. (3) If the requirements are met by direct payments to providers, the services shall be deemed to have been provided. A direct payment is possible in advance for the entire approval period. (4) In the justified individual case, proof of a suitable use of the service can be requested. To the extent that the proof is not conducted, the decision to grant consent shall be revoked. Unofficial table of contents

§ 30 Authorised self-help

If the person entitled to performance benefits by payment to the provider in advance, the municipal institution shall be obliged to take over the expenses which are eligible for consideration, insofar as

1.

without prejudice to the provisions of the second sentence, the conditions for the granting of benefits to meet the needs at the time of self-help in accordance with Article 28 (2) and (5) to (7); and

2.

at the time of self-help, the purpose of the service was not to be achieved by provision as a service or service without fault of its own, or not to be reached in time.

If the person entitled to benefit was not able to submit an application in good time, he/she shall be deemed to have been submitted at the time of the self-acceptance.

Subsection 5
Penalties

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§ 31 breaches of duty

(1) eligible beneficiaries violate their obligations if they are informed of the legal consequences or their knowledge despite written information

1.

refuse to comply with the obligations laid down in the integration agreement or in the administrative act replacing it in accordance with the sixth sentence of section 15 (1), in particular to demonstrate sufficient self-efforts,

2.

refuse to continue, pursue or prevent the initiation of a reasonable work, training, work experience according to § 16d or an employment relationship promoted in accordance with § 16e,

3.

Do not take a reasonable step towards integration into work, cancel or have given rise to an abortion.

This does not apply if there is an important reason for their behaviour to demonstrate and demonstrate an important reason for their behaviour. (2) A breach of duty of eligible beneficiaries is also to be assumed if:

1.

after the completion of the 18. Have reduced their income or assets with the intention of bringing about the conditions for granting or increasing the unemployment benefit II;

2.

continue, in spite of information on the legal consequences or knowledge thereof, to pursue their uneconomic behaviour,

3.

their right to unemployment benefit is or is not entitled to unemployment benefit, because the Agency has established, for work, the occurrence of a blocking period or the extinguishing of the claim in accordance with the provisions of the Third Book, or

4.

comply with the conditions laid down in the third book for the occurrence of a blocking period which justify the suspension or deletion of a claim for unemployment benefit.

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Section 31a Legal consequences of breaches of duty

(1) In the event of a breach of duty in accordance with § 31, the unemployment benefit II shall be reduced in a first stage by 30 per cent of the person entitled to the benefit of the person entitled to work according to § 20. In the case of the first repeated breach of duty in accordance with § 31, unemployment benefit II is reduced by 60 per cent of the person entitled to work for the person entitled to benefit in accordance with § 20. In the case of any further repeated breach of duty pursuant to section 31, the unemployment benefit II shall not be completed. A repeated breach of duty is only available if a reduction has already been detected before. It shall not be available if the beginning of the preceding reduction period is longer than one year. If eligible beneficiaries are subsequently willing to comply with their obligations, the competent institution may, from that date on, reduce the benefits provided for in the third sentence to 60 per cent of the regular requirements applicable to them in accordance with Article 20 of this Regulation. (2) In the case of eligible persons entitled to benefit, the 25. In the event of a breach of duty in accordance with § 31, the unemployment benefit II is limited to the benefits to be provided for the needs according to § 22. In the event of a repeated breach of duty pursuant to section 31, the unemployment benefit II shall not be completed. The fourth and fifth sentences of paragraph 1 shall apply accordingly. Declare self-employed persons entitled to benefit, who shall be the 25. Have not yet completed their life year, are subsequently willing to comply with their obligations, the institution may, taking into account all the circumstances of the individual case, be able to return the benefits to be provided for the needs in accordance with section 22 from this date onwards. (3) In the event of a reduction in the unemployment benefit II by more than 30 per cent of the standard requirements applicable in accordance with § 20, the institution may, upon request, provide supplementary benefits in kind or in cash benefits. The institution shall provide benefits in accordance with the first sentence if persons entitled to benefit live in a household with underage children. In the event of a reduction of the unemployment benefit II by at least 60 per cent of the standard requirements applicable to the eligible benefit according to § 20, the unemployment benefit II shall, insofar as it is for the needs for accommodation and heating according to § 22 paragraph 1 and 3 shall apply in the event of a breach of duty in accordance with Section 31 (2) (1) and (2) of the obligation to apply for non-eligible beneficiaries. Unofficial table of contents

§ 31b Start and duration of the reduction

(1) The right of payment shall be reduced at the beginning of the calendar month following the effective date of the administrative act, which shall determine the breach of duty and the extent of the reduction in performance. In the cases referred to in section 31 (2) (3), the reduction shall occur at the beginning of the blocking period or with the erasing of the claim under the third book. The reduction period shall be three months. In the case of eligible persons entitled to work, the 25. The carrier may shorten the reduction of the payment entitlement in the amount of the requirements according to § § 20 and 21, taking into account all the circumstances of the individual case, to six weeks. The determination of the reduction is only allowed within six months from the date of the breach of duty. (2) During the reduction of the payment claim, there is no entitlement to additional assistance for the living according to the regulations of the Twelfth book. Unofficial table of contents

Section 32 Reporting Failures

(1) In spite of written information on the legal consequences of or knowledge of a request by the competent institution to report to him or to appear in the case of a medical or psychological examination date, shall be entitled to benefit, despite written information. Unemployment benefit II or social benefits shall not be reduced by 10 per cent of the regular requirements applicable to them in accordance with Section 20. This does not apply if there is an important reason for their conduct and evidence of an important reason for their conduct. (2) The reduction in accordance with this provision will be added to a reduction in accordance with § 31a. The provisions of Article 31a (3) and Article 31b shall apply accordingly.

Subsection 6
Obligations Of Others

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Section 33 Transition of claims

(1) If persons who receive benefits for the protection of their livelihood are entitled to a claim against another who is not the service provider for the time for which the benefits are provided, the right to the amount of the benefits shall be paid to the person concerned. Expenses incurred by the institution of the services provided for in this book if, in the case of timely performance of the other service, the service had not been provided for the purpose of safeguarding the subsists. The first sentence shall also apply where children have received no benefits under the fourth sentence of § 11 (1) sentence 4 and, if the other is due to the right of the other, no benefits or reduced benefits to the members of the household had been provided. The transition is not ruled out by the fact that the claim cannot be transferred, pledged or paved. Pension rights under civil law, together with the right to receive information, go to the institution of the services provided for in this book. (2) A maintenance entitlement under civil law does not apply if the Person entitled to maintenance

1.

with the pledge or the pledge living in a needs community,

2.

is related to the pledge or pledge and does not assert the maintenance claim; this does not apply to maintenance claims

a)

Underage benefit,

b)

Performer, who is the 25. They have not yet completed their life year and have not yet completed their initial training,

against their parents,

3.

in a child relationship to or to the food, and

a)

is pregnant or

b)

her physical child until the completion of his sixth year of life.

The transition is also excluded, insofar as the maintenance entitlement is fulfilled by current payment. The claim shall only exceed, in so far as the income and assets of the dependent person exceed the income and assets to be taken into account in accordance with § § 11 to 12. (3) For the past, the carriers of the services according to this book may be except under the conditions laid down in civil law, only from time to the right to which they communicated the performance of the service in writing to the pledge or pledge. If the service is expected to be performed for a longer period of time, the institution of the services according to this book may also be entitled to claim future benefits up to the amount of the previous monthly expenses. (4) The carriers of the services according to this A book may, in agreement with the recipient or the recipient of the services, be transferred back to the claim that has been passed on to it or the recipient of the services to the court to assert the claim and to withdraw the claim made. Costs to which the beneficiary or the nominee shall be charged by themselves shall be taken over. The provisions of the third sentence of paragraph 1 shall be taken in accordance with civil law. (5) § § 115 and 116 of the Tenth Book shall be the subject of the regulation of paragraph 1. Unofficial table of contents

Section 34 Replacement claims in the event of adverse social behaviour

(1) Those who after completion of the 18. The conditions for the granting of benefits in accordance with this book to himself or to persons who live with her or him in a community of needs, without important reason, shall be a substitute for a life year intentionally or with gross negligence. of the benefits paid for that reason. The replacement entitlement also includes the contributions made to the health insurance, pension and nursing care insurance. It shall be clear from the assertion of the substitute claim, insofar as it would constitute a hardship. (2) A commitment to the replacement of the benefits entered in accordance with paragraph 1 shall be applied to the heir. It is limited to the estate value at the time of the inheritance. (3) The replacement claim shall expire three years after the end of the year in which the service has been provided. The provisions of the Civil Code on the Inhibition, Outflow Inhibition, the New Beginning and the effect of the limitation shall apply mutaficibly; the imposition of the action shall be equal to the adoption of a performance modest. Unofficial table of contents

§ 34a Replacement claims for unlawfully received benefits

(1) In order to compensate for unlawfully provided services in accordance with this book, it is obligated who has brought them to third parties through intentional or grossly negligent conduct. The compensation claim also includes the contributions made to the sickness, pension and nursing care insurance in accordance with § 335 (1), 2 and 5 of the Third Book. (2) The replacement claim shall be statute-barred in four years after the end of the calendar year in which the The administrative act with which the refund has been fixed in accordance with § 50 of the Tenth Book has become indisputable. In so far as an administrative act cannot be repealed with respect to an unlawful beneficiary, the period referred to in the first sentence shall begin from the date on which the authority is aware of the illegality of the service provision. The second sentence of Article 34 (3) applies accordingly. Section 52 of the Tenth Book shall remain unaffected. (3) § 34 (2) shall apply mutagentily. § 35 (3) shall apply mutagenally to the replacement claim with respect to an heir. (4) For the replacement of the provisions of paragraph 1 and for the refund pursuant to § 50 of the Tenth Book, pledges shall be held liable as total debtors. Unofficial table of contents

Section 34b Replacement claims under other provisions

If, according to this book, the right of the institution to claim reimbursement of expenses is determined by another person against whom the persons entitled to benefit are entitled, in accordance with other statutory provisions acting in accordance with Section 33, the law shall be deemed to be valid. Expenses also include such benefits for the protection of the subsistent living provided to the non-separately living spouse or life partner or the non-separately living spouse or life partner of the person entitled to benefit, and on their unmarried children or their unmarried children, the 25. They had not completed their life year. Unofficial table of contents

Section 35 Arrest liability

(1) The heir of a person who has received benefits in accordance with this book shall be obliged to replace the benefits provided that such benefits have been provided within the last ten years before the succession and exceed EUR 1 700. The replacement entitlement also includes the contributions made to the health insurance, pension and nursing care insurance. The replacement obligation is limited to the estate value at the time of the inheritance. (2) The replacement claim is not to be asserted,

1.

in so far as the value of the estate is less than EUR 15 500, if the heritage of the partners of the person who received the service was or was related to it and not only temporarily to the death of the person who received the benefits, with who lived and cared for in the home community,

2.

insofar as the use of the heir according to the peculiarity of the individual case would constitute a particular hardship.

