If you receive citizen's allowance and live in your own house, you must expect it to be counted as an asset - even if the living space only slightly exceeds the legally permitted 140 square meters. This is the result of a ruling by the Saxon State Social Court in Chemnitz.
An applicant had argued that he could claim a case of hardship simply because the living space was slightly exceeded. However, the court did not consider this to be a particular hardship that would justify an exception. The decision makes it clear that those affected with a home that is only slightly larger than the relevant living space do not automatically benefit from the statutory hardship regulations.
Under the current law, an owner-occupied property with up to 140 square meters or an owner-occupied apartment with up to 130 square meters are not assets to be taken into account. This means that, for the first time, legally defined living space limits apply. For more than four people, they increase by 20 square meters each.
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