No additional requirements Hartz IV should be sufficient even with lactose intolerance

LSG Mainz judged: No claim to additional nutritional needs
(Jur). Hartz IV recipients with a lactose intolerance must get along with the regular unemployment benefit II rate. Even if they have to feed themselves lactose-free, there is no health-related need for a costly diet connected with a healthy, decided the Regional Social Court (LSG) Rhineland-Palatinate in Mainz in a judgment on Wednesday, 11 May 2016, announced judgment (Az. L 6 AS 403/14).

A Hartz IV beneficiary, who had diabetes and a milk sugar intolerance, the so-called lactose intolerance, had sued. At his job center, he stated that he had to completely avoid foods containing milk sugar. This would increase his nutritional costs. He would therefore have to be granted an additional requirement and thus higher Hartz IV benefits.

No additional need for Hartz IV recipients with lactose intolerance. Image: absolutimages - fotolia

The LSG rejected this in its judgment of 16 March 2016. The Mainz judges relied on a report from a nutritionist. Thereafter, a balanced diet is cost-neutral and possible with the use of natural foods. The regular unemployment benefit II is sufficient. According to the calculations of the expert, the plaintiff in a diet with fresh products "still have enough room for food-related personal preferences," the LSG ruled.

Although the Federal Social Court (BSG) had decided in Kassel on February 14, 2013 that a Hartz IV additional need for lactose intolerance is conceivable in principle, if corresponding additional costs have been proven (Az .: B 14 AS 48/12 R, JurAgentur message from Urteilstag). In any case, according to the report commissioned by the LSG Mainz, such additional costs do not usually arise.

Also based on a nutritional report, the LSG Mainz had in its ruling of 12 March 2013 that no lactose-free vegetarian diet would result in any significant additional costs (ref .: L 6 AS 29/10, JurAgentur report dated 6 June 2013). On May 28, 2015, the LSG Saxony-Anhalt in Halle on the Saale had dismissed a claim for additional Hartz IV need for lactose intolerance (Az .: L 5 AS 570/13). (Fle / mwo)