Hartz 4: marriage-like community
The granting of social benefits is in most cases dependent on a proven need. If an unemployed person lives in a community of needs, the benefit entitlement at Hartz 4 (unemployment benefit II) is determined together. The means test also applies to cohabiting and same-sex communities.
On the one hand, the Social Security Code (SGB II) contains necessary information on the community of need. On the other hand, explanations are given as to what is to be understood by a marriage-like / same-sex (unregistered) community / partnership.
Marriage-like community in SGB II
Basically, a person belongs to a community of needs if they are together with a Main beneficiary in a household lives and from a community of responsibility and responsibility is to go out. The existence of a living and economic community as in marriage is not important.
- How does the legislature define the "marriage-like community", popularly often called "wild marriage" or "marriage without a marriage certificate"? In SGB II, the following is stated accordingly: “A community of responsibility and commitment can be assumed if the both partners live together for more than 12 months and / or with a child or children / relatives in the household supply."
- It is also suspected when someone has the authority to access the income or assets of the other. Such a community is designed for the long term, with close internal ties. Mutual responsibility can be expected in emergencies and vicissitudes of life.
Means test at Hartz 4
SGB II regulates the determination of the community of responsibility and commitment and their burden of proof.
The term "household community" plays an important role in tax and social law ...
- Those who are unemployed and can earn their living with the help of a third party are not counted among those in need. This means that there is no state support, for example Hartz 4.
- If two adults live together in one apartment, the service provider often assumes a community of needs. Not infrequently, notices are calculated based on suspicion. The beneficiary can refute this presumption by providing appropriate evidence.
- When establishing a community of responsibility and commitment, the service provider must comply with the statements in SGB II. A marriage-like relationship usually does not exist if partners have lived together for less than a year. The jurisprudence assumes a short-term love relationship.
- Against this, the separation of living areas in the shared apartment speaks against maintaining the separation of living areas, the fixed costs of the apartment are borne in half. A community of responsibility and commitment ends with the spatial separation of the partner of a former contribution community.
- A means test at Hartz 4 does not have to be based on whether someone lives together in an apartment. Rather, it depends on the common "coexistence".
As a service recipient, a sublease agreement and proof of rent payments will help you to rebut an official presumption. If necessary, you can get a written affidavit insurance of all apartment members, where the payment for each other is contradicted.
How helpful do you find this article?
