Social Code (SGB) Neuntes Buch (IX)-Rehabilitation and participation of disabled people-(Article 1 of the Law of 19.6.2001, BGBl. 1046)

Unofficial table of contents

SGB 9

Date of completion: 19.06.2001

Full quote:

" The ninth book Social Code-Rehabilitation and Participation of Disabled People-(Article 1 of the Law of 19 June 2001, BGBl. 1046, 1047), most recently by Article 1a of the Law of 7 January 2015 (BGBl. 2015 II p. 15) "

Status:

Last amended by Art. 1a G v. 7.1.2015 II 15

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2001 + + +) 

  

The G was decided by the Bundestag with the consent of the Bundesrat. It's gem. Art. 68 (1) G 860-9/1 v. 19.6.2001 I 1046 mWv 1.7.2001 entered into force. § 56 is on 1.7.2000, § 50 para. 3 and § 144 para. 2 entered into force on 23.6.2001. Unofficial table of contents

Content Summary

Part 1
Schemes for disabled persons and persons at risk of disability
	Chapter 1
	General rules
Self-determination and participation in life in society ....		§ 1
Disability ...........................................................		§ 2
Priority of prevention ........................................................		§ 3
Benefits for participation .......................................		§ 4
Performance Groups ..............................................		§ 5
Rehabilitation-bearing.........................................		§ 6
Rehabilitationbearer for benefits for participation in working life after the Second book .......................		§ 6a
Reservation of deviant regulations ..............................		§ 7
The priority of benefits for participation ...........................		§ 8
The right to request and the right to vote of the eligible persons.		§ 9
Coordination of benefits ..................................		§ 10
Cooperation of benefits ................................		§ 11
Co-operation of the rehabilitation carriers ..............................		§ 12
Joint Recommendations ................................................................		§ 13
Declaration of jurisdiction .........................................................		§ 14
Reimbursement of self-procured services .......................		§ 15
Authorisation for Regulation .......................................................		§ 16
	Chapter 2
	Execution of benefits for participation
Execution of Services, Personal Budget ................		§ 17
Place of performance ..................................................		§ 18
Rehabilitation services and facilities .....................		§ 19
Quality assurance ............................................................		§ 20
Contracts with service providers ..............................		Section 21
Authorisation for Regulation .......................................................		Section 21a
	Chapter 3
	Common Service Points
Tasks ......................................................		Section 22
Service Points ........................................................		Section 23
Report .......................................................		§ 24
Authorisation for Regulation .......................................................		Section 25
	Chapter 4
	Medical rehabilitation services
Medical rehabilitation services ...........................		Section 26
Medical treatment and rehabilitation ..........................		§ 27
Progressive Reintegration ...............................		§ 28
Promotion of self-help .....................................		§ 29
Early detection and early promotion ...............................		§ 30
Aids ...................................................		Section 31
Regulation authorisations		Section 32
	Chapter 5
	Benefits for participation in working life
Benefits for participation in working life .......................		§ 33
Benefits to employers ..............................................................		Section 34
Vocational Rehabilitation Institutions ..................		§ 35
Legal status of the participants ..............................		§ 36
Duration of benefits ..........................................................		Section 37
Participation of the Federal Employment Agency ..............................		§ 38
Supported employment ..........		Section 38a
Services in workshops for disabled persons .............		§ 39
Services in the initial and vocational education and training sectors ..		§ 40
Services in the Working Area ..................................		Section 41
Responsibility for services in workshops for disabled people .....................................................		§ 42
Labour subsidy .........................................................		Section 43
	Chapter 6
	Maintenance and other complementary services
Supplementary benefits .........................................................		Section 44
Benefits for living ................................		§ 45
Amount and calculation of the transitional amount ........................		Section 46
Calculation of the rule charge ..................................		§ 47
Calculation basis in special cases ..........................		§ 48
Continuity of the basis of assessment ...........................		§ 49
Adjustment of compensation for remuneration .........................		§ 50
Further payment of benefits ..................................		Section 51
Income statement ..........................................................		Section 52
Travel expenses ...........................................................		Section 53
Budgetary or operational assistance and childcare costs ......		§ 54
	Chapter 7
	Benefits for participation in life in the Community
Benefits for participation in life in the Community ..........		§ 55
Healing pedagogical services ...................................................		§ 56
Promotion of understanding ............................................................		Section 57
Aid for participation in Community and cultural life		Section 58
Authorisation for Regulation .......................................................		§ 59
	Chapter 8
	Securing and coordinating participation
	Title 1
	Securing advice and information
Obligations Personensorgeauthorized ...........................		§ 60
Securing the advice of disabled people...		Section 61
National doctors ...................................................		Section 62
	Title 2
	Plaintily of the Associations
Plaintily of the associations .......................................................		§ 63
	Title 3
	Coordination of the participation of disabled people
Advisory board for the participation of disabled people ..................		Section 64
Procedure of the Advisory Council .........................................................		Section 65
Reports on the situation of disabled people and the development of their participation ...................................................		Section 66
Authorisation for Regulation .......................................................		Section 67
Part 2
Special arrangements for the participation of severely disabled persons (severely disabled persons)
	Chapter 1
	Protected persons
Scope ...............................................		Section 68
Identification of the disability, ID. ........................		Section 69
Authorisation for Regulation .......................................................		Section 70
	Chapter 2
	Employers ' employment obligations
Employers ' obligation to employ severely disabled persons .................................................................		Section 71
Employment of special groups of severely disabled people ...		Section 72
Concept of workplace ............................................................		Section 73
Calculation of the minimum number of jobs and of the number of compulsory jobs ..............................................................		Section 74
Offsetting of employees to the number of compulsory jobs for severely disabled people ................................		§ 75
Multi-invoice ............................................................		Section 76
Countervailing charge ..............................................................		Section 77
Equalisation Fund ...................................................		Section 78
Regulation authorisations		§ 79
	Chapter 3
	Other obligations of employers; rights of severely disabled persons
Cooperation of employers with the Federal Employment Agency and the Integration Offices ............................		§ 80
Obligations of the employer and the rights of severely disabled persons .................................................................		§ 81
Special obligations of public employers ..............		Section 82
Integration Agreement ......................................		Section 83
Prevention ........................................................		Section 84
	Chapter 4
	Protection against dismissal
Requirement of consent ........................................		§ 85
Notice period ...................................................		§ 86
Application Procedure ..............................................................		Section 87
Decision of the Integration Office ............................		Section 88
Limitations of the discretionary decision .....................		§ 89
Exceptions .....................................................		§ 90
Extraordinary dismissal ........................................		Section 91
Advanced termination protection ................................		§ 92
	Chapter 5
	Operational, Human, Judge, Prosecutor and Presidential Council, Representative for the Disabled, Representative of the employer
Duties of the establishment, staff, judges, prosecutors and presiding councings ............................................................		Section 93
Election and term of office of the representatives of the severely disabled .............		Section 94
Tasks of the severely disabled representative ..............................		§ 95
Personal rights and obligations of the persons of the severely disabled persons ........................................................		§ 96
Group, total, county and main disabled representatives ..............................		Section 97
Employer Envoy ................................		Section 98
Cooperation ........................................................		§ 99
Authorisation for Regulation .......................................................		§ 100
	Chapter 6
	Implementation of the special arrangements for the participation of severely disabled people
Cooperation of the Integration Offices and the Federal Employment Agency ...................................................		§ 101
Tasks of the Integration Office ................................		Section 102
Advisory Committee on Disabled People at the Integration Office ......................................................		Section 103
Tasks of the Federal Employment Agency .........................		Section 104
Advisory Committee for Disabled People at the Federal Employment Agency (Bundesagentur für Arbeit)		Section 105
Common rules .......................................		Section 106
Transfer of tasks ..............................................................		Section 107
Authorisation for Regulation .......................................................		Section 108
	Chapter 7
	Integration services
Concept and group of persons .....................................		§ 109
Tasks ......................................................		§ 110
Assignment and responsibility ...........................		Section 111
Technical requirements .......................................................		Section 112
Financial benefits ........................................................		Section 113
Results Observation ...........................................		Section 114
Authorisation for Regulation .......................................................		§ 115
	Chapter 8
	Termination of the application of the special arrangements for the participation of severely disabled persons and persons with equal rights of disabled persons
Termination of the application of the special arrangements for the participation of severely disabled persons ...................................................		Section 116
Deprivation of special aid for severely disabled people		Section 117
	Chapter 9
	Opposition proceedings
Contradiction ...................................................		Section 118
Opposition Committee at the Integration Office ................		§ 119
Opposition committees of the Federal Employment Agency ...........		§ 120
Procedural rules ........................................................		Section 121
	Chapter 10
	Other provisions
Priority of the severely disabled people ........................		§ 122
Remuneration and salaries ...............................		§ 123
Multi-work ........................................................		Section 124
Additional breaks ..........................................................		§ 125
Adverse balance ............................................................		§ 126
Employment of severely disabled people in homework ........		§ 127
Severely disabled civil servants, judges and judges, soldiers and soldiers .......................		§ 128
Independent activity .........................................................		Section 129
Obligation of secrecy .........................................................		§ 130
Statistics .................................................................		Section 131
	Chapter 11
	Integration Projects
Concept and group of persons .....................................		Section 132
Tasks ......................................................		§ 133
Financial benefits ........................................................		Section 134
Authorisation for Regulation .......................................................		§ 135
	Chapter 12
	Workshops for disabled people
Concept and tasks of the workshop for disabled people ....		Section 136
Admission to the workshops for disabled people ...........		Section 137
Legal status and pay for disabled persons ........		§ 138
Participation ....................................................		Section 139
Offsetting of contracts to the countervailing charge...		§ 140
Award of contracts by the public authorities ..............		Section 141
Recognition procedure .........................................................		Section 142
Blindenwerkstätten ............................................................		Section 143
Regulation authorisations		Section 144
	Chapter 13
	Free movement of disabled persons in public passenger transport
Free movement, entitlement to reimbursement of bounty outages ..............................................................		§ 145
Personal Requirements ...................................		Section 146
Close-and long-distance transport ..........................................		Section 147
Reimbursement of travel expenses in local transport .................		§ 148
Reimbursement of travel expenses in long-distance transport ................		§ 149
Refund procedure ..................................................		Section 150
Cost entrap ..............................................................		Section 151
Revenue from valuables ............................................................		Section 152
Identification of the badgements........................................................		Section 153
Regulation authorisations		Section 154
	Chapter 14
	Criminal, penal and final provisions
Criminal provisions ............................................................		§ 155
Monetary rules ............................................................		Section 156
City State Clause ............................................................		Section 157
Special arrangements for the Federal Intelligence Service ................		Section 158
Transitional arrangements .........................................................		Section 159
(fallen away) .......................................		Section 159a
Review Regulation ..........................................................		§ 160

