Heating subsidies unjustly claimed at job centres could face repayment
Lower Saxony-Bremen Social Court Rules in Favour of Job Centres in Heating Cost Subsidy Overpayment Case
In a recent ruling, the Lower Saxony-Bremen Social Court has decided that beneficiaries of heating cost subsidies in the region can be required to repay overpaid funds. This decision comes following a case in the district of Lüneburg, where a woman was incorrectly paid multiple times an amount that was supposed to be a one-time payment, resulting in an overpayment of €3,600.
The woman, who received €480 per month instead of a one-time payment, initially won her case at the Social Court Lüneburg due to the job center's history of granting temporary benefits only. However, the Lower Saxony-Bremen Social Court overruled this decision, stating that heating cost subsidies are also temporary.
The plaintiff had argued that, as a layperson, she was not required to check the decisions regarding her heating cost subsidies. However, the court emphasized that beneficiaries have the obligation to read decisions and take note of key details. According to the court, the plaintiff should have noticed that the multiple payments were significantly too high.
The court's ruling highlights the responsibility of beneficiaries to carefully review their subsidy decisions and payments. The judges further emphasized that recipients are generally under an obligation to ensure the correctness of received subsidies and repay undue payments to avoid legal consequences and ensure fairness in the distribution of public funds.
The Lower Saxony-Bremen Social Court did not consider the job center's history of granting temporary benefits as a reason for the plaintiff not to check the decisions. Furthermore, the court stated that there is no trust protection in the incorrect grant of heating cost subsidies.
This decision does not affect the general policy of job centers granting temporary benefits only. It serves as a reminder to all beneficiaries of subsidy programs in Lower Saxony-Bremen to carefully review their decisions and payments to ensure they are correctly receiving the subsidies they are entitled to.
The court's ruling was announced in Celle on Tuesday. The specific reasons for the plaintiff's initial victory at the Social Court Lüneburg being overturned were not provided.
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