Regulation implementing § 17 para. 2 to 4 of the Ninth Book Social Code (BudgetRegulation-BudgetV)Non-official table of contents
Date of expend: 27.05.2004
" Budget regulation of 27. May 2004 (BGBl. I p. 1055) "
(+ + + Text evidence from: 1. 7.2004 + + +)unofficial table of contents
On the basis of § 21a of the Ninth book Social Code-Rehabilitation and participation of disabled people-(Article 1 of the Act of 19. June 2001, BGBl. 1046, 1047), as defined by Article 8 (4) of the Law of 27. December 2003 (BGBl. I p. 3022), the Federal Ministry of Health and Social Security is ordering: Non-official table of contents
§ 1 Scope
The performance of services in the form of personal budgets according to § 17 (2) to (4) of the Ninth Book Social Code, the content of personal budgets as well as the procedure and the responsibility of the participating service providers shall be governed by the following provisions. Non-official table of contents
§ 2 performers
Services in the form of personal budgets will be provided by the rehabilitation providers, the Caregivers and the integration offices, from the health insurance companies also services that are not benefits for participation according to the Ninth Book Social Code, from the institutions of social assistance also services of help for the care. If several service providers are involved in a personal budget, it will be provided as a cross-carrier complex performance. Non-official table of contents
§ 3 Procedure
(1) The service provider responsible pursuant to § 17 (4) of the Ninth Book Social Code (Social Code) (Representative) shall immediately inform the performers involved in the complex performance and obtain them from these opinions, in particular
- the need to be covered by budget-capable services, taking into account the wish and the right to vote in accordance with § 9 para. 1 of the Ninth book social code,
- the amount of the personal budget as cash or coupons,
- the contents of the target agreement according to § 4,
- a consulting and support requirement.
The They are expected to deliver their opinions within two weeks.(2) If an application for services in the form of a personal budget is submitted to a joint service centre, the person responsible for the purpose of paragraph 1 shall be the rehabilitation carrier to which the joint service centre is assigned.(3) The representative and, where necessary, the relevant service providers shall consult, together with the person submitting the request, the results of the findings of the findings and the findings of the findings of a cross-party needs assessment procedure. in accordance with § 4 of the target agreement to be concluded. A person of their choice shall be involved in the proceedings at the request of the person making the request.(4) The participating service providers shall, in accordance with the performance law applicable to them, determine, on the basis of the results of the requirement determination procedure, the partial budget which they depart from within one week of the conclusion of the procedure.(5) The officer shall issue the administrative act when a target agreement is concluded in accordance with § 4 and shall provide the performance. Objection and action are directed against the representative. Current cash benefits are paid out monthly in advance; the participating service providers provide the agent with the partial budget that is due to them in good time. With the payment or the issuing of vouchers to the person submitting the application, their claim against the participating service providers is deemed to be fulfilled insofar as it is fulfilled.(6) The procedure for determining the requirements for current services shall be repeated, as a rule, at a distance of two years. In duly substantiated cases, it may be dismissed. Non-official table of contents
§ 4 Target agreement
(1) The target agreement will be between the applicant and the authorized representative. completed. It contains at least rules on
- the orientation of the individual delivery and Performance targets,
- the need for proof of meeting individual needs, as well as
- the quality assurance.
(2) The applicant's application and the agent may terminate the target agreement in writing with immediate effect, if any, if it is not reasonable for them to continue. An important reason for the person applying for the application may lie in particular in the personal life situation. There may be an important reason for the representative if the person submitting the request does not comply with the agreement, in particular with regard to the proof of needs and quality assurance. In the event of termination, the administrative act shall be repealed.(3) The target agreement shall be concluded within the framework of the requirements determination procedure for the duration of the period of approval of the services of the Personal Budget, insofar as it does not result from it deviating from the scope of the requirements. Non-official table of contents
§ 5 Entry into force
This regulation occurs on the 1. July 2004, in force. Non-official table of contents
The Bundesrat has agreed.