Here are the key-points of the formal complaint filed this morning
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Reasoning:
1. Violation of § 35 SGB XII – Accommodation and Heating
According to § 35 para. 1 SGB XII, the actual and reasonable costs for accommodation and heating must be covered. The rejection of the full heating cost back payment is based on a flat-rate consumption estimate which, in light of current economic realities, is no longer valid.
2. Improper Generalisation under § 36 SGB XII
Applying a flat benchmark of 167.4 kWh/m²/year without assessing local conditions or the individual living situation violates § 36 SGB XII. With utilities rising by 100% to 200% depending on provider, the use of outdated reference values is unjustified and unfit for the purpose.
3. Criticism of Wording under § 17 para. 1 SGB I – Duty of Clarification and Support
The statement in the notice that I should “review and adjust my heating behaviour” is a generalised and inappropriate moralising response. Under § 17 para. 1 SGB I, the authority is obliged to inform and support claimants factually, not to make disapproving insinuations or issue behavioural demands.
4. Violation of the Right to a Dignified Existence under § 9 para. 1 SGB XII
Refusing to cover the full amount of the heating back payment imposes an unreasonable financial burden and jeopardises my right to a minimum standard of living. As stated in § 9 para. 1 SGB XII, social assistance must guarantee a life in human dignity.
5. Conflict with the Purpose of Social Assistance under § 1 SGB XII
Social assistance, per § 1 SGB XII, exists to mitigate social disadvantage and prevent existential hardship. Using inflexible consumption formulas in the face of real inflation contradicts the fundamental goals of the welfare system.
Request:
I respectfully request full coverage of the outstanding utility back payment amount of €[AMOUNT] as listed in the 2025 utility bill and a correction of the decision dated 15 July 2025.
Please confirm receipt of this objection in writing and inform me of the timeframe for your decision.
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