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Social Code (SGB) Twelfth Book (XII)-Social Assistance-(Article 1 of the Law of 27 December 2003, BGBl. I p. 3022)

Original Language Title: Sozialgesetzbuch (SGB) Zwölftes Buch (XII) - Sozialhilfe - (Artikel 1 des Gesetzes vom 27. Dezember 2003, BGBl. I S. 3022)

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Social Code (SGB) Twelfth Book (XII)-Social Assistance-(Article 1 of the Law of 27 December 2003, BGBl. I p. 3022)

Unofficial table of contents

SGB 12

Date of completion: 27.12.2003

Full quote:

" The Twelfth Book of Social Law-Social Assistance-(Article 1 of the Law of 27 December 2003, BGBl. I p. 3022, 3023), most recently by Article 9 of the Law of 21 July 2014 (BGBl. I p. 1133).

Status: Last amended by Art. 9 G v. 21.7.2014 I 1133

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2005 + + +) 

The G was referred to as Article 1 (d). G v. 27.12.2003 I 3022 of the Bundestag with the consent of the Bundesrat. It occurs gem. Art. 70 (1) of this G mWv 1.1.2005 in force. By way of derogation, in accordance with. Section 70 (2), § § 40, 133 (2) of 31 December 2003, § § 24, 132, 133 (1), 1.1.2004, § § 57, 61 (2) sentences 3 and 4, in force on 1 July 2004 and section 97 (3) of 1 January 2007. Unofficial table of contents

table of contents

First chapter
General provisions
§ 1 The task of social assistance
§ 2 Social assistance
§ 3 Social assistance institutions
§ 4 Cooperation
§ 5 Relationship to the free welfare
§ 6 Professionals
§ 7 Task of the countries
Second chapter
Benefits of social assistance
First section
Principles of benefits
§ 8 Benefits
§ 9 Social assistance according to the peculiarity of the individual case
§ 10 Performance forms
§ 11 Advice and support, activation
§ 12 Performance Language
§ 13 Services provided for institutions, priority of other services
§ 14 Priority of prevention and rehabilitation
§ 15 Preventive and follow-up services
§ 16 Family-friendly services
Second section
Entitlement to benefits
§ 17 Claim
§ 18 Using social assistance
§ 19 Performers
§ 20 Marriage-like Community
Section 21 Special scheme for persons entitled to benefit after the Second Book
Section 22 Special arrangements for apprentices
Section 23 Social assistance for foreigners
§ 24 Social assistance for Germans living abroad
Section 25 Reimbursement of expenses incurred by others
Section 26 Limitation, offset
Third chapter
Livelihood help
First section
Eligible, necessary livelihood, regulatory requirements and rule sets
§ 27 Performers
§ 27a Necessary livelihood, control requirements and rule sets
§ 27b A necessary livelihood in institutions
§ 28 Determination of the control requirements
Section 28a Rule-on-demand continuation
§ 29 Setting and updating of the rules
Second section
Additional needs
§ 30 Multi-use
Section 31 Unique needs
Section 32 Contributions for health insurance and nursing care insurance
§ 33 Contributions to the pension plan
Third Section
Education and participation
Section 34 Demand for education and participation
§ 34a Provision of services for education and participation
§ 34b Legitimate self-help
Fourth Section
Accommodation and heating
§ 35 Accommodation and heating
§ 35a Statutes
§ 36 Other assistance to secure accommodation
Fifth Section
Granting of loans
Section 37 Complementary loans
§ 38 Temporary emergency loans
Sixth Section
Limitation of performance authority and scope
§ 39 Presumption of the requirement
Section 39a Limitation of performance
Seventh Section
Authorisation
§ 40 Authorisation
Fourth chapter
Basic safety in old age and in the case of disability
First section
Principles
Section 41 Performers
§ 42 Scope of benefits
Section 43 Use of income and wealth, consideration of maintenance claims
Second section
Procedural provisions
Section 44 Special arrangements for procedures and reimbursement payments
§ 45 Determination of permanent full employment reduction
Section 46 Cooperation with the institutions of pension insurance
Third Section
Reimbursement and competence
§ 46a Reimbursement by the Federal Government
§ 46b Responsibility
Fifth chapter
Health aid
§ 47 Preventive health care
§ 48 Help with illness
§ 49 Help with family planning
§ 50 Help with pregnancy and motherhood
Section 51 Sterilisation aid
Section 52 Performance, remuneration
Sixth chapter
Integration aid for disabled people
Section 53 Performers and Task
§ 54 Benefits of integration assistance
§ 55 Special arrangements for disabled persons in institutions
§ 56 Help in another employment site
Section 57 Cross-Strapline Personal Budget
Section 58 Overall plan
§ 59 Tasks of the Health Office
§ 60 Authorisation
Seventh chapter
Care Help
Section 61 Benefits and benefits
Section 62 Binding to the decision of the care fund
§ 63 Home care
Section 64 Care allowance
Section 65 Other benefits
Section 66 Performance Competition
Eighth chapter
Assistance to overcome specific social difficulties
Section 67 Performers
Section 68 Scope of benefits
Section 69 Authorisation
Ninth chapter
Help in other life situations
Section 70 Assistance for the continuation of the budget
Section 71 Altenhilfe
Section 72 Blind Help
Section 73 Help in other life situations
Section 74 Funeral expenses
Tenth chapter
Facilities
§ 75 Facilities and services
Section 76 Content of the agreements
Section 77 Conclusion of agreements
Section 78 Extraordinary dismissal of the agreements
§ 79 Framework contracts
§ 80 Arbitration
§ 81 Regulation
Eleventh chapter
Use of income and wealth
First section
Income
Section 82 Concept of income
Section 83 Services determined by purpose and content
Section 84 Benefits
Second section
Income limits for benefits after the Fifth to Ninth chapters
§ 85 Income Limit
§ 86 Deviating base amount
Section 87 Use of income above the income limit
Section 88 Use of income below the income limit
§ 89 Use of income in case of multiple needs
Third Section
Assets
§ 90 Assets to be used
Section 91 Loans
Fourth Section
Limitation of the calculation
§ 92 Credit for disabled persons
§ 92a Income from benefits for facilities
Fifth Section
Commitments of others
Section 93 Transition from entitlements
Section 94 Transfer of claims against a person under civil law maintenance
§ 95 Determination of social benefits
Sixth Section
Regulation
§ 96 Regulation
Twelfth chapter
Responsibility of social assistance institutions
First section
Factual and local competence
Section 97 Objective competence
Section 98 Local competence
§ 99 Reservation of dismissiles
Second section
Special provisions
§ 100 Responsibility due to the German-Swiss welfare agreement
§ 101 Government and Urban States-Clause
Thirteenth chapter
Cost
First section
Cost replacement
Section 102 Replacement of costs by heirs
Section 103 Reimbursement of costs in the case of debt-sticking behaviour
Section 104 Cost of benefits for unjustly provided services
Section 105 Cost of shopping expenses, non-refundable accommodation costs
Second section
Reimbursement of costs between the institutions of social assistance
Section 106 Reimbursement of expenses when staying in a facility
Section 107 Reimbursement of expenses for accommodation in another family
Section 108 Reimbursement of costs on entry from abroad
§ 109 Exclusion of habitual residence
§ 110 Amount of reimbursement
Section 111 Statute of limitations
Section 112 Country-level reimbursements
Third Section
Other arrangements
Section 113 Priority of reimbursement claims
Section 114 Compensation claims of social assistance providers under other provisions
§ 115 Transitional arrangements for the reimbursement of costs of entry from abroad
Fourteenth chapter
Procedural provisions
Section 116 Participation of socially experienced third parties
§ 116a Withdrawal of administrative acts
Section 117 Obligation to provide information
Section 118 Review, administrative assistance
§ 119 Scientific research on behalf of the Federal Government
§ 120 Authorisation
Fifteenth Chapter
Statistics
First section
Federal Statistics for the Third and Fifth to Ninth chapters
Section 121 Federal Statistics for the Third and Fifth to Ninth chapters
§ 122 Survey characteristics
§ 123 Auxiliary characteristics
Section 124 Periodicity, reporting period, and reporting time points
§ 125 Obligation to provide information
§ 126 Transmission, Publication
§ 127 Transmission to local authorities
§ 128 Additional surveys
Second section
Federal Statistics for the Fourth Chapter
§ 128a Federal Statistics for the Fourth Chapter
§ 128b Personal characteristics
§ 128c Type and level of needs
§ 128d The type and amount of income to be paid
§ 128e Auxiliary characteristics
§ 128f Periodicity, reporting period, and reporting time points
§ 128g Obligation to provide information
§ 128h data transmission, publication
Third Section
Authorisation
Section 129 Authorisation
Sixteenth chapter
Transitional and final provisions
§ 130 Transitional arrangements for ambulatory care
Section 131 Transitional arrangements for statistics on revenue and expenditure after the fourth chapter
Section 132 Transitional arrangements for the granting of social assistance for Germans living abroad
§ 133 Transitional arrangements for special aid to Germans pursuant to Article 116 (1) of the Basic Law
Section 133a Transitional arrangements for aid recipients in institutions
Section 133b (dropped)
Section 134 Transitional arrangements for the continuation of rule-of-regulation levels 4 to 6
§ 135 Transitional regime on the occasion of the Second Legal Purification Act
Section 136 Transitional arrangements for evidence in the years 2013 and 2014
Section 137 Transitional arrangements on the occasion of the law on the determination of rules requirements and amending the Second and Twelfth Book of Social Law
§ 138 Continuation of the rule requirements to 1 January 2012


Annex to § 28

First chapter
General provisions

Unofficial table of contents

§ 1 Task of social assistance

The task of social assistance is to enable those who are entitled to benefit to lead a life that corresponds to the dignity of the human being. The performance is intended to enable them to live as far as possible, regardless of their lives, and to work on them in accordance with their powers. In order to achieve these objectives, the beneficiaries and the institutions of social assistance shall cooperate in the context of their rights and obligations. Unofficial table of contents

§ 2 Follow-up of social assistance

(1) Social assistance shall not be given who may, above all, be able to assist himself, through the use of his or her labour, income and assets, or who may perform the necessary performance by others, in particular by relatives or by the institutions of other institutions. (2) The obligations of other social benefits, in particular those of a lower person or the institution of other social security benefits, shall remain unaffected. Any other legislation based on legislation must not be denied because the social welfare legislation provides for the provision of such benefits. Unofficial table of contents

§ 3 Support for social assistance

(1) Social assistance shall be provided by local and local institutions. (2) Local authorities of social assistance shall be the county-free towns and counties, unless otherwise determined by national law. In determining national law, it is necessary to ensure that the future local institutions agree to the transfer of these tasks, that they are capable of carrying out the tasks according to this book and that the (3) Countries are responsible for determining the local authorities of social assistance. Unofficial table of contents

§ 4 Cooperation

(1) The social assistance institutions shall cooperate with other bodies whose statutory tasks are intended to serve the same objective or which are to be or are to be involved in the performance of benefits, in particular with the institutions of benefits after the Second, the Eighth, the Ninth and the Eleventh Book, as well as with other institutions of social benefits, with the joint service points of the rehabilitation carriers and with associations. In addition, the social assistance institutions, together with the participants in the care-based points according to § 92c of the Eleventh Book, are to coordinate all assistance and support services to be considered for the provision of accommodation and care. (2) If the provision of a uniform, joint or complementary provision of services is offered, work groups should be formed for this purpose. (3) Insofar as the collection, processing and use of personal data are carried out. , the details shall be settled in an agreement. Unofficial table of contents

§ 5 Relationship with the free welfare

(1) The position of the churches and religious societies of public law, as well as of the associations of the free administration of welfare as the institution of their own social tasks and their activities for the performance of these tasks, shall not be carried out by this book (2) The institutions of social assistance shall cooperate in the implementation of this book with the churches and religious societies of public law, as well as the associations of the free administration of the welfare. In doing so, they respect their autonomy in the aim and performance of their tasks. (3) Cooperation should be directed at ensuring that social assistance and the activities of the free administration of welfare are effective for the benefit of the persons entitled to benefit. complement. The institutions of social assistance are intended to give appropriate support to the associations of the free administration of welfare in their activities in the field of social assistance. (4) If the benefit is provided in individual cases by the free administration of welfare, the institutions shall be responsible for the Social assistance will be subject to the implementation of its own measures. This does not apply to the provision of cash benefits. (5) The institutions of social assistance may, in general, participate in the performance of their tasks in accordance with this book, or to carry out such tasks. when the associations agree with the participation or transfer. The providers of social assistance shall remain responsible to the persons entitled to benefit. (6) § 4 (3) shall apply mutas to the corresponding application. Unofficial table of contents

§ 6 Experts

(1) In carrying out the tasks of this book, persons who are suitable for this purpose according to their personality and who have, as a general rule, either received a training corresponding to their duties or who have comparable experience (2) The social assistance institutions shall ensure the appropriate professional training of their staff for the performance of their duties. This also includes the implementation of services, in particular advice and support. Unofficial table of contents

§ 7 Task of the Länder

The highest national social authorities support the social assistance institutions in carrying out their tasks in accordance with this book. In particular, they shall aim at the exchange of experience between the institutions of social assistance, the development and implementation of services instruments, the targeted provision and verification of services and the provision of services. Promote quality assurance.

Second chapter
Benefits of social assistance

First section
Principles of benefits

Unofficial table of contents

§ 8 Benefits

Social assistance includes:
1.
Help for subsisting (§ § 27 to 40),
2.
Basic protection in old age and in the case of loss of employment (§ § 41 to 46a),
3.
Health assistance (§ § 47 to 52),
4.
Integration aid for disabled people (§ § 53 to 60),
5.
Assistance for care (§ § 61 to 66),
6.
Help to overcome special social difficulties (§ § 67 to 69),
7.
Help in other life situations (§ § 70 to 74)
, as well as the advice and support offered. Unofficial table of contents

§ 9 Social assistance according to the particularity of the individual case

(1) Services shall be governed by the specific nature of the individual case, in particular according to the nature of the needs, the local conditions, the person's own powers and means of the person or the household, in the event of assistance for subsisting. (2) Persons entitled to benefit from the performance of the performance shall be satisfied, insofar as they are appropriate. If the beneficiaries wish to meet the requirements in a stationary or in a part-stationary manner, they should only be satisfied if this is necessary according to the special nature of the individual case, because otherwise the need cannot be met or cannot be adequately covered. and if there are agreements in accordance with the provisions of the Tenth Chapter of this Book. As a general rule, the institution of social assistance is not intended to meet the wishes of which it would be associated with disproportionate additional costs. (3) At the request of the persons entitled to benefit, they should be accommodated in a facility in which they are to be provided by: the spiritual of their confession can be cared for. Unofficial table of contents

§ 10 Performance forms

(1) Services shall be provided in the form of:
1.
services,
2.
cash benefits and
3.
Benefits in kind.
(2) The provision of services includes, in particular, advice on social assistance matters and advice and assistance in other social matters. (3) Cash benefits shall take precedence over vouchers or benefits in kind, provided that this book is not The aim of social assistance is to be achieved in a much better or more economic way or with vouchers or benefits in kind, or if the persons entitled to benefit wishes to do so. Unofficial table of contents

§ 11 Advice and support, activation

(1) In order to fulfil the tasks of this book, the persons entitled to benefit shall be advised and, where necessary, supported. (2) The consultation shall cover the personal situation, the need and the own forces and resources as well as the possible strengthening self-help to actively participate in life in the community and to overcome the emergency situation. Active participation in life in the Community also includes a social commitment. In order to overcome the emergency situation, it is also necessary to enable the persons entitled to benefit to receive social benefits. The advice also includes a set of budget advice. (3) The support includes advice and, where necessary, the preparation of contacts and the monitoring of social services, as well as opportunities for active participation in life in the Community, including social engagement. To the extent that the beneficiaries can reasonably be expected to carry out an activity, the support also includes the offer of an activity as well as the preparation and monitoring of the persons entitled to benefit. The perception of support offers is to be added. If the person entitled to benefit can earn income by accepting a reasonable activity, they are obliged to do so and to take part in a necessary preparation. Persons entitled to benefit under the third and fourth chapters receive the necessary advice for dealing with the monthly flat-rate amount provided by the rule set (§ 27a (3) sentence 2). (4) The person entitled to benefit is entitled to Activities are not to be expected if:
1.
they are not in a position to do so because of a disability, illness, disability or need for care, or
2.
they have reached or exceeded a age corresponding to the age limit of statutory pension insurance (§ 35 of the Sixth Book), or
3.
of the activity is contrary to any other important reason.
In particular, they must not be allowed to carry out an activity, in so far as the orderly upbringing of a child would be endangered. The orderly upbringing of a child, which has completed the third year of life, is generally not at risk, provided that, taking into account the special circumstances in the family of persons entitled to benefit, the care of the child in a child's child is not endangered. Day-to-day or in-day care in accordance with the provisions of the Eighth Book is ensured; the institutions of social assistance shall work to ensure that single parents are offered a place for the child's day care. Otherwise, the duties to be taken into account by the persons entitled to benefit through the management of a household or the care of a family member are also to be taken into account. (5) On the advice and support of associations of the free welfare, of Members of the legal professions and other bodies must first of all be informed. Where further advice is provided by a debtor's advisory body or other specialist advisory bodies, it shall be added to their use. Reasonable costs of counseling according to the second sentence should be borne in the event that a life situation which requires or can be expected to provide assistance for the livelihood cannot otherwise be overcome; in other cases, costs may be incurred . The assumption of costs can also take the form of a lump sum payment of the performance of the debtor advisory office or other specialist advisory bodies. Unofficial table of contents

§ 12 Performance Abuse

Before or at the latest up to four weeks after the beginning of continuous services, the situation of the persons entitled to benefit and, where appropriate, ways of overcoming the emergency situation and the necessary conditions shall be provided in a written service agreement. the possibilities for active participation in the Community and the signing of the service agreement. To the extent that it is necessary on the basis of determinable needs, a funding plan must be drawn up and included in the performance debate. If services are to be reviewed with regard to the objectives that carry them, this can be specified in more detail in the performance debate. The service agreement should be reviewed and updated regularly. Deviating regulations in this book are going on. Unofficial table of contents

§ 13 Benefits for institutions, priority of other services

(1) Services may be used in accordance with the requirements of the individual case for the purpose of meeting the needs outside of facilities (outpatient services), for part-inpatient or inpatient facilities (in-patient or in-patient services) shall be provided. Priority shall be given to outpatient services prior to partial and inpatient services as well as in-patient services prior to stationary services. The priority of the outpatient service does not apply if a performance is reasonable for a suitable stationary facility and an outpatient service is associated with disproportionate additional costs. The decision must first of all be considered as reasonableness. The personal, family and local circumstances must be taken into account appropriately. In the event of unacceptability, a comparison of costs shall not be carried out. (2) Facilities within the meaning of paragraph 1 are all institutions which serve the care, treatment or other needs or upbringing to be covered by this book. Unofficial table of contents

§ 14 Priority of prevention and rehabilitation

(1) Services for prevention or rehabilitation are to be provided as a priority in order to achieve the objectives connected with these services in accordance with the Ninth book. (2) The institutions of social assistance shall inform the responsible persons responsible for the rehabilitation and the Integration offices when services are offered for prevention or rehabilitation. Unofficial table of contents

§ 15 Preventative and subsequent services

(1) Social assistance shall be provided in a preventive manner if it is able to avert a threat of emergency in whole or in part. § 47 shall be applied as a matter of priority. (2) Social assistance shall also be provided after the removal of a state of emergency, if necessary, in order to ensure the effectiveness of the performance previously provided. § 54 shall be applied as a priority. Unofficial table of contents

§ 16 Family-friendly benefits

In the case of social assistance benefits, account should be taken of the special circumstances in the family of persons entitled to benefit. Social assistance is intended to stimulate the forces of the family for self-help and to strengthen the cohesion of the family.