(3) The replacement claim shall be issued three years after the death of the person who received the benefits. The second sentence of Article 34 (3) shall apply mutatily.

Chapter 4
Common rules on benefits

Section 1
Competence and procedures

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Section 36 Local competence

For the services referred to in Section 6 (1) (1), the Agency shall be responsible for work in the district of which the person entitled to benefit is habituated in his habitual residence. For the services referred to in the first sentence of Article 6 (1) (2), the municipal institution in whose territory the person entitled to benefit is habitually resident shall be the competent authority in the territory of the municipality. For benefits under sentences 1 and 2 to minors who claim benefits for the period of exercise of the right of access only for a short period of time, the institution concerned shall be responsible for the place where the person entitled to the right of access to the person concerned is responsible for the performance of the duties. habitual residence. Where an ordinary place of residence cannot be established, the institution shall be responsible, in accordance with the provisions of this Book, in the area in which the person or persons entitled to work or who are entitled to work are in fact entitled to do so. In the case of non-employable persons whose entitlement to benefit arises from § 7 (2) sentence 3, the sentences 1 to 4 shall apply accordingly. Unofficial table of contents

Section 36a Costing of expenses when staying in the women's house

If a person searches for refuge in a women's shelter, the local authority is obliged to the former habitual residence, the local authority responsible for the reception at the women's house, the costs for the time of the To repay the stay in the women's house. Unofficial table of contents

Section 37 Application requirement

(1) Services according to this book shall be provided upon request. Benefits according to § 24 (1) and (3) and services for the needs according to § 28 (2), (4) to (7) shall be requested separately. (2) Benefits according to this book shall not be provided for periods prior to the application. The application for a service to secure the livelihood shall be returned to the first of the month. The application for services for the needs referred to in § 28 paragraph 7, insofar as other benefits are provided for securing the livelihood, shall be returned to the beginning of the current authorisation period pursuant to § 41 (1) sentence 4 or 5 respectively. Unofficial table of contents

Section 38 Representation of the Demand Community

(1) Where there is no evidence to the contrary, it is presumed that the person entitled to work is empowered to apply for benefits under this book also for persons living with him in a community of needs; and shall be accepted. Where a number of eligible beneficiaries live in a community of needs, this presumption shall apply in favour of the person submitting the application. (2) For services to children in the course of the exercise of the right of access, the person who is entitled to the right of access shall have the following: Power to apply for and receive benefits under this Book, provided that the child is a member of the household. Unofficial table of contents

Section 39 Immediate Enforceability

No suspensive effect shall be contrary to and challenge to an administrative act,

1.

The benefits of the basic insurance for job-seekers are raised, withdrawn, revoked, the breach of duty and the reduction of the payment entitlement determines or benefits for integration into work or obligations of working-age regulates the performance of the integration into work,

2.

that brings about the transition of a claim,

3.

in order to apply for priority performance, or

4.

with which, according to § 59, in conjunction with § 309 of the Third Book, the Agency is requested to submit a personal report to the Agency for Work.

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Section 40 Application of procedural rules

(1) For the procedure according to this book, the Tenth Book shall apply. By way of derogation from the first sentence, § 44 (4) sentence 1 of the Tenth Book, with the proviso that a period of one year shall take place in place of the four-year period. (2) The provisions of the Third Book shall apply mutagenously to the provisions of the third book.

1.

the provisional decision (§ 328), with the proviso that it can be decided on a provisional basis even if the validity of a statute or another law in place under a Land law, which is in accordance with Article 22a (1) and the shall be the subject of a procedure in the case of a national social court, the Federal Social Court or a constitutional court;

2.

the repeal of administrative acts in accordance with Section 330 (1) with the proviso that the invalidity of a statute or other law in place under a Land law, which is in accordance with Section 22a (1) and the Land Act has been issued after the decision of the State Social Court;

3.

the repeal of administrative acts (§ 330 (2), 3 (1) and (4));

4.

the provisional default of payment in accordance with § 331, provided that the institutions are also entitled to a partial default of payment if they are informed of facts which result in a lower entitlement to benefits;

5.

the reimbursement of contributions to sickness, pensions and care insurance (Section 335 (1), (2) and (5)).

(3) § 50 (1) of the Tenth Book is to be applied with the proviso that vouchers are to be reimbursed in cash. The person entitled to benefit can also fulfil the refund request by returning the voucher, provided that the person has not been used. A refund of the benefits in accordance with § 28 does not take place in so far as a cancellation decision is to be made solely on account of these benefits. (4) By way of derogation from § 50 of the Tenth Book, 56 per cent of those in the calculation of the unemployment benefit II and of the Social money should not be reimbursed for accommodation needs. Sentence 1 shall not apply in the cases of Section 45 (2) sentence 3 of the Tenth Book, the second sentence of § 48 (1) (2) and (4) of the Tenth Book, and in cases where the authorization is only partially revoked. (5) § 28 of the Tenth Book shall apply with the The request shall be made without delay after the end of the month in which the refusal or reimbursement of the other benefit has become binding. (6) For the purpose of enforcement of claims of the co-operating bodies The institution of this book is subject to the Administrative Enforcement Act of the Federation; moreover, § 66 of the Federal Republic of Germany Tenth book. Unofficial table of contents

Section 40a Claims for reimbursement

Where a person entitled to benefits is granted a different allowance for the same period for which a person has provided the basic insurance for job-seeking services in accordance with this book, the basic security institution shall be entitled to: Under the conditions laid down in § 104 of the Tenth Book, jobseekers are entitled to a claim against the other social security institution. The claim for reimbursement also exists insofar as the provision of the unemployment benefit II was unlawful solely on the basis of a subsequently established full employment reduction or retroactively a pension on the grounds of age or a Knappschaftsbalancer is granted. § § 106 to 114 of the Tenth Book shall apply accordingly. Section 44a (3) shall remain unaffected. Unofficial table of contents

Section 41 Calculation of benefits

(1) The entitlement to benefits for the maintenance of the subsisting period shall be for each calendar day. The month is calculated with 30 days. If the services are not available for a full month, the performance will be performed proportionally. The services are to be approved for six months and will be provided monthly in advance. The period of authorisation may be extended to up to 12 months in the case of persons entitled to benefit who are not expected to change the situation during that period. (2) calculations shall be carried out to two decimal places where: nothing deviating is determined. In the case of a calculation carried out to the decimal places, the last decimal place shall be increased by one if one of the digits 5 to 9 would appear in the following decimal place. Unofficial table of contents

Section 42 Payment of cash benefits

Cash benefits in accordance with this book shall be transferred to the account specified in the application at a financial institution for which Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 laying down technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 145, 31.5.2009, p. 22) shall apply. If they are transferred to the place of residence or habitual residence of the persons entitled to benefit, the costs incurred as a result shall be deducted. This shall not apply if the persons entitled to benefit prove that they are not able to set up an account at a financial institution without fault of their own. Unofficial table of contents

§ 42a Loans

(1) Loans shall be provided only if a need cannot be covered in any other way by assets under Article 12 (2), first sentence, points 1, 1a, and 4. Loans may be granted to individual members of the host communities or to a number of joint members. The repayment obligation meets the borrower. (2) As long as borrowers receive benefits for the maintenance of the livelihood, repayment claims from loans from the month following the disbursment are due to monthly payments. Offset of 10 percent of the relevant rule requirement. The offsetting shall be explained in writing by an administrative act in relation to the borrowers. Sentence 1 shall not apply insofar as benefits are provided for the protection of the subsistent pursuant to § 24 (5) or § 27 (4). (3) Repayment claims arising from loans pursuant to § 24 (5) shall be immediately in full force after recovery has been completed; and Repayment claims arising from loans pursuant to § 22 (6) upon repayment by the landlord shall be payable immediately in the amount of the loan amount not yet repaid. If the amount receiveddoes not cover the outstanding amount of the loan, an agreement shall be reached on the repayment of the outstanding amount, taking into account the economic circumstances of the borrowers. (4) Termination of the service is due immediately due to the unpaid loan amount. The repayment of the outstanding amount shall be subject to an agreement taking into account the economic circumstances of the borrowers. (5) Repayment claims arising from loans pursuant to Article 27 (4) shall be different from the fourth sentence of paragraph 4. 1 is due only after completion of the training. The second sentence of paragraph 4 shall apply in accordance with. (6) Unless a derogation is made, payments which are not sufficient for the purpose of repayment of the entire debt due shall first be credited to the loan first provided. Unofficial table of contents

Section 43 Invoice

(1) The providers of services according to this book may offset against claims by persons entitled to benefit in cash benefits in order to secure the subsisting of the living with their

1.

Claims for reimbursement pursuant to § 42 (2) sentence 2, § 43 (2) sentence 1 of the First Book, § 328 (3) sentence 2 of the Third Book, or § 50 of the Tenth Book, or

2.

Replacement claims according to § § 34 or 34a.

