Is there a right to expensive dietary supplements?
Dietary supplements that are taken to replace nutrients and vitamins in order to compensate for their deficiency due to a diet deviating from the whole diet are often expensive. SGB II sees it that way too. Any diet that deviates from a full food diet and thus exceeds the “normal” cost is considered more expensive and is not generally covered. Such supplements are generally not paid for by health insurance companies.
Job center refused to increase the need for nutritional supplements
On August 31, 2020, the Lower Saxony-Bremen Regional Social Court overturned a decision of the Oldenburg Social Court from June and ruled that a person who needs nutritional supplements after gastric bypass surgery and a doctor’s recommendation can claim them as additional expense under ALG II (L 13 AS 132/20 B ER).
Medical need for nutritional supplements is crucial for additional needs
“According to Section 21 (5) SGB II, beneficiaries who require expensive nutrition for medical reasons are recognized as having a reasonable additional requirement.” However, a prerequisite is that there is a “causal connection between the medical reasons and the expensive nutrition”. If this is the case, those affected are entitled to 10 percent of the standard rate to cover the additional costs, at 432 euros or 43.20 euros per month. In the case of demonstrably higher costs, a higher claim can be made.