Regulation On The Implementation Of Assistance To Overcome Particular Social Difficulties

Original Language Title: Verordnung zur Durchführung der Hilfe zur Überwindung besonderer sozialer Schwierigkeiten

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Regulation on the implementation of assistance to overcome particular social difficulties BSHG § 72DV 2001 copy date: 24.01.2001 full quotation: "regulation on the implementation of assistance to overcome particular social difficulties of 24 January 2001 (BGBl. I S. 179), by article 14 of the Act of 27 December 2003 (BGBl. I S. 3022) has been changed" stand: amended by article 14 G v. 27.12.2003 3022 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from) : Distribution +++) heading: IdF d. Article 14 No. 1 G v. 27.12.2003 I 3022 mWv 1.1.2005 input formula on the basis of § 72 para 5 of the federal social assistance act as amended by the notice of 23 March 1994 (BGBl. I S. 646, 2975), the amended was article 1 No. 4 of the Act of 25 June 1999 (Federal Law Gazette I p. 1442), in connection with article 6 para. 1 of the law of 16 February 1993 (BGBl. I S. 239) , the Federal Ministry of labour and Social Affairs decreed: section 1 personal requirements (1) people live in particular social difficulties, if special circumstances so with social difficulties are connected, that overcoming the special living conditions requires the overcoming of the social difficulties. Help going to is to give people, as far as in them only through aid under this regulation the impending re-entry of particular social problems can be averted.
(2) special conditions of life are missing or insufficient housing, at unsecured basis of economic life, in violent circumstances, on release from a closed facility or similar adverse circumstances. Special living conditions can have their causes in circumstances or in the person of seeking help.
(3) social difficulties exist when a life in the community by contiguous from behavior of user or a third party is significantly restricted, in particular in connection with the maintenance or purchasing an apartment, with the obtaining or securing a job with family or other social relationships or delinquency.

Nature and scope of the measures (1) nature and scope of the measures depend on the aim of the seeking help to help themselves to empower, to participate in the life of the community, and to secure the leadership of a decent life § 2. Support of seeking help for the independent management of their particular social difficulties they should enable the location, to organize their lives according to their needs, desires and skills and independently to make. It is also to take account of that support are obliged to contribute own endeavours to overcome particular social difficulties. Services of other authorities or under other provisions of the twelfth book of social code, which are suitable within the meaning of this regulation, is to contribute; the rules on claims for reimbursement for service providers among themselves apply pursuant to paragraphs 102 to 114 of the tenth book of the social code as far as between carriers of social assistance.
(2) measures are service, monetary and in-kind contributions, which are necessary in order to avert the particular social difficulties sustainably, to eliminate, mitigate or to prevent its aggravation. Services of advice and personal support for the user and for their loved ones, in the conservation and purchasing an apartment in the mediation training, obtain and secure a job, as well as in building and maintaining social relationships and the design of everyday life are primarily as help for self-help. Assistance are gender - and age-related characteristics and special abilities and inclinations into account.
(3) in the investigation and identification of assistance needs, as well as in the creation and updating of a total plan the user, taking into account the existing powers and abilities to be involved. Creates an overall plan, are the need for determined and the corresponding to the demand for assistance measures to name and to specify, in relation to each other, it should be implemented. The associated use of different aid is the twelfth book of the social code and other power laws to seek. Insofar as it is necessary, the institution of social assistance with other participants in a particular case acts together; Work together with the support of the public youth welfare service is required for individuals before the age of 21 years.
(4) overall plan and measures are to check if circumstances justify the assumption that do not or no longer target meet designed the help is or rendered not work with their efforts.
(5) in in-patient facilities, aid should be only temporary and only granted, if an ambulant or stationary assistance available is not suitable and the stationary aid is part of an overall plan, the stationary aid competent institution of social welfare was involved in its creation. The creation of an overall plan before the help is not possible, it has to be immediately afterwards. The aid is to review at the latest after each six months. Women's shelters are no facilities within the meaning of sentence 1; outpatient measures be excluded according to the articles 3 to 6 by staying in a women's shelter.

§ 3 heard advice and personal support (1) to advice and personal support in particular, to determine the needs, to determine the causes of the special living conditions, as well as the social difficulties, to make them aware, about to overcome the special living conditions and social difficulties into consideration measures and appropriate assistance and organisations to teach, where necessary to be taught and to promote their use and effectiveness.
(2) advice and personal assistance must be geared to get the willingness and ability to develop, to join efforts in overcoming particular social difficulties and to live as far as possible independent of social assistance. You should include also required assistance in the recourse to consider future benefits, for the use of debt counselling or the settlement of affairs with public authorities and courts.
(3) as far as it is necessary in individual cases, the personal support also extends to counteract in the surroundings of seeking help 1 understanding of the way of the special living conditions and the social difficulties related to awaken and prejudices, 2. to counter influences which affect the efforts and capabilities to overcome particular social difficulties.
(4) advice and personal support may be granted also in group, if this kind of aid granting is appropriate to bring about the success of the measures.

Section 4 maintenance and purchasing an apartment (1) are measures for the conservation and purchasing an apartment above all the necessary advice and personal support.
(2) when it necessary measures referred to in paragraph 1, the aid includes also other services to maintain and purchase an apartment after the third chapter of the twelfth book of the social code, in particular pursuant to § 34. (3) measures of security without prejudice to the eligibility for assistance to overcome particular social difficulties in maintaining and purchasing an apartment.

§ 5 training, obtaining and securing a job (1) includes aid for training, as well as to obtain and secure a job when other labour and employment measures in individual cases not taken into consideration, to obtain in particular measures which are directed, the abilities and skills, and a willingness to develop, to pursue a regular employment and to earn the living for themselves and their families from earned income.
(2) measures especially those can include, counteract the impending loss of a job or training the 1st, allow 2 to repeat the general school education and to acquire the necessary skills and abilities for the exercise of gainful employment on the General labour market, training for a suitable profession enable 3., 4. the obtaining and securing a suitable work or other appropriate activities serve , 5. the conclusion of social security employment allow or promote the building of a livelihood through self-employment.

§ 6 also help to build and maintain social relationships and to the design of everyday life is help to build and maintain social relationships and to the design of everyday life the measures within the meaning of section 68, paragraph 1 of the twelfth book of the social code. Includes mainly measures of personal assistance, the 1st meeting and dealing with other people, 2. an economic and health-conscious way of life, 4. the visit of facilities or events, that the socializing, entertainment or cultural purposes, 5. a social, sporting or cultural activity promote an active design, structuring and management of everyday life, 3. or allow.

Article 7 entry into force, expiry
This regulation enter into force on the first day of the sixth calendar month following on the announcement. At the same time the Ordinance for the implementation of § 72 of the Federal Social Assistance Act of 9 June 1976 (BGBl. I S. 1469), amended by article 4 paragraph 5 of the law of 16 February 1993 (Federal Law Gazette I p. 239), override.

Concluding formula the Federal Council has approved.