According to SGB II, those who are threatened with the loss of work because of debts may have a right to reimbursement of costs that result through a debt counseling. According to the ARAG SGB II is also justified the granting of aid to workers if this loss of employment and a possible entry of aid need to be avoided. (LSG NW L 20 SO 54/07)
This latest ruling in the country Nordrhein-Westfalen results from the case in which a 42-year-old, who thanks to the real estate business of her father, who had them made in their name, involves heavy debt. Under the pressure of debt, which led to wage garnishments and threatening termination of the current account, and the hard work in the Accord area took the 42-year-old temporarily the help of a debt claim. For the cost of 225 euros for the advice about 5 hours she had the receipts for reimbursement to the institution of social welfare, and later submitted to the consortium.
The Essenes, although judges rejected the applicant’s right to the assistance institutions, as the applicant is working and therefore there is no entitlement to welfare benefits. Compared to the consortium, the judges, however, saw a potential liability for the debt to prevent a given – with reference to the SGB II with its targets and basic ideas.
As part of the SGB II, the granting of aid via the consortium was provided also still employed, thus avoiding the loss of work and the subsequent need of help – especially because of the lack of its own means of subsistence. The action was directed by the judges of the Landessozialgericht back to the originating court with instructions that the claim of the 42-year-olds against the consortium to reconsider.
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