Part 1
Schemes for disabled persons and persons at risk of disability

Chapter 1
General rules

Unofficial table of contents

§ 1 Self-determination and participation in life in society

Disabled persons or persons at risk of disability receive benefits in accordance with this book and the power laws applicable to the rehabilitation modes in order to promote their self-determination and equal participation in life in society, To avoid disadvantages or to counteract them. This will take account of the special needs of disabled women and children who are threatened by disability. Unofficial table of contents

§ 2 Disability

(1) People are disabled if their physical function, mental capacity or mental health is highly likely to deviate from the condition typical of life for more than six months, and therefore their participation in life in the Society is impaired. They are threatened by disability if the impairment is to be expected. (2) People are severely disabled within the meaning of Part 2, if they have a degree of disability of at least 50 and they are resident, their habitual residence or their employment in a workplace within the meaning of § 73, legitimately within the scope of this Code. (3) Disabled persons shall be treated as disabled persons with a degree of disability of less than 50, but at least 30 in which the other conditions set out in paragraph 2 are met if: they cannot acquire or retain an appropriate workplace within the meaning of § 73 as a result of their disability without equal treatment (equal disabled persons). Unofficial table of contents

§ 3 Priority to prevention

The rehabilitation carriers have an effect on preventing the occurrence of a disability, including a chronic disease. Unofficial table of contents

§ 4 Benefits for participation

(1) The benefits for participation include the necessary social benefits in order to be independent of the cause of the disability.

1.

to prevent, eliminate, reduce, prevent or mitigate the effects of the disability,

2.

To avoid, overcome, reduce or prevent a worsening of the labour force or need for care, as well as to avoid the premature connection of other social benefits or to reduce current social security benefits,

3.

to permanently secure the participation in working life according to the inclinations and abilities, or

4.

to promote personal development holistically and to facilitate or facilitate the participation in life in society and as independent and self-determined life as possible.

(2) The performance of participation shall be provided in addition to other social benefits in order to achieve the objectives set out in paragraph 1, in accordance with the provisions of this Book and the specific provisions applicable to the competent service providers. In the case of the individual case, the service providers shall provide the services in accordance with the legislation applicable to them in such a complete, comprehensive and in the same quality that the services of another institution shall not be required as far as possible. (3) Services for disabled or disabled children are planned and designed in such a way that, if possible, children cannot be separated from their social environment and can be cared for in common with children who are not disabled. In this context, disabled children are involved in the planning and development of the individual aid in accordance with age and development, and their custody is intensively involved in the planning and design of the aid. Unofficial table of contents

§ 5 Performance Groups

Participation is provided

1.

medical rehabilitation services,

2.

Benefits for participation in working life,

3.

maintenance and other complementary services,

4.

Benefits for participation in life in the Community.

Unofficial table of contents

§ 6 Rehabilitationbearer

(1) Carriers of benefits for participation (rehabilitation support) may be

1.

the statutory health insurance funds for benefits pursuant to § 5 (1) and (3),

2.

the Federal Employment Agency for the services referred to in § 5 (2) and (3),

3.

the holders of the statutory accident insurance for benefits in accordance with § 5 Nr. 1 to 4,

4.

the institutions of the statutory pension insurance scheme for benefits under § 5 (1) to (3), the institution of the pension insurance scheme for farmers for benefits under § 5 (1) and (3)),

5.

the institutions of the provision of the victims of the victims of war and the carriers of the victims of the victims of war in the context of the right of social compensation in the event of damage to health for benefits under § 5 (1) to (4),

6.

the public youth assistance providers for the services referred to in Article 5 (1), (2) and (4),

7.

the institutions of social assistance for benefits in accordance with § 5 (1), (2) and (4).

