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No lactose intolerance - Hartz IV additional requirements

No lactose intolerance - Hartz IV additional requirements

Lactose intolerance Hartz IV additional needs not for vegetarians
10.06.2013

More and more people suffer from food intolerance. While ordinary earners and the well-off can switch to more tolerable products at often higher costs, recipients of Hartz IV or social welfare are at a disadvantage. Because for food, the legislator provides just under 140 euros. For this reason, one of those affected complained about the granting of additional needs due to costly nutrition. However, the State Social Court of Rhineland-Palatinate did not follow the plaintiff's reasoning, but dismissed the complaint at the hearing.

In principle, the nutritional rate should cover the regular needs of food. But if you need a special diet for health reasons, you are entitled to an additional requirement due to the costly diet. The demand is then increased by the specified rates.

The plaintiff has been eating vegetarian for years, eating neither meat nor fish, nor any food that contains gelatin, because it contains bone meal. The Hartz IV beneficiary applied for an additional need, since a lactose intolerance has been proven by medically proven. Because he cannot drink milk, he has to resort to milk substitutes such as soy milk. However, this is usually more expensive than regular cow's milk. The application was rejected by the job center, which is why the person concerned is already suing in second instance.

The expert commissioned by the court came to the conclusion that vegetarians were already spending less money anyway because they would not buy meat or fish. Therefore, the amount will be offset again. However, only taking into account that the plaintiff only buys cheap food.

Based on the expert opinion of the nutrition expert, the court confirmed the judgment of the lower court (Koblenz Social Court). Hartz IV recipients, if they are vegetarians, cannot fictitiously portray themselves as non-vegetarians if they have a lactose intolerance. Ultimately, it is also a question of the additional medical requirements, what costs the plaintiff has to bear in terms of size and weight if he wants to eat a healthy and lactose-free diet. If the plaintiff requests certain foods for subjective reasons, then this does not matter when calculating the Hartz IV rate, according to the judges. (sb)

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