Second section
Entitlement to benefits

Unofficial table of contents

§ 17 Claim

(1) Social assistance shall be subject to a claim where it is determined that the performance is to be performed. The claim cannot be transferred, pledged or cared for. (2) The nature and extent of the service provision shall be determined at the discretion of the person, insofar as the discretion is not excluded. Where benefits are provided on the basis of discretionary decisions, decisions shall be reviewed in respect of the reasons and objectives which they carry out and, where appropriate, to be amended on a case-by-case basis. Unofficial table of contents

Section 18 inserting social assistance

(1) Social assistance, with the exception of the benefits of basic insurance in old age and in the event of a reduction in employment, shall be used as soon as it becomes known to the institution of social assistance or to the bodies entrusted by it that the conditions for the performance of the social assistance system are fulfilled. (2) Where a non-competent institution of social assistance or a non-competent municipality is aware, on a case-by-case basis, that social assistance is claimed, the circumstances known as such shall be the competent institution of social assistance or of the circumstances of to notify him immediately and to send any documents available to him. Where the conditions for performance are met, the social assistance shall be based on the date determined in accordance with the first sentence. Unofficial table of contents

§ 19 beneficiaries

(1) Assistance for subsisting under the Third Chapter shall be provided to persons who are unable or insufficiently able to carry out their necessary livelihood from their own resources and resources, in particular from their income and property. (2) Basic protection in old age and in the event of a reduction in employment according to the fourth chapter of this book is to be made to persons who have reached the age limit in accordance with § 41 paragraph 2 or the 18. They have completed their life-year and are permanently fully in employment, provided that they are unable or insufficiently able to make a living from their own resources and resources, in particular from their income and assets, or not. The benefits of basic protection in old age and in the case of reduced earning are provided by the help of living under the third chapter. (3) Aid to health, integration aid for disabled people, help for care, help to overcome particular social difficulties and aid in other circumstances shall be provided in accordance with the fifth to ninth chapters of this book, insofar as the persons entitled to benefit, their non-separated spouses or life partners, and, if they are are minor and unmarried, also their parents or a parent the application (4) Lives a person with their parents or a parent, and is pregnant or caring for their physical child until the end of the book. of the sixth year of life, the income and property of the parents or of the parent shall not be taken into account. (5) Where the persons referred to in paragraphs 1 to 3 are concerned, the income and assets referred to in paragraphs 1 and 2 shall be applied. or in accordance with paragraph 3, benefits and benefits have been provided to the Social assistance shall be replaced by expenditure on this level. (6) The right of the beneficiaries to benefits for the institutions or to the care allowance shall, in so far as the benefit has been provided to the beneficiaries, shall be liable to the person who is responsible for the performance of the service. has provided or provided the care. Unofficial table of contents

§ 20 Marriage-like Community

Persons living in a similar or life-partnership-like community may not be better placed than spouses in terms of conditions and the extent of social assistance. Section 39 shall apply accordingly. Unofficial table of contents

Section 21 Special arrangements for persons entitled to benefit in accordance with the Second Book

Persons who, according to the second book, are eligible for employment or who are members of the company, do not receive benefits for the living. By way of derogation from sentence 1, persons who are not in need of assistance in accordance with § 9 of the Second Book may receive benefits according to § 36. Where there are different views on the competence of the service providers involved, the competent institution of social assistance for entitlement to benefit under the third or fourth chapter shall be the subject of the determination of a full Reduction in employment within the meaning of Section 43 (2) sentence 2 of the Sixth Book and, after the conclusion of the appeal proceedings, is bound by the Agency's decision for work on the employability in accordance with Section 44a (1) of the Second Book. Unofficial table of contents

Section 22 Special arrangements for apprentices

(1) apprentices whose training under the Federal Training Promotion Act or § § 51, 57 and 58 of the Third Book is basically eligible shall not be entitled to benefits under the third and fourth chapters. In special cases of hardship, benefits may be granted under the third or fourth chapter as an aid or loan. (2) Paragraph 1 shall not apply to apprentices,
1.
which, pursuant to Article 2 (1a) of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz), are not entitled to a vocational training allowance or, pursuant to § 60 of the Third Book, no entitlement to vocational training allowance,
2.
the requirements of which are measured in accordance with § 12 (1) No. 1 of the Federal Education Promotion Act or § 62 (1) of the Third Book, or
3.
who attend an evening school, a dinner school or an evening gymnasium, provided that they are not entitled to a training grant pursuant to Section 10 (3) of the Federal Training Promotion Act (Bundesausbildungsförderungsgesetz).
Unofficial table of contents

Section 23 Social assistance for foreigners

(1) Foreigners who are in fact resident in the country shall be provided with a means of subsisting, assistance in the event of illness, pregnancy and motherhood, as well as assistance for the care provided for in this book. The provisions of the fourth chapter shall remain unaffected. In addition, social assistance may be provided, where justified on a case-by-case basis. The restrictions set out in the first sentence shall not apply to foreigners who are in possession of a settlement permit or a temporary residence permit and are likely to reside permanently in the territory of the Federal Republic of Germany. Legislation under which other social assistance is to be provided or is to be provided in addition to the benefits referred to in the first sentence shall remain unaffected. (2) Beneficiaries under § 1 of the Asylum Seekers Benefits Act shall not receive benefits (3) Foreigners who have entered to obtain social assistance, or whose right of residence results solely from the purpose of seeking employment, and their family members shall not be entitled to social assistance. If they have entered a disease for the purpose of treatment or alleviation, help in the event of illness should only be used to remedy an acute life-threatening condition or to treat a severe treatment which has been inexorably and inadvertably offered. or contagious disease. (4) Foreigners to whom social assistance is provided shall be informed of any return and further migration programmes which apply to them; in appropriate cases, recourse to such programmes shall be made available to: (5) In the parts of the Federal territory in which foreigners are The institution of social assistance which is responsible for the actual location of residence may only provide the necessary service in accordance with the circumstances in which the person is responsible for the purpose of foreign law. The same applies to foreigners who have a spatially unrestricted residence permit in accordance with § § 23, 23a, 24 (1) or § 25 (3) to (5) of the Residence Act if they reside outside the country in which the residence permit is was granted for the first time. Sentence 2 shall not apply if the foreigner enjoys the legal status of a foreign refugee in the territory of the Federal Republic of Germany or if the transfer to another country for the exercise of the rights to protect marriage and the family under Article 6 of the Basic Law or, for similar reasons, justified. Unofficial table of contents

Section 24 Social assistance for Germans living abroad

(1) Germans who have their habitual residence abroad do not receive any benefits. This can only be deviated from this in the individual case, insofar as this is unavoidable due to an exceptional emergency situation and at the same time it is proved that a return to the home country is not possible for the following reasons:
1.
Care and upbringing of a child, which must remain abroad for legal reasons,
2.
longer-term care in a facility or severity of the need for care, or
3.
Sovereign power.
(2) Services shall not be provided in so far as they are provided or expected to be provided by the country of residence or by others who are obliged to do so. (3) The nature and extent of the provision of services and the use of income and property shall be directed to: in accordance with the special conditions in the country of residence. (4) The benefits are to be applied for by way of derogation from § 18. The person responsible for the benefits shall be the local social assistance institution in whose field the person carrying the application is born. If the place of birth is abroad or if it is not to be determined, the locally competent institution shall be determined by an arbitration body. § 108 (1) sentence 2 applies accordingly. (5) Life of spouses or life partners, relatives and persons who have not been insured in the event of social assistance, the local jurisdiction shall be determined by the oldest person born in Germany. If none of these persons is born in Germany, a common local institution shall be determined in accordance with paragraph 4. The responsibility remains for as long as one of the persons under the first sentence of social assistance is required. (6) The institutions of social assistance work together with the German services abroad. Unofficial table of contents

Section 25 Repayment of expenses Other

If, in the event of an accident, a person has provided other services which would not have been to be provided in the event of a timely onset of social assistance, the expenses shall be reimbursed to him if he does not have to pay them on the basis of legal or legal provisions. Moral duty to carry on its own. This shall only apply if the refund is requested within a reasonable period of time to the competent institution of social assistance. Unofficial table of contents

§ 26 Restriction, offsetting

(1) The performance shall be restricted to the subsistant to the subsistant
1.
in the case of persons entitled to benefit, after completion of the 18. Have reduced their income or assets with the intention of achieving the conditions for granting or increasing the performance;
2.
in the case of persons entitled to benefit, who continue their uneconomic behaviour in spite of their instruction.
As far as possible, it must be prevented that the dependants or other eligible persons living with them in the household are affected by the limitation of the performance. (2) The performance may be limited to the Essential elements of the social assistance institution against a person entitled to benefits shall be included in the case of claims for reimbursement of unjustly rendered benefits of the social assistance provided by the person entitled to benefit or their representative, by intentionally or grossly negligently incorrect or has caused incomplete or undue disclosures, or if it is a claim for cost replacement according to § § 103 and 104. The possibility of charging for a claim is limited to three years; a new entitlement of the social assistance institution to reimbursement or to reimbursement of costs may be recounted. (3) A netting as referred to in paragraph 2 may also be taken, if services are accepted for a need which has already been covered by previous benefits of social assistance to the person entitled to benefit. (4) A set-off does not take place in so far as the health services are used for this reason. at risk.

Third chapter
Livelihood help

First section
Eligible, necessary livelihood, regulatory requirements and rule sets

Unofficial table of contents

§ 27 beneficiaries

(1) Aid for living is to be provided to persons who are unable to make their necessary livelihood or insufficiently from their own resources and resources. (2) Own resources are, in particular, their own income and wealth. In the case of spouses or life partners who are not living separately, the income and assets of both spouses or life partners must be taken into account jointly. If underage unmarried children belong to the household of their parents or a parent, and they cannot deny the necessary livelihood from their income and assets, subject to § 39 sentence 3, point 1, also the (3) Aid for living can also be provided to persons who can make their necessary livelihood from their own resources and powers, but do not carry out any necessary activities. A reasonable cost contribution may be required from the persons entitled to benefit. Unofficial table of contents

§ 27a Required livelihood, control requirements and rule sets

(1) The livelihood necessary to ensure the minimum existence of a living includes, in particular, nutrition, clothing, personal care, household energy, household energy, without the share of heating and the production of hot water, personal Needs of daily life as well as accommodation and heating. To the personal needs of daily life, there is an acceptable level of participation in social and cultural life in the Community; this is particularly true of children and young people. For pupils, the necessary livelihood also includes the necessary support for schooling. (2) The total amount of living required under paragraph 1, with the exception of the needs after the second to fourth sections, is the result of the monthly rule requirements. This is divided into rule-demand levels, which take into account age-related differences in children and adolescents and the number of adults in the household and the management of a household. (3) To meet the regulatory requirements, which are according to the rule requirements of the Appendix to § 28, monthly rule sets must be granted. The rule set represents a monthly lump sum for the purpose of determining the rule needs, the use of which the persons entitled to benefit decide on their own responsibility; in doing so, they have the occurrence of irregularly occurring needs. (4) In individual cases, the individual requirements shall be determined by way of derogation from the rule set if a need is covered in whole or in part in some other way or if it is independent of its height, deviating significantly from an average demand. If the performance entitlement is less than one month, the rule set must be made up proportionally. Where persons entitled to benefit are accommodated in another family, in particular in a foster family, or in the case of persons other than their parents or a parent, the individual requirements shall, as a rule, be different from the rule sets in the amount of the actual cost of accommodation, provided that the costs do not exceed a reasonable amount. Unofficial table of contents

Section 27b Necessary living in institutions

(1) The necessary subsisting in facilities includes the additional necessary living conditions in the institutions as well as in inpatient facilities. The necessary living in stationary facilities corresponds to the extent of the services provided by the basic insurance in accordance with § 42 (1), (2) and (4). (2) The further necessary living shall include, in particular, clothing and a reasonable amount of cash to be paid. Personal information; § 31 (2) sentence 2 shall not apply. Performers who are entitled to 18 years of age They shall receive a cash amount equal to or greater than 27 per cent of the standard requirement level 1 according to the Appendix to § 28. For those who are entitled to benefit, the 18. The amount of the cash amount shall be fixed by the competent national authorities or by the bodies designated by them in respect of the facilities in their own area. The amount of the cash will be reduced to the extent that it is not possible to use it as intended by or for the persons entitled to benefit. Unofficial table of contents

Section 28 Determination of the rules requirements

(1) If the results of a nationwide new income and consumption sample are available, the level of the rule requirements shall be re-determined in a federal law. (2) In the determination of the federal average rule requirements in accordance with § 27a, paragraph 2 shall take into account the status and development of net income, consumer behaviour and the cost of living. The basis for this is the actual consumption expenditure of lower income groups, which is proven by the income and consumption sample. (3) The Federal Ministry of Labour and Social Affairs is responsible for determining the level of regulation needs. Federal Statistical Office with special devaluations, which are to be carried out on the basis of a new sample of income and consumption. Special devaluations on the consumption expenditure of households of lower income groups are to be made at least for households (reference households) where only one adult is living (one-person households), as well as for households where couples with a child (family households). It is necessary to specify which households which receive benefits under this book and the second book are not to be considered as reference households. For the purpose of determining the share of the reference households in the respective households of the special devaluations, a sample size which is sufficiently large for statistical purposes shall be ensured. (4) The special evaluation referred to in paragraph 3 shall be subject to the following conditions: Consumption expenditure of the reference households shall be considered as relevant to the determination of the levels of rule requirements, insofar as they are necessary to ensure the minimum existence of the existence and to enable a simple way of life, such as have low-income households that do not support their livelihood exclusively from services according to this or the second book. Consumption expenditure of the reference households is not to be considered as relevant to the rule-making requirement if it is to be found in the case of persons entitled to benefit according to this book or the second book
1.
are covered by national or national right-of-service claims, which are used to finance individual consumption positions of the special devaluations, and these benefit claims are not an eligible income according to § 82 or § 11 of the second book or
2.
is not incurred because of a uniform level of benefit throughout the country.
The sum of the consumption expenditure of the reference households, which is relevant to the rules on the basis of rates 1 and 2, is the basis for the examination of the level of regulation requirements, in particular for the age limits of children and young people. The amounts of consumption expenditure relevant to the determination of the rule requirements levels to be used for the determination of the rule requirements levels shall be updated accordingly with the rate of change resulting in accordance with Section 28a (2). The amount of the sums of the consumption expenditure relevant to the regulations according to rate 3 shall be rounded up to less than EUR 0.50 and shall be rounded up to EUR 0.50 and shall result in the level of control requirements (annex). Unofficial table of contents

Section 28a Continuation of the rule requirements

(1) In years in which no new determination is made in accordance with § 28, the level of regulation requirements shall be continued on 1 January with the rate of change resulting in accordance with paragraph 2. § 28 (4) sentence 5 applies accordingly. (2) The continuation of the standard requirements is based on the Federal average development of prices for goods and services relevant to the rule-of-law as well as the average development of the Federal Republic of Germany Net wages and salaries per employed worker according to the national accounts (mixed index). The rate of change in each case is the result of the change in the twelve-month period starting from 1 July of the previous year and ending on 30 June of the previous year, as compared with the twelve-month period during which the change was made. For the purpose of determining the annual rate of change of the mixing index, the rate of change resulting from the evolution of the prices of all goods and services relevant to the rule-related needs shall be 70 of the hundred and the rate of change resulting from the Development of net wages and salaries per employed worker resulting change rate with a share of 30 from the hundred. (3) The Federal Ministry of Labour and Social Affairs instructs the Federal Statistical Office to determine the rate of change the annual rate of change for the period referred to in the second sentence of paragraph 2:
1.
the prices of all goods and services relevant to the rules and
2.
the average net salary and salary per average of employed workers.

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Section 29Setting and updating of the rules

(1) If the rule requirements are re-determined in accordance with § 28, these shall be deemed to be newly established rule rates (redetermination) as long as the countries do not make a different redefinition. Sentence 1 shall apply accordingly if the rule requirements are updated in accordance with § 28a. (2) If the countries present a different redetermination, they shall have the level of the monthly rule rates according to the classification of the rule requirements according to the Appendix to § 28 , by means of a new legal regulation. You may transfer the authorization for the redetermination according to sentence 1 to the competent State Ministries. For the different redetermination of the income and consumption sample, according to § 28 of the Federal-wide evaluation of the income and consumption sample, according to § 28 regulations according to the Federal Republic of Germany, according to regional evaluations of the The income and consumption sample should be based on the level of rule requirements. Countries may also take into account special circumstances relating to the coverage of regulatory requirements in the realignment of the rule sets. Rules fixed in accordance with paragraph 1 or rates 1 to 4 may be fixed by the countries as minimum rates of regulation. The fourth sentence of Article 28 (4) and (5) shall apply in respect of the determination of the rates of rule 1 to 4. (3) Countries may authorise the institutions of social assistance, on the basis of minimum rates determined in accordance with the fifth sentence of paragraph 2, regional aid In fixing the rules, the social assistance institutions may take into account regional characteristics and statistically verifiable variations in consumption expenditure. The fourth sentence of Article 28 (4) and the fifth sentence of paragraph 4 shall apply in respect of the determination of the sets of rules set out in the first sentence of paragraph 1. (4) Where the rates of rule set out in paragraphs 2 and 3 are fixed by way of derogation from the rule-level requirements in accordance with § 28, these shall be in the years in which no According to § 28, the rule requirements are to be re-determined in each case on 1 January by means of a decree-law of the Länder with the rate of change of the rule requirements resulting from the legal regulation in accordance with § 40. (5) The following paragraphs (5) The following are the provisions of the legal regulation of the Länder. the rules laid down in accordance with paragraph 4 shall be deemed to be in accordance with the requirements of the rules on § 28.

