Reading Time Minute
Due to the special event of imprisonment and the associated loss of property, those entitled to citizen’s allowance are entitled to an initial supply of clothing (Section 24 Paragraph 3 No. 2 SGB II).
In principle, the job center is free to provide the initial clothing supply as a benefit in kind or as a cash benefit, also in the form of a lump sum, see Section 24 Paragraph 3 Sentence 5 SGB II.
However, the court could not see that the flat rate granted was too low. A deviation from the flat rate could not be made on the basis of the plaintiff’s statement that he needed special clothing for rheumatism and clothing made of merino/new wool to protect him from the cold.
Rather, a deviation from the flat rate should only be considered if there is a specific need.
However, the beneficiary must prove this need.
Here, the plaintiff would have had to explain what clothing needs he had been able to cover with the amount approved so far and how, and what (reasonable) clothing needs were still outstanding. This has not yet happened, despite being asked to do so by the court.
Decided by the LSG BW, decision of 20.12.2023 – L 2 AS 1794/22 –
Note by Detlef Brock
Here, the person in need of assistance was granted 500.00 euros. He requested special rheumatic clothing without providing any proof.
Practical tip: Initial clothing supplies even in the event of weight gain or weight loss while receiving citizen’s allowance/welfare assistance
Detlef Brock is an editor at Gegen-Hartz.de and at the social association Tacheles eV. He is known from the social ticker and later from the Tacheles forum under the name “Willi2”. He creates the legal ticker at Tacheles once a week. He has been acquiring his knowledge of social law autodidactically for 17 years now.
