Basic security in the event of a disability

The basic security is a social benefit that covers the basic livelihood of older people over the age of 65. For example, pensions are drawn from the statutory pension insurance scheme and cannot be used to make a living, then there is the possibility of basic security benefits. This is also referred to as the basic security pension.

In addition, it covers the livelihood of permanently fully disabled people from the age of 18. From the age of 18, people are eligible to apply if they are fully disabled for medical reasons and if it is unlikely that the entire disability can be remedied. The needs-based livelihood benefit is thus intended for certain groups of people in the event of reduced earning capacity and in old age. The basic security is dependent on assets and income. Basic security benefits are only due if the assets and income are not sufficient or not available at all so that the needs can be met. So it can be said that a need is needed. Various prerequisites have to be met in order to maintain basic security. Ordinary residence in the Federal Republic of Germany must be a prerequisite. The income that is counted as income is child benefit, income from partial old rights, housing rights and usufruct rights, interest or other income from capital assets, income from leasing and renting, maintenance from a spouse, housing benefit, income from pensions or pensions, income from a trade and other income. Expenses that can be deducted from income are reasonable contributions too Insurance, which are required by law, advertising costs, compulsory social security contributions and taxes on income. Income does not include benefits such as basic rights or benefits for damage to health, body or life in half, maintenance claims to parents or children and statutory benefits for child rearing. Individuals are not entitled to basic security if benefits are received on the basis of the Asylum Seekers Benefits Act, if the need itself is caused, grossly negligent or willful, or if the amount of the annual income from maintenance obligations is over EUR 100,000.

2. Basic security in retirement

From July 1st, 2012 there was a pension increase of a good two percent, which was not exactly abundant. For this reason, it remains financially tight for many pensioners. Basic security is available to people in need of regular retirement age. The standard benefit for single persons is 374 euros per month and for couples it is 674 euros. The reasonable housing costs are added. A single person has a basic requirement of 774 euros if the warm rent is 400 euros. If the pension is only 650 euros, then the social welfare office adds 114 euros. However, anyone who is already receiving basic security benefits will not have any benefit from the increase in the pension, because this will be offset against the basic security claims. If the pension increases by 14 euros, the social welfare office pays 14 euros less basic security. A surcharge for additional needs is often added for the disabled. There is also a surcharge for those who produce the hot water in the apartment using an electric boiler or otherwise. There is no surcharge for central heating. If basic security is required, it should be clarified as soon as possible whether the housing costs are considered appropriate. If these are too high, for example because the apartment is considered too large, the actual housing costs will be accepted for six months. Afterwards it depends on the individual case. In most cases, higher rents are also fully taken into account if the apartments are converted to suit senior citizens. The municipalities prefer to pay higher accommodation costs before those affected have to move to a home. As a rule, the offices do not use the wealth and income of the children of basic security recipients. Even if there is only a few euros in basic security in old age, there is no need to pay the GEZ. Those affected must submit an application and submit a decision from the social welfare office. Anyone who is only slightly above the basic security level with their income should apply for housing benefit. Owners can apply for the burden allowance.

3. Basic security for the disabled

People are entitled to basic security according to SGB XII with disabilities, when the age of 18 has been reached and if they are fully and permanently disabled, regardless of the respective labor market situation. In particular, the employees of the WfbM also belong to the group of people entitled to benefit. These are considered to be fully disabled for the duration of their work in the workshops for disabled people. It should be noted that the degree of disability cannot be used to infer the extent of professional performance. The question of permanent full disability is examined separately. However, the test is not necessary for certain groups of people, because it is already certain that an applicant is permanently fully disabled. People are affected by this if people with disabilities are employed in the WfbM or if a permanent pension is drawn due to full disability. The examination of the individual case is also omitted if people with disabilities visit a support group or a day care facility of a WfbM. People who live in fully inpatient facilities and receive help for care or integration assistance according to SGB XII are also entitled to basic security. Eligible applicants are only entitled to benefits if their livelihood is not guaranteed with their property and their own income. If a person with a disability achieves income with which he can at least partially make a living, the basic security is paid to increase the available income. Even if the parents have considerable assets, the child with a disability is still entitled to a basic security claim. The basic security is then measured in such a way that it corresponds to the support for living outside of institutions. The basic security covers the relevant standard rate for the applicant, the reasonable actual expenses for heating and accommodation, the taking over of nursing and health insurance, if you have a severely handicapped ID with a AG or G mark an additional requirement of 17 percent and a reasonable additional requirement for people with a chronic Illness or people with disabilities if they need special nutrition.

