There was a heated debate last week in the social committee of the Hamburg-Altona district after it became known that the social welfare office in Altona had collected his money from pensioner Hans S 58 euros bottle deposit was deducted from the basic security. Now the Greens, the SPD and the FDP are submitting a motion on Thursday that calls on the administration to correct the decision and to continue to interpret the provisions “as favorably as possible” in the future.
As reported, the case of the 75-year-old was covered by the January issue of the street magazine Hinz+Kuntt became known. The taz also investigated the matter and spoke to the person concerned. The man collected the deposit out of necessity after his basic security was reduced. He is poor and survives on only two meals a day.
“We discussed the issue last Tuesday in the district’s social committee,” says Nadine Neumann, the social policy spokeswoman for the Altona Greens. The office reported how it sees the case of deposit collection for basic security in old age. “If you want to be on the safe side, you count everything, but you have discretion up to 281 euros.”
Overall, the calculation of the very manageable income from deposit collection appears to be “socially grossly unfair,” it says Application from the district politicianswho govern in Altona with changing majorities. There is also the aspect that deposit collecting is sustainable because it counteracts littering from glass, plastic and tin. “This can rightly be described as a meaningful service to the community,” write the politicians.
Relevant court ruling
The application asks the district office to “no longer count the income from deposit bottles towards the basic security” from now on. Within the scope of the legal possibilities, “cuts that have already been made must be reversed”. “In our application, we demand that the basic security office uses its leeway,” says Nadine Neumann. “And the Hamburg social authorities should issue guidelines for the offices in the districts so that they have security.”
The different answers given by the authorities when asked about it show that there is some leeway. As reported, Hans S., who made his own inquiries, heard from some offices that they do not count bottle deposits towards basic security.
One argument was: the “effort” would be too great. Also had the Düsseldorf Social Court 2020 In the case of a 53-year-old, it was decided that she could keep the 100 euros of bottle deposit she had collected. “This judgment should also be transferred to basic security in old age,” demands Nadine Neumann.
The taz asked what the district and social authorities say about the demands. Altona’s press spokesman Mike Schlink explained: “If the decision is made by Altona politicians, the Altona district office will check whether it is compatible with the law.” And social authority spokesman Wolfgang Arnhold said that his office would then report to the district assembly within the specified period once the decision had been made. “I wouldn’t anticipate that here.”
The Federal Ministry of Social Affairs stated that, according to current case law, small amounts from bottle collections are “completely exempt from deductions.”
Last week, the social welfare authority supported the cuts in the district office. Spokesman Arnhold explained that “this 100 euro exemption limit applicable in the Düsseldorf ruling does not apply to basic security in old age”. The district office acted in accordance with the applicable law. And that also applies to income from the “systematic collection and redemption of deposit bottles”.
The Federal Ministry of Social Affairs (BMAS) in Berlin had, however, declared that “small amounts from bottle collections” were “completely free of charge” according to current case law. Especially when it comes to small and irregular amounts. Whether the law is being applied correctly by the social welfare offices in individual cases must be determined the social courts clear up.
Hans S. now wants to sue in court. He may receive support from a non-profit organization that will represent him legally and cover the costs of the proceedings.
Olga Fritzsche, the social politician of the left-wing faction in Hamburg’s parliament, sees a larger political problem behind the case: “In the citizen’s benefit reform of 2022, basic security in old age was excluded from the relief,” she said. “Errors and injustices that were eliminated for the younger ones were retained for the older ones.”
It is particularly unfair for people like Hans S. with a small pension who need additional basic security. “Another pensioner who receives a small pension of 450 euros and also receives basic security reported to me that every cent he earns is deducted from this basic security,” says Fritzsche.