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Hartz IV recipients are not entitled to the reimbursement of the costs for a medical practitioner retraining / training.
(05.11.2010) According to a judgment of the State Social Court of North Rhine-Westphalia, Hartz IV recipients are not entitled to retraining as a psychological counselor at a training center for naturopaths. According to the social judges, there are no opportunities for integration after the measure has been completed. In addition, the training is not "state recognized".
In the present case, the plaintiff had received the benefits under SGB II (Hartz4) and had received further training from her responsible consortium in accordance with Sections 16 (1) SGB II i. V. m. Section 77 (1) sentence 1 SGB III. The authority rejected the assumption of costs with the reference that the retraining as a psychological consultant at a naturopathic school would not provide any opportunities for professional integration. The person concerned complained against this.
The State Social Court of North Rhine-Westphalia followed the reasoning of the Hartz IV authority. According to the ruling, participation in an educational measure must be necessary in accordance with section 77 (1) sentence 1 no. 1 of the Social Code Book III in order to integrate workers in the event of unemployment. The further training must be expected that the chances of integration after completion of the measure are significantly better than before. This is not the case in this case.
Funding according to this regulation is also ruled out because the measure is not a measure of continuing vocational training i. S. v. Section 77 SGB III. Rather, it is an education. However, this is only eligible under the conditions of Sections 59, 60 SGB III. According to the state judges, there were no corresponding requirements. Training (according to § 60 Paragraph 1 SGB III) is only funded if it is carried out in-house or outside the company in accordance with the Vocational Training Act, the Crafts Act or the Seafarers Act. According to the judges, the profession of "psychological consultant" at a school of alternative practitioners is not a state-recognized training. Judgment: File number: L 9 AS 64/08. (sb)
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Hartz IV: Additional contribution 2011 deleted