No lactose intolerance - Hartz IV-more needs

Lactose intolerance Hartz IV-Additional need not for vegetarians

06/10/2013

More and more people are suffering from food intolerance. They are allergic to certain foods. While normal earners and well-off can realize a conversion to more compatible products with often increased costs, recipients of Hartz IV or social assistance have the disadvantage. For food lawmakers just barely 140 euros before. For this reason, a person complained about the granting of additional needs due to costly diet. However, the Landessozialgericht Rheinland-Pfalz did not follow the plaintiff's line of argument but dismissed the case at the hearing.

In principle, the nutritional rate should cover food needs within the framework of regular services. But who needs a special diet for health reasons, has a claim to an additional need due to the costly diet. The demand is then increased by the specified rates.

For years, the plaintiff has been eating vegetarian food, eating neither meat nor fish nor food containing gelatine, as gelatin contains bone meal. The Hartz IV beneficiary submitted an application for an additional requirement, as medically proven a lactose intolerance was determined. Because he could not drink milk, he had to resort to milk substitutes such as soymilk. However, this is usually more expensive than regular cow's milk. The application was rejected by the Job Center, which is why the person concerned already complains in the second instance.

The court commissioner came to the conclusion that vegetarians already spent less money anyway, because they would buy no meat and no fish. Therefore, the amount will be compensated again. However, only under the consideration that the plaintiff also buys only cheap food.

Based on the opinion of the nutrition expert, the court confirmed the judgment of the lower court (Social Court Koblenz). Hartz IV recipients can not, if they are vegetarians, be fictitious as a non-vegetarian dieter if they have lactose intolerance. Finally, it also comes with the medical excess demand, which costs the plaintiff of its size and the weight has to contribute, if he wants to eat sufficiently healthy and lactose-free. If the plaintiff, for subjective reasons, requires certain foods, this is irrelevant when calculating the Hartz IV rate, according to the judges. (Sb)