(2) The rehab carriers shall carry out their duties independently and independently. Unofficial table of contents

§ 6a Rehabilitation support for participation in working life according to the Second Book

The Federal Employment Agency (Bundesagentur für Arbeit) is also a rehabilitation carrier for the benefits of participation in working life for disabled persons with disabilities in the sense of the Second Book, unless a different type of rehabilitation support is responsible. The competence of the joint institution or of the approved municipal institution for the performance of the professional participation of disabled persons in accordance with Section 16 (1) of the Second Book remains unaffected. The Federal Employment Agency shall inform the competent joint institution or the approved municipal institution and the persons entitled to benefit in writing of the rehabilitation needs identified and their proposal for inclusion. The joint institution or the competent municipal institution shall decide within three weeks on the benefits of professional participation, taking into account the proposal for inclusion. Unofficial table of contents

Section 7 Subject to deviating regulations

The provisions of this book apply to the benefits for participation, insofar as nothing deviates from the performance laws applicable to the respective rehabilitation carrier. The responsibility and the conditions for the performance of the participation are based on the performance laws applicable to the respective rehabilitation support. Unofficial table of contents

§ 8 Priority of benefits for participation

(1) Where social benefits are requested or provided in the case of a rehabilitation carrier because of or taking into account a disability or impending disability, the person concerned shall examine whether benefits shall be considered irrespective of the decision on these benefits. (2) Benefits for participation take precedence over pension benefits, which would not be or are expected to be provided at a later date in the event of successful participation in participation. This applies during the course of the payment of a pension. (3) Paragraph 1 is also applicable in order to avoid, overcome, diminish or prevent a aggravation by means of benefits for the participation in the need for care. Unofficial table of contents

§ 9 Right of choice and voting rights of persons entitled to benefit

(1) In the case of the decision on the performance and in the execution of the benefits for participation, the legitimate wishes of the persons entitled to benefit shall be met. It also takes account of the personal situation, age, gender, family and the religious and ideological needs of the persons entitled to benefit; in addition, § 33 of the First Book is applicable. Account shall be taken of the special needs of mothers and fathers with disabilities in the fulfilment of their educational order and the special needs of children with disabilities. (2) Benefits for participation not in rehabilitation centres , at the request of the persons entitled to benefit, cash benefits may be provided if the benefits are likely to be carried out economically at least equivalent to the same effectiveness. For the assessment of the efficacy, the persons entitled to benefit from the rehabilitation support shall provide appropriate documents. The recipient of the rehabilitation shall be informed if he does not comply with the wishes of the persons entitled to benefit under paragraphs 1 and 2. (3) Services, services and facilities shall leave as much room as possible for the persons entitled to benefit (4) The benefits are subject to the consent of the persons entitled to benefit. Unofficial table of contents

Section 10 Coordination of benefits

(1) Insofar as services of different performance groups or of several rehabilitation carriers are required, the rehabilitation carrier, which is performing in accordance with § 14, is responsible for ensuring that the participating rehabilitation carriers in consultation with each other and in Coordinate with the persons entitled to benefit the services that are expected to be required according to the individual needs, and compile them in writing in such a way that they interlock seamlessly. The benefits are adjusted according to the course of the rehabilitation and are aimed at the benefit entitled, taking into account the specificities of the individual case, the comprehensive comprehensive information corresponding to the objectives of § § 1 and 4 (1). To enable participation in life in society quickly, effectively, economically and in the long term. In doing so, the rehabilitation carriers shall ensure that the procedure is consistent with the respective requirements and shall ensure that the effective and economic performance of the services is carried out in accordance with the same standards and principles. (2) Paragraph 1 shall apply. (3) The special needs of people with disabilities or those threatened by such a disability will be taken into account, as appropriate for the integration offices in relation to benefits and other assistance for severely disabled persons in accordance with Part 2. (4) The data protection regulations of this code remain unaffected. Unofficial table of contents

§ 11 Cooperation of benefits

(1) In so far as it is necessary on a case-by-case basis, the competent rehabilitation carrier shall, at the same time, examine the initiation of a medical rehabilitation benefit, during its execution and after completion, whether or not by means of appropriate services to the Participation in working life can be given, improved or restored to the employability of disabled persons or those threatened by disability. It participates in the Federal Employment Agency in accordance with § 38. (2) During a medical rehabilitation service, it becomes apparent that the previous workplace is at risk, will be provided with the affected persons as well as the responsible rehabilitation carrier. (3) In the examination referred to in paragraphs 1 and 2, the Integration Office shall also be involved in the clarification of a need for assistance in accordance with Part 2. Unofficial table of contents

§ 12 Cooperation of the rehabilitation carriers

(1) Within the framework of the regulations established by law, decree law or general administrative provision, the rehab carriers are responsible for the fact that:

1.

the services required for participation in a case-by-case basis shall be provided in a seamless, rapid and consistent manner according to subject, scope and implementation

2.

demarcation issues shall be resolved by mutual agreement,

3.

advice is provided in accordance with the objectives set out in § § 1 and 4,

4.

Assessments shall be carried out as far as possible in accordance with uniform principles,

5.

Prevention is carried out in accordance with the objective set out in Article 3.

(2) The rehabilitation providers and their associations shall form, in particular, regional working groups for the common perception of tasks for the participation of disabled persons. Section 88 (1) sentence 1 and (2) of the Tenth Book shall apply accordingly. Unofficial table of contents

Section 13 Joint Recommendations

(1) The rehabilitation carriers in accordance with § 6 (1) no. 1 to 5 agree on joint recommendations in order to secure the cooperation pursuant to § 12 paragraph 1. (2) The rehabilitation carriers according to § 6 (1) No. 1 to 5 agree on joint recommendations,

1.

which measures are appropriate in accordance with § 3 in order to avoid the occurrence of a disability, as well as the statistical recording of the number, scale and effects of such measures;

2.

In which cases and in what manner people in need of rehabilitation are offered the necessary benefits for participation, in particular in order to prevent a disability caused by the chronification of diseases,

3.

in which cases and in what way the clarification of the objectives and the needs for services to be sought in the individual case is to be recorded in writing and on the design of the procedure specified in § 14,

4.

in which way the Federal Employment Agency is to be involved in the work of the remaining rehabilitation institutions in accordance with § 38,

5.

how to coordinate benefits for participation between different institutions,

6.

How and to what extent self-help groups, organisations and contact points, which have set themselves the goal of prevention, rehabilitation, early detection and management of diseases and disabilities, are encouraged,

7.

(dropped)

8.

In which cases and in what way the attending physician or specialist and the operating or plant physician are to be involved in the initiation and execution of benefits for participation,

9.

on the exchange of information with disabled employees, employers and the representations referred to in § 83 for the early identification of individual needs for the purposes of participation, as well as

10.

on their cooperation with social services and comparable bodies.

(3) In the case of a rehabilitation support, framework recommendations are based on statutory regulations and should be deviated from these in the joint recommendations or should the joint recommendations relate to items which are subject to the following: (4) The carriers of the pension, health and accident insurance may be insured by agreement with the respective partners of the framework recommendations. (4) in agreeing the joint recommendations by their (5) In the preparation of the joint recommendations, the institutions of social assistance and public youth assistance are to be provided via the Federal Association of Local Government Associations, the Federal Working Group of the Federal Republic of Germany (Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der The local social assistance institution, the Bundesarbeitsgemeinschaft der Landesjugendämter, and the Integration Offices in respect of benefits and other aid for severely disabled persons under Part 2 of the German Federal Labour Community (Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Bundesarbeitsgemeinschaft der Integration offices and main welfare bodies. The institutions of social assistance and public youth assistance shall, in the performance of their duties, be guided by the agreed recommendations or may accede in accordance with this book. (6) The associations of disabled persons, including those of Associations of the Free Welfare Care, the Self-help Groups and the Advocacy Groups of Disabled Women, as well as the relevant for the perception of the interests of outpatient and inpatient rehabilitation institutions at the federal level Top organisations will be involved in the preparation of the joint recommendations. Their concerns will be taken into account when making recommendations as far as possible. The recommendations also take into account the special needs of disabled or disabled women and children. (7) The participating rehabilitation carriers agree on the joint recommendations within the framework of the Federal Working Group on Rehabilitation in consultation with the Federal Ministry of Labour and Social Affairs and the countries on the basis of a proposal prepared by them within the Federal Working Group. The Federal Commissioner for Data Protection will be involved. If the Federal Ministry of Labour and Social Affairs has asked for a proposal, the Federal Working Group for Rehabilitation (Bundesarbeitsgemeinschaft für Rehabilitation) will submit the proposal within six months. The proposal shall be followed if it does not preclude the legitimate interests of a rehabilitative carrier. Objections under sentence 4 shall be removed within four weeks of the submission of the proposal. (8) The rehabilitation carriers shall share their experience with the joint recommendations of the Bundesarbeitsgemeinschaft für Rehabilitation every two years, which shall: Insurance institutions for pension, sickness and accident insurance through their top associations. The Federal Association for Rehabilitation (Bundesarbeitsgemeinschaft für Rehabilitation) provides the Federal Ministry of Labour and Social Affairs and the Länder with a summary. (9) The joint recommendations can be made by the regionally responsible rehabilitation carriers. will be given concrete form. Unofficial table of contents