Second section
Additional needs

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Section 30 Multidemand

(1) For persons who:
1.
have reached the age limit in accordance with section 41 (2), or
2.
have not yet reached the age limit in accordance with § 41 (2) and are fully in-work according to the Sixth Book,
and by a communication of the authority responsible pursuant to § 69 (4) of the Ninth Book or an ID according to § 69 (5) of the Ninth Book the determination of the Mark G, a additional requirement of 17 from the hundred of the authoritative (2) for expectant mothers according to the 12. A week of pregnancy is recognised as a surplus of 17 from the hundred of the relevant rule level, unless there is a different need in individual cases. (3) For persons who live together with one or more minor children, and for their care and upbringing alone, there is no need to recognise additional needs unless there is a different need
1.
in the case of a child under seven years of age, or for two or three children under the age of sixteen, of 36 of the hundred of the standard-requirement level 1, according to the Appendix to § 28; or
2.
in the amount of 12 from the hundred of the standard requirement level 1 according to the Appendix to § 28 for each child, if the conditions laid down in point 1 are not available, but at the most at the level of 60 of the hundred of the rule requirement level 1 according to the Appendix to § 28.
(4) For disabled persons, the 15. If they have completed their life-year and are provided with the aid for integration in accordance with § 54 (1), first sentence, no. 1 to 3, a additional requirement of 35 shall be recognized by the hundred of the relevant rule-of-law level, unless there is a different need in individual cases. The first sentence may also be applied at the end of the services referred to in Article 54 (1), first sentence, no. 1 to 3, during a reasonable transitional period, in particular a period of time of familiaration. Paragraph 1 (2) shall not be applied in addition. (5) For the sick, the genesis, the disabled person or persons threatened by a disease or a disability, which require a cost-intensive diet, there will be an additional need for an adequate amount of food. (6) The sum of the additional requirements to be recognised as a whole under paragraphs 1 to 5 shall not exceed the level of the relevant regulatory level. (7) For beneficiaries, additional requirements shall be recognised, in so far as hot water is used in the Accommodation installed equipment is generated (decentralized hot water production) and therefore do not provide any services for hot water pursuant to § 35 (4). The additional requirements shall be for each person who is living in the household according to their level of control according to the Appendix to § 28, in each case
1.
2.3 from the hundreds of control needs levels 1 to 3,
2.
1.4 from the hundred of the rule requirement level 4,
3.
1.2 of the hundred of the rule requirement level 5 or
4.
0.8 of the hundred of the rule requirement level 6,
where there is no specific need in individual cases, or a part of the appropriate hot water demand is covered by the services provided for in Article 35 (4). Unofficial table of contents

Section 31 One-off requirements

(1) Services for
1.
initial equipment for the home, including household appliances,
2.
Initial equipment for clothing and initial equipment in pregnancy and childbits, and
3.
Purchase and repair of orthopaedic shoes, repair of therapeutic equipment and equipment as well as the rent of therapeutic equipment
(2) A person claiming social assistance (requesting person) shall, even if no rules are to be granted, provide benefits for one-off needs as referred to in paragraph 1 if they are not made up of his own powers and Can fully cover funds. In such a case, account may be taken of the income which they acquire over a period of up to six months after the end of the month in which the performance has been decided. (3) The benefits referred to in paragraph 1 (1) and (2) may be considered as Lump sums are to be provided. In the calculation of the flat-rate amounts, appropriate information shall be taken into account of the necessary expenditure and the amount of experience that has been shown to be comprehensible. Unofficial table of contents

Section 32 Contributions for health and nursing care insurance

(1) For compulsory insured persons within the meaning of § 5 (1) (13) of the Fifth Book, § 2 (1) No. 7 of the Second Law on the Health Insurance of Farmers, for further insured persons within the meaning of § 9 (1) (1) of the Fifth Book and Section 6 (1) No. 1 of the second law on the health insurance of farmers and for pension claimants, which are considered to be a member of a sickness insurance fund in accordance with § 189 of the Fifth Book, the health insurance contributions shall be taken over, to the extent that the above mentioned Persons fulfil the requirements of § 27 (1) and (2). Section 82 (2) no. 2 and 3 shall not apply to this extent. In the case of compulsory insured persons within the meaning of § 5 (1) (13) of the Fifth Book and Section 2 (1) (7) of the Second Law on the Health Insurance of Farmers, which are subject to the conditions set out in Article 27 (1) and (2) only on account of the payment of contributions , the contributions shall be paid directly and in full upon request of the competent sickness insurance fund; the persons entitled to benefit shall be informed in writing and of an obligation pursuant to section 19 (5). The requirement of the health insurance company in accordance with sentence 4 has to contain a proof that an appropriate use of the services for contributions by the person entitled to benefit is not secured. (2) For voluntary insured persons within the meaning of § 9 Paragraph 1 (2) to (8) of the Fifth Book, or Section 6 (1) (2) of the Second Law on the Health Insurance of Farmers, may be covered by health insurance contributions in so far as the conditions set out in Article 27 (1) and (2) are fulfilled. In order to maintain a voluntary health insurance, such contributions are accepted if assistance for living is expected to be provided only for a short period of time. § 82 (2) (2) and (3) shall not apply in this respect. (3) Insofar as contributions to health insurance are taken over under paragraphs 1 and 2, the related contributions to the nursing care insurance will also be taken over. (4) The acquisition of the Contributions under paragraphs 1 and 2 shall also include the additional contribution rate in accordance with § 242 (1) of the Fifth Book to insured persons under the fifth book. (5) If there is health insurance with an insurance company, the expenses shall be: insofar as they are appropriate and fulfil the requirements of section 19 (1). If the entitlement to benefit is expected only for a short period of time, higher expenses can also be assumed for the maintenance of health insurance in an insurance company. Section 82 (2) no. 2 and 3 shall not apply to this extent. To the extent that costs for health insurance are taken over under the terms of sentences 1 and 2, the expenses for a nursing care insurance are also taken over. The expenditure on sickness insurance in accordance with the first sentence and the corresponding expenses for a care insurance in accordance with the fourth sentence shall be payable to the insurance undertaking in which the person entitled to benefit is insured. Unofficial table of contents

Section 33 Contributions for the provision of care

(1) In order to meet the requirements of a right to an adequate retirement pension, the necessary expenses may be incurred, in particular:
1.
contributions to statutory pension insurance,
2.
contributions to the agricultural age group,
3.
contributions to occupational pension schemes which provide comparable benefits to statutory pension insurance schemes,
4.
Contributions for own capital-covered pension provision in the form of a life-long pension if the contract does not cover the payment of a monthly life-long life-long life-long life-long pension, not before the completion of the 60. years of life, and
5.
Funded pension contributions in accordance with § 82 of the Income Tax Act, insofar as they do not exceed the minimum personal contribution according to § 86 of the Income Tax Act.
(2) In order to meet the requirements of a right to an adequate death grant, the necessary expenses may be taken over.

Third Section
Education and participation

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§ 34 Demand for education and participation

(1) Requirements for education in accordance with paragraphs 2 to 7 of pupils attending a general or vocational school, as well as needs of children and young people for participation in social and cultural life in the Community, according to: Paragraph 6 shall be taken into account in addition to the relevant levels of rule-of-law. Services for this purpose shall be provided separately in accordance with the provisions of § 34a. (2) Requirements shall be recognised by pupils in the amount of the actual expenses for
1.
School trips and
2.
multi-day class trips within the scope of the school regulations.
In the case of children who attend a daycare facility, the first sentence applies. (3) In the case of pupils for the month in which the first day of the school is located, the amount of 70 Euro and the amount of the first day of schooling is 70 Euro for pupils and pupils. The month in which the second half-year of school starts is recognised at EUR 30. (4) For pupils who are dependent on student support for the visit to the nearest school of the chosen course of education, they will be shall take account of the actual expenditure required, in so far as they are and it is not possible for the person entitled to benefit to be able to dispute them out of the rule requirement. As a rule, an amount of 5 euros per month applies as a reasonable own benefit. (5) For pupils, a school offer is taken into account for appropriate learning support, provided that these are suitable and additionally required. in order to achieve the essential learning objectives defined in accordance with the provisions of the school law. (6) In the case of participation in a joint lunch, the resulting additional expenses shall be taken into account for:
1.
Pupils and pupils
2.
Children who visit a day facility or are provided for the day care of the day.
This applies to students on the condition that the lunchtime catering is offered in school responsibility. In the case of the second sentence, the number of school days in the country in which the school attendance is to take place must be used for the determination of the monthly requirements. (7) For persons entitled to benefit, until the completion of the 18. A total of EUR 10 per month shall be taken into account for a total of EUR 10 per month for participation in social and cultural life in the Community.
1.
Membership fees in the fields of sports, games, culture and sociability,
2.
Teaching in artistic subjects (for example, music lessons) and comparable initiated activities of cultural education and
3.
participation in free time.
In addition to taking into account requirements as set out in the first sentence, further actual expenses may also be taken into account if they arise in connection with the participation in activities referred to in the first sentence of the first sentence of 1 to 3 and if they are the beneficiaries of the activities referred to in shall not be able to be justified in exceptional cases, which shall be subject to the rule-making requirements. Unofficial table of contents

§ 34a Provision of services for education and participation

(1) Services to meet the requirements of § 34 (2) and (4) to (7) shall be provided on request. Even if no rule sets are to be granted, a requesting person will be provided for requirements in accordance with § 34, if it cannot completely cover it from its own resources and resources. The services to meet the requirements of § 34 (7) remain disregarded in the provision of services according to the Sixth Chapter. (2) Services to meet the requirements of § 34 (2) and (5) to (7) are provided by property and/or Services, in particular in the form of personalised vouchers or direct payments to providers of services to meet these needs (providers); the competent institutions of social assistance shall determine the form in which they perform the services. They may also determine that the services provided for in § 34 (2) are covered by cash benefits. The requirements of § 34 (3) and (4) shall be covered by cash benefits. The competent institutions of social assistance can count on providers in a flat-rate way. (3) If the requirements are covered by vouchers, the services are considered to be provided with the issue of the voucher. The competent institutions of social assistance shall ensure that vouchers can be redeemed at appropriate providers or in order to take account of their own offers. Vouchers can be issued in advance for the entire duration of the approval period. The validity of vouchers is appropriate for a limited period of time. In the case of loss, a voucher should be issued again to the extent that it has not yet been used. (4) If the requirements are met by direct payments to providers, the benefits are considered to be provided. A direct payment is possible in advance for the entire authorisation period. (5) In the justified individual case, the competent institution of social assistance may require proof of a suitable use of the service. To the extent that the proof is not conducted, the decision to grant consent shall be revoked. Unofficial table of contents

§ 34b Authorised self-help

If the person entitled to performance benefits from payment to the provider in advance, the institution of the social assistance shall be obliged to take over the expenses which are eligible for consideration, to the extent that:
1.
without prejudice to the second sentence, the conditions for the granting of benefits in order to meet the needs at the time of self-help in accordance with § 34 (2) and (5) to (7); and
2.
at the time of self-help, the purpose of the service was not to be achieved by provision as a service or service without fault of its own, or not to be reached in time.
If the person entitled to benefit was not able to submit an application in good time, he/she shall be deemed to have been submitted at the time of the self-acceptance.

Fourth Section
Accommodation and heating

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§ 35 Accommodation and heating

(1) Services for the accommodation shall be provided in the amount of the actual expenses. Benefits for the accommodation shall be payable to the landlord or any other person entitled to receive at the request of the person entitled to the benefit. They are to be paid to the landlord or other eligible persons, if the appropriate use by the person entitled to the benefit is not ensured. In particular, this is the case where:
1.
There are leases which entitle to an extraordinary termination of the tenancy;
2.
Energy cost arrears which entitle energy supply to an interruption of energy supply,
3.
there are specific indications of a sickness or addictive inability of the person entitled to benefit to use the funds in a suitable manner; or
4.
concrete evidence that the person who is registered in the debtor's register does not use the funds in a suitable manner.
If the accommodation and heating services are paid to the landlord or other eligible person, the institution of the social assistance shall inform the person entitled to the benefit in writing. (2) The expenses for the accommodation shall be paid by the person responsible for the accommodation and heating. To the extent appropriate to the specific nature of the individual case, they shall be recognised as a need for the persons whose income and assets are to be taken into account in accordance with Article 27 (2). Sentence 1 shall apply as long as it is not possible or not to be granted to such persons, by means of a change of housing, by renting or by other means, to reduce expenses, but as a rule for a maximum period of six months. Prior to the conclusion of a contract for a new accommodation, the competent authorities shall inform the competent institution of social assistance of the relevant circumstances in accordance with the provisions of sentences 1 and 2. If the expenses for the new accommodation are unduly high, the institution of the social assistance shall only be obliged to take over reasonable expenses, unless it has previously agreed to the expenses exceeding that. Housing costs, rental costs and repayment costs can be accepted with prior consent; rental deposits are to be provided as loans. Consent shall be given if the move is initiated by the institution of social assistance or is necessary for other reasons and if, without the consent, an accommodation cannot be found within a reasonable period of time. (3) The Social assistance shall be subject to the provision of a monthly flat-rate allowance in respect of its area of accommodation, provided that adequate free living space is available on the local housing market and, in individual cases, the lump-sum does not apply to the accommodation market. is unreasonable. In the calculation of the flat rate, account shall be taken of the actual circumstances of the local housing market, of the local leasing mirrors and of the family circumstances of the persons entitled to benefit. The first sentence of paragraph 2 shall apply in accordance with. (4) Services for heating and central hot water supply shall be provided in actual amount to the extent that they are appropriate. The services can be paid off by a monthly flat rate. In the calculation of the flat rate, the personal and family circumstances, the size and nature of the apartment, the existing heating possibilities and the local conditions must be taken into account. Unofficial table of contents

§ 35a Statute

If a county or a district-free city has issued a statutes in accordance with Articles 22a to 22c of the Second Book, it shall be deemed appropriate for the provision of benefits for the accommodation pursuant to Article 35 (1) and (2) of the competent social assistance institution, provided that it is in accordance with § § In accordance with the provisions of the second book, the second paragraph of the second book provides for special arrangements for persons with special needs for accommodation and heating, while also taking account of the needs of older people. This also applies to services for heating pursuant to § 35 (4), in so far as the articles of association contain provisions in accordance with § 22b (1) sentences 2 and 3 of the Second Book. In cases of sentences 1 and 2, Articles 35 (3) and 4 (2) and (3) shall not apply. Unofficial table of contents

Section 36 Other assistance to secure accommodation

(1) Debt can only be accepted if this is justified in order to secure the accommodation or to remedy a comparable emergency situation. They are to be taken over if this is justified and necessary and if there is otherwise a danger of homelessness. Cash benefits may be provided as an aid or as a loan. (2) If a court has to file a lawsuit on the eviction of accommodation in the case of termination of the tenancy in accordance with § 543 (1), 2 sentence 1 (3) in conjunction with § 569 (3) of the Civil code, the court shall immediately inform the competent local institution of social assistance or the body responsible for carrying out the tasks referred to in paragraph 1 of this Article with:
1.
the date of receipt of the action;
2.
the names and addresses of the parties;
3.
the amount of the monthly rent to be paid,
4.
the amount of the leased tenancy claimed and the claim made, and
5.
the date of the oral proceedings, provided that it is already determined.
In addition, the day of legal action may be communicated. The transmission does not apply if the non-payment of the rent according to the content of the application does not seem to be based on the insolvency of the tenderer. The transmitted data may also be used for corresponding purposes of the war victim care under the Federal Supply Act.

Fifth Section
Granting of loans

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Section 37 Supplementary loans

(1) In an individual case, it is not possible to cover in any other way a need which is covered by the regulatory requirements and which, in the circumstances, cannot be met in any other way, should the necessary services be provided as a loan. For persons entitled to benefit under Section 27b (2) sentence 2, social assistance shall take over the payments in the form of a supplementary loan to be made by them up to the limit of charge (§ 62 of the Fifth Book), unless the person entitled to the benefit is entitled to contradicts. The payment of the payments to be made for the entire calendar year shall be made directly to the competent sickness insurance fund as of 1 January or, if it is received, to a stationary institution. At the latest by 1 November of the previous year, the social assistance institution shall inform the competent sickness fund of the persons entitled to benefit in accordance with the second sentence of Article 27b (2), in so far as they are granted the loan granted in accordance with the first sentence of the first sentence of the preceding year, for the current or preceding year. In the cases referred to in the third sentence of paragraph 2, the sickness fund shall, through the institution of social assistance, issue the certificate referred to in the first sentence of Article 62 (1) of the Fifth Book, in each case by 1 January or in the case of inclusion in the a stationary institution and shall inform the institution of the social assistance of the amount of the (4) For the repayment of loans referred to in paragraph 1, the monthly rules may be subject to partial amounts up to the level of the 5 will be withheld from the hundred of the rule requirement level 1 after the installation to § 28. The repayment of loans as referred to in paragraph 2 shall be effected in equal instalment over the calendar year. Unofficial table of contents

Section 38 Loans in the event of a temporary emergency

(1) If services pursuant to § 27a (3) and (4), the cash amount pursuant to § 27b (2) and § § 30, 32, 33 and 35 are to be provided only for a short period of time, cash benefits may be granted as loans. Loans to members of household communities within the meaning of Section 19 (1) sentence 2 may be granted to individual members or to several members jointly. (2) The regulation of § 105 para. 2 shall apply mutatily.

Sixth Section
Limitation of performance authority and scope

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Section 39 Mututation of the requirement

If a person in question lives in an apartment or other accommodation together with other persons, it is presumed that they are working together (household community) and that the person in question is the other person in the same place. Persons receiving benefits for a living, insofar as this can be expected according to their income and assets. To the extent that it is not managed jointly or that the requesting person does not receive sufficient living support from the members of the household community, their assistance shall be provided for subsistent living. Sentence 1 shall not apply
1.
for pregnant women or persons who care for their physical child up to the completion of their sixth year of life and who live together with their parents or a parent, or
2.
for persons who are disabled within the meaning of § 53 or are in need of care within the meaning of § 61 and are cared for by persons mentioned in sentence 1; this shall also apply if the above conditions threaten to enter into force and the common housing is essentially the purpose of ensuring the provision of aid and supplies.
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Section 39a Restriction of performance

(1) In contrast to their obligation to take up an activity or to take part in a necessary preparation, the relevant standard requirement level shall be reduced by up to 25 per cent in a first stage, in the case of a person entitled to receive an activity or to take part in a necessary preparation. repeated rejection in further stages by up to 25 per cent each. The persons entitled to benefit are to be lecturing accordingly. (2) § 26 (1) sentence 2 shall apply.

Seventh Section
Authorisation

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Section 40 Regulation empowerment

The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Finance, has a legal regulation with the consent of the Federal Council
1.
determine the percentage of the percentage required for the continuation of the rule-of-law stages in accordance with section 28a; and
2.
to supplement the Annex to Article 28 in order to supplement the rule-of-law requirements resulting from the update referred to in point 1 on 1 January of one year.
The percentage of the percentage referred to in the first sentence of the first paragraph shall be calculated to two decimal places; the second decimal place shall be increased by one if one of the digits 5 to 9 is obtained in the third decimal place. The provisions of the first sentence shall be up to 31. October of the respective year.

