KASSEL / LONDON (IT BOLTWISE) – The Federal Social Court has decided that the amount of unemployment benefit II in 2022 was not unconstitutional despite significant price increases. Plaintiffs from various federal states had demanded more standard benefits, but failed in all instances. The one-off payment of 200 euros in July 2022 was also assessed as sufficient to cover the increased need.
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In a landmark decision, the Federal Social Court in Kassel confirmed the amount of unemployment benefit II for 2022 as constitutional. This decision affects numerous plaintiffs from various federal states who had demanded an increase in standard benefits in view of the rising cost of living during the corona pandemic and after the Russian attack on Ukraine.
The plaintiffs argued that the price increases in 2022 far exceeded the adjustment of standard services by just 0.76 percent at the beginning of the year. In fact, prices relevant to standard requirements rose by around 12 percent over the course of the year. Nevertheless, the Kassel judges did not see any violation of the fundamental right to guarantee a humane minimum subsistence level.
The one-off payment of 200 euros, which was paid out in July 2022 to recipients of social assistance, unemployment benefit II and basic security, was particularly controversial. The plaintiffs considered this measure to be insufficient to meet the increased demand caused by the price increases. However, the court found that the legislature had responded appropriately to the economic challenges with this payment and the increase in standard requirements in the second half of 2022.
The Federal Social Court’s decision underlines the complexity of the social security systems in Germany and the challenges associated with adapting to economic changes. While the plaintiffs had already failed in the lower courts, the judgment shows the limits of the legal options for taking short-term economic fluctuations into account in social legislation.
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