Section 14 Statement of jurisdiction

(1) If benefits are requested for participation, the rehabilitation carrier shall establish, within two weeks of receipt of the application, whether he is responsible for the performance of the performance in accordance with the performance law applicable to him; The examination shall also include the obligation to provide services in accordance with § 40 (4) of the Fifth Book. If, in the course of the examination, he finds that he is not responsible for the performance, he shall immediately forward the request to the rehabilitation support responsible in accordance with his view. If the cause of the obstruction has to be clarified for such a determination and if this clarification is not possible within the time limit laid down in the first sentence, the application shall be forwarded without delay to the rehabilitation carrier, who shall be responsible for the performance without regard to the cause of the cause. . If the application is filed with the Federal Employment Agency, the examination under sentences 1 and 2 does not make any findings pursuant to Section 11 (2a) No. 1 of the Sixth Book and § 22 (2) of the Third Book. (2) If the application is not , the rehabilitation carrier shall immediately determine the need for rehabilitation. If an expert opinion does not have to be obtained for this determination, the rehabilitation carrier shall decide within three weeks of receipt of the application. If the application is forwarded, the first and second sentences for the rehabilitation support to which the application has been forwarded shall apply accordingly; the time limit referred to in the second sentence shall begin with the receipt of the rehabilitation support. If an opinion is required for the determination of the rehabilitation needs, the decision shall be taken within two weeks of the opinion of the opinion. If the recipient of the rehabilitation to whom the application has been forwarded may not be a rehabilitation carrier in accordance with § 6 (1) for the performance requested, he shall immediately clarify with the rehabilitation support responsible according to his or her opinion, by whom and (3) The provisions of paragraphs 1 and 2 shall apply mutatis mutinly if the rehabilitation carrier provides services of its own motion. In this case, the day of application of the application shall be replaced by the date of knowledge of the expected rehabilitation needs. (4) After the grant of the benefit by a rehabilitation carrier referred to in the second sentence of the first sentence of paragraph 1, it shall be established that another person shall be informed of the need for a rehab. The person responsible for the performance shall be reimbursed to the rehabilitation carrier who has provided the service, the expenses of which shall be reimbursed in accordance with the legislation in force in this case. The Federal Employment Agency (Bundesagentur für Arbeit) is responsible for clarifying, in accordance with the first sentence, requests for benefits for participation in the working life for the purpose of determining, in accordance with Article 11 (2a) (1) of the Sixth Book, the institution of the pension insurance scheme only if it is specific to the There is evidence that the institution of the pension insurance scheme could be obliged to pay a pension irrespective of the particular labour market situation. § 105 of the Tenth Book is not applicable to uncompetent rehabilitation carriers who have provided a benefit in accordance with the first and second sentences of paragraph 2, unless the rehabilitation carriers agree to deviate. (5) The rehabilitation carrier shall be ensure that it can appoint experts who do not have access to and communication barriers. If an expert opinion is required for the determination of the rehabilitation needs, the rehabilitation carrier shall immediately instructs a suitable expert. It generally appoints the persons entitled to benefit to three experts, who are as close to the place of residence as possible, taking into account existing social medical services. If the persons entitled to benefit have decided on behalf of a nominated expert, the wish shall be taken into account. The expert shall present a comprehensive social medical, if necessary also psychological assessment, and shall prepare the expert opinion within two weeks after the order has been issued. The statements made in the expert opinion on the need for rehabilitation are based on the decisions of the rehabilitation holders. The statutory tasks of the health authorities shall remain unaffected. (6) If the performing rehabilitation carrier considers further benefits for participation necessary and he cannot be a rehabilitation carrier for these benefits in accordance with § 6 (1), paragraph 6 1 sentence 2 accordingly applied. The persons entitled to benefit shall be informed thereof. Unofficial table of contents

Section 15 Refunding of self-procured services

(1) If a decision on the application for participation cannot be decided within the time limits specified in § 14 (2), the rehabilitation carrier shall notify the person entitled to benefit in good time, including the reasons for the reasons. If the notification is not or is not due to a sufficient reason, beneficiaries may set a reasonable time limit for the rehabilitation carrier, stating that they themselves shall be required to perform the necessary performance after the period of time. . If, at the end of the period, the person entitled to benefit is entitled to a required service himself, the responsible rehabilitation carrier shall be obliged to reimburse the expenses in accordance with the principles of economic efficiency and economy. The obligation to pay is also compulsory if the rehabilitation carrier is unable to provide an inexorable performance in time or if he has wrongly refused an achievement. The rates 1 to 3 do not apply to social welfare, public youth welfare and war victims ' welfare institutions. (2) Collect the rehabilitation carriers,

1.

In how many cases the time limits according to § 14 have not been observed,

2.

the extent to which the duration of the proceedings has been reduced from the receipt of applications to the decision on applications,

3.

In the same number of cases, the reimbursement of expenses in accordance with the third and fourth sentences of paragraph 1 has been made.

Unofficial table of contents

Section 16 Regulation empowerment

After the Federal Ministry of Labour and Social Affairs has called on them to make joint recommendations in accordance with § 13 or do not alter recommendations that have become insufficiently developed, the rehabilitation carriers will not agree on recommendations made within six months of the present day. within this period, the Federal Ministry of Labour and Social Affairs may adopt regulations by means of a regulation with the consent of the Bundesrat.

Chapter 2
Execution of benefits for participation

Unofficial table of contents

§ 17 Execution of benefits, personal budget

(1) The responsible rehabilitation support can take part in the participation

1.

alone or together with other service providers,

2.

by other service providers, or

3.