Fourth chapter
Basic safety in old age and in the case of disability

First section
Principles

Unofficial table of contents

§ 41 beneficiaries

(1) Older and permanently fully employed persons with normal residence in Germany who are unable to earn their necessary living from income and property in accordance with § § 82 to 84 and 90 are subject to basic security in the case of the Age and in the case of disability. § 91 is to be applied. (2) entitlement to benefit due to age pursuant to paragraph 1 shall be the person who has reached the age limit. Persons born before 1 January 1947 reach the age limit with the completion of the 65. Life Year. For persons born after 31 December 1946, the age limit shall be increased as follows:


for the birth year is an increase for months on the completion of a life of
1947 1 65 years and 1 month
1948 2 65 years and 2 months
1949 3 65 years and 3 months
1950 4 65 years and 4 months
1951 5 65 years and 5 months
1952 6 65 years and 6 months
1953 7 65 years and 7 months
1954 8 65 years and 8 months
1955 9 65 years and 9 months
1956 10 65 years and 10 months
1957 11 65 years and 11 months
1958 12 66 years
1959 14 66 years and 2 months
1960 16 66 years and 4 months
1961 18 66 years and 6 months
1962 20 66 years and 8 months
1963 22 66 years and 10 months
1964 onwards 24 67 years.
(3) entitlement to benefit is due to a permanent full reduction in employment as referred to in paragraph 1, who is the 18. (4) is entitled to a full employment reduction in the sense of Section 43 (2) of the Sixth Book, and is unlikely to be able to remedy the full reduction in employment. (4) Benefits under this chapter have the effect of deliberately or grossly negligent action over the last ten years. Unofficial table of contents

§ 42 Scope of benefits

The benefits of basic insurance in old age and in the case of disability include:
1.
the rules shall apply in accordance with the standard requirements of the Appendix to § 28; § 27a (3) and 4 (4) sentences 1 and 2; § 29 (1) sentence 1, last sentence, and (2) to (5) shall not apply;
2.
the additional requirements referred to in the second section of the third chapter;
3.
the needs for education and participation in accordance with the third section of the third chapter, with the exception of requirements in accordance with § 34 (7),
4.
the costs of accommodation and heating in accordance with the fourth section of the third chapter; in the case of services in a stationary institution, the costs of accommodation and heating shall be equal to the average reasonable actual value of the accommodation and heating to lay down expenses for the rent of a single-person household in the area of the social assistance institution competent pursuant to § 98,
5.
supplementary loans pursuant to Article 37 (1).
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§ 43 Use of income and wealth, consideration of maintenance claims

(1) The income and assets of the non-separately living spouse or partner, as well as of the partner of a similar or life-partnership-like community exceeding the necessary living conditions in accordance with § 27a, shall be: § 39 Sentence 1 shall not apply. (2) Receive persons entitled to benefit under the third chapter in a country pursuant to § 29 (1), last sentence, and (2) to (5) fixed and continued rule sets, and shall see the national law in to this country for eligible persons under this Chapter, an increase in performance, then is not to be considered as an income in accordance with § 82 (1). (3) Rights of the persons entitled to benefits to their children and their parents shall not be taken into account, provided that their total annual income within the meaning of Section 16 of the The fourth book is less than EUR 100 000. It shall be presumed that the income of the maintenance person in accordance with the first sentence does not exceed the limit laid down in that paragraph. In order to refute the presumption provided for in the second sentence, the competent institution responsible for the implementation of the law in accordance with this Chapter may require claims to be made by the person concerned to draw conclusions on the income ratios of the maintenance staff. to allow for the first sentence. Where there is sufficient evidence on a case-by-case basis for the income limit referred to in the first sentence to be exceeded, the children or parents of the persons entitled to benefit shall be subject to the provisions of the law provided for in this Chapter. to provide information on their income ratios, to the extent that the implementation of this book requires it. The obligation to provide information shall include the obligation to submit evidence or to consent to the submission of evidence at the request of the institution responsible for carrying out the law in accordance with this Chapter. Persons entitled to benefit shall not be entitled to benefits under this Chapter if the presumption in accordance with sentence 4 and 5 is refuted in accordance with the provisions of the second sentence.

Second section
Procedural provisions

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Section 44 Special arrangements for procedures and reimbursement payments

(1) The performance shall normally be granted for twelve calendar months. In the case of the initial authorization or in the event of a change in performance, the period of authorisation shall begin on the first of the month in which the application has been made or the conditions for the amendment have been met and communicated. In the case of an initial authorization after the receipt of unemployment benefit II or social benefits in accordance with the second book, which ends with the age limit according to § 7a of the Second Book, the period of approval shall begin with the first of the month on which the According to § 7a of the Second Book, the following month follows. If a change does not lead to a beneficiary's benefit, the new period of authorisation shall begin at the first of the following month. (2) A performance agreement according to § 12 may take place on a case-by-case basis. (3) The rules on reimbursement between the institutions of social assistance referred to in the second section of the Thirteenth Chapter shall not be applicable to cash benefits under this Chapter. Unofficial table of contents

Section 45 Determination of permanent full employment reduction

The institution responsible for the implementation of the law in accordance with this Chapter shall request the institution of the pension insurance institution responsible in accordance with § 109a (2) of the Sixth Book to examine the medical conditions laid down in Article 41 (3) if it applies to: The reason for the evidence and evidence of the person entitled to benefit appears to be probable that they are met and that the income and assets to be taken into account are not sufficient to fully cover the livelihood. The decision of the institution of the pension insurance shall be binding on the requesting institution responsible for the implementation of the law in accordance with this Chapter; this shall also apply to a decision of the institution of the pension insurance scheme in accordance with § 109a (a) 3 of the Sixth Book. A request for a sentence 1 shall not be required if:
1.
a pension insurance institution has already established the conditions laid down in Article 41 (3) in the context of an application for a pension on the grounds of disability, or
2.
a pension insurance institution has already issued an expert opinion in accordance with Section 109a (2) and (3) of the Sixth Book, or
3.
The technical committee of a workshop for disabled persons has issued an opinion in accordance with § § 2 and 3 of the Workshop Ordinance on admission to a workshop or institution, and the power-entitled force by law according to § 43 Paragraph 2, third sentence, point 1 of the sixth book shall be deemed to be fully in employment.
The municipal top associations and the German Pension Insurance Association can conclude agreements on the procedure. Unofficial table of contents

Section 46 Cooperation with the institutions of the pension insurance

The competent institution of the pension insurance company shall inform and advise persons entitled to benefit under section 41, who are entitled to pension rights, on the conditions of performance and on the procedure provided for in this Chapter. Persons who are not entitled to a pension will be advised and informed on request. If the pension is less than 27 times the current pension value in the statutory pension insurance scheme (§ § 68, 68a, 255e of the Sixth Book), the information must also be accompanied by an application form. The institution of the pension insurance institution shall send a request received, together with a communication on the amount of the monthly pension and on the existence of the conditions for the entitlement to benefit in each case for the implementation of the law, the institution responsible for this chapter. An obligation on the part of the institution of the pension insurance under sentence 1 shall not apply where benefits under this Chapter are not used in respect of the amount of the pension paid and the other income to be paid in the pension scheme. Consideration is given.

Third Section
Reimbursement and competence

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Section 46a reimbursement by the Federal Government

(1) The Federal Government shall reimburse the Länder
1.
in 2013, a 75 percent share, and
2.
from 2014, a share of 100 per cent
The net expenditure incurred in respect of cash benefits under this Chapter in respect of the institutions responsible for the implementation of the law in accordance with this Chapter in each calendar year. (2) The amount of the net expenditure on cash benefits referred to in paragraph 1 shall be determined by: the gross expenditure of the institutions responsible for the implementation of the law in accordance with this Chapter, less the revenue generated by those cash benefits. Revenue in accordance with the first sentence shall be, in particular, revenue from expenses, expenses and replacement claims after the Thirteenth Chapter, insofar as these shall be attributable to cash benefits under this Chapter, from the transfer of claims pursuant to § 93 as well as from Refunds of other social service providers according to the Tenth Book. (3) The countries are eligible for refunds on 15 March, 15 June, 15 September and 15 December of the year in question. To the extent that the refund is claimed for payments which have already been made at the end of a financial year because of the timely receipt by the beneficiary, but are not due until the next financial year, the amount of the refund shall be: (4) The countries shall ensure that the expenditure incurred in respect of cash benefits is justified and substantiated by the institutions responsible for the implementation of the law in accordance with this Chapter, and that the principles relating to: Economic efficiency and economy. You have this to the Federal Ministry of Labour and Social Affairs by showing the gross expenditure for the country as well as for the institutions responsible pursuant to Section 46b as a whole and including for the
1.
Regular services pursuant to section 42 (1),
2.
additional needs in accordance with § 42, point 2,
3.
Requirement in accordance with § 42, point 3, insofar as they are not required pursuant to § 34 (3) and (4),
4.
Accommodation costs according to § 42, point 4,
5.
Loans pursuant to § 42 (5)
as well as for the revenue referred to in the second sentence of paragraph 2, in tabular form. The records must be submitted in each of the fifteenth months of February, May, August and November for each quarter; however, for the first quarter of 2015 as of May 15, 2015. (5) For the first time in 2015, the countries will have the following records for the first quarter of 2015. Show net expenditure for the previous year up to 31 May of the following year. The expenditure on cash benefits shall be shown in accordance with the breakdown of the surveys in accordance with Section 128c (1) to (5), (6) (c) and (d) and (7). The revenue shall be established in accordance with the second sentence of paragraph 2. The proofs are to be provided in tabular form. Unofficial table of contents

Section 46b Jurisdiction

(1) The institutions responsible for the implementation of the law in accordance with this Chapter shall be determined in accordance with the law of the country, unless otherwise provided for in paragraph 3. (2) § § 3, 6 and 7 shall not apply. (3) The twelfth chapter shall not be applicable if there is no deviation from the sentences 2 and 3. In the case of persons entitled to benefit under this Chapter, the stay in a stationary institution and in facilities for the execution of judicial detention shall not be considered to be a habitual residence; § 98, paragraph 2, sentence 1 to 3, shall be: shall apply accordingly. § 98 (5) is to be applied in accordance with the provisions of this chapter to persons who receive benefits after the sixth to eighth chapters in forms of outpatient residential accommodation.

Fifth chapter
Health aid

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Section 47 Prevention of health care

Medical care and examinations are provided for the prevention and early detection of diseases. Other services are provided only if a medical condition or other health damage is likely to occur without them after a medical judgement. Unofficial table of contents

Section 48 Aid in the event of illness

In order to identify, heal, prevent the aggravation or alleviate disease problems, medical treatment services shall be provided in accordance with the Third Chapter, Fifth Section, First Title of the Fifth Book. The arrangements for the treatment of sick leave in accordance with § 264 of the Fifth Book shall cover the benefits of assistance in the case of illness as set out in the first sentence. Unofficial table of contents

Section 49 Help on family planning

For family planning, medical advice, the necessary examination and the regulation of the contraceptive means are provided. The costs of contraceptive funds shall be borne by the doctor if they have been prescribed. Unofficial table of contents

§ 50 Assistance in pregnancy and motherhood

In pregnancy and motherhood
1.
medical treatment and care as well as midwifery,
2.
Supply with medicine, association and cures,
3.
Care in a stationary facility and
4.
Home care services according to § 65 (1)
. Unofficial table of contents

§ 51 Aid for sterilisation

In the case of a sterilization required by illness, medical examination, advice and evaluation, medical treatment, medical care, association and cures, as well as hospital care are provided. Unofficial table of contents

§ 52 Performance provision, remuneration

(1) The aid in accordance with § § 47 to 51 shall correspond to the benefits of statutory health insurance. To the extent that health insurance companies can determine the scope and content of the services in their articles of association, the institution of social assistance decides on the scope and content of the aid in accordance with the right of discretion. (2) Beneficiaries of the benefits shall have the free choice among the doctors and dentists and hospitals in accordance with the provisions of statutory health insurance. Aid shall only be provided in the smallest amount which can be achieved by application of § 65a of the Fifth Book. (3) In the case of the provision of benefits in accordance with § § 47 to 51, the statutory health insurance funds shall be published in accordance with the fourth chapter of the Fifth Book. shall apply in force with the exception of the third title of the second section. Doctors, psychotherapists within the meaning of § 28 (3) sentence 1 of the Fifth Book and Dentists shall be entitled to pay for their benefits, which is established by the local sickness insurance fund, in the area of which the doctor, psychotherapist or the dentist is established, is paying for its members. The obligations arising from § § 294, 295, 300 to 302 of the fifth book for the service providers shall also apply to the settlement of benefits under this chapter with the institution of social assistance. The agreements pursuant to § 303 (1) and § 304 of the Fifth Book shall apply to the institution of social assistance. (4) Beneficiaries who are not insured in the statutory health insurance shall be subject to the conditions laid down in section 39a Sentence 1 of the Fifth Book of Stationary and Partial Hospitalization in Hospizen of the grant to be paid by the statutory health insurance funds in accordance with § 39a sentence 3 of the Fifth Book. (5) For medical rehabilitation services according to The first sentence of Article 54 (1) shall apply in accordance with paragraphs 2 and 3.

Sixth chapter
Integration aid for disabled people

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§ 53 Performance and Task

(1) Persons who, by means of a disability within the meaning of § 2 (1) sentence 1 of the Ninth book, are significantly restricted in their ability to participate in the company or are threatened by such an essential disability, receive benefits of the Integration assistance, if and as long as the specific nature of the individual case, in particular according to the nature or severity of the disability, has the prospect that the task of the integration aid can be fulfilled. Persons with a different physical, mental or mental disability can receive the benefits of the integration assistance. (2) Persons at risk of disability are persons in whom the entrance of the disability according to professional knowledge with a high degree of disability is threatened. Probability is to be expected. This applies to persons for which preventive health care and assistance in the event of illness is required in accordance with § § 47 and 48, only if there is a risk of a disability also in the performance of these services. (3) Special task of the Integration aid is to prevent or eliminate impending disability or to mitigate or mitigate the consequences of the disability and to integrate disabled people into society. This includes, in particular, enabling or facilitating the participation of disabled persons in life in the Community, to enable them to pursue an appropriate profession or other appropriate activity or to enable them to do so as far as possible; as far as possible independent of care. (4) The provisions of the Ninth Book apply to the benefits of participation, insofar as nothing deviates from this book and from the legal regulations issued pursuant to this book. The responsibility and the conditions for the performance of the participation are based on this book. Unofficial table of contents

Section 54 Benefits of integration assistance

(1) In addition to the services provided for in § § 26, 33, 41 and 55 of the Ninth Book, the benefits of the integration assistance are in particular:
1.
Support for adequate schooling, in particular in the context of compulsory education and the attendance of secondary schools, including preparation for this; the provisions on the possibility of schooling within the framework of the general education and training programme Compulsory education shall remain unaffected,
2.
Assistance for school education for a suitable occupation, including the visit of a university,
3.
assistance in training for any other appropriate activity,
4.
Assistance in comparable other places of employment in accordance with § 56,
5.
follow-up help to ensure the effectiveness of medical and medically prescribed services and to ensure the participation of disabled people in working life.
The services for medical rehabilitation and participation in working life correspond in each case to the rehabilitation services of the statutory health insurance or the Federal Employment Agency. (2) Obtained disabled persons or from a disability Persons at risk in a stationary institution are eligible for the integration assistance, they or their relatives can be provided for mutual assistance, provided that it is necessary on a case-by-case basis. (3) A performance of the Integration assistance is also the help for care in a foster family, to the extent that A suitable caregister for children and young people in their household during the day and night, thereby avoiding or ending the stay in a fully-stationary facility for the assistance of the disabled. The care person requires permission in accordance with § 44 of the Eighth Book. This Regulation shall not enter into force on 31 December 2018. Unofficial table of contents

Section 55 Special arrangements for disabled persons in institutions

If the services of the integration assistance for disabled persons are provided in a full-time facility of assistance for disabled persons within the meaning of § 43a of the Eleventh Book, the performance also includes the care services in the institution. If the institution of the institution determines that the disabled person is in need of care in such a way that care cannot be ensured at the facility, the institution of social assistance and the responsible care fund shall agree with the Establishment bodies that the performance will be provided in another facility, taking into account the appropriate wishes of the disabled person. Unofficial table of contents

Section 56 Help in another employment centre

Assistance may be provided in a similar place of employment comparable to that of the recognised workshops for disabled persons in accordance with § 41 of the ninth book. Unofficial table of contents

§ 57 Carrier cross-carrier personal budget

Persons entitled to benefit according to § 53 may also receive assistance from the integration assistance as part of a cross-carrier personal budget on application. § 17 (2) to (4) of the Ninth Book in conjunction with the Budget Regulation and § 159 of the Ninth Book are to be applied to this extent. Unofficial table of contents

Section 58 Total plan

(1) The social assistance institution shall, as soon as possible, draw up an overall plan for the implementation of the individual benefits. (2) In drawing up the overall plan and the performance of the benefits, the institution of social assistance shall have the effect of acting on the basis of the disabled persons and those who are otherwise involved in the individual case, in particular with the attending physician, the health office, the state doctor, the Youth Welfare Office and the services of the Federal Employment Agency. Unofficial table of contents

Section 59 Tasks of the Health Office

The health office or the body designated by national law shall be responsible for:
1.
persons with disabilities or persons entitled to a person with a disability in accordance with the type and severity of the disability, including medical and other services of the integration assistance in consultation with the attending physician, also during and after the implementation of Advising on remedial measures and benefits of the integration assistance; the consultation is with the consent of the disabled person or the person with the right of person in consultation with the bodies involved in the implementation of the services of the integration assistance or persons. If the disabled person is already in medical treatment, the health office is in contact with the treating physician. An official leaflet is to be handed out during the consultation. In consultation with the national physicians, the consultation must be carried out in consultation with the local authorities,
2.
, with the consent of the disabled person or the person entitled to the person with the joint service point, in accordance with § § 22 and 23 of the Ninth book, to clarify the rehabilitation needs and the necessary for the benefits of the integration assistance to coordinate preparation and
3.
to evaluate the documents and to forward them to the planning of the necessary facilities and for further scientific evaluation after further determination of the responsible supreme state authority. The names of disabled persons and persons entitled to personal rights are not to be disclosed in the case of the forwarding of the documents.
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Section 60 Regulation empowerment

With the approval of the Federal Council, the Federal Government may, with the consent of the Federal Council, lay down provisions on the demarcation of the persons entitled to benefit of the disabled person, on the nature and extent of the benefits of the integration aid and on the Enact cooperation with other bodies carrying out the benefits of the integration assistance.