(2) The amount of the offsetting amounts to 10 percent of the amount for reimbursement claims based on § § 42 and 43 of the First Book, § 328 (3) sentence 2 of the Third Book, or § 48 (1) sentence 2, point 3 in conjunction with § 50 of the Tenth Book. , in all other cases, 30 per cent of the relevant regulatory requirements. The amount of the monthly offset is limited to a total of 30 percent of the relevant rule requirement. In so far as the declaration of a later offsetting would result in a higher monthly charge amount than 30 percent, the previous statements of settlement shall be completed. (3) In one month's accounts shall be charged in accordance with paragraph 1 and section 42a (2). If the accounts referred to in Article 42a (2) and (1) exceed the amount referred to in the second sentence of paragraph 2, the offsetting explained in accordance with Article 42a (2) shall be carried out in so far as they are to be taken into account in the offsetting of the accounts referred to in Article 42a (2). (4) The offsetting shall be against the person entitled to benefit: in writing, by means of an administrative act. It shall end not later than three years after the month following the decisions referred to in paragraph 1. Periods in which the offsetting is not enforceable shall extend the accounting period accordingly. Unofficial table of contents

Section 43a Distribution of partial payments

Partial payments for reimbursement and reimbursement claims of the carriers according to this book against beneficiaries or third parties reduce the expenses of the carriers of the expenses in proportion to the respective share in the claim to each other. Unofficial table of contents

Section 44 Change of claims

The institution of the services referred to in this book may be subject to claims if the collection of such services by the situation of the individual case would be incontiable.

Section 2
Single Decision

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Section 44a Determination of employability and the need for assistance

(1) The Agency shall determine whether the jobseeker is capable of working. The decision may contradict:

1.

the communal institution,

2.

another institution which would be responsible for the full reduction of the labour force, or

3.

the sickness insurance scheme which would have to be provided by sickness insurance in the case of earning capacity.

The opposition shall be justified. In case of objection, the Agency shall decide for work after obtaining an expert opinion. The expert opinion shall draw up the pension insurance institution responsible in accordance with section 109a (2) of the Sixth Book. The Agency for Work is bound by the decision on the objection to the expert opinion as set out in the fifth sentence. Pending the decision on the objection, the Agency for Work and the Municipal Support shall provide, in the event of the remaining conditions, the benefits of the basic insurance for jobseekers. (1a) The collection of an expert opinion in accordance with The fourth sentence of paragraph 1 shall not be required if the competent institution of the pension insurance has already delivered an expert opinion in accordance with Article 109a (2) sentence 2 of the Sixth Book. The Agency for Work is bound by the expert opinion. (2) The expert opinion of the pension insurance provider on the employability is for all legal service providers after the second, third, fifth, sixth and § 48 of the Tenth Book shall remain unaffected. (3) If the Agency decides that a right to benefits of the basic insurance for job-seekers does not exist, the Agency shall be entitled to reimbursement of reimbursement rights in accordance with § § § 48 of the German Federal Employment and Social Affairs Agency. 103 of the Tenth Book if the person entitled to power or the person entitled to benefit has another Social performance is granted. Article 103 (3) of the Tenth Book shall apply, on the understanding that the date on which the institution of social assistance, the victims of war and the youth aid are to be informed of the date of appeal shall be taken against the statement of the Agency in respect of: (4) The Agency shall determine whether and to what extent the working person and the persons belonging to the household are in need of assistance. It shall be bound by the municipal carrier's determination of the adequacy of accommodation and heating costs in the subsequent decisions taken in accordance with this book. The Agency shall determine whether the person or persons who are entitled to work or the persons belonging to the household are excluded from the receipt of benefits under this book. (5) The municipal institution shall state the level of the persons in his or her work. Responsibility for benefits to be provided. It shall be bound by the findings of the Agency for the work referred to in paragraph 4 in the course of the subsequent decisions taken in accordance with this book. Sentence 2 shall not apply, provided that the local institution is entitled to provisional payment, and shall inform the Agency for its work prior to this decision. (6) The municipal institution may, in accordance with the provisions of paragraph 4, establish the Agency for the work referred to in paragraph 4. 1 or 3 in writing within one month if he/she has to perform higher performances on the basis of the determination. The opposition shall be justified; it shall not be exempted from the obligation to provide the services in accordance with the Agency's determination to work. The Agency for Work shall review its findings and shall notify the municipal institution of its final determination within two weeks. If the communal institution maintains its opposition, the institutions shall be bound by another decision of the Agency for Work or a judicial decision to determine the Agency for Work. Unofficial table of contents

Section 44b Joint institution

(1) In order to ensure the uniform implementation of the basic insurance for jobseekers, the institutions shall form a common body in the territory of each municipal institution in accordance with the first sentence of Article 6 (1), point 2. The joint institution shall carry out the tasks of the institutions in accordance with this book; the sponsorship pursuant to § 6 as well as in accordance with § § 6a and 6b shall remain unaffected. The joint body shall be empowered to adopt administrative acts and appeals. The tasks are carried out by officials and employees who have been assigned corresponding activities. (2) The institutions determine the location as well as the detailed design and organisation of the Joint establishment by agreement. The organisation and organisation of the joint institution should take account of the specific characteristics of the institutions involved, the regional labour market and the regional economic structure. The institutions may agree to the combination of a number of common institutions to form a common body. (3) The institutions shall be responsible for the lawful and appropriate provision of their services. In their duties pursuant to Section 6 (1) (1) or (2), they shall have a right of instruction in relation to the common body; this shall not apply in the area of competence of the General Assembly according to § 44c. The institutions shall be entitled to require the joint establishment to provide information and to provide accounts for the provision of services, to examine the performance of the tasks in the common body and to ask for the common body to be established. to their opinion. Before exercising their right of instruction in matters of fundamental importance, the institutions shall refer the matter to the Cooperation Committee in accordance with § 18b. The Cooperation Committee may make a recommendation within two weeks of referral. (4) The joint institution can also carry out individual tasks by the institutions. (5) The Federal Agency shall provide the joint institution with tenders (6) The institutions shall communicate to the common body all the facts and findings of which they are aware and which are necessary for the performance of the services. Unofficial table of contents

§ 44c General Assembly

(1) The joint body shall have a carrier assembly. Representatives of the Agency for Labour and the Municipal Support Group are represented in the support assembly for half. As a rule, the institutions send three representatives each. Each representative and each representative shall have one vote. The representatives elect a chairperson or a chairman for a term of office of up to five years. If no agreement can be reached in the General Assembly on the person of the Chairman or Chairman, the Chairperson shall be appointed by the representatives of the Agency for Work and the Municipal Support alternately for two years, the first provision shall be made by the representatives of the Agency for Work. The General Assembly shall decide by decision with a majority of votes. In the event of a tie, the vote shall be taken by the chairman or the chairman, except in the case of decisions referred to in the second sentence of paragraph 2, number 1, 4 and 8. The decisions shall be laid down in writing by the chairman or the chairman. The General Assembly shall adopt its own rules of procedure. (2) The General Assembly shall decide on matters relating to the organisation, personnel, personnel and human rights of the joint institution. These are in particular:

1.

the appointment and dismise of the Managing Director or the Managing Director,

2.

the administrative procedure and the organisation,

3.

the change in the location of the joint establishment,

4.

the decisions pursuant to § 6 (1), second sentence, and § 44b (4), whether individual tasks are carried out by the carriers or by third parties,

5.

the regulation of the order in the service and the conduct of the employees;

6.

workplace design,

7.

the approval of service agreements with the Staff Committee,

8.

the establishment of the establishment plan and the directives on the management of jobs;

9.

the basic rules governing the internal, social and personal affairs of employees.

(3) In disputes between the Staff Committee and the Managing Director or Managing Director, the General Assembly shall carry out the tasks of a superordinated service and a top service authority in accordance with § § 69 to 72 of the Federal Personnel Representation Act (Bundespersonalrepresentation) true. (4) The carrier assembly advises on joint supervision keys. It must take account of the budgetary resources available. In the case of personnel requirements determination, the following share ratios between employees and persons entitled to benefit in accordance with this book shall be taken into account in the event of a rule:

1.

1:75 in the granting of benefits for the work of eligible beneficiaries up to the completion of the 25. Life Year,

2.

1:150 in the granting of benefits for the work of eligible persons entitled to work, which is the 25. The age limit and the age limit according to § 7a have not yet been reached.

(5) The General Assembly shall establish uniform principles of qualification planning and human resources development, which shall in particular serve the individual development of the staff members and shall, while respecting their personal interests, be the interests and abilities of the qualification required for the performance of their tasks. The General Assembly approves the principles of human resources development with the personnel development concepts of the institutions. The managing director reports regularly to the general meeting about the state of implementation. (6) The local labour market and integration programme of the basic insurance for jobseekers will be published in the General Assembly. Compliance with the objectives of the institutions. Unofficial table of contents

§ 44d Managing Director, Managing Director

(1) The managing director or the managing director shall carry out full-time operations of the joint establishment, insofar as nothing is determined by law by law. She or he represents the joint body in court and out of court. She or he has to carry out the measures adopted by the General Assembly in its area of responsibility and participates in its meetings in an advisory manner. (2) The Managing Director or the Managing Director shall be appointed for five years. § 4 of the German Federal Railways Ordinance shall apply for the invitation to tender for the vacant position. If no agreement can be reached in the General Assembly on the person of the Managing Director or of the Managing Director, the Chairman of the General Assembly shall inform the Cooperation Committee. The Cooperation Committee shall consult the institutions of the joint establishment and shall submit a proposal. If the members of the Cooperation Committee are unable to agree on a proposal or if no agreement can be reached in the General Assembly despite a proposal, the Executive Director or the Managing Director shall be appointed by the Agency for Work and the municipal institution alternately determined for two and a half years. The first provision shall be made by the Agency for Work; by way of derogation from this, the first provision shall be made by the municipal institution if the Agency for Work has, for the first time, designated the Chairman or Chairman of the General Assembly. The Managing Director or the Managing Director may be dismissed prematurely at the decision of the General Assembly. Until the appointment of a new Managing Director or a new Managing Director, she or she will lead the business of the joint entity. (3) The Managing Director or the Managing Director shall be an official, an official, a worker, or a worker. Employees of a carrier and subject to their official supervision. Insofar as she or he is a civil servant, civil servant, employee or employee of a congregation employed in accordance with Article 6 (2) sentence 1, she or she shall be subject to the supervision of his/her servant or employer. (4) The Managing Director or the Managing Director shall exercise the service, personnel and labour law powers of the Federal Agency and of the Staff Regulations, as well as the employees and employees to whom activities have been assigned in the joint establishment. municipal institution and the service-management and pre-legislature function, with Exception of the powers to justify and terminate the legal relationships existing with the officials and employees. (5) The managing director is the director, the managing director is the head of the service (6) In the case of personnel-related decisions which lie within the competence of the institutions, the managing director or the managing director has a hearing and/or Right of proposal. (7) In the case of the classification of the Business leaders and managing directors must comply with maximum limits. Grade A 16 of the Bundesbesoldungsordnung A, in exceptional cases the grade B 3 of the Bundesbesoldungsordnung B, or the corresponding national grade, may not be exceeded. The remuneration for workers may not exceed the remuneration applicable to officials. Unofficial table of contents

