The term “social assistance” is used in Germany as a generic term for basic security and is legally in the Twelfth Social Code (SGB XII) controlled.
It ensures a fundamental one for all Germans financial support if they are temporarily or permanently unable to make a living themselves.
The social assistance anchored in social law is divided into two major areas: The Help for a living as well as the Basic security in old age and reduced earning capacity.
In addition, further help for people with reduced health or disability be paid. But what exactly is social assistance according to SGB XII paid? Who is entitled to social assistance? Our guide on the subject clarifies these and other questions.
Further advice on the subject of social assistance:
What exactly is social assistance??
What social assistance should serve is in § 1 of SGB XII controlled:
The aim of social welfare is to enable those entitled to benefits to lead a life that corresponds to the dignity of people. ”
Social assistance serves as the bottom network Support for those in need. No one receives these who can make a living from their own resources through their own workforce, income or assets and with the help of relatives.
A beneficiary is characterized by: no other revenue is financially secured in such a way that it is possible to make a living.
Social assistance can provide beneficiaries in various benefits command – to § 8 SGB XII – to guarantee. But what exactly are social benefits? The following Overview should show the different service areas:
- Help for a living,
- Basic security in old age and reduced earning capacity,
- Aids to health,
- Integration assistance for disabled people,
- Care help,
- Help to overcome special social difficulties,
- Help in other situations.
All in all, social assistance is considered comprehensive performance in difficult financial situations. The extent to which the help can be differentiated is explained in the following chapters.
Social assistance: who is entitled to support?
In principle, social assistance is first of all everyone, who is no longer able to make a living from his own income, assets or the support of relatives.
In contrast to applying for unemployment benefits however, social assistance is by far low-threshold to reach. Because: All you need to do is call the social security office or the notification of a third party so that the entitlement to support is examined by the authority.
When calculating, not only the property of the applicant is considered, but also that of the partner with whom the beneficiary lives. In contrast to the calculation of unemployment benefit II, social welfare in the context of use Community spoken.
Social assistance benefits: What is the rate??
Many who depend on social assistance in Germany wonder how much money they can get from the state. This Welfare level is referred to as necessary livelihood.
This includes contributions to Nutrition, clothing, personal hygiene, household items, household energy such as electricity such as Costs for cultural participation and accommodation and heating.
The monthly usually required represents these costs minus those for accommodation and heating as well as any additional needs granted. Different levels of demand are subdivided, based on the rate for Hartz 4. Accordingly, the following apply graduations:
|Usually required level||sentence|
|1 (single adult / single parent)||404 euros|
|2 (full-time spouse / life partner in task force)||364 euros|
|3 (adult in community of operations)||324 euros|
|4 (youth between 14 and 18 years)||306 euros|
|5 (children between 6 and 14 years)||270 euros|
|6 (children up to 6 years)||237 euros|
The costs for Accommodation and heating paid. That goes out Section 35 of SGB XII out. The cost of the rent will be paid in full. Only the costs for electricity, internet and other costs that are not required have to be paid from the standard requirements themselves Monthly rent or Heating or ancillary costs belong.
Apartment: Your rent is subsidized by social assistance?
As already mentioned, in addition to the standard rate, rent is also paid – the so-called costs for accommodation and heater. This includes both Monthly rent as well as the Heating costs; The person in need of help has to pay for electricity, internet and telephone as well as other expenses from the regular need for social assistance benefits. These provisions have been made in Section 35 of SGB XII met.
If a person in need of help, it becomes clear that they are not using the costs transferred for accommodation and heating for their original purpose, but rather otherwise has spent, so can one Direct Deposit to the landlord be the result. However, this depends on the individual case.
However, the cost recipients of social assistance for the home must be in one reasonable framework move so that they can be adopted. If you have a very large apartment, which is not really necessary for an individual, you have to go to the maximum six months looking for a smaller apartment – unless a move would not be sustainable or feasible for the person concerned.