Seventh chapter
Care Help

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§ 61 Benefits and benefits

(1) Persons who, on account of a physical, mental or mental illness or disability, for the ordinary and regular recurrent directions in the course of daily life, in the long term, likely for at least six months, in are to be provided with a significant or higher degree of assistance, aid is to be provided for. Assistance for care shall also be provided to the sick and disabled persons who are likely to be in need of care for less than six months, or who are less than required by the first sentence, or who are in need of assistance in other directions than those referred to in paragraph 5 of this Article. In the case of services for a stationary or part-stationary institution, this applies only if it is necessary according to the specific nature of the individual case, in particular out-patient or part-inpatient services are not reasonable or are not (2) Aid for care includes home care, aids, part-time care, Short-term care and inpatient care. The contents of the services provided for in the first sentence shall be determined in accordance with the provisions of the nursing care insurance for the services listed in § 28 (1) no. 1, 5 to 8 of the Eleventh Book; § 28 (4) of the Eleventh Book shall apply accordingly. The help for care can also be provided on request as part of a cross-carrier personal budget. § 17 (2) to (4) of the Ninth Book in conjunction with the Budget Regulation and § 159 of the Ninth Book are to be applied to this extent. (3) Diseases or Disabilities within the meaning of paragraph 1 are:
1.
Loss, paralysis or other malfunctions in the musculos-musculos-musculosa,
2.
Functional disorders of the internal organs or of the sensory organs,
3.
disorders of the central nervous system, such as driving, memory or orientation disorders, as well as endogenous psychoses, neuroses or mental disabilities,
4.
Other diseases or disabilities resulting from persons in need of care within the meaning of paragraph 1.
(4) The requirements of paragraph 1 shall consist of assistance, partial or complete adoption of the directions in the course of daily life, or supervision or guidance with the objective of taking over the same (5) Ordinary and recurrent directions within the meaning of paragraph 1 are:
1.
in the area of personal care, washing, showers, bathing, dental care, combing, shaving, emptying of intestines and bladder,
2.
in the field of nutrition, the right to food or to the intake of food,
3.
in the area of mobility, the self-employed standing up and walking, lining and lining, walking, standing, climbing stairs or leaving and relocating the apartment,
4.
in the area of domestic supply, shopping, cooking, cleaning the apartment, rinsing, changing and washing the laundry and clothes and heating.
(6) The regulation according to § 16 of the Eleventh Book, the guidelines of the caregivers according to § 17 of the Eleventh Book, the ordinances according to § 30 of the Eleventh Book, the framework contracts and federal recommendations on the nursing care according to § 75 of the Eleventh Book Book and the agreements on quality assurance in accordance with § 113 of the Eleventh Book to determine the concept of the need for care, the content of the care, the accommodation and catering and the delimitation, height and Adjustment of the care allowance according to § 64 appropriate application. Unofficial table of contents

Section 62 Binding to the decision of the care fund

The decision of the care fund on the extent of the need for care in accordance with the Eleventh Book must also be based on the decision taken in the context of the care assistance, insofar as it is based on facts which must be taken into account in both decisions . Unofficial table of contents

§ 63 Häusliche Care

If, in the case of Section 61 (1), domestic care is sufficient, the institution of social assistance shall aim to ensure that the care, including the provision of domestic services, is provided by persons who are close to the person in need of care or as a neighbourhood aid is taken over. The more detailed rules are § § 64 to 66. In a stationary or partially inpatient facility, care in need of care does not provide services for home care. Sentence 3 does not apply to temporary stays in a hospital in accordance with § 108 of the Fifth Book or a pre-care or rehabilitation facility in accordance with § 107 (2) of the Fifth Book, to the extent that those in need of care in accordance with § 66 (4) sentence 2 of their care ensure that special caregivers are employed by them. The priority benefits of the care money for self-procured nursing aids in accordance with § § 37 and 38 of the Eleventh Book are to be set off. Section 39 of the Fifth Book remains unaffected. Unofficial table of contents

§ 64 Care allowance

(1) In need of care in the case of personal care, nutrition or mobility for at least two directions from one or more areas at least once a day, and in addition several times a week in the case of the aid of the In accordance with § 37 (1) sentence 3 (1) of the Eleventh Book. (2) Nursing persons who are in need of care in the area of personal care, nutrition or mobility for the benefit of the care of the elderly. require a number of directions at least three times a day at different times of the day and in addition several times a week in need of assistance in the provision of domestic services (in need of care), a care allowance is given in the amount according to § 37 (1) sentence 3 no. 2 of the Eleventh Book. (3) Body care, nutrition or mobility for several directions daily around the clock, even at night, requiring help and in addition several times a week in need of assistance in the provision of domestic services (in need of care for the most severely dependent), receive a care allowance in the amount of the amount according to § 37 (1) sentence 3 No. 3 of the Eleventh Book. (4) For children in need of care, additional care is required as a result of illness or disability. (5) The entitlement to the care allowance requires that the person in need of care and the persons entitled to care should be entitled to care for dependent children with the care allowance to ensure their extent according to the necessary care in a suitable way. If the claim does not apply for the full calendar month, the amount of money shall be reduced accordingly. In the case of a reduction, the calendar month shall be set at 30 days. The care allowance will be paid until the end of the calendar month in which the person in need of care has died. If the care fund provides all or part of its services in accordance with section 37 (6) of the Eleventh Book, the obligation to perform is no longer required in accordance with paragraphs 1 to 4. Unofficial table of contents

§ 65 Other Services

(1) In the sense of Section 61 (1), the person in need of care must reimburse the appropriate expenses of the carer; adequate aid can also be provided and contributions from the carer for an adequate retirement provision shall be taken over if: it is not otherwise guaranteed. If, in addition to or instead of the care provided for in § 63 sentence 1, the use of a special care force is required or a consultation or temporary relief of the carer is required, the reasonable costs must be taken over. (2) Needy, who In addition, the expenses for the contributions of a carer or a special nurse for an adequate retirement pension are to be reimbursed if the care allowance is not otherwise ensured. Unofficial table of contents

§ 66 Performance Competition

(1) Services in accordance with § 64 and § 65 (2) shall not be provided to the extent that care needs of the same kind are provided in accordance with other legislation. However, benefits under § 72 or similar benefits under other legislation of 70 of the hundred, long-term care allowances according to the Eleventh Book are to be calculated on the amount of the care allowance. (2) The benefits under § 65 are provided in addition to the services according to § 64. If the benefits are provided in accordance with Section 65 (1) or similar services under other legislation, the care allowance can be reduced by up to two-thirds. (3) In case of part-time care of those in need of care or of a comparable one, the allowance cannot be paid. According to this book, the care allowance can be appropriately reduced in accordance with § 64. (4) Benefits according to § 65 (1) are not provided to the extent that the person in need of care is in a position to perform appropriate services in accordance with other conditions to be subject to legislation. If the person in need of care ensures their care by special caregivers employed by them, they cannot be referred to the use of benefits in kind according to the Eleventh Book. In these cases, a care allowance paid in accordance with the Eleventh Book is to be calculated as a priority for the performance in accordance with section 65 (1).

Eighth chapter
Assistance to overcome specific social difficulties

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§ 67 beneficiaries

Persons in whom particular circumstances of life are linked to social difficulties shall be able to provide services to overcome these difficulties if they are not capable of doing so on their own. To the extent that the need is covered by services in accordance with other provisions of this Book or the Eighth Book, they shall be presented in accordance with the first sentence. Unofficial table of contents

Section 68 Scope of benefits

(1) The benefits shall include all measures necessary to prevent, eliminate, mitigate or prevent the aggravation of the difficulties, in particular advice and personal care for the persons entitled to benefit and their Members, aids for training, obtaining and securing a job, as well as measures in the maintenance and procurement of an apartment. In order to carry out the necessary measures, an overall plan shall be drawn up in appropriate cases. (2) The performance shall be provided without regard to income and property, insofar as services are required in individual cases. The income and assets of the persons referred to in § 19 (3) shall not be taken into account and shall be subject to maintenance obligations under civil law, insofar as this would jeopardise the success of the assistance. (3) The institutions of social assistance should cooperate with the associations which have set themselves the same tasks, and with the bodies otherwise involved, and to ensure that social assistance and the activities of these associations and bodies complement each other effectively. Unofficial table of contents

Section 69 Regulation empowerment

With the consent of the Federal Council, the Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, adopt provisions on the demarcation of the group of persons in accordance with § 67 as well as on the nature and extent of the measures pursuant to § 68 (1)

Ninth chapter
Help in other life situations

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Section 70 Assistance for the continuation of the budget

(1) Persons with their own budget shall receive benefits for the continuation of the budget if none of the household members can carry the budget and the continuation of the budget is required. As a rule, the services are to be provided only temporarily. Sentence 2 does not apply if the services can be used to prevent or postpone accommodation in a stationary institution. (2) Services include the personal care of household members as well as the other for the continuation of the service. (3) Section 65 (1) shall apply. (4) The benefits may also be provided by taking over the reasonable costs of temporary accommodation of household members, if: This accommodation in special cases next to or instead of the continuation of the budget. Unofficial table of contents

Section 71 Altenhilfe

(1) Old persons shall be granted for the benefit of the elderly in addition to the other provisions of this book. Care for the elderly is intended to help prevent, overcome or alleviate difficulties caused by old age, and to enable elderly people to participate in life in the Community. (2) As a service of the elderly shall be considered in particular:
1.
services to an activity and to social commitment, if it is desired by the old man,
2.
Services in the procurement and maintenance of an apartment that meets the needs of the elderly,
3.
Advice and support in all questions of admission to a facility that serves the care of old people, especially in the procurement of a suitable home,
4.
Advice and support on all issues relating to the use of age-appropriate services,
5.
Services to visit events or institutions that serve the sociability, entertainment, education or cultural needs of old people,
6.
Services that allow old people to connect with nearby people.
(3) Services referred to in paragraph 1 shall also be provided if they are used to prepare for old age. (4) Elderly assistance shall be provided without regard to any income or property existing, insofar as advice and support are provided in individual cases. are required. Unofficial table of contents

Section 72 Blind aid

(1) Blind persons shall be granted blind assistance in order to compensate for the additional expenditure caused by blindness, provided that they do not receive similar benefits under other legislation. Assistance in the care of home care according to the Eleventh Book, also in the case of benefits in kind, with 70 of the hundred of the nursing care grade I and in the need of the care stages II and III with 50 of the hundred are on the aid of the blind. for the period of care of the level II, but not more than 50% of the amount of the amount referred to in paragraph 2. The second sentence shall apply to benefits in accordance with the Eleventh Book from a private long-term care insurance scheme and according to the provisions of the Civil Service Regulations. § 39a is to be applied accordingly. (2) Blind aid shall be for blind people by 30 June 2004 after completion of the 18. Life year 585 euros per month, for blind people, the 18. They have not yet completed their life year, they are 293 euros per month. It changes in each case at the time and to the extent that the current pension value changes in the statutory pension insurance. (3) The blind person is living in a stationary institution and the costs of the stay are fully or fully paid. partly taken from the funds of public service providers, the blind aid referred to in paragraph 2 shall be reduced by the costs borne by these appropriations, but not more than 50 from the hundred of the amounts referred to in paragraph 2. of the second month following the entry into the institution, for each full Calendar month of stay in the facility. For each full day of temporary absentia from the institution, the blind aid shall be granted in the amount of one-thirtieth of the amount referred to in paragraph 2 if the temporary absence lasts longer than six full consecutive days; the Amount in accordance with the first sentence shall be reduced in the same proportion. (4) In addition to the aid for the blind, care for blindness (§ § 61 and 63) is not granted outside of stationary facilities and a cash amount (§ 27b (2)) is not granted. In addition to paragraph 1, Section 30 (1) no. 2 is to be applied only if the blind person is not fully active solely on account of blindness. The first and second sentences are valid for blind people who do not receive the aid of the blind but receive similar benefits under other legislation. (5) People who are blind are equal to persons whose overall visual acuity is no more than one. In the case of visual acuity, it is not only temporary disturbances of vision, or the severity of the visual acuity, which is equal to the severity of this visual acuity. Unofficial table of contents

Section 73 Aid in other life situations

Benefits may also be provided in other life situations where they justify the use of public funds. Cash benefits may be provided as an aid or as a loan. Unofficial table of contents

Section 74 Funeral expenses

The required costs of a burial shall be borne, provided that it is not possible to pay the costs for this purpose.

Tenth chapter
Facilities

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Section 75 Facilities and services

(1) Facilities shall be stationary and sub-hospital facilities within the meaning of § 13. § § 75 to 80 shall also apply to services, unless otherwise specified. (2) In order to fulfil the tasks of social assistance, the institutions of social assistance shall not re-establish their own facilities, insofar as appropriate facilities of other institutions are to be established. Carriers are available, expanded or can be created. Agreements referred to in paragraph 3 shall only be concluded with institutions of bodies which are suitable, in particular, in the light of their performance and to ensure the principles of Article 9 (1) for the provision of services. In the case of institutions which are equally suitable, the social assistance institution shall, as a matter of priority, conclude agreements with institutions whose remuneration, with comparable content, scope and quality of service, is not higher than that of the institutions. (3) If the performance is provided by a body, the institution of the social assistance shall be obliged to take over the remuneration for the benefit only if an agreement is reached with the institution of the institution or its association on:
1.
Content, scope and quality of services (performance agreement),
2.
the remuneration, which is composed of lump sums and amounts for individual performance areas (remuneration agreement); and
3.
Examination of the cost-effectiveness and quality of the services (examination agreement)
. The agreements must comply with the principles of economic efficiency, economy and efficiency. The institution of social assistance may examine the economic efficiency and quality of the service. (4) If one of the agreements referred to in paragraph 3 is not concluded, the institution of the social assistance may only provide benefits by this institution if that is not the case. according to the peculiarity of the individual case. To this end, the institution of the institution shall submit a service offering which meets the condition of § 76, and shall undertake to undertake in writing to provide services in accordance with this offer. Remuneration may only be paid up to the level of the institution of social assistance in the place of accommodation or in its nearest environment for comparable benefits in accordance with the agreements concluded in accordance with paragraph 3 with others Devices. In order to check the efficiency and quality of the services, the contents of the agreement of the institution of social assistance with comparable facilities shall apply accordingly. The institution of social assistance shall inform the institution of the content and extent of such examination. (5) In the case of approved care facilities within the meaning of section 72 of the Eleventh Book, the type, content, scope and remuneration of the outpatient and part-hospital care services, as well as the benefits of short-term care and the Full-time nursing services as well as the services of accommodation and catering and additional services in nursing homes according to the provisions of the Eighth Chapter of the Eleventh Book, unless further services are to be provided in accordance with § 61. Sentence 1 shall not apply in so far as agreements have not been concluded in accordance with the Eighth Chapter of the Eleventh Book in agreement with the institution of social assistance. The institution of social assistance is only obliged to take over separately calculated investment costs in accordance with § 82 (4) of the Eleventh Book if agreements have been reached on this basis according to the Tenth Chapter. Unofficial table of contents

Section 76 Content of the agreements

(1) The performance agreement must determine the essential performance characteristics, but at least the equipment necessary for the establishment, the categories of persons to be cared for, the type, objective and quality of the performance, the qualification of the Personnel as well as the necessary material and personnel equipment. The agreement shall include the obligation of the establishment to receive and maintain, within the framework of the agreed service provision, beneficiaries. The benefits must be sufficient, practical and economical and must not exceed the amount of the necessary. (2) Compensation for the services referred to in paragraph 1 shall consist at least of the flat-rate packages for accommodation and catering (basic flat rate) and for the measures (package of measures) as well as of an amount for equipment necessary for operation, including their equipment (amount of investment). Subsidies from public funds are to be expected. The package of measures can be calculated according to groups for persons entitled to benefit with comparable requirements. The institution of social assistance only needs to agree to an increase in remuneration on the basis of investment measures if it has previously agreed to the measure. (3) The institutions of social assistance agree with the institution of the establishment principles and standards for the cost-effectiveness and quality assurance of services as well as for the content and the procedure for carrying out economic and quality audits. The result of the examination shall be recorded and, in a suitable form, also accessible to the persons entitled to benefit from the facility. The social assistance providers shall cooperate with the supervisory authorities responsible under secret legislation and the Medical Service of Health Insurance in order to avoid double exams as far as possible. Unofficial table of contents

Section 77 Conclude of agreements

(1) The agreements pursuant to section 75 (3) shall be concluded before the beginning of the respective economic period for a future period of time (agreement period); subsequent comparisons shall not be allowed. The Contracting Party to the agreements shall be the institution of the institution and the institution of social assistance responsible for the seat of the institution; the agreements shall be binding on all other institutions of social assistance. If an agreement pursuant to § 76 (2) does not materiate within six weeks after a party has requested in writing to negotiate, the arbitral body shall, at the request of one of the parties, decide immediately on the subject matter, in accordance with section 80 of the agreement. that could not be reached. The decision is the right way to the social courts. The action is directed against either of the Parties, not the arbitration body. It is not necessary to review the decision in a preliminary procedure. (2) Agreements and arbitral decisions shall enter into force at the date specified therein. If a date is not determined, agreements with the date of their conclusion shall take effect with the date on which the application has been received by the arbitral body. Any unenforceable or set of remuneration which is retroactive before this date shall not be permitted. At the end of the agreement period, the agreed or fixed remuneration shall continue to apply until the entry into force of new remuneration. (3) In the event of unforeseeable substantial changes in the assumptions made by the agreement or decision on the The remuneration shall be renegotiated at the request of one of the Contracting Parties for the current agreement period. Paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

Section 78 Extraordinary dismissal of the agreements

If, due to a gross violation of the legal or contractual obligations to the persons entitled to benefit and their payers by the institution, detention of the agreements is not reasonable, the institution of the social assistance shall be entitled to: terminate the agreements pursuant to section 75 (3) without notice of a notice period. This applies in particular if, in the examination pursuant to Section 76 (3) or in any other way, it is established that persons entitled to benefit are to be harmed as a result of the breach of duty, serious deficiencies in the provision of services are present, the institution the establishment is deprived of the type-approval in accordance with legal provisions or the establishment of the facility is prohibited, or the establishment does not pay off services to the cost carriers. The termination shall be subject to the written form. § 59 of the Tenth Book remains untouched. Unofficial table of contents

Section 79 Framework contracts

(1) The local authorities of social assistance and the municipal top associations at the national level, together with the associations of the institutions of the institutions at the country level, jointly and uniformly conclude framework agreements on the agreements pursuant to section 75 (3) of the Treaty. and Section 76 (2) on
1.
the detailed delimitation of the types and components of the costs and components of remuneration according to Article 75 (3) as well as the composition of the investment amounts pursuant to Article 76 (2),
2.
the content and the criteria for the determination and composition of the standard-rate packages, the characteristics of the formation of groups with a comparable need in accordance with Article 76 (2) and the number of groups to be formed;
3.
the allocation of the cost types and components according to § 41 of the Ninth book and
4.
the content and the procedure for carrying out the economic and quality assessment in accordance with § 75 (3)
off. For institutions belonging to a church or religious community of public law or other voluntary non-profit-making bodies, the framework agreements may also be provided by the church or religious community or by the welfare organisation , to which the institution belongs. The framework contracts are intended to take into account the characteristics and peculiarities of the respective achievements according to the fifth to ninth chapters. (2) The Bundesarbeitsgemeinschaft der übertopical Carrier der Sozialhilfe, die Bundesvereinigung der Bundesvereinigung der Community leaders ' associations and associations of institutions at the federal level agree jointly and uniformly on the content of the contracts referred to in paragraph 1. Unofficial table of contents

Section 80 Arbitration

(1) An arbitral body shall be formed for each country or for parts of a country. (2) The arbitration body shall consist of representatives of the institutions and representatives of the local and local social assistance institutions in the same number as well as of the institution. non-partisan chairmen. The representatives of the institutions and their alternates shall be appointed by the associations of the institutions of the institutions, the representatives of the social assistance institutions and their substitutes. When ordering the representatives of the facilities, the carrier variety must be observed. The chairman and his deputy shall be appointed jointly by the organisations involved. If an agreement is not reached, it shall be determined by lot. In so far as the organisations involved do not appoint a representative or do not nominate candidates for the office of chairman and deputy in the procedure laid down in sentence 3, the competent State authority shall, at the request of one of the parties concerned, appoint: (3) The members of the Arbitration Board shall be responsible for their duties as an honorary office. They shall not be bound by instructions. Each member shall have one vote. Decisions shall be taken by a majority of the members. If there is no majority, the Chairman's vote shall indicate the rash. Unofficial table of contents

Section 81 Regulation

(1) In accordance with Section 79 (1), the contracts shall not be concluded within six months after the state government has requested in writing that the national governments may adopt regulations instead by means of a regulation. (2) The National Governments shall be authorized, by means of a legal regulation, to provide details of the number, the order, the term of office and the official management, the reimbursement of the cash outlays and the compensation for the time spent by the members of the arbitral body in accordance with § 80, the Legal supervision, the management, the procedure, the survey and the level of fees as well as on the distribution of costs.