4. Basic security in the event of reduced earning capacity

People between the ages of 18 and 65 receive basic security in the event of reduced earning capacity. The prerequisite is that they are fully disabled, regardless of the respective labor market situation, and if it is unlikely that the complete reduction in employment will have to be remedied. It is also important that the people in need of help. All of them are in need of help who are unable to make a living or are unable to make a living from their own resources and who cannot get the help they need from other people such as social service providers, relatives, etc. Your own means and powers are your income and wealth. One-off benefits and ongoing benefits are granted. The one-time benefits are granted for the initial equipment for pregnancy and childbirth, the initial equipment for clothing and the initial equipment for the apartment. Current services include the balancing power, the reasonable expenses for heating and accommodation and possibly an additional need for, for example, costly nutrition. A benefit to be granted is calculated as the difference between the creditable income and the assets to be used and the Requirement. The need is heating and accommodation + additional surcharges + standard rate. The basic security in the case of reduced earning capacity is a special benefit from social assistance, which ensures the necessary livelihood for permanently disabled people. In particular, the basic security benefits include clothing, nutrition, costs for nursing and health insurance contributions and the actual expenses for heating and accommodation. People receive basic security in the event of reduced earning capacity only if their habitual residence is in the Federal Republic of Germany. The basic security in the case of reduced earning capacity is only available if the person has reached the age of 18 and if there is a permanent full reduced earning capacity for medical reasons, regardless of the respective labor market situation. In addition, it is unlikely that the entitled person will be able to remedy the entire disability. We paid the basic security through the basic security offices of the districts and independent cities. The circles can also delegate the tasks to the municipalities belonging to the district.

5. Basic security amount

The requirement includes the standard requirement level that results for the beneficiary. This is EUR 374 for single persons and EUR 337 per person for cohabitation and spouses. If the beneficiaries do not have their own household because they live in the household of other people, they receive 299 euros. The need includes the reasonable actual expenses for central hot water supply, heating and accommodation. There are also additional needs for basic security such as care and health insurance contributions, one-time needs such as the initial equipment of the apartment including household appliances, the additional need for decentralized hot water supply and if there are special living conditions such as possession of the severely disabled ID with the mark G. The need includes also supplementary loans such as those for arrears in energy costs. The available income is deducted from the calculation. If the income is not sufficient, but there are assets, there is no basic security. At this point, the assets have to be used for a living. If the assets were then used up, the application for basic security can be made again. The basic security therefore always consists of several components so that the livelihood is covered. The amount generally depends on each individual case and its framework. For example, special consideration must be given to whether a person in need lives with their parents or in their own home. Since the local rents can vary widely, the place of residence also plays an important role. An additional need arises for disabled people and this is also taken over. Since 2011 there have been three different standard requirement levels, according to which the amount is based on the basic service without additional payments of the rent. Level 1 are adult people living alone in their own apartment. You receive basic security in the amount of 374 euros. The standard requirement level 2 are adult people in marriage or a similar community and here there is 337 euros per person. If people do not live with a spouse and not in their own apartment, there is level 3 with 299 euros.

