The so-called community of needs is a concept of social assistance and describes one or more people of a household, whereby at least one member is eligible and entitled to benefits under SGB II.
The number of members, the income and assets of each individual of the community, have an impact on the benefits calculation for Hartz IV recipients. According to SGB II, people between the age of 15 and the retirement age of 65 are considered eligible. People who are not fit for the foreseeable future due to illness or disability, as well as for children under the age of 15, receive benefits in the form of social money because they are not available to the labor market.
When is there a community of needs?
In the case of a community of needs, in contrast to a housing association, the members are assumed to support the budget and mutually support each other economically. A common budgetary management is thus required. The application must mention the number of people who live in the common household. Beneficiaries who have lived in a household for at least one year with a partner, a common child or family or have powers over their income or wealth, are presumed to have a community of need. If this presumption is not true, the applicant must provide proof of this.
In principle, the legislature does not see any obligation to keep unmarried persons. It is not immediately assumed that residents support each other. Moreover, the period of presumption from one year to the next is not regulated by law. It is therefore necessary to defend against an unjustified presumption and to lodge a claim against the decision.
In the case of the community of needs, it is assumed that the eligible person is entitled to apply and receive benefits for the other members.
Who is part of the community?
The following individuals are included in the community of needs as required by the SGB II:
- The eligible person with a capacity to perform (applicant);
- A partner of non-permanently separated spouses or registered partners;
- A partner in a marriage-like life community. The prerequisite is that the partners live in the common household (housing and economic community) and there is a reciprocal desire between the partners to take responsibility and stand for each other. In certain constellations, this willingness is suspected, e.g. If partners have already lived together for more than a year;
- Household unmarried children under the age of 25 (unless the child has sufficient income or assets of his own);
- The parents or the parent of an unmarried, active, under 25-year-old child, when living together in a household. The partner of the parent living in the same household also belongs to the community of needs.
Who is not part of the community?
- Children over 25 years
- Children up to 25 years
- Who provide for their own children
- Who are married or live in a community of responsibility
- Who can cover their livelihood from their own income or wealth
- Permanently separated (spouse) partners
- Grandparents and grandchildren
- Nursing children and nurses
- Siblings (living together without parents)
- Uncles and aunts / nieces and nephews
- Cousins and other relatives
- Members of a residential community
However, these persons can form needs groups with other persons, so that several needs can exist in one household.
Crediting on demand
If there is a demand grouping between several individuals, this has an effect on the individual performance requirements. These have an influence on the requirements calculation:
- The relevant rule requirement of the individual person,
- The appropriate (reasonable) needs of the accommodation and heating and
- The recognition of income and assets of other members of the community of needs.
The income and assets of individual members of the Community of Needs are also taken into account by the other members of the Community of Needs. Thus, if an adult member has income or assets, he must support the members of his community of needs. Excluded from this rule is the income and assets of children, which as a rule only cover the child’s needs.
Regulatory requirement for joint ventures
Outgoing of two eligible people of a need community, the amount of the regular requirement amounts to 368 €, ie 736 € (90% per person, out of the maximum rule requirement of 409 €). The standard requirement of children of a community of needs is not reduced and amounts to:
- 0 to 6 years: 237 euros
- 6 to under 14 years: 291 euros
- 14 to under 18 years: 311 Euro.
Claim for additional requirements
Each member of the community of need is entitled to all Hartz IV supplementary requirements, provided that the conditions for entitlement to such benefits are met. The additional demand for decentralized water supply is paid pro rata per capita.
What is a mixed community of needs?
A mixed community of needs is when at least one person is in need of community benefits in accordance with the Social Code II, ie Hartz IV benefits, whereas the other is not viable and thus, receives social money under SGB XII.
The services required for the necessary livelihoods are largely the same, but there are also differences in special requirements and voluntary allowances. In addition, the individual benefits are to be applied for at different offices:
- The ARGE or the job center is responsible for Hartz IV
- The social services of the municipality are responsible for social assistance.
What is a temporary community of needs?
A so-called “temporary community of needs” occurs when children live regularly and temporarily in separated households, but do not live permanently. This gives the child a day-long claim.