Eleventh chapter
Use of income and wealth

First section
Income

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§ 82 Concept of income

(1) Income includes all income in money or money value with the exception of benefits under this book, the basic pension under the Federal Supply Act and according to the laws which provide for a corresponding application of the Federal Supply Act and pensions or aid under the Federal Compensation Act for damage to life and to body or health, up to the level of the comparable basic pension according to the Federal Supply Act. Income from reimbursements based on advance payments made by persons entitled to benefit from the rule set is not an income. In the case of minors, the child benefit is to be attributed to the respective child as income, to the extent that it is required to cover the necessary living, with the exception of the needs according to § 34. (2) From the income must be deducted
1.
taxes paid on income,
2.
Compulsory social security contributions, including contributions to the promotion of employment,
3.
Contributions to public or private insurance companies or similar institutions, where these contributions are required by law or are appropriate by reason and amount, as well as funded pension contributions in accordance with § 82 of the Income Tax Act, in so far as they do not exceed the minimum personal contribution according to § 86 of the Income Tax Act,
4.
the necessary expenditure to achieve income,
5.
the amount of the work grant and the increases in the amount of the pay within the meaning of § 43 sentence 4 of the Ninth book.
(3) In the case of support for the maintenance of the livelihood and basic security in old age and in the event of a reduction in employment, an amount equal to 30 per cent of the income from self-employed and non-self-employed activity of the persons entitled to benefit must be deducted, at the most however, 50 of the hundred of the rule requirement level 1 according to the Appendix to § 28. By way of derogation from the first sentence, in the case of employment in a workshop for disabled persons, an eighth of the standard requirement level 1 shall be deducted from the charge in accordance with the Appendix to § 28 plus 25 from the hundred of the remuneration which exceeds this amount. Moreover, in duly substantiated cases, an amount other than the amount fixed in the first sentence may be deducted from the income. By way of derogation from sentences 1 and 2, an amount of up to 200 euros shall be granted to a person entitled to benefit, at least from an activity, or from income tax-free pursuant to Section 3 (12), (26), (26a) or (26b) of the Income Tax Act. not to be considered as income per month. (4) (omitted) Unofficial table of contents

§ 83 Certain benefits by purpose and content

(1) Services provided for an express purpose on the basis of public law provisions shall be considered as income only as far as social assistance is used for the same purpose in individual cases. (2) Compensation, which is made pursuant to Article 253 (2) of the Civil Code on account of a damage which is not property damage shall not be considered as income. Unofficial table of contents

§ 84 donations

(1) The free welfare benefits shall be disregarded as income. This does not apply in so far as the grant has a favourable effect on the situation of the persons entitled to benefit in such a way that social assistance would be unjustifiably unjustified. (2) Donations which another person provides without having to have a legal or moral duty to do so shall be are not considered as income, provided that their consideration for the persons entitled to benefits would be of particular hardship.

Second section
Income limits for benefits after the Fifth to Ninth chapters

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§ 85 Income limit

(1) In the case of assistance after the fifth to ninth chapters, the requesting person and his/her non-segregated spouse or life partner shall not be granted the provision of the funds if their monthly income during the period of the need is together, does not exceed an income limit which results from
1.
a basic amount in the amount of twice the standard requirement level 1 according to the Appendix to § 28,
2.
the costs of the accommodation, in so far as the expenditure does not exceed the extent appropriate to the specific nature of the individual case, and
3.
a family surcharge equivalent to the sum of 70 per cent rounded up to the full euro of the hundred of the standard requirement level 1 according to the Appendix to § 28 for the non-separated spouse or life partner and for each person who is the subject of the requesting person, their non-separated spouses or life partners have been mainly entertained or for which they will be subject to maintenance after the decision on the provision of social assistance.
(2) If the requesting person is a minor and unmarried, the provision of the funds shall not be granted to her and her parents if, during the duration of the demand, the monthly income of the requesting person and of their parents together shall be accompanied by a The income limit does not exceed
1.
a basic amount in the amount of twice the standard requirement level 1 according to the Appendix to § 28,
2.
the costs of the accommodation, in so far as the expenditure does not exceed the extent appropriate to the specific nature of the individual case, and
3.
a family surcharge equivalent to the sum of 70 per cent of the hundred of the standard requirement level 1 according to the Appendix to § 28 for a parent if the parents live together, and for the person in question and for each person who is the parents or the requesting person have been mainly entertained or for which they will be subject to maintenance after the decision on the provision of social assistance.
If the parents do not live together, the income limit depends on the parent, where the person in question is living. If it does not live with any parent, the income limit shall be determined in accordance with paragraph 1. (3) The relevant rule requirement level 1 according to the Appendix to § 28 shall be determined in accordance with the place where the benefit person receives the benefit. In the case of performance in a facility and in the case of accommodation in another family or in the case of the other persons referred to in Article 107, he shall be determined on the basis of the habitual residence of the person entitled to benefit or, if in the case referred to in paragraph 2, also the income of his/her parents or of a parent is decisive after their habitual residence. If an habitual residence does not exist in the country or cannot be determined, the sentence 1 shall apply. Unofficial table of contents

Section 86 Differing basic amount

The countries and, in so far as they do not conflict with national law, the social assistance providers may also base a higher basic amount on certain types of aid after the fifth to ninth chapters of the income limit. Unofficial table of contents

§ 87 Use of income above the income limit

(1) Insofar as the income to be taken into account exceeds the income limit, the application of the funds shall be to an appropriate extent. In the case of the examination of the extent to which it is appropriate, the nature of the needs, the nature or severity of the handicap or the need for care, the duration and amount of the expenditure required, and the particular burdens on the republic, shall be: To take into account the person and the dependants of the person. In the case of persons in need of care in accordance with § 64 (3) and blind persons according to § 72, an income above the income limit of at least 60 of the hundred is not to be expected. (2) The person in question shall lose his income by entering the income limit. If a need is in full or in part, and if the need arises only for a short period of time, the application of the funds may also be required from the income which it acquires within a reasonable period of time following the removal of the need and that exceeds the income limit, but only in so far as it is without the loss of the (3) In the case of one-off benefits for the procurement of supplies for which the use is intended for at least one year, the application of the funds in accordance with paragraph 1 may also be applied to: to the income which the persons referred to in Article 19 (3) acquire within a period of up to three months after the end of the month in which the performance has been decided. Unofficial table of contents

Section 88 Use of income below the income limit

(1) The application of the funds may be required, even in so far as income is below the income limit,
1.
insofar as they are provided by another service for a particular purpose for which social assistance would otherwise be provided,
2.
if only a small amount is required to meet the needs.
In addition, the application of the funds is to be required to a reasonable extent if a person is likely to require services in a stationary facility for a longer period of time. (2) In the case of a stationary performance in a stationary facility. shall be deducted from the income earned by persons entitled to benefit from paid employment by applying the average of one-eighth of the rule-of-law level 1 following the Appendix to Section 28, plus 25 of the hundred of that amount excess income from employment is not required. Section 82 (3) shall not apply. Unofficial table of contents

§ 89 Use of income in case of multiple needs

(1) Where, on a case-by-case basis, the use of a part of the income to cover a particular requirement is made or is required, that part of the income may be used in the examination of the extent to which the use of income for another at the same time (2) If, in the case referred to in paragraph 1, various social assistance providers are responsible for the needs, the decision on the performance for the first time that has occurred has to be taken into consideration. Precedence. If the need arises at the same time, the income above the income limit shall be taken into account in equal parts in the case of need.

Third Section
Assets

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§ 90 Property to be used

(2) Social assistance shall not be made dependent on the use or recovery of the assets.
1.
of a property provided by public funds for the establishment or securing of a livelihood or for the establishment of a household,
2.
a capital, including its income, which serves to provide supplementary retirement provision within the meaning of Section 10a or Section XI of the Income Tax Law and whose collection has been promoted by the State,
3.
as long as it is verifiably intended for the early acquisition or maintenance of a house property within the meaning of point 8, to the extent that this housing has disabled persons (§ 53 (1) sentence 1 and § 72) or persons in need of care (§ 61) is intended to serve or serve for this purpose by the use or exploitation of the assets,
4.
an adequate household, taking into account the conditions of life of the person in question so far,
5.
articles which are indispensable for the reception or continuation of vocational training or gainful employment,
6.
of family and heirlouse, whose divestment would mean a particular hardship for the person in question or their family,
7.
of objects that serve to satisfy spiritual, in particular scientific or artistic needs, and whose possession is not luxury,
8.
a reasonable house property which is wholly or partly inhabited by the requesting person or any other person referred to in Article 19 (1) to (3), alone or in association with members of the family and who, after their death, is inhabited by their relatives . The appropriateness is determined according to the number of inhabitants, the housing requirements (for example, disabled persons, blind or dependent persons), the size of the property, the size of the house, the cutting and furnishing of the apartment building and the value of the accommodation. land, including the residential building,
9.
of smaller amounts of cash or other monetary values, taking into account a particular plight of the person in question.
(3) In addition, social assistance may not be made conditional on the use or exploitation of a property, insofar as this would be a hardship for the person who has the assets and for his dependants. This is, in particular, the case in the case of performance after the fifth to ninth chapters, in so far as an appropriate way of life or the maintenance of an adequate retirement provision would be made much more difficult. Unofficial table of contents

Section 91 Loans

If, according to § 90, assets are to be used for the demand of the requesting person, but the immediate consumption or the immediate utilization of the assets is not possible, or for which it has to be used, a hardness would mean, the Social assistance is to be provided as a loan. The provision of services may be made conditional upon the right to repayment being secured in rem or in any other way.

Fourth Section
Limitation of the calculation

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Section 92 Invoice for disabled persons

(1) If the disability requires services for a stationary facility, for a daytime facility for disabled persons or for medical or medically prescribed measures, the benefits are to be provided in full for this even if: the persons referred to in Article 19 (3) shall be granted the application of the funds to a certain extent. In the amount of this part, they shall contribute to the costs of the services rendered; several pledges shall be held liable as the total debtor. (2) The persons referred to in § 19 (3) shall be granted the funds only for the costs of subsisting.
1.
In the case of children who have not yet been enrolled in health education measures,
2.
in the case of aid for adequate schooling, including preparation for such training,
3.
in the case of assistance intended to enable the disabled person not yet enrolled in the Community to participate in life in the Community,
4.
in the case of aid for school education for a suitable occupation or for training for any other appropriate activity, provided that the services required for this purpose are provided in special facilities for disabled persons,
5.
in the case of medical rehabilitation services (§ 26 of the Ninth book),
6.
in the case of benefits for participation in working life (§ 33 of the Ninth book),
7.
in the case of services in recognised workshops for disabled persons in accordance with § 41 of the Ninth Book and in comparable other places of employment (§ 56),
8.
in the case of aid for the acquisition of practical knowledge and skills which are necessary and suitable to enable disabled persons to participate in the working life, to the extent that such assistance is provided in special sub-stationary institutions for disabled people are provided.
The benefits referred to in the first sentence shall be provided without taking account of existing assets. The costs of subsisting in a facility shall be set in the cases of points 1 to 6 only in the amount of the expenses saved for the household's livelihood; this shall not apply to the period during which, at the same time, the costs of the household are not covered by the Services provided for in the first sentence of the institution shall outweigh any other benefits. The application of the funds provided for in the first sentence of 1 (7) and (8) shall not be reasonable if the income of the disabled person does not exceed, in total, an amount equal to twice the level 1 of the rule-of-law according to the Appendix to § 28. The competent national authorities may decide on the measurement of the expenses saved for domestic living requirements and the cost contribution for lunch. In order to reimburse the costs in accordance with § § 103 and 104, it is in particular obligated who, in the cases of points 5 and 6, intentionally or grossly negligently did not or inadequately insured. (3) Has a different than a according to civil law The obligation under paragraph 2 shall not be affected by the provision of services for the same purpose to which the benefits referred to in paragraph 2 are to be provided under other provisions. In so far as it provides such services, the application of the funds may be required by the persons referred to in § 19 (3), by way of derogation from paragraph 2. Unofficial table of contents

Section 92a Income input for services provided for institutions

(1) A person in a part-stationary or stationary institution shall be able to apply the funds for benefits in the institution under the third and fourth chapters of her and her non-separated spouse, or Life partners from the common income are required, to the extent that expenses for the domestic living are spared. (2) In addition, the application of the funds should be required to a reasonable extent if a person is to is expected to provide services for a longer period of time in a stationary facility. (3) Examination of the extent to which it is appropriate is also to take account of the current situation in the household of the spouse or partner, who is not living separately, and of the minor unmarried children living in the household. (4) § 92 (2) remains unaffected.

Fifth Section
Commitments of others

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Section 93 Transition of claims

(1) Where a person entitled to benefit has or, in the case of the granting of aid after the fifth to ninth chapters, also has his or her parents, their non-living spouse or their life partner for the time for which benefits are provided, Claim against another, which is not a service provider within the meaning of § 12 of the First Book, the institution of social assistance may, by means of a written indication to the other, cause that claim to pass to it up to the level of its expenses. It may also effect the transfer of this claim on account of its expenditure on the services of the third and fourth chapters, which he or she does at the same time as the benefits for the person entitled to benefit referred to in the first sentence, the non-performing person live spouses or life partners and their underage unmarried children. The transfer of the claim may only be effected in so far as, in the case of timely performance of the other, either the performance would not have been provided or in the cases of § 19 (5) and § 92 (1) an application for expenses or a contribution to costs would be. The transition is not precluded by the fact that the claim cannot be transferred, pledged or cared for. (2) The written display causes the transfer of the claim for the time for which the person entitled to benefit has the benefit of the performance. is provided without interruption. A period of more than two months shall be deemed to be an interruption. (3) Opposition and action against the administrative act resulting in the transfer of the claim shall have no suspensive effect. (4) § § 115 and 116 of the Tenth Book shall be the subject of the , the rules laid down in paragraph 1. Unofficial table of contents

Section 94 Transition of claims against a person subject to civil law

(1) If the person entitled to benefits is entitled to a maintenance entitlement for the time for which benefits are provided under civil law, he/she shall, together with the maintenance entitlement, be entitled to a maintenance entitlement up to the amount of the expenses incurred. the institution of social assistance. The transfer of the claim is excluded insofar as the maintenance entitlement is fulfilled by continuous payment. The transfer of the claim is also precluded if the person under maintenance belongs to the group of persons of § 19, or if the person with the right of maintenance is related to the person entitled to benefit from the second degree; the transition of the person to the person who is entitled to the right of the person to the person who is entitled to the Entitlement of the person entitled to benefit in accordance with the fourth chapter in relation to parents and children is excluded. The same applies to maintenance claims against relatives of the first degree of a person who is pregnant or who cares for their physical child until the completion of his sixth year of life. Section 93 (4) shall apply accordingly. For beneficiaries under the third and fourth chapters, the following shall apply for the transfer of the claim § 105 (2). (2) The claim of a full-year dependent person who is impeded in the sense of § 53 or in need of care in the sense of § 61 is only up to 26 euros in relation to their parents because of benefits under the Sixth and Seventh chapters, because of benefits under the third chapter only in the amount of up to 20 euros per month. It shall be presumed that the claim will be transferred to the amount of the said amounts and that a number of maintenance persons shall be liable to the same parts; the presumption may be refuted. The amounts referred to in the first sentence shall be changed at the same time and by the same percentage in which the child benefit is changed. (3) Claims in accordance with paragraphs 1 and 2 shall not go beyond the extent to which:
1.
the person entitled to the maintenance is entitled to benefit under the third and fourth chapters, or if the claim is fulfilled, or
2.
the transition of the claim would mean an unbillable hardship.
The institution of social assistance shall take account of the restriction of the transitional period referred to in the first sentence if it is aware of its conditions by means of evidence submitted or otherwise. (4) The institution of social assistance may, for the past, be responsible for the past. , except under the conditions laid down in civil law, require only from the time at which the person responsible for the performance of the service has been informed of the provision of the service in writing. If the service is expected to be provided for a longer period of time, the institution of social assistance may also be able to claim future benefits up to the level of the previous monthly expenses. (5) The institution of the social assistance may take this into account. shall, in agreement with the person entitled to power, retransmit the subsisted maintenance claim to the person entitled to the right to court the claim and resign the claim to the maintenance claim. Costs to which the person entitled to benefit will be charged by himself shall be taken over. The rights referred to in paragraphs 1 to 4 shall be taken in the civil law procedure. Unofficial table of contents

Section 95 Determination of social benefits

The eligible institution of social assistance may carry out the determination of a social benefit and may appeal. The expiry of the time-limits which have passed without his fault does not affect him. The second sentence shall not apply to the procedural time limits provided that the institution of social assistance operates the procedure itself.

Sixth Section
Regulation

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Section 96 Regulation

(1) The Federal Government may, with the approval of the Federal Council, by means of a regulation with the consent of the Federal Council, approximate the calculation of the income in accordance with § 82, in particular the income from agriculture, forestry, business operations and self-employment (2) The Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, determine the amount of the cash amounts or other monetary values within the meaning of Section 90 (2) No. 9 by means of a regulation of the Federal Council.

Twelfth chapter
Responsibility of social assistance institutions

First section
Factual and local competence

Unofficial table of contents

Section 97 Sachliche jurisdiction

(1) The local social assistance institution shall be responsible for social assistance in so far as the local institution is not competent to do so. (2) The competent authority of the local institution of social assistance shall be determined by country law. In doing so, account should be taken of the fact that, as far as possible, a uniform material competence is given for services within the meaning of § 8 (1) to (6). (3) In so far as national law does not contain a provision in accordance with the first sentence of paragraph 2, the The local social assistance institution for
1.
Benefits of integration assistance for disabled persons in accordance with § § 53 to 60,
2.
Services of assistance for care according to § § 61 to 66,
3.
Assistance to overcome special social difficulties according to § § 67 to 69,
4.
Benefits of the Blind Assistance in accordance with § 72
(4) The factual responsibility for a stationary performance also includes the factual responsibility for services which are to be provided at the same time in accordance with other chapters, as well as for a performance in accordance with § 74. (5) The local authorities The aim is to contribute to the further development of social assistance benefits, particularly in the case of widespread diseases. For this purpose, they may create or promote the necessary facilities. Unofficial table of contents

Section 98 Local competence

(1) Social assistance shall be the responsibility of the social assistance institution in the area of which the persons entitled to benefit are actually staying. This competence shall continue to exist until completion of the service even if the performance is performed outside its scope. (2) In the case of fixed performance, the institution of social assistance shall be responsible at the local level in the area of which the Persons entitled to benefit have their habitual residence at the time of admission to the institution or had last had their last residence in the two months prior to the date of admission. Where, in the event of social assistance, persons entitled to benefit from a body within the meaning of the first sentence have been transferred to another institution or from there to other facilities, or if such a case arises after the commensurate performance has been commensurated, the ordinary stay, which was the determining factor for the first institution, is crucial. If, within four weeks, it is not clear whether and where the habitual residence has been established in accordance with the first or second sentence, or if an ordinary place of residence does not exist or is not available, or if there is an accident, the person referred to in paragraph 1 shall have the right to: , the competent institution of social assistance to decide on the performance without delay and to provide it on a provisional basis. If a child is born in a body within the meaning of sentence 1, the habitual residence of the mother shall be replaced by his habitual residence. (3) In the cases of § 74, the institution of the social assistance shall be responsible for the period until the death of the child. (4) In the other cases, the social assistance institution in whose area the place of death is situated. (4) For aid to persons who are in institutions for the enforcement of judicial detention , paragraphs 1 and 2 as well as § § 106 and 109 shall apply. (5) For the services provided for in this book to persons receiving benefits after the Sixth to Eighth Chapters in forms of outpatient housing, the social assistance institution shall be responsible for the provision of local social assistance prior to entry into the latter. Residential form last was or would have been in charge. Responsibilities established before the entry into force of this book shall remain unaffected. Unofficial table of contents

Section 99 Subject to dismise

(1) Countries may determine that and to what extent the counties may use their respective municipalities or associations to carry out tasks in accordance with the provisions of this Book and shall give instructions to them; in such cases, the counties shall adopt the (2) Countries may determine that and to what extent the local social assistance providers are responsible for local social assistance, as well as the associated municipalities and associations of municipalities, for the implementation of the Draw up tasks according to this book and give instructions to them; In such cases, the local authorities shall issue the notice of opposition in accordance with the Social Court Act, unless otherwise determined by national law.