, with the use of appropriate, in particular also free and non-profit or private rehabilitation services and facilities (§ 19)

. He shall remain responsible for the performance of the services. Sentence 1 shall apply, in particular, if the rehabilitation carrier is able to perform the performance more effectively or economically. (2) On request, benefits may also be carried out by a personal budget in order to provide the To enable those who are entitled to perform their own responsibility to live as self-determined as possible. In the execution of the personal budget, the rehabilitation carriers, the nursing care funds and the integration offices are involved in accordance with the individual needs identified. The personal budget is provided by the participating service providers across the carrier as a complex performance. In addition to the benefits provided for in the first sentence, the benefits of sickness insurance funds and caregivers, benefits of accident insurance in the case of dependency on care and assistance for social assistance, which are available on the budget, are also eligible for budget support. daily and regularly recurring needs, and can be provided as cash benefits or through vouchers. The applicant is bound by the decision for a period of six months. (3) Personal budgets are usually executed as cash, in the case of current services monthly. In justified cases, vouchers are to be issued. Personal budgets shall be calculated on the basis of the findings made pursuant to section 10 (1) in such a way that the individual needs are met and the necessary advice and support can be provided. In doing so, the amount of the personal budget should not exceed the costs of all the services that have been individually determined so far, without the personal budget. (4) Contains the personal budget of several service providers, will not be required to pay for the personal budget. the competent service provider in accordance with § 14, on behalf of and on behalf of the other service providers involved, the administrative act and carries out the further procedure. Another of the participating service providers may be charged with the tasks set out in the first sentence if the participating service providers agree to do so in coordination with the persons entitled to benefit; in this case, § 93 of the Tenth Book shall apply accordingly. The appeal body responsible for the acting service provider shall also adopt the notice of appeal. (5) § 17 (3) of the version in force on 30 June 2004 shall apply to pilot projects to test the introduction of personal budgets Application which began before the entry into force of this law. (6) In the period from 1 July 2004 to 31 December 2007, personal budgets are being tested. In particular, model-based methods for the measurement of budget-capable services in money and the further development of supply structures are to be tested under scientific supervision and evaluation. Unofficial table of contents

§ 18 Place of performance

Benefits in kind can also be provided abroad if they can be carried out economically at least with the same quality and effectiveness. Benefits for participation in working life can also be carried out in the frontier abroad if they are required for the taking up or pursuit of employment or self-employment. Unofficial table of contents

Section 19 Rehabilitation services and facilities

(1) The rehabilitation services, together with the participation of the Federal Government and the regional governments, shall ensure that the necessary technical and regional rehabilitation services and facilities are available in sufficient quantity and quality. Available. In doing so, they ensure that access and communication barriers do not exist for a sufficient number of such rehabilitation services and facilities. The associations of disabled people, including the associations of the Free Welfare Care, the self-help groups and the advocacy groups of disabled women, as well as those for the perception of the interests of the outpatient and inpatient (2) Insofar as the objectives are achievable after examination of the individual case with comparable effectiveness, benefits will be provided in the light of personal circumstances. in an outpatient, substation or operational form and, where appropriate, (3) In the case of disabled or disabled children, the aim is to provide joint care for disabled and non-disabled children. (4) Take care of the following: Rehabilitation services for the performance of services Special services (rehabilitation services) or facilities (rehabilitation facilities) in claim, the selection is made according to which service or which facility the performance in the best take appropriate form, with services and facilities becoming more free or non-profit-making bodies, in accordance with their importance for the rehabilitation and participation of disabled persons, and respect the diversity of the institutions of rehabilitation services or facilities, and their independence, Self-understanding and independence. § 35 (1) sentence 2 no.4 shall apply. (5) Rehabilitation agents may, in accordance with the legislation applicable to them, promote rehabilitation services or facilities where this is appropriate and the work of these services or facilities in (6) Rehabilitation services and facilities with the same task are to form working groups. Unofficial table of contents

§ 20 Quality Assurance

(1) The rehabilitation carriers according to § 6 (1) No. 1 to 5 agree joint recommendations to ensure and further develop the quality of the services, in particular for barrier-free service provision, as well as for the implementation of comparative recommendations Quality analyses as a basis for effective quality management of service providers. Section 13 (4) shall apply accordingly. The rehabilitation carriers according to § 6 (1) nos. 6 and 7 can join the recommendations. (2) The providers of services ensure quality management, which by means of targeted and systematic procedures and measures the quality of the Supply is guaranteed and continuously improved. In-patient rehabilitation centres must participate in the certification procedure referred to in paragraph 2a. (2a) The top associations of the rehabilitation providers in accordance with § 6 (1) No. 1 and 3 to 5 agree within the framework of the Federal Working Group for Rehabilitation basic requirements for an internal quality management according to paragraph 2 sentence 1 as well as a uniform, independent certification procedure, with which the successful implementation of quality management in regular Intervals can be detected. The top associations relevant to the perception of the interests of the inpatient rehabilitation institutions at the federal level, as well as the associations of disabled people, including the associations of the Free Welfare Administration, the self-help groups and (3) The Bundesarbeitsgemeinschaft für Rehabilitation (Bundesarbeitsgemeinschaft für Rehabilitation) is preparing the recommendations referred to in paragraph 1. It shall involve the associations of disabled persons, including the associations of the Free Welfare Administration, the self-help groups and the advocacy groups of disabled women, as well as the working communities formed in accordance with section 19 (6) and those for the Perceptions of the interests of outpatient and inpatient rehabilitation institutions at the federal level of relevant top associations. Their concerns are taken into account in the design of the recommendations as far as possible. (4) § 13 para. 3 is to be applied accordingly for agreements on the basis of legal regulations for the rehabilitation carriers. Unofficial table of contents

Section 21 Contracts with service providers

(1) Contracts for the implementation of services by rehabilitation services and facilities not included in the sponsorship of a rehabilitation institution shall, in particular, contain provisions relating to:

1.

the quality requirements for the performance of the services, the staff involved and the technical services accompanying them;

2.

Assumption of principles of rehabilitation support for the agreement of remuneration,

3.

the rights and obligations of the participants, in so far as they do not already arise from the legal relationship between them and the rehabilitation carrier;

4.

adequate participation of the participants in the performance of the services,

5.

Secrecy of personal data and

6.

the employment of an adequate proportion of disabled, particularly severely disabled women,

7.

the offer to receive advice from the public youth welfare institution in the case of important clues for a child's well-being risk.

(2) Rehabilitation carriers shall ensure that the Treaties are concluded in accordance with uniform principles; they may, on the basis of the content of the Treaties, make common recommendations in accordance with Article 13 and framework contracts with the working groups of the Rehabilitative services and facilities agree. The Federal Commissioner for Data Protection will be involved. (3) Contracts with technically unsuitable services or facilities will be terminated. In-patient rehabilitation facilities must be considered suitable only if they are certified in accordance with § 20 (2) sentence 2. (4) Paragraph 1 (1) and (3) to (6) shall be applied accordingly for their own facilities of the rehabilitation carrier. Unofficial table of contents

Section 21a Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to approximate the content and execution of the personal budget, the procedure and the responsibility for the participation of several To regulate service providers.

Chapter 3
Common Service Points

Unofficial table of contents

Section 22 Tasks

(1) Joint local service centres of the rehabilitation providers offer counselling and assistance to disabled persons and persons threatened by disability, their persons of trust and persons entitled to personal rights according to § 60. Advice and assistance shall include, in particular,

1.

to inform about the conditions for performance, the benefits of the rehabilitation support, special assistance in working life and the administrative procedures,

2.

In order to clarify the need for rehabilitation, to assist in the use of benefits for participation, in the use of a personal budget and special assistance in working life, as well as in the fulfilment of cooperation obligations,

3.

to clarify which rehabilitation support is responsible for providing clear and relevant applications and to forward them to the appropriate rehabilitation support,

4.

in the case of a rehabilitation needs, which is likely to require an opinion, to inform the competent rehabilitation support,

5.

to prepare the decision of the competent rehabilitation institution, in cases where the need for participation is manifestly, to be able to decide immediately,

6.

to accompany disabled persons or persons threatened with disabilities by the decision or performance of the rehabilitation support,

7.

to work towards timely decisions and benefits in the case of rehabilitation support; and

8.

to coordinate and mediate between several rehabilitation carriers and those involved during the service provision.