§ 44e Procedure in the event of disagreement on the authority of the White House

(1) In order to settle a disagreement over the jurisdiction of Section 44b (3) and Article 44c (2), the institutions or the General Assembly may bring the matter to the Cooperation Committee. Where the managing director or the managing director finds that the instructions of the institutions are contrary to each other or to a instructions of the General Assembly, it shall inform the institution or the institution without delay in order to review this opportunity for review. of the authority to issue the instructions. If the disagreement persists thereafter, the Managing Director or the Managing Director may refer the matter to the Cooperation Committee. (2) The Cooperation Committee shall decide after hearing the institution and the Managing Director or the Managing Director. by decision with a majority of votes. In the event of a tie, the vote shall be taken by the chairman or the chairman. The decisions of the committee shall be laid down in writing by the chairman or by the chairman. The Chairman shall inform the institutions, the General Assembly and the Executive Director or the Managing Director of the decisions. (3) The decision of the Cooperation Committee shall be binding on the institutions. In so far as the legal path has been adopted in accordance with other provisions, it shall not be excluded by the call of the Cooperation Committee. Unofficial table of contents

Section 44f Management of federal funds

(1) The Federal Agency shall transfer the management of federal funds to the joint institution, which it manages within the framework of Section 46. The Federal Government's budgetary provisions apply to the transfer and management. (2) In order to manage the federal budget, the managing director or the managing director appoints a commissioner or a commissioner. for the budget. The managing director or the managing director and the general meeting have to participate in all measures of financial importance to the commissioners or the commissioner for the budget. (3) The Federal Agency has the transfer of the (a) to revoke management where the common body has repeatedly or significantly breached legal or administrative provisions in the management of the budget and if the appointment of one or another representative for the budget does not constitute a This is to be expected. (4) Approximation of the management and implementation of the management of federal budget funds can be agreed between the Federal Agency and the joint institution. The communal institution may also commission the joint institution with the management of municipal budget funds. (5) The authority referred to in paragraph 1 may be transferred back to the Federal Agency by decision of the General Assembly. Unofficial table of contents

Section 44g assignment of activities to the common body

(1) Officials and employees of the institutions and of the municipalities and municipal associations employed pursuant to Article 6 (2) sentence 1 may, with the agreement of the managing director or the managing director of the joint In accordance with the official and collective agreements, activities shall be assigned to the joint bodies, and this allocation may also be carried out in the long term. The allocation shall also be allowed without the consent of the officials and workers, if urgent service interests require it. (2) In the case of an assignment of activities to the joint entities, the Employees who have already been assigned an activity in these joint bodies are not required to obtain the consent of the managing director or the managing director of the joint institution. (3) The legal status of the official and the official shall remain unaffected. They are to be assigned an activity corresponding to their duties. (4) The employment relationships existing with the Federal Agency, the municipal institution or a municipality used in accordance with Article 6 (2), first sentence, or a municipal association shall remain unaffected. If, on the basis of the assignment, a worker is transferred on the basis of the assignment activities to be assigned to a lower pay group or to the activity level, the grouping shall be determined after the previous activity. (5) The allocation can

1.

for official reasons, with a period of three months,

2.

at the request of the official, the official, the employee or the employee for good reason at any time

be terminated. The managing director or the managing director may object to the termination in accordance with point 2 for compelling service reasons. Unofficial table of contents

§ 44h Staff Committee

(1) A staff representation shall be formed in the joint institutions. The regulations of the Federal Personalization Act apply accordingly. (2) The civil servants and employees in the joint institution have for the period of time for which they are activities in the joint (3) The Staff Committee of the Joint Institution is entitled to all rights in accordance with the regulations of the Federal Personnel Representation Act, to the extent that the Carrier Meeting or the Managing Director or the Managing Director Decision-making powers in matters relating to human rights, human-economic, social or the order of the office concerned. (4) For the purpose of discussing and coordinating joint personnel representation law matters relevant to the law Matters shall be set up by a working party of the chairpersons of the staff representatives of the joint bodies. The working group will hold up to two sessions a year. It shall adopt, by a majority of the votes of its members, a Rules of Procedure, the rules on the Presidency, the internal decision-making procedure and the decision-making procedure. The Working Party may submit comments to the competent institutions on measures taken by the institutions which may have an influence on the working conditions of all workers and officials in the joint bodies. (5) The rights of the employee representatives of the dienders and employers to be issued shall remain unaffected, insofar as the decision-making powers remain with the institutions. Unofficial table of contents

§ 44i Schwerdisability representation; youth and trainee representation

§ 44h is to be applied to the representatives of the severely disabled and youth and trainees ' representatives. Unofficial table of contents

§ 44j Equal opportunity commissioner

An equal opportunity commissioner shall be appointed in the joint institution. The Federal Equality Act applies accordingly. The Equal Opportunity Officer shall be entitled to the rights in accordance with the provisions of the Federal Equality Act, to the extent that the General Assembly and the Managing Directors are empowered to take decisions. Unofficial table of contents

§ 44k Job management

(1) With the allocation of activities in accordance with Article 44g (1) and (2), the institutions of the joint establishment shall transfer the relevant posts and posts as well as the employment of workers to the employment of workers with temporary contracts for management. (2) The establishment plan to be set up by the General Assembly shall require the approval of the institutions. In the establishment and management of the establishment plan, the joint institution shall be subject to the instructions of the institutions. Unofficial table of contents

§ 45 (omitted)

Chapter 5
Financing and supervision

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Section 46 Funding from federal funds

(1) The Federal Government shall bear the expenses of the basic insurance for job-seekers, including administrative costs, in so far as the services are provided by the Federal Agency. The Federal Court of Auditors examines the granting of benefits. This also applies to the extent to which the tasks are performed by joint bodies according to § 44b. A lump-sum payment of inclusion benefits and administrative costs is permitted. The appropriations for the provision of integration services and administrative costs are estimated in a total budget. (2) The Federation can determine by which standards the funds referred to in the first sentence of paragraph 1 are to be distributed among the agencies for work. The allocation shall be based on the number of persons entitled to work according to this book. For services according to § § 16e and 16f, the Agency may use up to 20 per cent of the integration means to which it departs. The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Finance, may, without the consent of the Federal Council, set other or supplementary standards for the distribution of the funds referred to in the first sentence of paragraph 1 without the approval of the Bundesrat (3) The Federal Government's share of the total administrative costs of the joint institutions is 84.8 per cent. With the consent of the Bundesrat, the Federal Ministry of Labour and Social Affairs can, in agreement with the Federal Ministry of Finance, determine by which standards the Federal Ministry of Labour and Social Affairs

1.

Municipal institutions charge the expenses of the basic insurance for jobseekers at the Federal Employment Agency, in so far as they carry out tasks in accordance with the first sentence of Article 6 (1), first sentence, point 1,

2.

determine the total administrative costs on which the calculation of the part of the financing referred to in the first sentence is based.

(4) (omitted) (5) The Federal Government shall take part in the services provided for accommodation and heating pursuant to § 22 (1). This participation amounts to 34.4 of the hundred in the Land of Baden-Württemberg in the years 2011 to 2013, 40.4 per cent in the Land of Rhineland-Palatinate and 30.4 in the other countries from the hundred of the services provided for in the first sentence. In 2014, as well as from 2018, this participation in the Land of Baden-Württemberg is 31.6 of the hundred, in the Land Rhineland-Palatinate 37.6 of the hundred and in the other countries 27.6 of the hundred of the services according to the first sentence. In the years 2015 to 2016, the federal government increased its participation in the benefits according to sentence 1 by 3.7 percentage points to 35.3 from the hundred in the state of Baden-Württemberg, to 41.3 of the hundred in the state of Rhineland-Palatinate and to 31.3 of the hundred in the other countries. In 2017, the federal government increased its participation in the benefits according to sentence 1 by 7.4 percentage points to 39.0 percent from the hundred in the state of Baden-Württemberg, to 45.0 of the hundred in the state of Rhineland-Palatinate, and to 35.0 of the hundred in the other countries. (6) The in The percentages referred to in the second sentence of paragraph 5 shall be increased by one percentage point. This corresponds to the total expenditure for the services provided for in § 28 as well as in accordance with Section 6b of the Federal Children's Money Act of the completed previous year divided by the total expenditure for the benefits provided for in the first sentence of paragraph 5 of the completed previous year multiplied by 100. By 2013, this figure is 5.4 percentage points; paragraph 7 remains unaffected. (7) The Federal Ministry of Labour and Social Affairs is authorized to enter the value referred to in the first sentence of paragraph 6 for the first time in 2013 by means of a legal regulation with the consent of the Federal Ministry of Labour and Social Affairs. Federal Council for the following year to be determined and adjusted retroactively for the current year. In each case, it shall be based on the value referred to in the second sentence of paragraph 6 for the previous year. For the retroactive adjustment, the difference between the value set out in the second sentence and the figure set for the previous year in accordance with the first sentence of paragraph 6 shall be balanced in a timely manner in the current year. The amount of the Federal Government's contribution to the benefits referred to in the first sentence of paragraph 5 shall not exceed 49% (7a) The percentage referred to in the third sentence of paragraph 5 shall be increased by 0.18 percentage points in 2014. The Federal Ministry of Labour and Social Affairs is authorized, based on this value, on the basis of the development of immigration from other EU Member States by means of a legal regulation with the consent of the Federal Council, country-specific values (8) The Federal Government's share of the benefits referred to in the first sentence of paragraph 5 shall be reimbursed to the countries concerned. The retrieval of refunds is permitted at the middle of the month and at the end of the month. To the extent that a federal contribution is claimed for payments which have already been made at the end of a financial year due to the timely receipt of the beneficiary, but are not due until the following financial year, the The financial year of the Federal Republic of Germany The total expenditure for the services according to § 28 as well as in accordance with § 6b of the Federal Children's Money Act must be determined by the Länder until 31 March of the following year and must be communicated to the Federal Ministry of Labour and Social Affairs. Countries shall ensure that the expenditure incurred by the local authorities is justified and substantiated and that the principles of economy and economy are in accordance with the principles of economic efficiency and economy. Unofficial table of contents