Second section
Special provisions

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§ 100 (omitted)

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§ 101 Determination of authorities and city states-Clause

(1) Which authorities are competent authorities shall determine the state government, in so far as a national law does not exist. (2) The Senate of the Länder Berlin, Bremen and Hamburg shall be authorized to comply with the provisions of this book on jurisdiction by authorities to the specific administrative structure of their countries.

Thirteenth chapter
Cost

First section
Cost replacement

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Section 102 Cost replacement by heirs

(1) The heir of the person entitled to benefit, or of their spouse or partner, if they die before the person entitled to benefit, shall be bound, subject to paragraph 5, to replace the costs of social assistance. The replacement obligation consists only of the costs of social assistance, which have been spent within a period of ten years prior to the succession and which exceed three times the basic amount in accordance with § 85 (1). The replacement obligation of the heir of the spouse or partner is not for the costs of the social assistance provided during the life of the spouses or life partners. If the person entitled to power is the heir of her spouse or partner, she is not obliged to reimburse the costs in accordance with sentence 1. (2) The replacement obligation of the heir is one of the estate liabilities. The heir is liable to the value of the estate present at the time of the inheritance. (3) The right to reimbursement of expenses is not to be asserted,
1.
insofar as the value of the estate is less than three times the basic amount in accordance with Section 85 (1),
2.
in so far as the value of the estate is less than EUR 15,340, if the heir is the spouse or partner of the person entitled to benefit or is related to it and not only temporarily to the death of the person entitled to benefit, including: who lived and cared for in the home community,
3.
insofar as the use of the heir according to the peculiarity of the individual case would constitute a particular hardship.
(4) The right to reimbursement of expenses shall be issued in three years after the death of the person entitled to benefit, their spouse or their partner. (5) The replacement of the costs by the heirs shall not apply to benefits under the Fourth Chapter and to the costs of the aid for tuberculosis incurred before 1 January 1987. Unofficial table of contents

Section 103 Covenant of costs in the case of culpable behaviour

(1) In order to replace the costs of social assistance, it is required that, after the completion of the 18 th The conditions for the benefits of social assistance have been fulfilled for themselves or for others by deliberate or grossly negligent behaviour. In order to reimburses the costs, it is also obligated who, as a person entitled to power, or as the representative of the person concerned, knew the illegality of the administrative act underlying the performance or who did not know as a result of gross negligence. It is possible to discontinue the use of the replacement for the replacement of costs, insofar as it would constitute a hardship. (2) A commitment to the replacement of the costs, as referred to in paragraph 1, shall be applied to the heir. § 102 (2) sentence 2 shall apply. (3) The right to reimbursement of expenses shall expire in three years from the end of the year in which the service has been provided. The provisions of the Civil Code apply to the inhibition, the curbing, the new beginning and the effect of the statute of limitations. The filing of the action is the same as the adoption of a performance certificate. (4) The § § 44 to 50 of the Tenth Book shall remain unaffected. In order to reimburse the costs referred to in paragraph 1 and to reimburse the same costs in accordance with § 50 of the Tenth Book, it shall be held liable as the total debtor. Unofficial table of contents

Section 104 Costing of expenses for unjustly provided services

In order to reimburse the costs of unjustly provided benefits of social assistance, the obligation to apply § 103 shall be subject to the obligation of the person who has caused the services by deliberate or grossly negligent conduct. In order to reimburse the costs in accordance with the first sentence and to reimburse the same costs in accordance with § 50 of the Tenth Book, it shall be held liable as the total debtor. Unofficial table of contents

Section 105 Costs of costs in the case of double transfers, non-refundable accommodation costs

(1) If the performance of the institution of the social assistance has been made by a priority of the institution of social assistance to the person entitled to benefit, the latter shall be obliged to issue the income to the institution of social assistance. (2) The costs of accommodation taken into account in accordance with § 27a or § 42, with the exception of the costs of heating and hot water supply, are not subject to 56 of the hundred repayment. Sentence 1 shall not apply in the case of Section 45 (2) sentence 3 of the Tenth Book or if, in addition to benefits under the third or fourth chapter, housing benefits have been provided simultaneously in accordance with the Housing Act.

Second section
Reimbursement of costs between the institutions of social assistance

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§ 106 reimbursement of expenses for stay in a facility

(1) The institution of the social assistance competent pursuant to section 98 (2), first sentence, shall reimburse the costs incurred by the institution provisionally performing pursuant to section 98 (2) sentence 3. If, in the cases referred to in Article 98 (2), third and fourth sentences, the habitual residence does not exist or is not to be determined, and if a local institution of social assistance has been responsible for the provision of services, the costs incurred by the latter shall be borne by the latter. (2) A stay in a stationary institution shall also apply if someone is staying outside the institution but remains under the supervision of the institution, or from the institution. (3) In the cases of § 98 (2), leaves the the person entitled to the benefit of the institution and receiving it in the area of the local institution in which the institution is situated, and within one month thereafter, benefits from social assistance, shall be the local institution of social assistance, the costs incurred by the institution to the institution of the social assistance in whose area the person entitled to benefit had his habitual residence within the meaning of section 98 (2) sentence 1. The second sentence of paragraph 1 shall apply accordingly. The obligation to refund shall not be interrupted by a stay outside that area or in a body within the meaning of section 98 (2) sentence 1 if it does not exceed two months; it shall end if, for a continuous period of time, the for two months at the latest after the expiry of two years since leaving the institution. Unofficial table of contents

§ 107 reimbursement of expenses in the case of accommodation in another family

§ 98 (2) and (§ 106) apply accordingly if a child or a young person is accommodated in another family or in the case of persons other than his or her parents or with a parent. Unofficial table of contents

Section 108 Costing of expenses on entry from abroad

(1) In the case of a person who has no habitual residence abroad or in Germany, and who, within one month of his entry into the country, benefits from social assistance, the costs incurred shall be that of a person who is not habituated abroad. The Court of Arbitration shall reimburse certain superlocals of social assistance. In its decision, the arbitral body shall take into account the number of inhabitants and the burdens which have arenated in the previous financial year for the institutions of social assistance under this provision and in accordance with Articles 24 and 115 of this Regulation. The first sentence shall not apply to persons who are born in the country or who live together with them as spouse, life partner, relative or person who has not been forced to do so. If the spouse, life partner, relative or person who has not been insured live together at the time of commencing the service, a common institution of social assistance must be determined. (2) The Federal Administrative Office shall be the arbitral body within the meaning of paragraph 1. The Member States may, by means of an administrative arrangement, appoint another arbitration body. (3) If a social assistance institution under paragraph 1 is obliged to reimburse the costs incurred by a person entitled to benefit, he shall also have the responsibility for the reimbursement of the costs incurred by the beneficiary. To reimburse the spouse, the partner or the minor children of the persons entitled to benefit, if they subsequently enter and use social assistance within one month. (4) The obligation to reimburse the costs incurred by persons entitled to benefit shall not be incurred if, for a (5) The provisions of paragraphs 1 to 4 shall not apply to persons whose accommodation after entry into the territory of the Federal Republic of Germany or by agreement between the Federal Government and the Länder is regulated. Unofficial table of contents

Section 109 Exclusion of habitual residence

The habitual residence within the meaning of the twelfth chapter and the thirteenth chapter, second section, shall not apply to the stay in a body within the meaning of section 98 (2) and the deprivation of liberty based on judicial order. Stay in a full-service institution. Unofficial table of contents

Section 110 Scope of the reimbursement of expenses

(1) The costs incurred shall be reimbursed to the extent that the performance corresponds to this book. In this connection, the principles governing the performance of social assistance, which exist at the place of residence of the persons entitled to benefit at the time of the service, shall apply. (2) Costs of less than EUR 2 560, related to a period of service provision of up to 12 Months, except in the case of a provisional service provision under Section 98 (2) sentence 3 shall not be reimbursed. The limit of EUR 2 560 shall apply if the costs of the members of a household are to be reimbursed within the meaning of the second and third sentences of Article 27 (2), by way of derogation from the first sentence for the members of the budget. Unofficial table of contents

§ 111 Statute Of Limitations

(1) The right to reimbursement of the costs incurred shall be barred in four years from the end of the calendar year in which it was incurred. (2) For the inhibition, the curbing, the new beginning and the effect of the limitation period, the following shall apply: Provisions of the Civil Code mutatily. Unofficial table of contents

Section 112 Cost reimbursement at the country level

The countries may regulate the reimbursement of expenses between the institutions of the social assistance sector in their area.

Third Section
Other arrangements

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Section 113 Priority of claims for reimbursement

Claims for reimbursement of social assistance providers against other service providers in accordance with § 104 of the Tenth Book shall be subject to the transfer, seizure or pledge of the claim, even if they have taken place before the claim for reimbursement has been made. Unofficial table of contents

Section 114 Replacement claims of social assistance institutions in accordance with other provisions

The right of the institution of the social assistance to claim reimbursement of its expenses from another, against which the persons entitled to benefit have a claim, in accordance with other statutory provisions, which act in accordance with § 93, shall be considered as: Expenses
1.
the cost of the service to that person who is entitled to the other person; and
2.
the cost of benefits in accordance with the third and fourth chapters, which have been made at the same time as the performance referred to in point 1 for the non-segregated spouse or life partner and the minor unmarried children.
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Section 115 Transitional arrangements for the reimbursement of expenses on entry from abroad

The obligation of a carrier of social assistance for reimbursement of expenses, which arose after the version of § 108 of the Federal Social Assistance Act, which was in force before 1 January 1994, or which has been determined by the arbitration body, remains.

Fourteenth chapter
Procedural provisions

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Section 116 Participation of socially experienced third parties

(1) In so far as the law of the country does not determine any deviation, the social experienced third parties shall be heard before the adoption of general administrative provisions, in particular from associations serving the needy, or from associations of (2) Where national law does not provide any derogation, before the adoption of the administrative act, a breach of the rejection of social assistance or the fixing of the nature and amount of such assistance shall be deemed to be third parties, as referred to in paragraph 1 of this Article. are to be involved in an advisory role. Unofficial table of contents

Section 116a Revocation of administrative acts

§ 44 (4) sentence 1 of the Tenth Book shall apply for the withdrawal of an unlawfully unfavourable administrative act, on the understanding that a period of one year shall be replaced by a period of four years. Unofficial table of contents

§ 117 obligation to provide information

(1) The dependants, their non-segregated spouses or life partners and the taxable persons shall provide information to the institution of social assistance on their income and property conditions, to the extent that the implementation of this Book it requires. In doing so, they have the obligation to submit evidence to the social assistance at the request of the institution or to agree to their submission. Persons who are required to provide information in accordance with the first and second sentences are also persons who, in accordance with § 39, are presumed to be unrefuted in spite of a request that they provide services for the livelihood of other members of the household community. The obligation to provide information to the financial authorities pursuant to Section 21 (4) of the Tenth Book also extends to these persons. (2) Anyone who has requested or has received benefits in accordance with this book has provided or provided benefits to anyone who has applied for, or has provided for, the services of this book. , the institution of the social assistance has to provide information on request to the institution of the social assistance, insofar as it is necessary to carry out the tasks according to this book on a case-by-case basis. (3) Anyone who benefits from the services provided by is, or has been, committed to, or has been, an obligation to do so are, or have been, likely to exclude or to reduce benefits, or hold assets or hold assets, shall have the social assistance institution at its request and, at the request thereof, and through income or property related thereto, To provide information to the extent that it is necessary for the performance of the services provided for in this book in individual cases. Section 21 (3) sentence 4 of the Tenth Book applies accordingly. (4) The employer is obliged to give the institution of social assistance the nature and duration of the employment, the place of work and the remuneration of the persons entitled to benefit from the book, To provide information to the authorities and their non-segregated spouses or partners, as well as to those who are liable for expenses, to the extent that the carrying out of this book requires it. (5) The information provided pursuant to paragraphs 1 to 4 for the purpose of issuing a request for information Obligates may refuse to provide information to them or to persons closely related to them (§ Article 383 (1) (1) to (3) of the Code of Civil Procedure) would be liable to be prosecuted for a criminal offence or for an offence. (6) Contrary to the law, who intentionally or negligently the information referred to in paragraphs 2, 3, first sentence and Paragraph 4 shall not be granted, not right, not in full or in good time. The administrative offence can be punished with a fine. Unofficial table of contents

Section 118 Review, administrative assistance

(1) The institutions of social assistance may also regularly examine persons who receive benefits under this book, with the exception of the fourth chapter, by means of automated reconciliations;
1.
whether and to what extent and for which periods they are or have been received by the Federal Employment Agency (information centre) or the institution of the statutory accident insurance or pension insurance (information centres),
2.
whether, and to what extent, periods in the performance of this book will coincide with periods of compulsory insurance or low-level employment,
3.
whether and which data has been transmitted to the Federal Office of Taxation (Information Office) pursuant to Section 45d (1) and (45e) of the Income Tax Act, and
4.
whether and to what extent a capital according to § 90 para. 2 no. 2 no longer serves the purpose of a funded supplementary pension provision within the meaning of Section 10a or Section XI of the Income Tax Act.
They may submit to the information centres for the purpose of checking in accordance with the first sentence, name, first name (name), date of birth, place of birth, nationality, sex, address and insurance number of the persons receiving benefits under this book. The information centres shall carry out the comparison with the data transmitted in accordance with the second sentence and shall transmit the data relating to the findings referred to in the first sentence to the institutions of social assistance. The data and data carriers made available to them shall be returned, deleted or destroyed immediately after the execution of the match. The social assistance providers may use the data transmitted to them only for the purpose of checking in accordance with the first sentence. The transmitted data of the persons in which the review does not lead to any deviating findings shall be deleted immediately. (2) The social assistance institutions shall have the power to keep persons who receive benefits under this book regularly in the By means of automated reconciliations, it is necessary to check whether and to what extent and for which periods they are or have been received by other social assistance providers, according to this book. For this purpose, the data required under paragraph 1, second sentence, may be transferred to other institutions of social assistance or to a central exchange within the meaning of Section 120 (1). They shall carry out the reconciliation of the data transmitted to them and shall return findings within the meaning of the first sentence to the mediating institutions of social assistance. If the data or data carriers transmitted to them are no longer required for the verification in accordance with the first sentence, they shall be returned immediately, deleted or destroyed. The verification procedures referred to in this paragraph may be combined and linked to the verification procedure referred to in paragraph 1. (3) The data office of the pension insurance institutions may, as a switching centre for the territory of the Federal Republic of Germany, be subject to the conditions laid down in paragraphs 1 and 2 store and use data transmitted to the data as required by the data referred to in paragraphs 1 and 2. You may use the data of the main file (§ 150 of the Sixth Book) and the data file (§ 28p (8) sentence 2 of the Fourth Book) which is kept for the examination by the employers, insofar as the data are required for the data reconciliation. The data stored at the data office of the pension insurance institutions in accordance with the first sentence must be deleted immediately after the data has been completed. (4) The social assistance providers are entitled to avoid unlawful use of social assistance. Data relating to persons receiving benefits in accordance with this book shall, in the case of other bodies in their administration, in the case of their economic undertakings and in the circles, administrative authorities and municipalities, shall be re-examined in so far as they are intended for the fulfilment of these Tasks are required. They may transmit the data referred to in the second sentence of paragraph 1 for the purpose of the review. The check may also be carried out regularly by means of automated reconciliation with the bodies in which the data referred to in the sentence 4 are available for the purpose of being responsible. According to the first sentence, the verification of the following data is permitted:
1.
date and place of birth,
2.
the status of persons and family,
3.
Residence,
4.
the duration and costs of leasing or leasing conditions of housing,
5.
Duration and cost of services related to electricity, gas, water, district heating or waste management; and
6.
Property as motor vehicle holder.
The bodies referred to in the first sentence shall be obliged to transmit the data referred to in sentence 4. They shall immediately delete the data transmitted to them in the course of the review after presentation of the notification. Transmission by these bodies shall not be required in so far as it is contrary to specific statutory provisions on the use of such services. Unofficial table of contents

§ 119 Scientific research on behalf of the Federal Government

The institution of social assistance may be a scientific institution which, on behalf of the Federal Ministry of Labour and Social Affairs, carries out a research project aimed at achieving the objectives of social welfare legislation. to review or improve social data, to the extent that:
1.
this is necessary for carrying out the research project, in particular the project with anonymized or pseudoanonymized data cannot be carried out, and
2.
the public interest in the research project significantly outweighs the legitimate interest of the parties concerned in the exclusion of the transmission.
Prior to the transmission, the persons concerned shall be informed in writing about the intended transmission, the purpose of the research project and their right of objection in accordance with sentence 3. You may object to the transfer within one month of the notification. Incidentally, the Second Chapter of the Tenth Book remains untouched. Unofficial table of contents

Section 120 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized by law with the consent of the Federal Council
1.
to regulate the procedure of automated data reconciliation in accordance with § 118 (1) and the costs of the procedure; provision should be made for the supply line to be sent to the information points by a central switching centre (head office) , the area of responsibility of which at least covers the territory of a federal state; and
2.
to regulate the procedure in accordance with § 118 (2).

