How is the rule requirement determined?
According to § 20 SGB II, the standard services of the cost carriers are based on individual requirements for life support, which are calculated by the Federal Statistical Office by means of a special price index by means of the annual update of the standard requirement levels. This index only takes into account the price development of goods and services relevant to the supply chain. As a so-called “mixed index”, it consists of 70 percent of the price-related price development and 30 percent of net sales. In its decision on the 9th of September 2014, the Federal Constitutional Court recognized and confirmed this mechanism for determining needs. The Federal Ministry of Labor and Social Affairs (Bundesamt für Arbeit und Soziales – BMAS) publishes the amount of the regular requirements for the following calendar year according to the amount resulting from a requirement of the Ordinance on the requirements of the Ordinance.
The requirements are adjusted as of January 1st of each year according to § 28a of the twelfth book in conjunction with the regulation pursuant to § 40 sentence 1 number 1 of the twelfth book. Section 28 of the Twelfth Book in conjunction with the Ordinance Requirement for the Determination of Appeals applies correspondingly to the new determination of the requirements of the law. The Federal Ministry of Labor and Social Affairs shall publish in the Federal Gazette, at the latest by 1 November of each calendar year, the amount of the regular requirements applicable for the following calendar year.