The consultation includes, with the participation of the Integration Offices, the clarification of a need for assistance in accordance with Part 2 of this book. The care funds will be involved in the consultation and support of the joint service centres in the case of imminent or existing care needs. Associations of disabled people, including the associations of the Free Welfare Services, the self-help groups and the advocacy groups of disabled women, are involved in the consultation with the consent of disabled persons. (2) § 14 of the The first book and § 10 (2) and § 11 (1) to (3) and (5) of the Twelfth Book remain unaffected. Information in accordance with § 15 of the First Book of Benefits for Participation shall be provided by all the rehabilitation carriers. Unofficial table of contents

§ 23 Service points

(1) The rehabilitation carriers shall ensure, by using existing structures, that common service points exist in all counties and towns and towns that are free of circulators. Joint service centers can be set up for several small counties or county-free cities, if local advice and support for disabled people and disabled people are guaranteed. In the countries of Berlin, Bremen and Hamburg, the service offices are set up in accordance with the special administrative structure of these countries. (2) The competent top national social authorities have the support of the top associations of the (3) The joint service centres are equipped in such a way as to enable them to carry out their tasks in a comprehensive and qualified manner, access and access, and to the Communication barriers do not exist and waiting times are generally avoided. For this purpose, particularly qualified personnel with a broad knowledge of the field of rehabilitation law and practice will be employed. § 112 (3) is to be applied in a reasonable way. (4) Social data may only be collected, processed and used in the service centres, insofar as this is necessary for the performance of the tasks pursuant to section 22 (1). Unofficial table of contents

Section 24 Report

(1) For the first time in 2004, the rehabilitation bearers, who are responsible for the insurance of pensions, sickness and accident insurance through their top associations, shall share their experience of the Federal Working Group for Rehabilitation at a distance of three years, for the first time in 2004. Establishment of the joint service points, implementation and performance of their tasks, compliance with data protection and possible improvements. Personal data is anonymized. (2) The Federal Working Group for Rehabilitation (Bundesarbeitsgemeinschaft für Rehabilitation) prepares the announcements of the rehabilitation sponsors, participates in the relevant Supreme Social Authorities, discusses the communications on National level with the associations of disabled people, including the associations of the Free Welfare Administration, the self-help groups and the advocacy groups of disabled women, and reports immediately to the Federal Ministry of Labour and Social Affairs and the countries. Unofficial table of contents

Section 25 Regulation empowerment

The Federal Ministry of Labour and Social Affairs, with the consent of the Federal Council, shall determine the establishment of joint service points in all districts and towns and towns in accordance with § 23 (1) not until 31 December 2002. More detailed information on the location of the facility, the mode of rehabilitation at which the joint service centre is established and which is responsible for the establishment, the date on which the institution must be completed, and the date on which the institution is to be established, and the organisation, in particular in accordance with their share of the benefits of participation in the manner and Extent of the participation of the rehabilitation carriers in the joint service centres.

Chapter 4
Medical rehabilitation services

Unofficial table of contents

§ 26 Services for medical rehabilitation

(1) The necessary services are provided for the medical rehabilitation of disabled persons and persons who are at risk of disability.

1.

to prevent, eliminate, reduce, compensate for, prevent aggravation, including chronic diseases, or

2.

To avoid, overcome, reduce, prevent worsening, prevent the premature reference of current social benefits or to reduce current social benefits, restrictions on the ability to work and the need for care should be avoided.

(2) Services for medical rehabilitation include in particular:

1.

treatment by doctors, dentists and other medical practitioners, provided that they are carried out under medical supervision or on a medical basis, including the instruction to develop their own healing powers,

2.

Early detection and early promotion of disabled children and disabled children,

3.

Medical and association equipment,

4.

Medicinal products including physical, language and occupational therapy,

5.

Psychotherapy as a medical and psychotherapeutic treatment,

6.

Aids,

7.

Stress testing and occupational therapy.

(3) The benefits referred to in paragraph 1 shall also be included in medical, psychological and educational aids, where such benefits are necessary on a case-by-case basis, in order to achieve or safeguard the objectives set out in paragraph 1 and to follow the consequences of the disease avoid, overcome, mitigate or prevent their aggravation, in particular

1.

aid to assist in the processing of sickness and disability,

2.

Activation of self-help potentials,

3.

with the consent of the authorized information and advice from partners and relatives, as well as from superiors and colleagues,

4.

Placement of contacts with local self-help and advisory services,

5.

Support for mental stabilization and the promotion of social competence, including through training of social and communicative skills and dealing with crisis situations,

6.

Training of life-speaking skills,

7.

Guidance and motivation to take advantage of medical rehabilitation services.

Unofficial table of contents

§ 27 Health care and rehabilitation

The objectives referred to in Article 26 (1) as well as § 10 shall also apply in the case of sickness treatment services. Unofficial table of contents

§ 28 Stage-wise reintegration

If, according to a medical assessment, unemployed persons who are incapable of work are able to perform their previous activities in part and, by means of a gradual resumption of their activities, they are likely to be better integrated into the working life again. , the medical and the supplementary benefits shall be provided in accordance with this objective. Unofficial table of contents

Section 29 Promotion of self-help

Self-help groups, organisations and contact points aimed at prevention, rehabilitation, early detection, treatment and management of diseases and disabilities should be promoted in accordance with uniform principles. Unofficial table of contents

§ 30 Early detection and early promotion

(1) The medical services for the early detection and early promotion of disabled and disabled children under § 26 para. 2 no. 2 also include:

1.

the medical services of the services and facilities that operate across all disciplines,

2.

non-medical social paediatric, psychological, curative, psychosocial services and advice to legal guardians, including in multidisciplinary services and facilities, provided that they are provided under medical responsibility and are required in order to identify any impending or impending disability at the earliest possible date and to draw up an individual treatment plan.

Benefits under the first sentence are provided as a complex performance in connection with healing pedagogical services (§ 56). (2) Services for the early detection and early promotion of disabled children and disabled children also include non-medical therapeutic, psychological, curative, special pedagogical, psychosocial services and counseling of legal guardians through interdisciplinary early funding bodies, if they are necessary in order to impart a looming or already-present Disability at the earliest possible date or the (3) In order to distinguish between the services referred to in paragraphs 1 and 2 and the other services provided by those services and bodies, for the purposes of the acquisition or division of the Costs between the participating rehabilitation providers, the agreement and settlement of charges as well as the financing are agreed upon joint recommendations; § 13 (3), (4) and (6) shall apply mutagenly. National law may provide that further entities, in particular the cult administration, should be involved in the complex performance. In this case, an extension of the joint recommendations should be sought. Unofficial table of contents

§ 31 Aids

(1) Aid (body replacement pieces as well as orthopaedic and other aids) in accordance with section 26 (2) no. 6 shall include the aid which is borne or carried by the beneficiaries of the service or can be carried along in the event of a change of housing and under Consideration of the circumstances of the individual case is required in order to:

1.

to prevent impending disability,

2.

to ensure the success of a cure or

3.

to compensate for a disability in the satisfaction of basic needs of daily life, insofar as they are not common everyday objects of daily life.

(2) The claim also includes the necessary modification, maintenance, replacement, and training in the use of the aids. The recipient of the rehabilitation

1.

consider whether a change or repair of previously used aids is more economic and equally effective,

2.

the granting of aid shall make it conditional on the disabled people to adapt themselves or to be trained in their use.