The welfare recipient lives in one use Community, so the allowed apartment size is the Community size equalized. Similar to the unemployment benefit scheme 2, here too move or the deposit be taken over if a corresponding application is made to the social welfare office.
Income and wealth offset
Not everyone income is carried out with regard to Services regarded as such. retirement income according to the Federal Supply Act (e.g. from the statutory pension insurance), repayments from current advancements or personal injury compensation for example not considered income. In addition, until 30% of income be kept from independent or non-independent work.
In this way, welfare recipients are also provided with support for living expenses or in old age or in the case of reduced earning capacity incentive created for employment. In addition, every beneficiary is entitled to help with health, the integration of disabled people, help with care, overcoming social difficulties and in other situations allowance to, besides which it is still possible to receive social assistance.
This amounts to § 85 SGB XII on a basic allowance of double the standard rate, also an appropriate contribution for the accommodation and one family allowance in the amount of 70% of the standard requirement level 1. If this income limit is exceeded, your own income will be counted towards the entitlement to social assistance.
Exceptions are also made with regard to assets. Not used Need to become capital, which come from the following areas:
Social assistance according to SGB XII also allows additional needs, for example for children in a community.
- Assets to secure a livelihood/ to found a house object
- Capital for additional retirement provision
- Assets for early procurement of a piece of land, or a piece of land itself, which is already in the possession of the person concerned
- household, that is appropriate
- Objects used to exercise or take up a employment are necessary or serve the spiritual satisfaction of scientific or artistic needs
Smaller amounts of cash also count as protected assets according to SGB XII regarding social welfare. Unlike when benefits are granted under the Second Social Code (SGB II), however, the law is here no exact allowance called.
What additional needs are granted?
In certain cases, i.e. when special requirements can also exist in addition to the standard requirement more need be paid. Which conditions have to be fulfilled is in Section 30 of SGB XII regulated. If a person is of retirement age or is fully disabled and the entry of the Mark "G" in the disabled person’s pass, there will be an additional requirement of 17% granted the respective standard requirement level.
Also pregnant women from the third month onwards, the additional demand is paid in the same amount. Other additional requirements can also be met, such as for children in a task force, for Disabled person, For patient or if that hot water is generated locally. While there is increased hot water demand as well as for sick people individually calculated, the following rules exist for children or disabled people in a task force:
|For whom?||Amount of additional requirements|
|A child under the age of seven||36% of the regular requirement level 1|
|Two or three children under the age of 16||36% of the regular requirement level 1|
|A child for whom the above requirements do not apply||12% of the standard requirement level 1|
|Disabled persons who have reached the age of 15 and who are provided with integration assistance (Section 54, Paragraph 1, Sentence 1 No. 1-3)||35% of the relevant standard requirement|
Needs for education and participation
Similar to the benefits of SGB II, a recipient of basic security can also extend one Need for education and participation receive.
This can be for student a general or vocational school or for children and youth that would otherwise not be able to participate in social life.
School trips and school trips over several days can be paid for on request, or a school requirement for basic equipment heard. This benefit is intended to avoid disadvantages for schoolchildren and families who depend on social assistance. The following cash benefits are after Section 34 of SGB XII conceivable:
- School supplies for the month of the first day of school: 70 euros; for the second half of the year 30 euro
- Reimbursement for longer Schulwege, if this is not done by third parties (from a limit of 5 euros per month)
- Supplementary learning Opportunities, if necessary
- lunch Meals in school responsibility
- up to 18 years of age need to participate in social / cultural life: 10 euros per month (e.g. for sports, music lessons, etc.)
Who are the providers of social assistance??
Many people rightly ask themselves who actually pays for the services that are paid to those in need. Because the question: "Who actually pays social assistance?" both needy and outsiders are always facing up. Social security funds are therefore defined in SGB XII. These consist of local and regional jurisdiction. Local providers are usually Counties or independent cities. The federal states decide independently who is responsible for social welfare.
