It sounds like a power word of Hubertus Heil (SPD): "The Labor Minister rules out that in the future, more than 30 percent may be sanctioned within a month," said the Federal Ministry of Labor on Wednesday morning scarce. This will be done later this week a directive. You can hardly formulate it more clearly. And yet, some things remain unclear.
For example, what the Ministry means by "misunderstandings" in the public debate that it is now trying to dispel. Because the draft of the Ministry of Labor for a directive to the job center, which the unemployed club Tacheles has now published, is actually not to be misunderstood. If, in addition to a sanction for a breach of duty, a sanction is imposed for a failure to report, the reductions will be "added in overlapping months". In short: then Hartz IV recipients should be cut in the future 40, 50 or more percent of the rule rate - depending on how many failures of registration come together.
Attached is even a calculation example, in which the valid only from January 2020 standard rate of 432 euros for singles is used - and in which the cut adds up to 40 percent: "Sanctions of 30 percent (due to rejection job offer) and 10 percent (because of Reporting shortfall) of the standard requirement of 432.00 EUR result in the following reductions: 129.60 EUR + 43.20 EUR = 172.80 EUR. "
Constitutional Court judges left the question unanswered
For many observers, this reads like a violation of the judgment of the Federal Constitutional Court. That had decided that sanctions of 60 or even 100 percent, as previously provided for in repeated breaches of duty, in this form violate the Basic Law - sanctions of 30 percent but still be compatible with him. Many concluded that Hartz IV receivers may never be cut more than 30 percent of the standard rate in the future.
In reality, the constitutional judges had not decided that. In the ruling, they explicitly point out, in two places, that it does not refer to cases where a "different benefit reduction" coincides with penalties, thereby cutting more than 30 percent of the standard rate. This "other benefit reduction" can just arise from a ten-percent penalty because of a failure to report - if a Hartz IV recipient so does not notice an appointment with the job center.
The constitutional court judges therefore explicitly left this question open - but at the same time their massive concerns about cuts of more than 30 percent of the subsistence level run like a thread through the verdict. Accordingly, it was eagerly awaited as the Ministry of Labor wants to handle these cases in the future. The draft shows that the plan was for a legally permissible but quite strict interpretation.
No overkill penalties for young Hartz IV recipients anymore
The Ministry of Labor confirmed to SPIEGEL on request that it was a draft of the Ministry. In practice, draft guidelines are drafted, in which the Federal Employment Agency, the Ministry of Labor, the federal states and local umbrella organizations essentially coordinate their content. In the subsequent consultation process between the parties, however, there are always changes to the drafts.
In this way, the Labor Ministry will now change the draft again - and in fact rule out sanctions of more than 30 percent in general. Instead, sanctions should take effect in future, according to the ministry. Therefore, if 30 percent is cut due to a breach of duty and at the same time a failure to report, the proposed reduction of ten percent will be made following the 30 percent sanction.
The excitement about possible reductions of more than 30 percent overshadows further contents of the draft directive - even those that interpret the constitutional court judgment in favor of the Hartz IV recipients. In the future, adolescent recipients, ie those under the age of 25, will be treated as adults in sanctions. So far, adolescents have already been cut completely at the first breach of duty rule set - and in another infringement within a year they were not even paid the housing costs and health insurance.
These tightened sanctions for young people will therefore no longer exist in the future - although the judgment of the Constitutional Court expressly did not include this.
Sanctions in Hartz IV after the judgment of the constitutional court
reporting failures
The Federal Constitutional Court has not passed a ruling on failure to report, the regulations continue to apply
A failure to register is usually that a Hartz IV recipient simply does not appear for an appointment at the Job Center - and for no "important reason" can prove.
In this case, Hartz IV will be cut by ten percent of the regular requirement for three months. Specifically, a single so so long with 42.40 euros less per month to get along, as the rule requirement for him is 424 euros. Since each individual failure to report leads to a reduction of ten percent over three months, it is quite possible that the cuts will add up - that is, 20, 30 or more percent of the regular requirement will be deducted.
Breach of duty - partly unconstitutional
These regulations have been partially rejected by the Constitutional Court.
A breach of duty is, for example, if a Hartz IV recipient without a "good cause" declines a reasonable job or behaves in the interview so that he does not get the job. Similarly, if he can not prove to have written enough applications , or a so-called action - ie training or training - refuses or breaks off . There are a few more breaches of duty, which are very rare according to statistics.
Breaches of duty are punished much harder than failure to report: Hartz IV is reduced for three months by 30 percent of the standard requirement for the first violation , in a single so by 127.20 euros. If it comes within a year to a second dereliction of duty , was reduced by November 2019 by 60 percent , ie by 254.40 euros. In the third dereliction of duty within a year, it was until then quite thick, namely to Vollsanktionierung : Then the entitlement to Hartz IV went completely - that is, there was no cent more from the Job Center , the housing and heating costs were also no longer paid , as well the health insurance .
According to the judgment of the constitutional judge , this is no longer possible: even with repeated offenses, the standard rate may not be reduced by more than 30 percent.
Stricter sanctions for young people
Much harder until November 2019 were the regulations for Hartz IV recipients under 25 years . With them, the job center already cut 100 percent of the standard rate at the first violation of duty . In a second dereliction of duty within a year followed the full sanction : Then the entitlement to Hartz IV went completely - that is, there was no cent more from the job center , the housing and heating costs were also no longer paid, as well as the health insurance .
The judgment of the Constitutional Court expressly did not deal with the more stringent sanctions on juveniles. Nevertheless, the Federal Employment Agency (BA) does not impose this policy any more, but treats it under 25 years old almost the same way.
Benefits in kind as a substitute
If it imposes sanctions, the Jobcenter can grant benefits in kind, ie, in the main, vouchers for food or hygiene products . However, this is never a complete substitute for the reduced amount of money: Benefits in kind can only be granted from a reduction of more than 30 per cent - and at most enough to reach the level of a 30 per cent reduction , but at least half of the standard rate , In addition, they are only available on request - and even then the job center discretionary will decide whether to grant them.
An exception are households in which children live. In this case , the job center must provide the benefits in kind - without request and discretion .
In addition, the job center with cuts of 60 percent and more usually transfers the rent directly to the landlord and the heating costs directly to the provider. This is to prevent Hartz IV recipients from losing their apartment because they no longer pay the rent in order to spend the money provided for their daily needs.
duration
These regulations have been partially rejected by the Constitutional Court.
The law provides for a rigid duration of sanctions of three months . Even if the Hartz IV beneficiary changed his behavior , the sanction was not lifted or lowered until November 2019.
This has been rejected by the Constitutional Court judges: sanctions must be able to be terminated when the Hartz IV recipient subsequently fulfills his duty to cooperate - or "seriously and sustainably" agrees to do so in the future. From then on, the sanctions should be lifted after a maximum of one month.
Multiple sanctions
The Federal Constitutional Court has not ruled on multiple sanctions
If both sanctions for breaches of duty and failure to report are effective during the same period , they are simply added up . There is no way to impose the sanctions on a timely basis instead. For example, a Hartz IV beneficiary is sanctioned for a breach of duty for the period from February to April with a reduction of 30%, and a reduction of 10% for a period from March to May due to a failure to report. Then he gets in the two overlapping months of March and April a 40 per cent (30 plus 10) reduced unemployment benefit II.