(3) Select beneficiaries a suitable tool in a more complex version than necessary, they carry the additional costs themselves. (4) Tools can also be left to the loan. In this case, paragraphs 2 and 3 shall apply accordingly. Unofficial table of contents

Section 32 Regulation

The Federal Ministry of Labour and Social Affairs is authorized by law with the consent of the Federal Council

1.

More information on the delimitation of the services and services referred to in § 30 (1) and (2) and the other services of these services and facilities, for the assumption or division of the costs between the participating rehabilitation providers, for the agreement and settlement of the When joint recommendations pursuant to Section 30 (3) do not apply within six months after the Federal Ministry of Labour and Social Affairs has called on them to make agreed or insufficiently developed recommendations, the fees and the financing should be regulated. have not been amended within that period,

2.

More information on the selection of the appropriate tools, in particular on the procedure, for the aptitude test, documentation and loan transfer of the aids, as well as for the cooperation of the other rehabilitation carriers with the orthopaedic to regulate supply points.

Chapter 5
Benefits for participation in working life

Unofficial table of contents

§ 33 Benefits for participation in working life

(1) In order to participate in working life, the necessary services are provided in order to maintain, improve, produce or produce the employability of disabled persons or those threatened by disability in accordance with their performance capacity; or (2) Disabled women are guaranteed equal opportunities in working life, in particular by being suitable for work purposes, close to the place of residence, and also in part-time. (3) Services shall include in particular:

1.

help to maintain or obtain a job, including benefits for activation and occupational integration,

2.

professional preparation, including a basic training required for disability,

2a.

individual company qualification in the context of support for employment,

3.

vocational adaptation and further training, even if the services include a school degree that is necessary for participation,

4.

vocational training, even in so far as the benefits are carried out in a non-temporally predominant period of time,

5.

Foundation grant in accordance with § 93 of the Third Book by the Rehabilitationbearer pursuant to § 6 para. 1 No. 2 to 5,

6.

other forms of assistance to promote participation in working life in order to enable and maintain adequate and appropriate employment or self-employment for disabled people.

(4) The selection of services shall take appropriate account of suitability, inclination, previous activity and situation and development on the labour market. Where necessary, the professional suitability is clarified or a work test is carried out; in this case, the costs referred to in paragraph 7, travel expenses according to § 53, as well as household assistance and childcare costs according to § 54 are assumed. (5) The Benefits shall also be provided for periods of necessary internships. (6) Services shall also include medical, psychological and pedagogical assistance, in so far as such benefits are necessary on a case-by-case basis, in order to achieve the objectives set out in paragraph 1. or to secure and avoid disease consequences, to overcome, to reduce, or to prevent their aggravation, in particular

1.

aid to assist in the processing of sickness and disability,

2.

Activation of self-help potentials,

3.

with the consent of the authorized information and advice from partners and relatives, as well as from superiors and colleagues,

4.

Placement of contacts with local self-help and advisory services,

5.

Support for mental stabilization and the promotion of social competence, including through training of social and communicative skills and dealing with crisis situations,

6.

Training of life-speaking skills,

7.

Guidance and motivation to take advantage of the benefits of participation in work life,

8.

Participation of integration specialist services in the context of their task (§ 110).

(7) The benefits shall also include the acquisition of

1.

the necessary costs of accommodation and catering if, for the performance of a service, accommodation outside of one's own or parental household because of the nature or severity of the handicap or for securing the success of the participation is necessary,

2.

the necessary costs directly related to the performance of a service, in particular for teaching costs, examination fees, learning resources, activation and occupational integration services.

(8) Services referred to in paragraph 3 (1) and (6) shall also include:

1.

Motor vehicle assistance, in accordance with the Motor Vehicle Regulations,

2.

the compensation of unavoidable earnings of the disabled person or of a necessary accompanying person for journeys of arrival and departure to an education measure and to the performance of an employer, institution or institution for disabled persons by the rehabilitation carriers according to § 6 (1) (2) to (5),

3.

the cost of a necessary work assistance for severely disabled people as a means of obtaining a job,

4.

Costs of aids which are necessary for the purpose of exercising, taking part in an achievement in working life or for increasing safety on the way from and to the workplace and at the workplace, because of the nature or severity of the disability unless there is an obligation on the part of the employer or where such benefits can be provided as a medical service,

5.

the cost of technical assistance required for the type or severity of the disability to be used for the profession; and

6.

Costs of the procurement, equipment and maintenance of an apartment suitable for disabled persons in an appropriate manner.

The performance in accordance with the first sentence of 1 no. 3 is performed for a period of up to three years and is carried out in coordination with the rehabilitation carrier according to § 6 (1) no. 1 to 5 by the Integration Office according to § 102 (4). The rehabilitation carrier shall reimburse the integration office of its expenses. The claim pursuant to section 102 (4) remains unaffected. Unofficial table of contents

§ 34 Benefits to Employers

(1) The rehabilitation carriers according to § 6 (1) No. 2 to 5 may also provide benefits for participation in the working life of employers, in particular as

1.

Training grants for the operational implementation of educational services,

2.

Inclusion grants,

3.

Subsidies for work aids in operation,

4.

partial or full reimbursement of expenses for a fixed-term trial period.

The benefits may be provided under conditions and conditions. (2) Training grants provided for in the first sentence of paragraph 1 may be provided for the entire duration of the measure and should be provided for in the case of training activities carried out by employers in the last part of the year. (3) Inclusion grants referred to in the first sentence of paragraph 1, first sentence, No. 2, shall not exceed 50 per cent of the charges regularly paid by the employer, insofar as they exceed the limits laid down by the Labour charges or, where a tariff scheme does not exist, the Comparable activities do not exceed the level of fixed-place employment rates within the framework of the contribution rate limit in the promotion of employment; the benefits are to be provided for not more than one year. To the extent that it is necessary for the participation in working life, the benefits can be fixed by up to 20 percentage points higher and can be provided up to a maximum funding period of two years. If they are made for more than one year, they shall be at least ten, depending on the expected increase in the performance of the persons entitled to benefit and the decrease in integration requirements in relation to the previous funding level. Percentage points to be reduced. For the purposes of the calculation referred to in the first sentence, account shall also be taken of the employer's share of the total social insurance contribution. Integration grants shall be repaid if the working conditions are completed during the period of support or within a period corresponding to the duration of the grant, but not more than one year after the end of the service; this shall not apply if:

1.

the persons entitled to benefit terminate the employment relationships by termination or have reached the minimum age for the receipt of the statutory old-age pension, or

2.

the employer was entitled, for good reason, not to comply with a period of notice or for reasons relating to the person or conduct of the employee, or to urgent operational requirements which would result in a further employment in the of this holding shall be terminated.

The repayment shall be limited to one-half of the grant amount, but not more than the amount of aid granted last year before the end of the employment relationship; unpaid post-employment periods shall be taken into account proportionately. Unofficial table of contents

§ 35 Institutions of vocational rehabilitation

(1) Services shall be carried out by means of vocational training schemes, professional support schemes and comparable vocational rehabilitation centres, in so far as the nature or severity of the disability or the assurance of success is the special assistance provided by this Facilities are required. The institution shall:

1.

to the duration, content and design of the services, teaching method, training and professional experience of the management and teachers, as well as the design of the professional services, can be expected to achieve a successful performance of the performance,

2.

provide appropriate conditions for participation and be able to meet the needs of disabled persons, in particular to ensure compliance with the requirements of occupational safety and health and accident prevention,

3.

the participants and the representations to be elected by them provide appropriate opportunities for participation in the performance of the services, and

4.

the performance shall be carried out in accordance with the principles of economy and economy, in particular at reasonable rates of remuneration.

