Are property owners entitled to Harzt IV benefits? This depends on the size of the property and the number of residents, as the Federal Constitutional Court (BVerfG) has now ruled (1 BvL 12/20). According to the BVerfG, "public funds intended to help members of the public who are in need [should] only be used in cases where there is a current need".
In this case, a woman applied for basic income support. She lived with her husband and six children in a house measuring around 140 square meters. The last child moved out nine years ago. The Jobcenter rejected the application for basic income support. The reason for this was that the claimant's husband owned a house and therefore had assets that exceeded the relevant tax-free amount for the claimant and him. Rightly so, as the BVerfG found. After all, a maximum house size of 90 square meters was appropriate for two people.
The BVerfG points out that owner-occupied residential property is only protected when receiving basic security benefits if it is of a "reasonable size". The BVerfG therefore does not follow the social court's argument that parents are worse off because they had to care for children in the past and had more living space available for them. "[...] The persons concerned are not being denied benefits that they need to secure their livelihood. This is because they have residential property that they can use to secure their own needs." In this case, this means that the family would have to sell their house before basic security benefits can be drawn.
Sources: bundesverfassungsgericht.de/tagesschau.de
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