High heating costs can quickly overwhelm households, especially if they arise all at once. A ruling by the Federal Social Court shows: The job center even has to cover four-figure amounts if it comes to that.

In this specific case it was a family of five from Saxony. The parents worked, but only barely earned money above the then Hartz IV level. When they had to buy heating material in September 2014, the costs came to a total of 1385.23 euros together.

The problem: The income was not enough that month and the family found itself in need of help at short notice.

Job center rejects – family goes to court

The job center initially rejected the request to cover costs. The reason:
The heating costs should be spread over the whole year so that the family can cover them themselves.

But the family sued – and were right: That Chemnitz Social Court spoke to the family 1015.40 euros to (file number S 5 AS 429/14), that State Social Court of Saxony confirmed the verdict. In the end, that too decided Federal Social Court in favor of the family (file number B 14 AS 20/18 R).

Crucial point: The “monthly principle”

The court made it clear: heating costs count not the year, but the month in which the bill occurs.

• Heating costs are Accommodation costs (§ 22 SGB II)
• also one-off expenses to count
• they have to be taken into account in full in the month in which they are due

The court formulated the following: Expenses for heating material are to be recognized in the actual amount in the month due, even if they are intended to last for several months.

Also possible without ongoing receipt of citizen’s benefit

Particularly important: the family moved in not permanent benefits. Nevertheless, the court decided: A claim also exists if households only need help in a single month

• no permanent receipt of citizen’s benefit necessary
• no obligation to “save” costs
• no distribution over several months is permitted

Those affected can rely on this if:

Then the following applies: The job center has to cover the costs take over in full, even if they are over 1000 euros.

A typical mistake made by many job centers

Authorities keep trying:

• costs 12 months to apply
• those affected Personal provision or savings to refer

That’s according to the court not permitted. Because: Social law follows the clear principle that specific needs in the respective month is crucial.