Hartz IV Naturopaths refused retraining

Hartz IV Naturopaths refused retraining / Health News

Hartz IV recipients are not entitled to take over the costs of a naturopathic retraining / training.

(05.11.2010) According to a ruling of the Landessozialgericht Nordrhein-Westfalen, Hartz IV recipients are not entitled to a retraining as Psychological Advisor at a training center for alternative practitioners. In the opinion of the social judges, there are no chances of integration after the completion of the measure. In addition, the training was not „approved by the State“.

In the present case, the plaintiff had received the benefits under SGB II (Hartz4), and had received further training from her competent authority §§ 16 para. 1 SGB II i. V. m. § 77 para. 1 sentence 1 SGB III. The authority refused the reimbursement with the reference that retraining as a psychological counselor at a naturopathic school would not provide opportunities for professional integration. The person concerned complained about this.

The State Social Court of North Rhine-Westphalia followed the arguments of the Hartz IV authority. The verdict stated that the participation of a training measure must be in accordance with § 77 para. 1 sentence 1 no. 1 SGB III be necessary to professionally integrate employees into unemployment. Continuing education must expect that the chances of integration after the measure are considerably better than before. That was not the case in this case.

However, support under this provision is also excluded because the measure is not a vocational training measure. P. V. § 77 SGB III acts. It is more of an education. Such is only under the conditions of §§ 59, 60 SGB III eligible. Corresponding requirements would not apply in the view of the regional judges. An education (after § 60 Abs. 1 SGB III) is only promoted if this according to the Vocational Training Act, the craft code or the Seemannsgesetz state-recognized training occupation is carried out operationally or externally. At the job „Psychological Advisor“ at a Heilpraktikerschule it is not a state-recognized training, the judges. Judgment: Reference: L 9 AS 64/08. (Sb)

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