A perceived German identity does not establish an entitlement to basic income support, according to a ruling by the Baden-Württemberg State Social Court in Stuttgart. Foreign nationals without a right of residence are not entitled to basic income support even if they consider themselves German, the court ruled in an expedited proceeding, according to a statement issued on Wednesday.
The case concerned a Russian woman without a right of residence who applied for social benefits using a German-language name and referring to a baptism certificate.
She also told the responsible Jobcenter that she could not identify with the identity stated on her birth certificate. She argued that, as a spiritual being created by God, she should be allowed to define her own identity. Her last residence permit had expired in 2012. She did not want to apply for a new residence title under her actual identity.
As a result, she had no entitlement to basic income support or social assistance. The ruling was issued at the end of August and is legally binding.
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