Fifteenth Chapter
Statistics

First section
Federal Statistics for the Third and Fifth to Ninth chapters

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Section 121 Federal statistics for third and fifth to ninth chapters

In order to assess the effects of the third and fifth to ninth chapters and to further develop them, surveys shall be carried out on:
1.
the persons entitled to benefit, who
a)
Assistance for subsisting in accordance with the third chapter (§ § 27 to 40),
b)
Aid to health according to the Fifth Chapter (§ § 47 to 52),
c)
Integration assistance for disabled persons according to the Sixth Chapter (§ § 53 to 60),
d)
Assistance for care according to the seventh chapter (§ § 61 to 66),
e)
Help to overcome special social difficulties according to the Eighth Chapter (§ § 67 to 69) and
f)
Help in other life situations according to the Ninth Chapter (§ § 70 to 74)
shall be provided,
2.
The revenue and expenditure of the social assistance institutions after the third and fifth to ninth chapters
as federal statistics. Unofficial table of contents

Section 122 Survey characteristics

(1) The survey characteristics of the survey in accordance with Section 121 (1) (a) are:
1.
for persons entitled to benefit, to whom benefits are provided under the third chapter for at least one month:
a)
Gender, month of birth and year, nationality, migration background, in foreigners also residence status, position on the head of the household, type of additional surcharges provided,
b)
for those who are entitled to benefit, the 15. In addition to the characteristics referred to in point (a) above, the age limit referred to in section 41 (2) has not yet been reached: employment, limitation of performance,
c)
for persons entitled to benefit in groups of persons for which a common calculation of needs is carried out and for individual persons entitled to benefit: residential community and community part, type of institution, services in and out of facilities, start of the Performance by month and year, commencement of uninterrupted service provision for at least one member of the personal community by month and year, as referred to in § 27a (3), § 27b, 30 to 33, 34 (2) to (7), § § 35 to 38 and 133a Needs per month, net needs per month, type and level of the appropriate or in claim , the number of all household members, the number of all persons entitled to benefit in the budget,
d)
in the event of a change in the composition of the community of persons and, in the case of termination of service, in addition to the characteristics referred to in points (a) to (c): month and year of change in the composition or termination of the service, End of performance also the reason for the termination of benefits and
2.
for persons entitled to benefit who do not belong to the category 1 persons: sex, age group, nationality, existence of their own living space, type of institution.
(2) (omitted) (3) The survey characteristics of the surveys referred to in Article 121 (1) (b) to (f) shall be for each person entitled to benefit:
1.
Gender, month of birth and year of birth, municipality and part of the community, nationality, in the case of foreigners also resident status, type of institution, provided performance in the course of and at the end of the reporting year as well as in and out of facilities in accordance with Article 8, benefits provided at the end of the year, in accordance with the third and fourth chapters, in each case separately, in and out of establishments,
2.
in the case of persons entitled to benefits under the sixth and seventh chapters, the individual type of service and the expenditure per case, the beginning and end of the provision of services by month and year, and the type of accommodation, performance by a personal budget,
3.
in the case of persons entitled to benefits under the sixth chapter, in addition to those employees who are able to move to the general labour market,
4.
in the case of persons entitled to benefit under the Seventh Chapter, the provision of care services provided by social security institutions.
(4) The survey characteristics of the survey in accordance with Section 121 (2) are:
the nature of the institution, expenditure on services in and outside the bodies referred to in § 8, revenue in and outside of institutions by type of revenue and services in accordance with § 8. Unofficial table of contents

Section 123 auxiliary characteristics

(1) Aid characteristics for surveys according to § 121 are
1.
the name and address of the person responsible for providing information;
2.
for the survey in accordance with section 122 (1) (1), the identification numbers of the persons entitled to benefit,
3.
Name and telephone number of the person who is available for any queries.
(2) The identification numbers referred to in paragraph 1 (2) shall be used to check the accuracy of the statistics and to update the latest collection of stocks. They do not contain information on the personal and factual circumstances of the persons entitled to benefit and are to be deleted at the earliest possible time at the latest after the conclusion of the recurring inventory collection. Unofficial table of contents

Section 124 periodicity, reporting period and reporting times

(1) The surveys referred to in Article 122 (1) (1) (a) to (c) shall be carried out annually as of 31 December as stock surveys. The information shall also be given at the beginning and end of the service provision and in the event of a change in the composition of the personal community in accordance with Section 122 (1) (1) (c). The information referred to in Article 122 (1) (1) (d) shall also be given at the time of completion of the service provision and the change in the composition of the personal community. (2) The survey referred to in Article 122 (1) (2) shall be deemed to be the (3) The surveys referred to in § 122 (3) and (4) shall be carried out annually for the previous calendar year. Unofficial table of contents

§ 125 The obligation to provide information

(1) For the surveys according to § 121, there is a duty to provide information. The information referred to in section 123 (1) (3) and the information on the part of the community pursuant to § 122 (1) (1) (c) and (3) (1) are voluntary. (2) The responsible local and local social assistance providers shall be responsible for providing information. as well as the municipalities and municipal associations as far as they are responsible for the tasks of this book. Unofficial table of contents

Section 126 Transmission, publication

(1) The Federal Statistical Office and the Federal Statistical Office shall be entitled to apply to the competent federal or state authorities for use in relation to the legislative bodies and for the purposes of planning, but not for the regulation of individual cases. statistical offices of the countries tables with statistical results in accordance with § 121, even so far as table fields show only a single case. Tables whose table fields only have a single case may only be transmitted if they are not more differentiated than at government district level, in the case of city-states at district level. (2) The statistical offices of the In accordance with Section 121 of the Federal Statistical Office, the Federal Statistical Office provides the Federal Statistical Office with individual data from a random sample immediately after preparation of the collection and the survey in the course of the reference year. with a selection rate of 25 per cent of the beneficiaries (3) The results of the social assistance statistics may be published to the individual community. Unofficial table of contents

Section 127 Transmission to local authorities

(1) For statistical purposes only, the authorities of the municipalities and the municipal associations responsible for carrying out statistical tasks may, for their areas of responsibility, provide details of the survey referred to in Article 122, with the exception of the auxiliary characteristics (2) The data may also be transmitted for intercommunal comparative purposes, if the institutions concerned agree to the social assistance, and is ensured that the data collection of the reporting bodies is based on: standardized acquisition and reporting systems as well as standardized evaluation routine. Unofficial table of contents

Section 128 Further elevations

Additional surveys may be carried out as federal statistics if necessary, by means of services and measures according to the third and fifth to ninth chapters, which are not covered by the surveys in accordance with Section 121 (1).

Second section
Federal Statistics for the Fourth Chapter

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Section 128a Federal Statistics for the Fourth Chapter

(1) In order to assess the effects of the fourth chapter as well as on its further development, surveys of the persons entitled to benefit as federal statistics shall be carried out. The surveys are carried out centrally by the Federal Statistical Office. (2) The statistics referred to in paragraph 1 shall include the following categories of information:
1.
Personal characteristics,
2.
Type and level of needs,
3.
The type and amount of income that is being charged.
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§ 128b Personal characteristics

Survey characteristics according to § 128a (2) (1) are
1.
gender, year of birth, nationality and state,
2.
Month of birth, municipality and district, in foreigners also residence status,
3.
-performance in and out of facilities, in the case of non-performing persons, in addition to the number of persons living in the household, in the case of persons entitled to benefit in facilities, the type of accommodation,
4.
the institution of the performance,
5.
the beginning of the payment by month and year as well as the cause of the payment of benefits, the end of the benefit payment by month and year and the reason for the cessation of the performance,
6.
Duration of performance in months,
7.
Simultaneous receipt of benefits after the third and fifth to ninth chapters.
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§ 128c Art and level of needs

The survey characteristics referred to in Article 128a (2) (2) shall be:
1.
Rule-on-demand level, paid rule set in rule-demand levels, and different ruleset-setting,
2.
Additional requirements by type and height,
3.
one-time needs according to type and height,
4.
Contributions to health and care insurance, separated by
a)
Contributions for compulsory insurance in statutory health insurance,
b)
Contributions for a voluntary insurance in statutory health insurance,
c)
Additional contributions according to the Fifth Book,
d)
Contributions for private health insurance,
e)
contributions for a social care insurance,
f)
Contributions for a private nursing care insurance,
5.
Contributions for the pension provision, separated by
a)
Contributions to retirement provision,
b)
Expenses for non-cash insurance,
6.
Requirements for education and participation, separated by
a)
School trips,
b)
multi-day class trips,
c)
Equipment with personal school needs,
d)
School transport,
e)
the promotion of learning,
f)
Participation in a Community lunch,
7.
Expenses for accommodation and heating as well as other assistance to secure the accommodation,
8.
gross and net needs,
9.
Loans.
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§ 128d Type and amount of the income calculated

Survey characteristics in accordance with Article 128a (2) (3) are the respective amounts of the income type, separately according to
1.
old-age pension from statutory pension insurance,
2.
Survivor's pension from statutory pension insurance,
3.
pensions due to disability,
4.
Pensions,
5.
pensions from occupational retirement provision,
6.
pensions from private pension provision,
7.
Asset Income,
8.
income according to the Federal Supply Act,
9.
earned income,
10.
an increase in the income of a partner living in the common household,
11.
public services for children,
12.
other income.
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§ 128e auxiliary characteristics

(1) Aid characteristics for the federal statistics according to § 128a are
1.
Name and address of the person responsible for providing information in accordance with § 128g,
2.
the identification numbers of the person entitled to benefit,
3.
The name and telephone number as well as the address for electronic mail of the person available for any queries.
(2) The identification numbers referred to in paragraph 1 (2) shall be used to check the accuracy of the statistics and to update the latest collection of stocks. They do not contain any information about the personal and factual circumstances of the person entitled to benefit and are to be deleted at the earliest possible date, at the latest after the conclusion of the recurring inventory collection. Unofficial table of contents

§ 128f periodicity, reporting period and reporting times

(1) The Federal Statistics in accordance with § 128a shall be carried out quarterly. (2) The characteristics according to § § 128b to 128d, excluding the characteristic according to § 128b point 5, shall be collected as an inventory survey at the end of the quarter, with the information on the requirements (3) The characteristics referred to in § 128b point 5 shall be levied for the entire quarterly period, while at the same time the characteristics according to § 128b Number 1 and 2. In the case of completed services, the current duration of the service is also to be levied in accordance with § 128b (6). (4) The characteristics of Section 128c (6) shall be levied for each month of a quarter, while at the same time the characteristics according to § 128b point 1 and 2. Unofficial table of contents

§ 128g Information to be provided

(1) The Federal Statistics in accordance with § 128a shall be required to provide information. The exchange of information for the information according to § 128e number 3 and to the municipal section pursuant to § 128b (2) are voluntary. (2) The responsible persons responsible for the implementation of the law according to the Fourth Chapter shall be responsible for providing information. Unofficial table of contents

§ 128h Data transfer, publication

(1) The individual data sets, which are in themselves coherent and in accordance with uniform standards, shall be electronically sent to the statistical authorities by the parties responsible for providing information up to the end of 30 working days after the end of the respective reporting quarter as in accordance with Section 128f Federal Office of the Federal Republic of Germany To the extent that the transmission between information technology networks of the Federal Government and the Länder takes place, according to § 3 of the Law on the Connection of the Information Technology Networks of the Federal Government and the Länder-Law on the implementation of Article 91c Paragraph 4 of the Basic Law-of 10 August 2009 (BGBl. I p. 2702, 2706) to use the network. The data to be transmitted are to be signed and encrypted according to the state of the art. (2) The Federal Statistical Office sends the Federal Ministry of Labour and Social Affairs to the Federal Ministry of Labour and Social Affairs for the purposes of planning, but not for the regulation. of individual cases, tables with the results of the Federal Statistics according to § 128a, even as far as the table fields have only one case. (3) For the further development of the system of basic insurance in old age and in the case of incapacity reduction, the Federal Statistical Office at the request of the Federal Ministry of Labour and Social Affairs Individual data from a sample drawn by the Federal Statistical Office and not more than 10 per cent of the total population of the persons entitled to benefit. The individual data to be transmitted are used for the development and operation of microsimulation models by the Federal Ministry of Labour and Social Affairs and may only be used to the extent required for this purpose and by means of a secure data transfer are transmitted exclusively to the Federal Ministry of Labour and Social Affairs. Information on the characteristics of the survey according to § 128b (2) and (4) and the auxiliary characteristics in accordance with § 128e may not be provided; figures for monthly averages in the individual figures shall be given by the Federal Statistical Office to the full euro (4) In the processing and use of the data referred to in paragraph 3, statistical secrecy shall be maintained in accordance with Section 16 of the Federal Statistics Act. To this end, the separation of statistical and non-statistical tasks by organisation and procedures must be ensured. The data transmitted in accordance with paragraph 3 may only be used for the purposes for which they have been transmitted. The Federal Ministry of Labour and Social Affairs does not allow the distribution of individual data from a sample according to the first sentence of paragraph 3 by the Federal Ministry of Labour and Social Affairs. The individual data transmitted shall be deleted after the purpose for which they were transmitted. (5) The Federal Statistical Office shall send the statistical offices of the Länder tables with the results of the Federal Statistics for the respective countries. Countries and the institutions responsible for the implementation of the law in accordance with the Fourth Chapter. The Federal Ministry of Labour and Social Affairs also receives these tables. The statistical offices of the Länder also receive, for their country, the individual data sets for special preparations at the regional level. (6) The results of the Federal Statistics in accordance with this section may be applied to the individual municipalities. will be published.

Third Section
Authorisation

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Section 129 Regulation empowerment

The Federal Ministry of Labour and Social Affairs may, in agreement with the Federal Ministry of the Interior, in agreement with the Federal Ministry of the Interior, with the consent of the Federal Council, provide for additional rules on the subject of
a)
the county of the parties responsible for providing information pursuant to § 125 (2),
b)
the groups of persons entitled to benefit, to whom aid is provided under the third and fifth to ninth chapters,
c)
the persons entitled to benefit, to whom certain individual aid benefits shall be provided under the third and fifth to ninth chapters,
d)
the date of the surveys;
e)
the required collection and auxiliary characteristics as defined in § § 122 and 123; and
f)
the nature of the survey (full or random sample).

Sixteenth chapter
Transitional and final provisions

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Section 130 Transitional arrangements for outpatient care

§ 3a of the European Parliament and the Council of the European Union shall apply to persons who receive assistance for the benefit of the disabled person or the care assistance provided on 26 June 1996 by persons employed by them or by outpatient services. Federal Social Assistance Act in the version in force on 26 June 1996. Unofficial table of contents

Section 131 Transitional arrangements for statistics on revenue and expenditure according to the fourth chapter

The surveys referred to in Article 121 (2), in conjunction with Section 122 (4), in the version in force on 31 December 2014 of the expenditure and revenue of the institutions responsible for the execution of cash benefits under the fourth chapter, shall be in force on 31 December 2014. also in the reporting years 2015 and 2016. § § 124 to 127 are to be applied in the version valid on 31 December 2014. Unofficial table of contents

Section 132 Transitional arrangements for the granting of social assistance for Germans living abroad

(1) Germans who received benefits in accordance with Section 147b of the Federal Social Assistance Act in the version in force at the time on 31 December 2003 will continue to receive these benefits in the event of continued need. (2) German,
1.
in the 24 calendar months preceding 1 January 2004, without interruption, in accordance with Section 119 of the Federal Social Assistance Act, referred to in the version in force on 31 December 2003, and
2.
have a permanent residence permit in the country of residence,
will continue to receive these services in the event of continued neediness. For Germans who have received benefits in accordance with § 119 of the Federal Social Assistance Act in the version in force on 31 December 2003 and do not meet the conditions laid down in the first sentence or the conditions laid down in Section 24 (1) of the Federal Social Assistance Act (Bundessozialhilfe gesetz), the Benefits in the event of continued neediness with the expiry of 31 March 2004. (3) Germans who fulfil the requirements of § 1 (1) of the German Federal Compensation Act and
1.
have left the territory of the German Reich or the Free City of Gdansk between 30 January 1933 and 8 May 1945 in order to give themselves to a special compulsive situation which they are not responsible for and which is due to the political conditions withdraw or, for the same reasons, have not been able to return to the territory of the German Reich or the Free City of Gdansk, or
2.
after 8 May 1945 and before 1 January 1950, left the territory of the German Reich after the stand of 31 December 1937, or the territory of the Free City of Gdansk,
, provided that they have a permanent right of residence in the State of residence, they may receive benefits in exceptional circumstances, even if they do not fulfil the conditions laid down in paragraphs 1 and 2 or in accordance with Article 24 (1); § 24 (2) shall apply. Unofficial table of contents

Section 133 Transitional arrangements for special aid to Germans pursuant to Article 116 (1) of the Basic Law

(1) Germans born outside the scope of this Act but within the territory referred to in Article 116 (1) of the Basic Law and having their habitual residence there may be special in exceptional emergency situations. Even if they do not meet the requirements of Section 24 (1). Section 24 (2) applies. The amount of these benefits shall be measured according to the usual benefits in comparable living conditions in the country of residence. The special aid will be provided by the Federal Government by means of the Federal Government's assumption of costs by the Federal Government. (2) The Federal Government is empowered to provide personal data with the consent of the Federal Council, by means of a legal regulation. To determine the conditions of reference, the dimensioning of the services as well as the sponsorship and the procedure. Unofficial table of contents

Section 133a Transitional arrangements for aid recipients in institutions

For persons who are entitled to an additional cash amount in accordance with Section 21 (3) sentence 4 of the Federal Social Assistance Act on December 31, 2004, this benefit will be further provided in the amount determined for the full calendar month of December 2004. Unofficial table of contents

§ 133b (omitted)

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Section 134 Transitional arrangements for the continuation of rule-of-law stages 4 to 6

By way of derogation from § 28a, the standard requirements 4 to 6 of the Appendix to § 28 are not to be continued with the percentage of the percentage resulting from the regulation pursuant to § 40, as long as the corresponding continuation of the amounts pursuant to § 8 (1) Number 4 to 6 of the rule-on-law investigative law would not give rise to higher amounts. Unofficial table of contents

Section 135 Transitional regime on the occasion of the Second Legal Purification Act

(1) On 31 December 1986, in accordance with the provisions of the Second Law Enforcement Act, tuberculosis sufferers, tuberculosis-related or tuberculosis-related services, which are not in force in accordance with the provisions of the Second Law Unification Act, have been shall continue to apply, but not until 31 December 1987 at the latest. The local institution responsible for social assistance remains the responsibility of the local authorities, unless the local institution is responsible under national law. (2) The Länder may be responsible for administering the loans granted under the previous aid for the treatment of tuberculosis to other authorities . Unofficial table of contents

Section 136 Transitional arrangements for evidence in the years 2013 and 2014

(1) In 2013 and 2014, the Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) has to show in tabular form for the respective fifteenth of the months of May, August, November and February for each quarter:
1.
the gross expenditure on cash benefits pursuant to section 46a (2) and the revenue generated thereon,
2.
the gross expenditure and revenue referred to in point 1, differentiated by benefits for persons entitled to benefit outside and in institutions.
(2) The Länder shall provide the Federal Ministry of Labour and Social Affairs with the information referred to in paragraph 1 for the calendar year 2013 to 31 May 2014 and in tabular form for the calendar year 2014 to 31 May 2015. Unofficial table of contents

Section 137 Transitional regulation on the occasion of the law for the determination of regulation requirements and amending the Second and Twelfth Book of Social Law

If the law for the determination of rule requirements and the amendment of the Second and Twelfth Book of the Social Code comes into force, it comes to a reduction of the rule requirement in accordance with § 27a (3) sentence 1 or § 42, point 1, for the period of time from 1 January to 31 March 2011, no rules shall be reimbursed. An offsetting is inadmissible. Unofficial table of contents

Section 138 Continuation of the rule-of-law steps as of 1 January 2012

The rule requirements are updated in two stages as of 1 January 2012 as follows:
1.
By way of derogation from § 28a (2) and § 40, the rule requirements shall be continued with the rate of change of the mixing index resulting from the change in the twelve-month period starting from 1 July 2009 and ending on 30 June 2010 the annual average value of 2009; the rate of change is 0.75 of the hundred;
2.
the amounts resulting from the update referred to in point 1 after application of the rounding scheme in accordance with Section 28 (4) sentence 5 for each rule-of-demand stage shall be continued in accordance with Section 28a.
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Annex (to § 28)
Rule requirements according to § 28 in Euro







valid rule- Requirement level 1rule- requirement level 2rule- requirement level 3rule- requirement level 4rule- Demand level 5Rule- Demand level 6
1 January 2011 364 328 291 287 251 215
1 January 2012 374 337 299 287 251 219
1 January 2013 382 345 306 289 255 224
1 January 2014 391 353 313 296 261 229
1 January 2015 399 360 320 302 267 234


Rule requirement level 1:
For an adult person who is entitled to benefit and who, as a single or single person, has his own household, even if in this household one or more other adult persons are living, who shall be subject to the level of control 3.

Rule requirement level 2:
For each two adult beneficiaries who have a common household as spouses, life partners, or similar or life-partnership-like community.

Rule requirement level 3:
For an adult performing person who does not have his own household, or as a spouse, life partner, or in a similar or life-partnership-like community, a common household.

Rule requirement level 4:
For a young person entitled to benefit or a young person entitled to benefit from the start of the 15 years. up to the completion of the 18. Life Year.

Rule requirement level 5:
For a performance-entitled child from the beginning of the seventh to the completion of the 14th Life Year.

Rule requirement level 6:
For a performing child up to the completion of the sixth year of life.

Footnote

Annex: Inc. by Art. 3 No. 42 G v. 24.3.2011 I 453 mWv 1.1.2011; in accordance with the grounds of the judgment, compatible with the GG. BVerfGE v. 23.7.2014 I 1581-1 BvL 10/2012 u.a.