Social assistance; applying for basic income support in old age and in the event of reduced earning capacity
Brief description
If they are in need, older people or people with a permanent full reduction in earning capacity can apply for basic income support in old age and in the event of reduced earning capacity.
Description
Basic income support in old age and in the event of reduced earning capacity is a social welfare benefit. It secures the livelihood of people who are no longer able to work due to old age or permanent full reduction in earning capacity and whose income is not sufficient to cover their necessary living expenses. The amount and scope of the basic income support are comparable to the subsistence assistance of social welfare. Personal income and assets are offset against the basic income support. Basic income support must be applied for and takes precedence over subsistence assistance.
Elderly and permanently fully disabled persons who are habitually resident in Germany are entitled to basic income support in old age and in the event of reduced earning capacity if they are in need.
The following are entitled to benefits:
- Persons who have already reached the relevant age limit for statutory pension insurance (currently between 65 and 67 years).
- Persons who have already reached the age of 18 but have not yet reached the age limit, if they are permanently fully disabled or if they are undergoing the entry procedure or vocational training in a workshop for disabled people or are in a training relationship for which they receive a budget for training.
A permanent full reduction in earning capacity always exists if the ability to work is reduced due to illness or disability, so that the person is unable to work at least 3 hours a day under the usual conditions of the general labor market for an unforeseeable period of time (reduced earning capacity pension). The determination of permanence presupposes that it is unlikely that the reduction in earning capacity can be remedied.
The basic income support is dependent on need and corresponds to the amount of assistance for living expenses in social assistance. For this reason, personal income and assets are also taken into account in the same way as for subsistence assistance.
Dependent children or parents with an annual income of up to and including EUR 100,000 each do not have to pay if their relatives claim basic security benefits. The obligation of heirs to reimburse costs is also waived. It is assumed that dependants do not exceed this annual income limit.
In addition, the presumption under social welfare law that a person living in a household with relatives or in-laws receives benefits for living expenses from these persons does not apply to the basic income support. In particular, disabled people with a permanent full reduction in earning capacity, who often live with their parents or other relatives, receive independent material security for their livelihood through basic income support.
Special information for - District of Bad Tölz WolfratshausenSearch number 51GS
Prerequisites
People with habitual residence in Germany are entitled to benefits under the following conditions:
- Reaching the age limit for the standard old-age pension
or
permanent full reduction in earning capacity from the 18th birthday, regardless of the respective labor market situation. It is not necessary to already be receiving a reduced earning capacity pension; permanent full reduction in earning capacity can also be determined by the pension insurance fund on behalf of the social welfare provider.
People with disabilities are generally considered to be fully reduced in earning capacity as long as they are undergoing the entry procedure or the vocational training area of a workshop for people with disabilities or are employed there in the work area.
and - it is not possible to cover living expenses from your own income and assets. The income and assets of the spouse or partner who is not separated are also taken into account if they exceed their own needs.
Persons who have caused their need in the last 10 years intentionally or through gross negligence are not entitled to benefits .
- Reaching the age limit for the standard old-age pension
Deadlines
The deadlines set by the social welfare office for the submission of documents must be adhered to. If you are unable to do so for understandable reasons, you must apply for an extension of the deadline. Otherwise, the social welfare office may refuse to pay you benefits because you have failed to comply with your statutory obligations to cooperate.
Furthermore, there is an appeal period if you do not agree with the decision - not only with the rejection decision, but also with the approval decision (amount of the resulting benefit entitlement). This deadline must be adhered to, as the decision becomes final after the objection period has expired.
Required documents
Identity card, passport or residence permit (copy)
If applicable, proof of permanent full reduction in earning capacity (copy)
Declaration of assets and income
- Account statements of all accounts held in the last 6 months with final account balance (copy)
- for house and land ownership: copy of the certificate of assessed value and the fire insurance certificate
- Copy of the care insurance certificate (if applicable)
- If applicable, notification of unemployment benefit I or II, maintenance assistance according to the Equalization of Burdens Act, pension payments according to the Federal Pension Act, etc. (copy)
- Pension certificate (copy), if applicable
- Contribution certificate from the health insurance company (copy), if applicable
Tenancy agreement
and, if applicable, last rent increase letter (copy)
In the case of guardianship: guardian's certificate (copy)
If applicable, power of attorney
The competent authority may request further documents.Forms
Special information for - District of Bad Tölz Wolfratshausen- Application for social assistance (for up to 2 persons)
With this application you can apply for social assistance for up to 2 persons:
- Assistance with living expenses/ basic income support in old age and in the event of reduced earning capacity
- Funeral costs for the deceased
- Help to continue household chores (= cleaning assistance in the event of illness)
- Help with health
- Other help
- Application for social assistance - supplementary sheet for persons 3-5
- Medical certificate
- Bank information
- Form for keeping vehicles
- Home ownership questionnaire
- Basic security brief info
- Information sheet
Information sheet on the application for benefits for living expenses according to SGB XII
- Acknowledgement of the collection of personal data in the context of tasks of the local social welfare provider in accordance with the Twelfth Book of the German Social Code (SGB XII)
- Rental certificate
- Proof of apartment search
- Maintenance review
- Accommodation and heating costs guideline
Guideline of the district of Bad Tölz-Wolfratshausen on the appropriate costs for accommodation and heating in accordance with Social Security Codes II and XII (Accommodation and Heating Costs Guideline/KdU-RL, "rent cap")
- Application for social assistance (for up to 2 persons)
Costs
none
Legal basis
Legal remedy
Objection, social court actionFurther links
Special information for - District of Bad Tölz WolfratshausenProcedure
In contrast to other social welfare benefits, basic security benefits in old age and in the event of reduced earning capacity are only granted on application. You must submit the application to the social welfare office responsible for your usual place of residence together with the necessary documents.
The responsible office will review your application. You will receive a notification of the result (approval or rejection notice).
Basic income support is generally granted for 12 calendar months.
Initial approval: Payment begins on the first of the month in which the application was submitted or in which the conditions (e.g. reaching retirement age) were met and notified.
Change: Changes in favor of the beneficiary are taken into account from the first of the month in which the change occurs or is reported. If the beneficiary receives fewer benefits as a result of the change, the new approval period begins on the first of the following month.
After receiving unemployment benefit II (citizen's allowance), payment begins on the first of the following month.
Notes
Duration of approval
Basic income support benefits in old age and in the event of reduced earning capacity are generally approved for one year.Basic income support during a stay abroad
A prerequisite for receiving basic income support in old age and in the event of reduced earning capacity is that the beneficiary has their habitual residence in Germany. Vacation trips or visits to relatives abroad do not preclude this as long as the stay abroad lasts less than 4 weeks. Anyone who stays abroad for longer than 4 weeks without interruption will not receive basic income support benefits until they can provide proof of their return (§ 41a SGB XII).Special information for - District of Bad Tölz WolfratshausenPlease submit your application to the municipal administration of your place of residence. From there, the application will be forwarded to the district office for processing.
Processing time
The processing time depends on the individual case.
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