§ 47 Supervision

(1) The Federal Ministry of Labour and Social Affairs carries out the legal and professional supervision of the Federal Agency, in so far as it is entitled to a right of instruction in relation to the common facilities in accordance with Section 44b (3). The Federal Ministry of Labour and Social Affairs can issue instructions to the Federal Agency and bind it to its opinion; it can take organizational measures to safeguard the interests of the federal government in the implementation of the basic insurance for job-seekers (2) The competent national authorities shall carry out the supervision of the municipal authorities, in so far as they are entitled to a right of instruction in relation to the common facilities in accordance with Section 44b (3). The Federal Ministry of Labour and Social Affairs is responsible for the legal supervision of the joint bodies in agreement with the competent authorities in the area of responsibility for the State authority. If an agreement cannot be reached, the Cooperation Committee shall issue a recommendation. The Federal Ministry of Labour and Social Affairs can only deviate from the recommendation for important reasons. The Cooperation Committee shall also be informed of supervisory measures. (4) The Federal Ministry of Labour and Social Affairs may, by means of a regulation without the consent of the Federal Council, carry out the performance of its tasks pursuant to paragraphs 1 and 3 of this Article. (5) The supervisory authorities shall be entitled to examine the performance of the tasks at the joint institutions. Unofficial table of contents

Section 48 Supervision of authorised communal institutions

(1) The competent national authorities shall be responsible for the supervision of the approved municipal authorities. (2) The Federal Government shall exercise the legal supervision of the supreme state authorities in so far as the approved municipal institutions carry out tasks instead of the Federal Agency. For this purpose, the Federal Government may, with the consent of the Bundesrat, adopt general administrative provisions on fundamental legal questions relating to the provision of services. The Federal Government may transfer the exercise of legal supervision to the Federal Ministry of Labour and Social Affairs. (3) The Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, apply general administrative provisions for the Federal Ministry of Labour and Social Affairs Invoicing of the expenses of the basic insurance for jobseekers. Unofficial table of contents

§ 48a Comparison of performance

(1) The Federal Ministry of Labour and Social Affairs, on the basis of the key figures in accordance with § 51b (3), shall establish and promote the performance of the local task perception of the providers of basic insurance for job-seekers. Number 3 Number comparisons and publishes the results quarterly. (2) The Federal Ministry of Labour and Social Affairs is authorized, by means of a regulation with the consent of the Federal Council, to provide the key figures necessary for the comparisons. the procedure for their further development and the form of publication of the To set results. Unofficial table of contents

Section 48b Target agreements

(1) Close to the objectives of this book

1.

the Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Finance, with the Federal Agency,

2.

the Federal Agency and the municipal authorities with the managing directors of the joint institutions,

3.

the Federal Ministry of Labour and Social Affairs with the competent authority of the State and

4.

the competent national authority with the approved municipal institutions

Agreements. The agreements referred to in the first sentence of paragraph 2 to 4 shall include all the services provided by this book. The deliberations on the agreement referred to in the first subparagraph of paragraph 3 shall be carried out by the cooperation committees in accordance with § 18b. In accordance with § 18c, the Federal Government/Länder Committee will advise on a uniform basis for the agreements pursuant to this paragraph. (2) The agreements will be concluded after the Bundestag has decided on the annual budget law. (3) Agreements shall include, in particular, the objectives of reducing the need for assistance, improving integration into employment and avoiding long-term performance. The agreements referred to in the first sentence of paragraph 1, paragraphs 2 to 4, shall also include the objective of improving social participation. (4) The agreements referred to in the first sentence of paragraph 1 shall apply to the agreements referred to in the first sentence of paragraph 1, point 3. (5) For the conclusion of the agreements and the maintenance of the achievement of the objectives, the data according to § 51b and the key figures according to § 48a (2) shall be decisive. (6) The agreements referred to in the first sentence of paragraph 1 may be 1

1.

replace the necessary authorisations or consents of the Federal Ministry of Labour and Social Affairs,

2.

Allow the self-management of budgetary resources for inclusion in work and administrative costs.

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§ 49 Internal Audit

(1) The Federal Agency shall ensure, through organisational measures, that all departments and joint bodies are audited by their own staff, not members of the service, whether they are providing services under this book under Compliance with the legal provisions should not have been provided or could have been used more appropriately or economically. Third parties can be entrusted with carrying out the examinations. (2) The audit staff of the Federal Agency is subject, for the time of its audit work, directly to the management of the office in which it is employed. (3) The Board of Management lays down the reports referred to in paragraph 1 shall immediately be submitted to the Federal Ministry of Labour and Social Affairs.

Chapter 6
Data collection, processing and use, responsibility for data protection

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§ 50 Data transmission

(1) The Federal Agency, the municipal authorities, the approved municipal institutions, joint bodies responsible for combating abuse of performance and illegal employment and the performance of tasks Third parties should submit to each other social data, insofar as this is necessary for the performance of their tasks according to this book or the third book. (2) The joint institution is responsible for the collection, processing and use of the data. of social data pursuant to § 67 (9) of the Tenth Book as well as the body within the meaning of § 35 Paragraph 1 of the First Book. (3) The joint institution uses centrally managed information technology procedures for the performance of its tasks by the Federal Agency. It is obligated to access a common central data set created on this basis. The Federal Agency is responsible for the centrally managed procedures of information technology in accordance with § 67 (9) of the Tenth Book. (4) The admissibility of the collection, processing and use of personal social data by the The joint institution is governed by the federal data protection law, insofar as it is not in this book and in the second chapter of the tenth book that priority regulations are made. The right of access to official information in relation to the joint institution is governed by the Federal Information Freedom Act. The data protection control and the control of compliance with the rules on the freedom of information at the common facility as well as for the central procedures of information technology are oblie according to § 24 of the Federal Data Protection Act (Bundesdatenschutzgesetz) of the or the Federal Commissioner for Data Protection and Freedom of Information. Unofficial table of contents

Section 51 Collection, processing and use of social data by non-public bodies

By way of derogation from Article 80 (5) of the Tenth Book, the institution of the benefits provided for in this Book may, in accordance with this book, include the provision of services for integration in the work and the fight against Abuse of performance by non-public authorities with the collection, processing and use of social data, including as far as the storage of the data covers the entire data base. Unofficial table of contents

§ 51a Customer number

Any person who receives benefits under this Act shall be assigned a unique customer number issued by the Federal Agency or on behalf of the Federal Employment Agency by the approved municipal authorities. The customer number is to be used by the bearer of the basic insurance for job-seekers as an identification feature and serves exclusively for this purpose as well as for the purposes according to § 51b (3). To the extent that it exists, the customer number of the Federal Agency, which is already given in connection with the performance of the services according to the third book, shall be used. The customer number is also assigned to the respective person when they change the carrier. If the service is renewed after a long period of time without using the services provided for in this book or after the third book, a new customer number will be awarded. These rules shall apply mutatily to demand communities. For the purposes of this provision, one or more children of a household who receive benefits in accordance with Article 7 (2) sentence 3 shall also be considered as the community of the requirements of this provision. When transmitting the data, the carriers shall use a unique carrier number issued by the Federal Agency. Unofficial table of contents

§ 51b Data collection and processing by the holders of the basic insurance for jobseekers

(1) The competent institutions of basic insurance for job-seekers shall continuously collect the data necessary for the implementation of the basic insurance for jobseekers. The Federal Ministry of Labour and Social Affairs is authorized, by means of a legal regulation with the consent of the Federal Council, to the data to be collected in accordance with the first sentence, which are required for use for the purposes referred to in paragraph 3, including the (2) The local authorities and the approved municipal authorities shall transmit the data referred to in paragraph 1 to the Federal Agency, specifying a unique identification feature, personal data sets specifying the number of customers and the number of the community in accordance with § 51a. (3) Data collected pursuant to paragraphs 1 and 2 and transmitted to the Federal Agency may only be processed and used for the following purposes, without prejudice to other legal bases of existing notification requirements:

1.

the future award of benefits under this and the third book to the persons affected by the surveys,

2.

checks on the correct and cost-effective provision of services for job-seekers,

3.

the compilation of statistics, key figures for the purposes pursuant to § 48a (2) and § 48b (5), inclusion balance sheets and controlling reports by the Federal Agency, ongoing reporting and impact research in accordance with § § 53 to 55,

4.

the implementation of the automated reconciliation according to § 52,

5.

the fight against abuse of power.

