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Regulation on the implementation of § 17 para 2 to 4 of the ninth book of social security code (budget regulation - BudgetV) BudgetV Ausfertigung date: 27.05.2004 full quotation: "budget regulation of 27 May 2004 (BGBl. I S. 1055)" footnote (+++ text detection from: 1. 7.2004 +++) input formula on the basis of section 21a of the ninth book social code - rehabilitation and participation of disabled people - (article 1 of the law of 19 June 2001, Federal Law Gazette I p. 1046, 1047), by article 8 No. 4 of the Act of 27 December 2003 (BGBl. I S. 3022) is been inserted , ordered the Ministry of health and social security: article 1 scope the implementation of services in the form of personal budgets to § 17 para 2 to 4 of the ninth book of social code, the content of personal budgets as well as the procedure and the competence of the participating service providers are based on the following rules.
§ 2 participating service providers are services in the form of personal budgets of the rehabilitation funds, the maintenance funds and integration offices also services, which are not the participation-oriented benefits under the ninth book of the social code, by the institutions of the social assistance provided by health insurance also services help to maintain. Several service providers are involved in a personal budget is provided as cross-provider complex performance.
Section 3 procedure (1) who teaches competent achievers (Commissioner) pursuant to § 17 para 4 of the ninth book of the social code without delay on the performance of complex involved service providers and notified of these opinions, in particular to 1 the needs that can be met by budget-enabled services, taking into account the wishes and voting rights according to article 9, paragraph 1, of the ninth book of social code, 2. the amount of the personal budget as cash or vouchers , 3. the content of the target agreement according to § 4, 4. a counselling and support needs.
The participating service providers should submit their comments within two weeks.
(2) a request for services in the form of a personal budget to a common service facility is made, representative in the sense of paragraph 1 of the rehabilitation fund, the joint service centre is associated.
(3) the Commissioner and, where necessary, advise the participating service providers together with the person in a vehicle cross-demand approval process applicant the results of the findings made by them, as well as the target agreement to be concluded in accordance with article 4. A person of their choice is involved in the proceedings at the request of the person applicant.
(4) the participating service providers determine the attributable to them budget of part of according to the applicable law of performance on the basis of the results of the needs assessment procedure within one week after the conclusion of the proceedings.
(5) the Commissioner shall issue the administrative act, if a target agreement is completed according to § 4, and provides the service. Opposition and action directed against the Commissioner. Ongoing cash benefits are paid monthly in advance; in time the attributable to them budget of part of the Commissioner the participating service providers make available. With the withdrawal or the issuance of vouchers to the person applicant, whose claim against the institutions of power is satisfied in this respect.
(6) the necessary approval procedure for ongoing services repeats usually at a distance of two years. In justified cases may be derogated from it.
§ 4 objective (1) the target agreement between the person of the applicant and the representative agreement. It contains minimum rules on 1 the direction of individual incentives and performance objectives, 2. the necessity of a proof for the cover of identified individual needs, as well as 3 quality assurance.
(2) the person applicant and the Commissioner may cancel in writing the target agreement for cause with immediate effect if the continuation is unreasonable to them. An important reason may lie for the person delivering application particularly in the personal life situation. The person responsible for an important reason can occur, if the person applicant does not comply with the agreement, in particular as regards the proof to the needs and quality assurance. In the event of termination, the administrative act is repealed.
(3) the target agreement is completed within the framework of the necessary approval procedure for the duration of the approval period of the services of the personal budget unless otherwise stated from her.
Article 5 entry into force this regulation enters into force on 1 July 2004.
Concluding formula the Federal Council has approved.
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