The State Social Court of Thuringia has obliged the job center to take over the purchase of an internet-enabled PC with accessories for an eighth grader whose family receives Hartz IV. The equipment that should enable the student to take part in the corona-related online lessons include a computer, screen, keyboard, mouse, printer and three printer cartridges. The judges determined that the costs should be a maximum of 500 euros. According to the Social Security Code II, they represented an “unavoidable, ongoing additional requirement” (file number L 9 AS 862 / 20 B ER).

In the statutory requirement for Hartz IV recipients, such expenses are not taken into account – but would be under the current pandemic circumstances this is no longer “realistic”, the court found according to the announcement. Since there have been no face-to-face classes since December, the acquisition is rather necessary to guarantee the applicant’s right to education and equal opportunities. In the household of the schoolgirl’s family there is only an internet-enabled smartphone that is not suitable for using the Thuringian school cloud. The school also does not provide any equipment.

No right to “best possible care” However, the court restricted that the The schoolgirl is not entitled to the device she has chosen for the price of 720 euros. It is not about “the best possible care”, but only about the satisfaction of simple and basic needs. An inexpensive and possibly used device that is sufficient for the purpose must be sufficient. The job center can now fulfill its imposed obligation by assuming the cost of an acquisition or by providing the applicant with a device and accessories.

The mother had previously the student made a corresponding application at the job center, but it was rejected. The Nordhausen Social Court, which was subsequently involved, had also denied a claim. The family then went to the regional social court, whose interim order to the job center is incontestable according to the notification.

Pointing the way, but not binding Social courts in Germany are repeatedly faced with the question of the extent to which the job center has to help families out with hardware for the school – and the judges do not always see an obligation to assume the costs as in this case. A court spokesman stressed to the MDR that it was a case-by-case decision. Although this is groundbreaking, it is not binding for job centers where other Hartz IV recipients in a comparable situation also submit such applications.

The decision was made in the urgent procedure, the judgment in the main proceedings is still pending. In this way, the court takes into account the fact that a decision should only be made when children can go to school normally again, the court spokesman continued.

(axk)