(4) The Federal Agency shall, in consultation with the local community leaders, regulate at the federal level the exact extent of the information to be transmitted in accordance with paragraphs 1 and 2, including an inventory report, as well as the time limits for their transmission. It also regulates the nomenclatures to be used, the type of transmission of the data sets, including the data formats, as well as the setting up, allocation, use and deletion periods of customer and demand community numbers according to § 51a. Unofficial table of contents

§ 51c (omitted)

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§ 52 Automated Reconciliation

(1) The Federal Agency and the approved municipal institutions shall review persons who receive benefits under this book, on 1 January, 1 April, 1 July and 1. October by automated reconciliation,

1.

whether and to what extent and for which periods the benefits of statutory accident insurance or pension insurance are or have been received from them,

2.

whether, and to what extent, periods in the performance of this book will coincide with periods of compulsory insurance or low-level employment,

3.

whether and which data have been transferred to the Federal Central Office for Taxation pursuant to Section 45d (1) and (45e) of the Income Tax Act,

4.

whether and to what extent, according to Article 12 (2) (2), capital no longer serves the purpose of a funded supplementary pension scheme within the meaning of Section 10a or Section XI of the Income Tax Law,

5.

whether and to what extent, and for which periods, the benefits are or have been received from them by the social assistance institutions;

6.

whether and to what extent and for which periods they are or have been received by the Federal Employment Agency as a carrier for the promotion of employment in accordance with the third book,

7.

whether and to what extent and for which periods the services of other providers of the basic insurance for job-seekers are or have been received.

For the purpose of carrying out the automated reconciliation, the institution of the services referred to in this book may transmit the following data to the bodies referred to in paragraph 1 of a person who benefits in accordance with this book:

1.

Name and first name,

2.

date and place of birth,

3.

Address,

4.

Insurance number.

(2a) The data office of the pension insurance institutions may, as a switching centre, store and use the data transmitted under paragraphs 1 and 2, insofar as this is necessary for the reconciliation of the data referred to in paragraphs 1 and 2. You may use the data of the main file (§ 150 of the Sixth Book) and the data file (§ 28p, paragraph 8, sentence 2 of the Fourth Book), which is kept for the examination by the employers, insofar as the data are required for the data reconciliation. The data stored in accordance with the first sentence of the data office of the pension insurance institutions shall be deleted immediately after the conclusion of the reconciliation. (3) The data and data media provided for the bodies referred to in paragraph 1 shall be deleted after the date of completion of the data collection. Immediately return, delete, or destroy match. The providers of the services provided for in this book may only use the data transmitted to them for the purpose of checking in accordance with paragraph 1. The transmitted data of the persons in which the inspection does not lead to any deviating findings must be deleted immediately. (4) The Federal Ministry of Labour and Social Affairs is authorized to use the legal regulation to provide further information on the Procedures for automatic data reconciliation and the costs of the procedure; provision should be made for the transmission to be made to the information points by a central exchange (head office), the area of responsibility of which shall be at least the territory of a federal state. Unofficial table of contents

Section 52a Review of data

(1) The Agency for Work may obtain information in respect of persons who have applied for, or have obtained benefits under this Book.

1.

the data referred to in Article 39 (1) (5) and (11) of the Road Traffic Act, relating to a vehicle for which the person is registered as holder, the Central Vehicle Register;

2.

from the reporting register in accordance with section 21 of the Reporting Framework Act and the National Central Register of Foreigners,

in so far as this is necessary in order to combat abuse of power. (2) The Agency for Work may refer or refer to data of persons who have applied for, have requested benefits under this Book, and have applied for the housing benefit. , to the competent authority in accordance with the Housing Act, to the extent that this is necessary to determine the conditions for the exclusion of the housing allowance (§ § 7 and Article 8 (1) of the Housing Money Act). The transmission of the data referred to in Article 52 (2) (1) to (3) shall be permitted. The authorities referred to in paragraph 1 shall carry out the review and shall immediately inform the outcome of the Agency's work for the work of the Agency. The authorities referred to in paragraph 1 and in the first sentence of paragraph 1 shall immediately delete the data transmitted to them after the verification has been completed.

Chapter 7
Statistics and research

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Section 53 Statistics and transmission of statistical data

(1) The Federal Agency shall draw up statistics from the data received from it pursuant to Section 51b in the implementation of the basic insurance for jobseekers and the data transmitted to it by the local authorities and the approved municipal institutions pursuant to Section 51b. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) is responsible for the type and scope of the work and the facts and characteristics of the statistics and the characteristics of the statistics and the characteristics of the statistics. (3) The Federal Agency shall submit the statistics referred to in paragraph 1 to the Federal Ministry of Labour and Social Affairs and shall publish them in an appropriate form. It ensures that short-term information needs of the Federal Ministry of Labour and Social Affairs can be met. (4) The Federal Agency shall provide the statistical authorities of the counties and county-free cities for the purposes of the Planning support and data and tables of the labour market and basic security statistics required for social reporting. (5) The Federal Employment Agency can be used by the Federal Statistical Office and the statistical offices of the Länder for Purposes of planning support and for social reporting for their Responsibility for data and tables of labour market and basic statistics. It is entitled to submit anonymized and pseudonymized individual data to the Federal Statistical Office and the statistical offices of the Länder for supplementary evaluations. In the case of the transmission of pseudonymized individual data, the names must be replaced by new pseudonyms to be generated in each case. Non-pseudonymized addresses may only be transmitted for the purpose of assignment to statistical blocks. (6) The Federal Agency shall be entitled, for statistical purposes only, to be responsible for the implementation of statistical tasks. To submit data and tables of the labour market and basic security statistics, as well as anonymised and pseudonymous individual data, to the municipalities and municipal associations for their area of responsibility, in so far as the conditions laid down in § 16 (5) Sentence 2 of the Federal Statistics Act. In the case of the transmission of pseudonymized individual data, the names must be replaced by new pseudonyms to be generated in each case. Only information on small-scale territorial units, but not the exact addresses, may be provided. (7) § § 280 and 281 of the Third Book shall apply accordingly. Section 282a of the Third Book is subject to the proviso that data and tables of the labour market and basic statistics are also available to the authorities responsible for the implementation of statistical tasks in the counties and towns, as well as of the municipalities, and In so far as the conditions laid down in Article 16 (5), second sentence, of the Federal Statistics Act are met, they may be sent to the municipal authorities. Unofficial table of contents

§ 53a unemployed

(1) Unemployed persons within the meaning of this Act are eligible beneficiaries who fulfil the conditions laid down in § 16 of the Third Book in a reasonable application. (2) Eligible beneficiaries who are entitled to work after completion of the 58. In the case of a life year at least for a period of 12 months, basic insurance benefits have been obtained for jobseekers without the provision of employment subject to social security contributions, and shall apply after the end of that period for the The duration of the respective benefit cover is not considered to be unemployed. Unofficial table of contents

Section 54 Inclusion balance sheet and inclusion report

Each agency for work shall draw up an integration balance for the work on integration into work. § 11 of the Third Book shall apply accordingly. In so far as individual measures do not directly lead to integration into work, other indicators must be developed by the Federal Employment Agency, which suitably map the progress of integration of the working-age eligible beneficiaries. At the federal level, the Federal Agency shall draw up an inclusion report; § 11 (4) and (5) of the Third Book shall apply accordingly. Unofficial table of contents

§ 55 Impact research

(1) The effects of the services for the integration and the performance of the service to ensure the livelihood are to be examined regularly and in a timely manner and should be included in the labour market and occupational research in accordance with § 282 of the Third Book. The Federal Ministry of Labour and Social Affairs and the Federal Agency can set out details of impact research in agreements. If appropriate, third parties can be commissioned with the impact research. (2) The Federal Ministry of Labour and Social Affairs is investigating the impact of the local task perception by the institutions of the services according to this book.

Chapter 8
Duty of co-action

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§ 56 Display and certification obligation in case of incapacity for work

(1) Eligible beneficiaries who have applied for or are receiving benefits for the protection of their livelihood are obliged to do so by the Agency for Work

1.

to notify without delay an incapacity for work and its probable duration; and

2.

at the latest before the end of the third calendar day following the occurrence of the incapacity for work, to submit a medical certificate concerning the incapacity for work and its probable duration.

The Agency for Work is entitled to require the submission of the medical certificate earlier. If the incapacity for work is longer than indicated in the certificate, a new medical certificate shall be submitted to the Agency for work. The certificates must include a note from the treating physician that the sickness insurance institution must immediately provide a certificate of incapacity for work with information on the findings and the probable duration of the health insurance. Incapacity to work is sent. In the event that the Agency has doubts about the incapacity for work of the persons entitled to work, the provisions of Section 275 (1) (3b) and (1a) of the Fifth Book shall apply accordingly. (2) The Federal Agency shall reimburse the health insurance funds for the costs incurred by the Agency. the review by the Medical Service of the health insurance referred to in the fifth sentence of paragraph 1. The Federal Employment Agency and the Association of the Federal Government of the Health Insurance Funds agree on the procedure and the amount of reimbursement of expenses; the Medical Service of the Federal Government of the Health Insurance Funds is to be involved. The agreement may also lay down a flat-rate payment of costs. Unofficial table of contents

§ 57 obligation to provide information for employers

Employers shall provide the Agency for work, at their request, with information on such facts which may be relevant to the decision on entitlement to benefits under this book; the Agency for Work may use it for this purpose: of a form. The obligation to provide information also extends to information about the end and the reason for termination of the employment relationship. Unofficial table of contents

§ 58 Income certificate

(1) Any person who has applied for, or refers to, a current cash benefit in accordance with this book shall be obliged to take the form and duration of his/her work as soon as possible and the amount of the remuneration or remuneration to be paid to him without delay. for the periods in respect of which this benefit has been requested or for which it has been requested. Use shall be made of the form provided for by the Agency for work. The certificate shall be issued to the person or persons who have requested or received the benefit without delay. (2) Anyone who has requested or receives an ongoing cash benefit in accordance with this book and is employed in respect of remuneration shall be requires the employer to submit to the employer the form required for the certificate of the work charge. Unofficial table of contents

Section 59 Reporting obligation

The provisions relating to the general reporting obligation, § 309 of the Third Book, and the obligation to notify when changing jurisdiction, § 310 of the Third Book, are to be applied accordingly. Unofficial table of contents

§ 60 obligation to provide information and the obligation to comply with third parties

(1) Any person who has requested or receives benefits in accordance with this book shall provide services which are likely to exclude or reduce such benefits in accordance with this book, the Agency shall provide information on this subject on request. (2) To the extent that it is necessary to carry out the tasks in accordance with this book (2) Anyone who has requested or receives a performance pursuant to this Book is obliged to perform the services according to this book. to exclude or to reduce, or to hold assets or hold assets for them, the To provide information to the Agency for work on request and in relation to income or assets related thereto, insofar as it is necessary to carry out the tasks referred to in this Book. Section 21 (3) sentence 4 of the Tenth Book shall apply accordingly. § 1605 (1) of the Civil Code is to be applied for the determination of a maintenance obligation. (3) Anyone who has

1.

has requested or relates to benefits under this Book or its partner or partner; or

2.

is obliged to provide information in accordance with paragraph 2,

, the Agency shall provide information on employment, in particular on remuneration, at the request of employment, in so far as it is necessary to carry out the tasks referred to in this Book. (4) Are the income or assets of the Partner or partner to consider, have

1.

of these partners,

2.

