Behinderte Leistungsberechtigte in der Grundsicherung für Arbeitsuchende
Since the introduction of the Basic Security for Jobseekers (SGB II) on 01.01.2005, the relationship to the benefits for participation according to SGB IX, in particular the benefits for participation in working life, is in need of clarification for the group of persons entitled to benefits with disabilities. In addition to the questions of rehabilitation, those of entitlement to benefits as well as the possible benefits to be granted by the basic benefits for jobseekers are of particular relevance.
Although it already became clear in the associated legislative procedure that people with disabilities or people who are threatened by disabilities will also be entitled to benefits in the new benefit system of Book II of the Social Code and will need rehabilitation services, there was initially no legal regulation.
It was only in 2006 that § 6a SGB IX a. F. was added retroactively to 01.01.2005 and thus the concept of division of labour between the Job Centres and the Federal Employment Agency, which is still essentially valid today, was adopted. As a result of the amendment within the framework of the Federal Participation Act (BTHG) in 2018, this regulation is contained in Section 6 (3) of Book IX of the Social Code (SGB IX a. F.). With this law, some new regulations concerning the job centres were created in SGB IX as of 1 January 2018. Further not insignificant reforms were made by the Participation Strengthening Act of 02.06.2021.
The legal interplay between the regulatory complexes of Social Code Book II, III and Book IX of the Social Code (Sozialgesetzbuch II, III, SGB IX) outline the course of the dissertation. The resulting legal questions about eligibility for benefits in Book II of the Social Code or the active and passive benefits of Book II of the Social Code and the questions about participation in working life are critically examined and lead to a proposal for a solution.
The overriding question - whether there is unequal legal treatment between the groups of disabled persons entitled to benefits in the legal spheres of SGB II and SGB III - is answered.
