LSG Mainz judged: No claim to additional nutritional needs
(jur). Hartz IV recipients with a lactose intolerance have to make do with the regular unemployment benefit II rate. Even if they have to eat a lactose-free diet, there is no disease-related additional need for an expensive diet for a healthy person, the Rhineland-Palatinate State Social Court (LSG) in Mainz decided in a judgment announced on Wednesday, May 11, 2016 (ref .: L 6 AS 403/14).
A Hartz IV beneficiary complained of diabetes and lactose intolerance, the so-called lactose intolerance. At his job center, he stated that he had to avoid foods with milk sugar completely. This would result in higher nutrition costs. He would therefore have to be granted additional needs and thus higher Hartz IV benefits.
The LSG rejected this in its judgment of March 16, 2016. The Mainz judges relied on an expert opinion from a nutritionist. According to this, a balanced diet is cost-neutral and possible with the use of natural foods. Regular unemployment benefit II is sufficient. According to the expert's calculations, the plaintiff was left with "enough room for personal preferences related to food" when eating fresh products, "judged the LSG.
The Federal Social Court (BSG) in Kassel decided on February 14, 2013 that a Hartz IV additional requirement for lactose intolerance is basically conceivable if corresponding additional costs have been proven (file number: B 14 AS 48/12 R; JurAgentur report from Judgment day). According to the report now commissioned by LSG Mainz, such additional costs generally do not arise.
Also based on a nutritional expert opinion, the LSG Mainz ruled on March 12, 2013 that lactose-free vegetarian diets did not incur any significant additional costs (ref .: L 6 AS 29/10, JurAgentur announcement from June 6, 2013). On May 28, 2015, the LSG Saxony-Anhalt in Halle an der Saale also dismissed a lawsuit for additional Hartz IV needs for lactose intolerance (file number: L 5 AS 570/13). (fle / mwo)