Third parties who hold credit or hold assets for the partner or partner,

to provide information to the Agency for work on request in so far as it is necessary for the performance of the tasks referred to in this book. § 21 (3) sentence 4 of the Tenth Book shall apply accordingly. (5) Anyone who has received or referred to a person who has requested benefits under this Book shall have access to business records, business records, on request, for work on request. and supporting documents as well as lists, pay lists and payment documents for home workers, to the extent that it is necessary to carry out the tasks referred to in this book. Unofficial table of contents

Section 61 Information requirements for work on integration into work

(1) In the case of institutions which have provided or provide a performance for integration into work, the Agency shall, without delay, provide the Agency with information on the facts to indicate whether and to what extent benefits have been provided. are or will be. They shall immediately inform the Agency of any changes that are significant for the performance of the work. (2) The participants shall be obliged to take part in measures relating to integration,

1.

to provide the Agency for work, on request, with information on the success of the measure, and any further information required for quality testing; and

2.

to allow an assessment of their performance and behaviour by the measure carrier.

The measure carriers shall be obliged to forward their assessments to the Agency for work without delay. Unofficial table of contents

Section 62 Damage

Who intentionally or negligently

1.

an income certificate is not, not correctly or not fully filled,

2.

an information according to § 57 or § 60 is not granted, not correct or not fully issued,

shall be obliged to compensate for the damage resulting therefrom.

Chapter 9
Criminal and penal rules

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Section 63 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 57 sentence 1, an information is not provided, not correct, not complete or not in good time,

2.

Contrary to § 58 (1) sentence 1 or 3 Art or duration of the employment or the amount of the remuneration or the remuneration, not correct, not fully or insufficiently certified or a certificate is not or not in good time to be handed over,

3.

Contrary to Article 58 (2), a form shall not be presented or not presented in good time,

4.

Contrary to § 60 (1), 2 sentence 1, paragraph 3 or 4 sentence 1, or as a private institution contrary to § 61 paragraph 1 sentence 1, an information is not issued, not correct, not complete or not in good time,

5.

in breach of § 60 (5), not or not granted in time, or

6.

Contrary to § 60 (1) sentence 1, point 2 of the First Book, a change in the conditions which is significant for a claim to an ongoing service is not communicated, not correct, not complete or not in good time.

(2) In the cases referred to in paragraph 1 (6), the administrative offence may be punishable by a fine of up to EUR 5 000 and, in the other cases, with a fine of up to two thousand euros. Unofficial table of contents

§ 63a Data protection law

(1) An administrative offence acts as a civil servant, a civil servant, a worker or a worker of the institution or of the municipalities and municipal associations referred to in Article 6 (2), first sentence, to which, in accordance with Article 44g (1) or (2), an activity in a common equipment is assigned, intentionally or negligently, one in

1.

Section 85 (1) (1a), (1b), (2) or (3) of the Tenth Book, or in Section 43 (1) (2b) of the Federal Data Protection Act, or

2.

Section 85 (2) of the Tenth Book or in Section 43 (2) (1) to (4) of the German Federal Data Protection Act

(2) In the cases referred to in paragraph 1 (1), the administrative offence may be punishable by a fine of up to fifty thousand euros and in the cases referred to in point 2 of paragraph 1, with a fine of up to three hundred thousand euros. (3) Administrative authorities within the meaning of Section 36 (1) (1) of the Law on Administrative Offences are

1.

the Federal Ministry of Labour and Social Affairs, if the administrative offence is caused by an official, an official, a worker, or a worker of the Federal Employment Agency,

2.

the competent supreme authority of the state, if the administrative offence is caused by an official, an official, a worker or a worker of a municipal institution or of the municipalities referred to in Article 6 (2) sentence 1, or Community associations

is committed in the exercise of an activity at a joint institution. § 36 (2) and (3) of the Code of Administrative Offences shall apply mutagentily. Unofficial table of contents

§ 63b Data protection law

(1) A custodial sentence of up to two years or a fine shall be punishable by a deliberate act, referred to in Section 63a (1) (2), against payment or the intention to enrich himself or another person or to commit another person to another person. (2) The deed shall only be prosecuted upon request. The person concerned, the responsible body in accordance with § 50 (2) or (3) sentence 3 and the Federal Commissioner for Data Protection and the Freedom of Information are entitled to apply for an application.

Chapter 10
Fight against abuse of power

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Section 64 Jurisdiction

(1) § 319 of the Third Book shall apply accordingly to the fight against abuse of performance. (2) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be deemed to be in the cases of

1.

Section 63 (1) (1) to (5), the joint body or the municipal institution authorized in accordance with Article 6a,

2.

Section 63 (1) (6)

a)

the joint body or the municipal institution approved in accordance with Article 6a, and

b)

the authorities of the customs administration

each for their business area.

(3) Where the joint entity is the managing authority referred to in paragraph 2, the fines shall be paid to the Bundeskasse. Section 66 of the Tenth Book shall apply accordingly. By way of derogation from Section 105 (2) of the Code of Administrative Offences, the Bundeskasse shall bear the necessary requirements. It is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences.

Chapter 11
Transitional and final provisions

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Section 65 General transitional provisions

(1) to (3) (omitted) (4) By way of derogation from § 2, eligible beneficiaries are entitled to benefits in order to secure the livelihood, which is the 58. They are not willing to work and do not want to use and take advantage of all the opportunities offered by them, and are not willing to take advantage of all the opportunities and benefits of the entitlement to benefits in order to secure their livelihood. To end the need for assistance by taking up a job. From 1 January 2008, the first sentence shall apply only if the claim was made before 1 January 2008 and the person entitled to work before that date is 58. Year of life has been completed. Section 428 of the Third Book shall apply accordingly. The first sentence applies to persons who are capable of working and who have already received unemployment benefits under the conditions of § 428 (1) of the Third Book before 1 January 2008 and who are in need of assistance for the first time after 31 December 2007. (5) § 12 Paragraph 2 (1) shall apply with the proviso that, for the provisions of Article 4 (2), second sentence, of the unemployment benefit regulation of 13 December 2001 (BGBl. 3734), in the version of 31 December 2004, to replace the basic free amount of EUR 150 per year of life, EUR 520, to replace the maximum amount of EUR 9 750 each. The maximum amount of EUR 33 800 is to be paid. Unofficial table of contents

§ 65a (omitted)

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§ 65b (omitted)

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§ 65c (omitted)

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§ 65d Transmission of data

(1) The institution of social assistance and the agency for work shall, on request, make available to the competent service provider the documents relating to the provision of benefits for persons who provide basic insurance for jobseekers (2) The Federal Agency shall reimburse the institutions of the social assistance for the material costs which are to be reimbursed to them by means of the following: Access to documents is made available; a lump-sum is permitted. Unofficial table of contents

Section 65e Transitional arrangements for offsetting

The competent institution of the services provided for in this book may, with the consent of the institution of the social assistance, be entitled to claim against the person entitled to benefit with cash benefits in accordance with the conditions laid down in § 43 (2), (3) and (3). Set the rate of 4 set 1. The offsetting for a claim in the first sentence shall be limited to the first two years of service provision according to this book. Unofficial table of contents

Section 66 Legal changes in the case of benefits for inclusion in work

(1) If this Code is amended, unless otherwise specified, the provisions of the provisions in force before the date of entry into force of the amendment shall apply to benefits for inclusion in the work up to the end of the benefits or of the measure. To continue to apply if prior to this day

1.

the claim has been made,

2.

the performance has been awarded or

3.

the measure has commenced if the performance has been requested up to the start of the measure.

(2) If a benefit has been granted for a limited period only, an extension shall be based on the provisions in force at the time of the decision on the renewal. Unofficial table of contents

Section 67 Free-amount re-regulation act

§ § 11 and 30 in the version valid up to 30 September 2005 are to continue to apply for periods of approval (Section 41 (1) sentence 4), which is before the 1. October 2005, but at the latest until the start of a gainful employment. Unofficial table of contents

Section 68 Law amending the Second Book of the Social Code and other laws

(1) Articles 7, 9, 11 and 20 (1), (3) and (4) in the version valid until 30 June 2006 shall continue to apply for periods of approval (Section 41 (1) sentence 4), which commend before 1 July 2006. (2) § 22 (2a) sentence 1 shall not apply to persons, which no longer belong to the household of the parents or of a parent on 17 February 2006. Unofficial table of contents

Section 69 Law on the further development of basic insurance for jobseekers

(1) § 28 (1) sentence 3, point 2, in the version valid until 31 July 2006, is to continue to apply for periods of approval which begin before 1 August 2006. (2) § 31 (3) sentence 1 and 2 shall apply with the proviso that breaches of duty before the 1 January 2007 shall not be taken into account. Unofficial table of contents

Section 70 Transitional legislation on the law implementing the European Union's directives on the residence and asylum of the European Union

For foreigners who are entitled to a residence permit pursuant to Section 104a (1) sentence 1 of the Residence Act, on 1 March 2007, they were entitled to benefit under Article 1 (1) of the Asylum Seekers Benefits Act and have received benefits in kind, may be determined by Land Law that it will continue to receive benefits in kind in accordance with the provisions of the Asylum Seekers Benefits Act of the Land. To this extent, these persons do not receive any benefits in order to secure the living according to this book. Unofficial table of contents

