The Landesozialgericht Niedersachsen-Bremen (LSG) has decided: If an inheritance transfers its assets too quickly, it may not retain the Grundsicherung achievements of the job center. The reason given by the LSG is that in this case a recipient himself causes his need for assistance "at a disproven cost to the community of solidarity". The waste of an inheritance is contrary to social standards.
In the case, a man had inherited in 2011 from his uncle real estate worth 120,000 euros and money and securities assets in the amount of 80,000 euros. The money was spent by the 51-year-old within two years and applied for basic security from 2013 onwards.
The job center demanded the money later. The reason: The man had wasted the inherited fortune and thereby brought about his need for help.
The man justified himself with a supposed alcoholic disease. He had spent most of the day in restaurants and was not consistently able to "conduct his behavior according to the situation".
The court confirmed the legal opinion of the job center: the plaintiff would have been able to make a living for up to seven years and seven months from the assets available to him, provided the expenditure was appropriate. He used up the money within two years.
Such a spending behavior is grossly negligent. It runs counter to the principle of self-responsibility. Since the plaintiff did not want to work, it should have been clear to him that his behavior would in a short time again depend on state benefits.
Reference: L 13 AS 111/17