Regulation on the implementation of aid to overcome specific social difficulties

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BSHG§72DV 2001

Date of completion: 24.01.2001

Full quote:

" Regulation on the implementation of aid to overcome specific social difficulties of 24 January 2001 (BGBl. 179), as defined by Article 14 of the Law of 27 December 2003 (BGBl). I p. 3022).

Status:

Amended by Art. 14 G v. 27.12.2003 I 3022

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.2001 + + +)
Heading: IdF d. Art. 14 No. 1 G v. 27.12.2003 I 3022 mWv 1.1.2005 Unofficial table of contents

Input formula

Pursuant to Section 72 (5) of the Federal Social Assistance Act, as amended by the Notice of 23 March 1994 (BGBl. 646, 2975), which was last amended by Article 1 (4) of the Law of 25 June 1999 (BGBl I). 1442), in conjunction with Article 6 (1) of the Law of 16 February 1993 (BGBl I). 239), the Federal Ministry of Labour and Social Affairs is responsible for: Unofficial table of contents

§ 1 Personal requirements

(1) Persons living in special social difficulties, if special circumstances of life are linked to social difficulties in such a way that overcoming the special circumstances of life also means overcoming the social difficulties . Subsequent assistance shall be granted to persons, to the extent that the threat of re-entry of particular social difficulties can only be averted from them by means of this Regulation. (2) Special living conditions exist in the absence of or not adequate housing, unsecured economic livelihood, non-violent living conditions, dismissal from a closed facility or comparable adverse circumstances. Special living conditions can have their causes in external circumstances or in the person of those seeking help. (3) Social difficulties exist if a life in the community is caused by the exclusion of the help of the person seeking help or by a person who is not in the community. The third party is substantially restricted, in particular in connection with the maintenance or procurement of an apartment, with the obtaining or securing of a job, with family or other social relations or with impunity. Unofficial table of contents

§ 2 Nature and scope of measures

(1) The nature and scope of the measures shall be aimed at enabling the help seekers to help themselves, to enable them to participate in life in the Community and to ensure the management of a dignified life. By helping those seeking help to cope independently of their particular social difficulties, they should be able to organise their lives according to their needs, wishes and abilities, and to be self-responsible. It should also be borne in mind that those who are seeking help are obliged to take part in overcoming the special social difficulties. The provision of services of other bodies or in accordance with other provisions of the Twelfth Book of the Social Code, which are suitable for the purposes of this Regulation, shall be added; the provisions relating to the reimbursement claims of the service providers with each other in accordance with § § 102 bis 114 of the Tenth Book of the Social Code also apply between institutions of social assistance. (2) Measures are the services, cash and benefits in kind which are necessary in order to avert the particular social difficulties in a sustainable way. remove, mitigate, or prevent their aggravation. As a matter of priority, help for self-help is the provision of advice and personal support for the people seeking help and for their relatives, in the maintenance and procurement of an apartment, in the provision of training, and in the acquisition of a home. and securing a job, as well as building and maintaining social relationships and shaping everyday life. In the case of assistance, special features and special abilities and inclinations are to be taken into account. (3) In determining and determining the need for assistance, as well as in the preparation and continuation of a plan, the aim is to: the help seekers will be involved, taking into account the existing forces and abilities. Where an overall plan is drawn up, the identified needs and the measures to be taken in response to the need shall be identified and the relationship between them should be specified. In doing so, the associated use of the various aids according to the Twelfth Book of Social Code and other performance laws must be sought. To the extent necessary, the institution of social assistance shall cooperate with other parties on a case-by-case basis; in the case of persons before the completion of the 21. (4) The overall plan and measures must be reviewed as soon as circumstances justify the assumption that the aid is not or is no longer designed in a purposefully designed manner. (5) In stationary institutions the aid should only be granted for a limited period and only if an available out-patient or part-time assistance is not suitable and the inpatient assistance is part of a The overall plan is to draw up the support responsible for the stationary aid. of social assistance. If it is not possible to draw up an overall plan before the aid begins, it must be carried out immediately thereafter. The aid shall be reviewed after six months at the latest. Women's houses are not institutions within the meaning of sentence 1; outpatient measures in accordance with § § 3 to 6 are not excluded by the stay in a women's house. Unofficial table of contents

§ 3 Consultation and personal support

(1) In order to provide advice and personal support, it is above all necessary to identify the need for assistance, to identify the causes of the particular circumstances of life and social difficulties, to make them aware of the problems encountered in overcoming the special circumstances. (2) advise and promote their use and effectiveness in the provision of appropriate measures and appropriate assistance and offers, and to promote their use and effectiveness. personal support must be directed towards the Willingness and ability to maintain and develop, to participate in the overcoming of the special social difficulties and to live as far as possible independently of social assistance. They should also include necessary assistance in the use of eligible social benefits, in the use of debtor counselling or in the execution of matters involving authorities and courts. (3) Insofar as it is in the Individual case is required, the personal support also extends to the environment of the help search

1.

to awaken understanding of the nature of particular living conditions and the associated social difficulties and to counteract prejudices,

2.

To confront influences that affect the efforts and abilities to overcome particular social difficulties.

(4) Consultation and personal support may also be provided in groups where this type of assistance is appropriate to bring about the success of the measures. Unofficial table of contents

§ 4 Conservation and procurement of an apartment

(1) Measures for the maintenance and procurement of an apartment are, above all, the necessary advice and personal support. (2) As far as the measures referred to in paragraph 1 require, the assistance shall also include other services for the maintenance and procurement of: an apartment in accordance with the third chapter of the Twelfth Book of Social Code, in particular according to § 34. (3) Security measures allow the right to help overcome particular social difficulties in the conservation and procurement of a Apartment untouched. Unofficial table of contents

§ 5 Training, obtaining and securing a job

(1) Assistance for training and for obtaining and securing a job if other work-and employment-related measures are not considered in individual cases, in particular measures aimed at: and the willingness to maintain and develop skills, to pursue a regular activity and to earn a living for themselves and members of the labour market. (2) Measures may include, above all, such measures, The

1.

counteract the imminent loss of a training or workplace;

2.

enable the training of general-education schools to be obtained and to acquire the skills and skills necessary for the pursuit of employment on the general labour market,

3.

provide training for a suitable profession,

4.

the obtaining and securing of a suitable workplace or other appropriate work,

5.

allow the conclusion of employment relationships subject to social security contributions or promote the development of a livelihood through self-employment.

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§ 6 Help to build and maintain social relationships and to shape everyday life

The measures within the meaning of Section 68 (1) of the Twelfth Book of Social Code also include assistance for the establishment and maintenance of social relations and the shaping of everyday life. It includes, in particular, measures of personal assistance which:

1.

the encounter and dealing with other people,

2.

an active design, structuring and management of everyday life,

3.

an economic and health-conscious way of life,

4.

the visit of institutions or events that serve the conviviality, entertainment or cultural purposes,

5.

a sociable, athletic or cultural activity

promote or make it possible. Unofficial table of contents

Section 7 Entry into force, external force

This Regulation shall enter into force on the first day of the sixth calendar month following the date of delivery. At the same time, the Ordination for the Implementation of Section 72 of the Federal Social Assistance Act of 9 June 1976 (Federal Law Gazette) (BGBl. 1469), as amended by Article 4 (5) of the Law of 16 February 1993 (BGBl I p. 239), except for the force. Unofficial table of contents

Final formula

The Federal Council has agreed.