§ 71 (omitted)

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Section 72 Seventh Law amending the Third Book of the Social Code and other Laws

By way of derogation from the first sentence of Article 11 (1), unemployment benefit paid to eligible beneficiaries shall not be taken into account as income, insofar as it is provided for a period of time in which they and the persons with whom they are entitled, pursuant to § § 440 of the Third Book they have received benefits under this book from persons living in the community without taking account of the unemployment benefit. Unofficial table of contents

Section 73 Law on the reorientation of labour market policy instruments

Section 28 (1), third sentence, point 4, in the version valid until 31 December 2008, is to continue to apply for periods of approval which commend before 1 January 2009. Unofficial table of contents

Section 74 (omitted)

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§ 75 Act for the further development of the organization of the basic insurance for job-seekers-applicability of § 6a (7), § 44d and § 51b

(1) § 51b (1) to (3a) in the version valid until 10 August 2010 shall continue to be applied in place of the first sentence of Article 51b (1) and the second subparagraph of Article 51b (1), as long as the Federal Ministry of Labour and Social Affairs does not have a legal regulation pursuant to § 51b (1) sentence 2 (2) By way of derogation from § 6a (7) sentence 3, the application pursuant to § 6a (7) sentence 1 may be made in the year 2010 to 1 September with effect from 1 January 2011. (3) The Managing Director or the managing director of a working group in accordance with § 44b in the version valid until 31 December 2010, the tasks of the management shall be taken into account in the Joint institution until the end of the current term of office. Article 44d, paragraph 2, sentence 7 shall remain unaffected. If the term of office of the managing director or the managing director of a working group ends in accordance with section 44b in the version in force until 31 December 2010 before the establishment of the joint establishment, or shall expire its term of office in accordance with the first sentence of paragraph 1, before the General Assembly has appointed a new Managing Director or a new Managing Director in accordance with Section 44c (2), second sentence, number 1, the appointing body shall appoint the previous Managing Director or the previous Managing Director to appoint a new Managing Director Director of the Commissary, or a commissary managing director, who or who leads the business until the carrier assembly has appointed a managing director or a managing director. Unofficial table of contents

Section 76 Law on the further development of the organization of the basic insurance for jobseekers

(1) By way of derogation from Section 44b (1), the tasks according to this book may be performed separately until 31 December 2011 if no working group has passed in accordance with Section 44b on 31 March 2010 in the area of a municipal institution. With the formation of a joint institution, a second sentence of Article 44g (1) (2) is assigned. (2) In the territory of a municipal institution according to § 6 (1) sentence 1, point 2, more than one working group according to § 44b in der bis zum 31. In the event of a change of sponsorship or organizational form, the competent authority of the competent authority shall be responsible for the formation of more than one common institution. (3) In the event of change of sponsorship or of the form of organization, the competent authority shall be responsible for the The institution or the organisation responsible shall replace the previous institution or the previous institution Organisational form; this also applies to ongoing administrative and judicial proceedings. The institutions shall communicate all the facts necessary for the preparation of a change in the form of organisation. They should also submit the social data required for this purpose in an automated and standardised form. (4) In a working group according to § 44b in the version in force until 31 December 2010, there is a staff member or Works council, from the point in time to which officials and employees are assigned activities in a common facility, takes up the tasks of the Staff Committee as a transitional staff council until the constitution of a new Staff Committee in accordance with the provisions of the Federal Personalization Act, but at the latest, however, until 30 June 2012. The first sentence shall apply to the representation of young people and trainees as well as to the representation of the disabled. (5) In a working group according to § 44b, in the version valid until 31 December 2010, service or operating agreements shall be established, shall continue until a new arrangement for the respective joint entity as service agreements, but at the latest until 30 June 2012. (6) By way of derogation from § 44g (2), the Executive Director shall not require the consent of the Executive Director or the Managing director, in so far as a joint institution is responsible for the initiative of a carrier Persons employed by third parties who, until the day before the formation of a joint institution in a working group according to § 44b in the version in force until 31 December 2010, or in agencies for work and municipalities, are assigned tasks after of this book. Unofficial table of contents

§ 77 Act for the determination of rule requirements and the amendment of the Second and Twelfth Book of Social Code

(1) Paragraph 7 (4a) in the version valid until 31 December 2010 shall continue to apply until the entry into force of a regulation pursuant to Article 13 (3). (2) By 31 December 2011, by way of derogation from Article 11a (3), second sentence, point 2, the benefits shall be: in accordance with § 23 of the Eighth Book as Income

1.

not for the first and second foster children,

2.

for the third foster child, 75 percent, and

3.

for the fourth and every other foster child.

(3) § 30 in the version valid until 31 December 2010 is to continue to apply for income from gainful employment, which flows in the period from 1 January 2011 to 31 March 2011, and shall continue to apply for approval periods instead of Section 11b (3). (§ 41 sentence 4), which start before 1 July 2011, but at the latest until the start of an employment as from 1 July 2011. (4) For the rules requirements pursuant to § 20 (2), second sentence, number 1 and section 23 (1), the amounts shall be replaced by the following points:

1.

Article 20 (2), second sentence, point 1, the amount of 287 euro,

2.

Section 23 (1) for persons entitled to benefit, until the end of the sixth year of life, the amount of EUR 215,

3.

Section 23 (1) for persons entitled to benefit from the beginning of the seventh to the completion of the 14th Year of life the amount of 251 Euro,

4.

Section 23 (1) for beneficiaries in the 15. Year of life the amount of 287 euro,

as long as the continuation of the amounts pursuant to Article 20 (2), second sentence, number 1 and section 23 (1) in accordance with § 20, paragraph 5, in each case does not result in a higher amount. (5) § 21 is to be applied until 31 December 2011 with the proviso that amounts that are not full (6) Insofar as services have been fixed without taking into account the actual expenditure on the production of hot water, because they have been fixed in accordance with the rules of the § § 20 and 28 in the version valid up to 31 December 2010 with the regal performance to secure the The administrative act, even after it has become indisputable, is the administrative act, even after it has become indisputable, to take back and provide the repayment by the end of one month after the end of the approval period. (7) The need in accordance with § 28 (3) will be recognized for the first time as of August 1, 2011. (8) If services are requested retroactively for the period from 1 January to 31 May 2011 until 30 June 2011, the application shall apply retroactively for the period from 1 January to 31 May 2011, this application shall apply by way of derogation from Article 37 (2). Sentence 2 as of 1 January 2011. (9) In the cases referred to in paragraph 8, services shall be provided for the needs of Section 28 (2), first sentence, point 1, second sentence and paragraph 5, for the period from 1 January to 31 May 2011, by way of derogation from the first sentence of Article 29 (1), to be provided by direct payment to the supplier if the person entitled to benefits does not yet have any expenses to cover these needs. In so far as the person entitled to benefits proves in the cases referred to in paragraph 8 that it has already incurred expenses to cover the requirements referred to in the first sentence, such expenses shall, by way of derogation from the first sentence of Article 29 (1), be provided by cash payment. (10) On class trips within the framework of the school law provisions in which pupils have participated in the period from 1 January to 29 March 2011, § 23 (3) sentence 1, point 3 and sentence 2 to 4 in the version valid until 31 December 2010 instead of the third sentence of § 19 (3) and the § § § 19 (3) (11) For pupils who attend a school where a joint lunch is offered in school responsibility, as well as for children, for which day care is provided or if you are visiting a day facility where a joint lunch is offered, the resulting additional expenses will be € 26 for the period from 1 January to 31 March 2011, by way of derogation from § 28 (6). . For beneficiaries up to the completion of the 18. For the period from 1 January to 31 March 2011, expenses for participation in social and cultural life have been incurred for the period from 1 January to 31 March 2011. By way of derogation from § 28 (7), 10 euros per month shall be taken into account as required. Notwithstanding the first sentence of Article 29 (1), the requirements to be taken into account in the period from 1 January to 31 March 2011 in accordance with the first and second sentences of 1 January 2011 shall be covered by cash benefits, which shall be applied in the period from 1 April to 31 May 2011, in accordance with the first and second sentences of 1 April 2011. In the cases referred to in paragraph 8, in derogation from the first sentence of Article 29 (1), requirements may also be covered by cash payment. Until 31 December 2013, § 28 (6) sentence 2 shall apply, with the proviso that the additional expenses shall also be taken into account when pupils take the lunch in a facility according to § 22 of the Eighth Book. (12) § 31 in the bis zum zum § 40 (1) sentence 2 is not applicable to applications pursuant to § 44 of the Tenth Book, which was filed before 1 April 2011. (14) § 41 (2) sentence 2 shall be applied until 31 December 2011 with the proviso that, in the case of a Two decimal positions to be used to calculate further decimals.

Footnote

Section 77 (4) (1) and 2 iVm § 20 para. 1 sentence 1 and 2 SGB 2 u. § 28a SGB 12 in each case idF d. G v. 24.3.2011 I 453: In accordance with the reasons laid down in Article 1 (1) iVm Article 20 (1) of the GG, it is compatible with the provisions of Article 1 (1) of the BVerfGE v. 23.7.2014 I 1581-1 BvL 10/2012 u.a. Unofficial table of contents

Section 78 Law on the improvement of the integration opportunities in the labour market

In the determination of the maximum allocation according to § 16d (6), no account shall be taken of allocation periods which are due to be taken before 1 April 2012. Unofficial table of contents

Section 79 Aly Act amending the Second Book of the Social Code-Supplement to the provisions of personal law

(1) In accordance with § 40a, has a compulsory social security institution in the period of 31 December 2008. (2) The statutory allocation of activities in the joint institutions, shall not be granted until 5 June 2014, in the absence of knowledge of the obligation to grant the refund. in accordance with § 44g (1) of 1 January 2011 in the version valid until 31 December 2014, shall continue until the end of the five-year period of the initial assignment. A subsequent assignment of activities in the joint bodies, which has been carried out in accordance with Section 44g (2) in the version valid until 31 December 2014, shall continue.