6. Basic security calculation

The amount of the need is based on living support in special cases, such as assuming debt, nursing care and health insurance contributions, if no compulsory insurance is available, on any additional requirements that may be required, such as for pregnant women or severely disabled people, and on the standard rate applicable to the applicant for help with living according to the Federal Social Assistance Act. As a calculation example, it can be said that the single person in the standard requirement level receives 1 374 euros, in addition there are reasonable actual maintenance costs of max. 47 m² times 5 euros as basic rent of 235 euros + operating costs of 67.50 euros + reasonable heating costs of, for example, 50 euros + the additional requirements of the decentralized hot water supply of 8.60 euros + additional requirements for a severely disabled ID with mark G in the amount from 63.58 euros. This results in a basic security requirement of EUR 798.68 minus the standard old-age pension of EUR 600 is a basic security claim of EUR 198.68. Another example works with a couple or a cohabitation, where both receive 337 euros. In addition to the 674 euros, the reasonable actual accommodation costs of max. The basic rent of 62 m² times EUR 4.50 amounts to EUR 279. There are also operating costs of 90 euros, reasonable heating costs of 60 euros, for example, and the additional need for one person with the severely disabled ID card with the G mark of 57.29 euros. The basic security requirement here is EUR 1175.79, minus the standard retirement pension for the head of household in the amount of EUR 600 and minus the standard retirement pension from the second person in the amount of EUR 200. This results in a basic security claim of EUR 375.79. If a beneficiary lives in the same household as the parents, then the costs for rent and your own income amount to 120 euros. The person only receives the 299 euros because there are no further costs for rental costs. Then your own income is deducted and there is an increase with the basic security in the amount of 179 euros.

7. Application for basic security

In order for basic security benefits to be maintained in the event of reduced earning capacity and old age, those affected or the legal representatives must submit a written application. The application forms are available from the responsible body. Depending on the agency’s offer, leaflets and forms are also available on the Internet. The fully completed application and the necessary supporting documents are submitted to the responsible body. After a certain time, there will be a written notification of the scope and whether an application has been approved. It is often necessary to clarify whether there is disability. For this purpose, the responsible body contacts the responsible pension insurance institution. If the person concerned already receives a pension due to a reduced earning capacity, the examination by the pension insurance provider is not applicable. The same applies if the person concerned is admitted to a facility or workshop for disabled people. All information from the application must be proven and, for example, evidence of assets, income and costs, as well as medical certificates must be submitted. Which evidence is actually required can be found in the leaflets that are provided with the application. If approval is granted, the benefit is usually approved for twelve calendar months. If you come from Munich, for example, you can apply to the municipality of residence or directly to the Munich district office. In the district office, the applicant must register with the subject area social assistance and basic security. All persons who meet the requirements must fill out their own application. This is often the case with spouses, for example. The application is then processed in the social welfare office of the Munich district office. If it is about who provides basic information about basic security, the social welfare providers are responsible. Pension insurance providers also have the obligation to inform the persons entitled to apply for the benefits. They must also advise and usually support the person making the application.

8. Help for a living

Everyone has a right to livelihood assistance who does not have sufficient or no priority social benefits. Anyone who is unable to make a living from their own resources, such as wealth and income, nor from their own resources, such as manpower or effort, nor with the help of others, is entitled to claim. Here there is also the term necessary livelihood, which includes the needs of a person. In particular, this includes accommodation, including heating, clothing, nutrition, household items, personal hygiene and other everyday needs. The need for help is checked and here also the common assets and income in the case of non-separated life partners or spouses according to the Life Partnership Act. The same applies to those in need of help who form a household and live together with another person in a partnership-like or marriage-like community. If there is a right to basic security for job seekers, then living support is not granted. Otherwise, the living support is granted for a longer period or temporarily. This depends on the duration of the personal emergency of the beneficiary (s). The scope depends on what is required in the individual case. Overall, the need is made up of actual heating costs, reasonable accommodation costs, the relevant standard rate and any additional requirements. The need minus the income then corresponds to the amount of the benefit. If a beneficiary needs ongoing livelihood benefits, the level of need depends in particular on the so-called standard rates. Basically there is the so-called corner rule set for every household. Heads of household and single people receive the basic rule rate of 359 euros. Then there are additional amounts for all other household members, where the amount depends on the age of the household members. Children up to the age of 6 receive 60 percent of the basic rate, from 7th to the age of 14 there is 70 percent of the basic rate, from the beginning of the age of 15 there is 80 percent of the basic rate and for life partners and spouses living together there is 90 percent of the corner rule rate. The amount can differ from the basic rule rate from state to state.

Basic security in the event of a disability

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