Court: woman may keep hartz iv after marriage fraud

  • A marriage swindler defrauded a woman from the Heilbronn area of around 24.000 Euro defrauded
  • The woman became thereby destitute and requested Hartz IV
  • That initially granted the support – but then demanded the money back because of gross negligence

The Regional Social Court (LSG) in Stuttgart has upheld the complaint of a 62-year-old woman against the job center. This had been paid by the plaintiff Hartz IV payments reclaimed, because the woman to a Marriage swindler and thus wasted her assets through gross negligence. What had happened?

Marriage swindler cheats wife out of 24.000 euros

The hotel manageress from the Heilbronn area had between November 2016 and January 2017 about 24.000 euros Transferred to Great Britain. She had lent the money to a man with whom she had wanted to build a common future in Germany, the woman stated. Because online banking had not been possible, she had transferred the money to one of the man's "agents".

The man had told her that he wanted to come to Germany with his daughter and that he wanted to give up his family Money then pay back, according to the plaintiff. But the trip planned for February 2017 did not materialize. Allegedly, because the man despite Loan could not afford a ticket for his daughter. Also a valid loan contract had not locked the woman with him.

Hartz IV: 62-year-old in financial distress after marriage swindle

Worse still: because the loan had made her penniless she had to apply for Hartz IV after the failed repayment, the woman stated. Already since 2015, she had lived on her savings. The money for the loan came from the inheritance of her deceased mother.

The Jobcenter initially granted the 62-year-old Hartz IV benefits of 770 euros per month. But then the authority demanded the paid benefits with regard to the loan again back. It should have been clear to the woman that she would need Hartz IV after transferring the money to Great Britain.

Hartz IV ruling: Jobcenter may not check whether money is wasted out of naivety

From the loan amount the woman could have lived according to calculations of the authority still 31 months. Her Indigence she therefore grossly negligent brought about and thus breached its duty of care, argued the job center. Therefore, she is not entitled to Hartz IV.

The LSG saw that differently in its ruling published on Monday. Who falls for a marriage swindler, acts not socially unlawful. For it an intention is necessary. The Claim on Hartz IV therefore remain.

Rather, the woman be herself Victim of a scam become. The fact that the transfers appeared incomprehensible from the outside and in retrospect did not make them "socially unacceptable". The LSG emphasized that it is not the job center's responsibility to determine whether a person's behavior was naive or imprudent.

Hartz IV: Ruling could become a precedent for applicants

The ruling could be seen as Precedent signal effect, as it applies not only to victims of marriage swindlers. "With the ruling, the Regional Social Court has clarified that victims of fraud are in principle not acting in violation of social welfare if they merely squander their assets through gross negligence, but not with the purpose of becoming in need of assistance" said a spokesman for the LSG at the request of our editorial team. The court decision is in line with the legislative intention to sanction only the deliberate cause of the need for assistance.

However, the verdict is not yet legally binding. The job center could now go to the Federal Social Court.

Leave a Reply

Your email address will not be published. Required fields are marked *