For a severely handicapped person who receives services as a job seeker according to the Social Code (SGB II), compensation in the amount of EUR 16,700 had been awarded in several labor court proceedings for breach of the principle of non-discrimination under the General Equal Treatment Act (AGG). He had applied to a number of public bodies, with his severely handicapped status not being properly taken into account.
The Jobcenter considered these payments as eligible income when calculating the ALG II benefits to be paid. The severely handicapped, on the other hand, was involved in proceedings for interim relief. The Landessozialgericht made it right: It classified the payments as non-invoicing compensation for non-assets as a result of disregarding the rights as severely handicapped persons in the application procedure. The Social Court agreed in the main proceedings.
The Jobcenter introduced jump revision. The Bundessozialgericht (B14 AS 164) remitted the procedure to the lower court, which has to determine whether the payments received have actually been paid as compensation for discrimination. They would have to be taken into account under the ALG II services.
No comments:
Post a Comment