It is important for local responsibility that the districts or independent cities agree to the imposition of the tasks and that they can also be carried out trustworthily in the catchment area. The financing the social assistance is accordingly by the communities accepted.
Types of social assistance: living support
The social security benefit as a livelihood is paid to a financial person Guaranteeing to ensure. There is often a lack of clarity about when social assistance and when unemployment benefit II can be applied for. Social assistance is paid to people who incapacitated or -unable are. That means: you can no longer than three hours work a day. Anyone who can generally work longer is entitled to unemployment benefit 2.
Basic security in old age and reduced earning capacity
The basic security of social assistance in Age and at disability is paid to those in need of help who are of legal age and either Retirement age have reached or fully disabled are. The retirement age limit is in Section 41 SGB XII regulated. For people who a year 1964 or were born later, this is currently included 67 years.
The social assistance that is paid to pensioners can also be in addition to other pension payments. Basic security in the event of full disability is paid if persons in need of help are unable to work at least three hours a day for an indefinite period.
Other service areas
In addition to basic security in old age and in the case of reduced earning capacity, other contributions can also be paid. As already mentioned above, this includes help for health, Integration assistance for disabled people, Help for maintenance, Help to overcome special social difficulties as well as help in others of life.
Health aids are provided when the appropriate person not insured is, but still needs services in this area. Since since 2004 however, beneficiaries automatically according to SGB XII in one health insurance this service is only granted in rare cases.
integration assistance for the disabled includes help with the education and school career. But social assistance for the disabled also includes benefits for social integration. Care assistance is provided if a person is in need of care no care level has. This support can be paid in cash or in kind for social assistance.
In addition, a person has the right to social assistance if social isolation to be remedied, burial costs cannot be borne or help is needed in other areas (Section 73 SGB XII).
Is there social assistance for children too??
children can also receive social assistance as there is no statutory benefit age limit – unlike unemployment benefit II – exists. However, since children often live within a community of needs, for example with parents or legal guardians, this is also after Hartz-4-control demand Paid out money. Since the basic security through social assistance and Hartz 4, however same carrier has and the Rule sets match, it doesn’t usually make a difference.
Social assistance is paid for schoolchildren?
However, there are also exceptions, in which (supplementary) social assistance can be applied for.
This applies, for example, when special hardship cases present or pupil no entitlement to BAföG to have. Among other things, this does not apply if a student takes the age limit already achieved at the beginning of the training that is to be funded 30 years old is.
Social assistance for foreigners
Foreigners are also entitled to basic security benefits in certain cases. This applies to foreigners with one without exception permanent residence permit, one temporary residence permit or for those who are likely to permanent reside in the Federal Republic (§ 23 SGB XII).
If these requirements are not met, then only Help to the Livelihood, help with Illness, pregnancy or to maintenance be performed. All other benefits – for example basic old-age security – cannot be provided. Foreigners who already have benefits after Asylum Seekers Benefits Act (AsylbLG) received or only for the purposes of Job search are in Germany no social assistance receive.
in the individual cases can be decided differently on the right to receive social assistance. For this reason, it always makes sense to personally address that competent social welfare office to turn.
(41 Reviews, average: 4.63 of 5)
I am currently in Hartz4 and have received an application for social welfare / subsistence and an application for basic security in the event of full and permanent incapacity for work Basic security is which cost bearer for a med. I have met. Breast cancer and could get better medical measures through the health insurance company. Can I stay in help for a living? Is my work ability checked on-site by the health department? On file? I assume that I have the DRV’s verification of my employability through me must endure. Yours sincerely, A. Winter
we cannot assess how this will be handled in your case. It may well be that the responsible authorities want to check the disability. It is best to clarify this in advance with the responsible social welfare office, since we cannot assess which cost bearer is responsible and which help you are entitled to directly. Legal advice allowed to we don’t offer.
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