Problem
SGB XII §43 Abs. 1 establishes an income and wealth presumption (Unterhaltsvermutung) for persons living in the same household as the applicant. If the applicant lives with a spouse/partner or first-degree relatives, it is presumed that they receive support from these household members. However, the applicant can rebut this.
This means the income test can extend beyond the Sozialhilfegemeinschaft to the broader household. As a consequence, the correct grouping for Grundsicherung im Alter is unclear — we may use the wrong grouping (sg vs. hh) depending on the household composition. This is similar to the Kinderwohngeld problem (#750).
Not implemented.
References
Related issues
Problem
SGB XII §43 Abs. 1 establishes an income and wealth presumption (Unterhaltsvermutung) for persons living in the same household as the applicant. If the applicant lives with a spouse/partner or first-degree relatives, it is presumed that they receive support from these household members. However, the applicant can rebut this.
This means the income test can extend beyond the Sozialhilfegemeinschaft to the broader household. As a consequence, the correct grouping for Grundsicherung im Alter is unclear — we may use the wrong grouping (sg vs. hh) depending on the household composition. This is similar to the Kinderwohngeld problem (#750).
Not implemented.
References
Related issues