Hartz IV recipients may not be required to care for seniors

In recent times, Hartz IV recipients in elderly care were increasingly committed. It was not about regular social insurance jobs, but about so-called "one-euro jobs". Now a Hartz IV recipient has successfully resisted. According to the platform "Gegen-Hartz.de" he does not have to take the job. For, according to the judges of the Landessozialgericht, mediators have to provide appropriate training or qualification.

Hartz IV recipients may not be obliged by the Job Center to take up a job opportunity for independent child and senior care, provided that they do not have the appropriate vocational training or sufficient experience for these activities. This was decided by the Landessozialgericht (LSG) Rhineland-Palatinate in a decision published on Monday (file reference: L 3 AS 99/15 B ER).

LSG doubts legality of the job center arrangement
In the present case, a man worked until the end of 2004 as a banker. Subsequently, he worked independently as an insurance broker and received social benefits. The job center in Mayen-Koblenz, however, ordered a job opportunity that was not related to one or the other job. The man should work for a company that is entrusted with the care of seniors, children, adolescents and disabled persons. The man appealed against this order of the job center, which the authority dismissed. Even a complaint before the Social Court Koblenz was unsuccessful.

However, the Landessozialgericht Rheinland-Pfalz judged the case in favor of the man and ordered the suspensive effect of his complaint. The judges had considerable doubts about the legality of the administrative act. For the care of the handicapped, seniors and children require professional experience and appropriate prior knowledge, about which the Hartz IV beneficiaries but do not have.

The man is now open the ways of the lawsuit, should the Job Center not take back the order. Also the imposition of a sanction against the Hartz IV-recipient would be unlawful after the decision. (Ag)

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