The responsible rehabilitation carriers agree on joint recommendations in accordance with § § 13 and 20. (2) If benefits for vocational training are carried out in vocational rehabilitation institutions, the institutions should be given the right to be qualified in the event of a professional rehabilitation. disabled people to ensure that parts of this training are also carried out in companies and services. The vocational rehabilitation centres support the employers in the vocational training and in the care of the handicapped young people who are to be trained. Unofficial table of contents

Section 36 Legal status of the participants

If services are carried out in vocational rehabilitation facilities, the participants will not be integrated into the operation of the facilities. They are not employees within the meaning of the Works Constitution Act and select special representatives for their participation. In the case of execution, the labour law principles on personal protection, the limitation of liability, as well as the statutory provisions on occupational health and safety, protection against discrimination in employment and occupation, will be implemented. Recreation and equal rights of men and women are applied accordingly. Unofficial table of contents

§ 37 Duration of benefits

(1) Services shall be provided for the period prescribed or generally customary in order to achieve the objective of the sub-term objective; it may also be carried out if special circumstances so warrant. (2) Services to be provided for: As a rule, continuing vocational training should not take more than two years for full-day education, unless the sub-objective can only be achieved through a longer-term performance or the integration prospects can only be achieved by means of a single-person training programme. improving the performance of the system significantly longer. Unofficial table of contents

Section 38 Participation of the Federal Employment Agency

The Bundesagentur für Arbeit (Federal Employment Agency) takes a look at the request of another rehabilitation carrier on the need, the type and extent of benefits, taking into account the relevance of labour market considerations. This also applies if the beneficiaries are in a hospital or in a medical or medical-occupational rehabilitation facility. Unofficial table of contents

§ 38a Supported employment

(1) The objective of employment is to provide and maintain appropriate, appropriate and socially responsible employment for disabled persons with special support needs. Supported employment includes individual company qualification and, if necessary, professional support. (2) Services for individual company qualification are given to disabled people in particular, in order to provide them with suitable operational to test activities, to prepare for a social security employment relationship, and to assist in familiarizing and qualifying in an in-company workplace. The services also include the teaching of cross-professional learning contents and key qualifications as well as the further development of the personality of the disabled. The benefits are provided by the responsible rehabilitation carrier in accordance with § 6 (1) no. 2 to 5 for up to two years, insofar as they are required due to the nature or severity of the disability. They may be extended for a period of further twelve months if, due to the nature or severity of the handicap, the desired sustained qualification success cannot be achieved in a different way in individual cases and ensures sufficient guarantees is that a further qualification leads to the admission of employment subject to social insurance. (3) Professional support services are provided to persons with disabilities, in particular, in order to obtain a social security insurance obligation The employment relationship required to stabilise the To ensure support and crisis intervention. The benefits are provided by a rehabilitation carrier pursuant to § 6 (1) (3) or (5) of the same, otherwise by the Integration Office within the scope of his competence, as long as and insofar as they are responsible for the nature or seriousness of the disability. (4) In the course of the individual company qualification, the rehabilitation carrier determines that a subsequent professional support is likely to be necessary, for which a different person is required to work in the company. It is responsible for the performance of the service providers. (5) Supported employment can be carried out by integration services or other institutions. Implementation can only be carried out with the task of carrying out the necessary capacity to perform its tasks in accordance with the individual needs of the disabled. In particular, the representatives must:

1.

have professionals who have a suitable professional qualification, a psychosocial or occupational education qualification, and have sufficient professional experience,

2.

be able to provide the participants with appropriate individual company qualification places and to support their professional integration,

3.

have the necessary spatial and causal equipment and

4.

apply a system of quality management within the meaning of section 20 (2) sentence 1.

(6) In order to concretize and develop the quality requirements referred to in paragraph 5, the rehabilitation carriers agree in accordance with § 6 (1) no. 2 to 5 as well as the Federal Working Group of the Integration Offices and the main welfare offices within the framework of the A joint recommendation of the Federal Working Group for Rehabilitation. The joint recommendation may also contain comments on possible performance content and cooperation. Section 13 (4), (6) and (7) and (16) shall apply accordingly. Unofficial table of contents

§ 39 Services in workshops for disabled people

Services in recognised workshops for people with disabilities (§ 136) are provided in order to maintain, develop, improve or restore the ability of disabled people to work or to work, the personality of these people and to enable or secure their employment. Unofficial table of contents

§ 40 Benefits in the entrance procedure and in the vocational training area

(1) Benefits in the entrance procedure and in the vocational training area of a recognised workshop for disabled people are given to disabled persons

1.

in the entry procedure, in order to determine whether the workshop is the appropriate institution for the participation of the disabled person in the working life, as well as the areas of the workshop and what benefits are available for the disabled person in working life People are eligible, and to create an integration plan,

2.

in the field of vocational training, where the benefits are necessary in order to develop, improve or restore, as far as possible, the performance or earning capacity of the disabled person, and can be expected to ensure that the disabled person After taking part in these services, it is in a position to provide at least a minimum of economically valuable work in the sense of Section 136.

(2) The services in the entrance procedure shall be provided for three months. The duration of the service can be reduced to up to four weeks if, during the initial procedure, it is found in the individual case that a shorter duration of service is sufficient. (3) The performance in the vocational training area will be for two years. provided. They are usually approved for one year. They shall be approved for a further year if, on the basis of a technical statement to be issued in good time before the end of the funding period, the performance of the disabled person is further developed or recovered (4) Times of individual company qualification in the context of a supported employment according to § 38a are credited half to the duration of the vocational training area. However, the periods of individual company qualification and of the vocational training area should not exceed 36 months. Unofficial table of contents

Section 41 Benefits in the Working Area

(1) Benefits in the work area of a recognised workshop for disabled persons shall be provided by disabled persons in which:

1.

employment in the general labour market, or

2.

Vocational preparation, vocational adaptation and further training or vocational training (§ 33 (3) no. 2 to 4)

because of the nature or severity of the handicap, not yet or not yet again eligible, and who are able to provide at least a minimum of economically viable work. (2) The benefits are directed at

1.

the taking up, pursuit and safeguarding of employment related to the suitability and inclination of the disabled person;

2.

Participation in work-related measures to maintain and improve the performance of the vocational training sector and to develop the personality and

3.

To promote the transition of suitable disabled people to the general labour market through appropriate measures.

(3) The workshops shall receive appropriate remuneration for the services referred to in paragraph 2 of the responsible rehabilitation carrier, which shall comply with the principles of economic efficiency, economy and efficiency. If the institution of social assistance is responsible, the provisions shall be applied in accordance with the Tenth Chapter of the Twelfth Book. The remuneration, in the cases of the second sentence, the flat rates and amounts pursuant to section 76 (2) of the Twelfth Book, shall be taken into account

1.

all costs necessary for the performance of the tasks and the technical requirements of the workshop, as well as

2.

the costs associated with the economic activity of the workshop, in so far as these costs, taking account of the particular circumstances of the workshop and of the disabled persons employed in that workshop, by way of the type and extent of the costs incurred in the workshop Business enterprises usually go beyond the costs incurred.

If the costs of the workshop in accordance with the third sentence of no. 2 cannot be determined on a case-by-case basis, a compensation fee for these workshop-specific costs of the economic activity of the workshop can be agreed. (4) In the determination of the The results of the work of the workshop according to § 12 (4) of the Workshop Regulation are presented to the effect of the remuneration on the height of the work product. In this case, it is shown separately whether losses or profits are incurred as a result of the remuneration. The work product of the workshop shall not be used to reduce the remuneration referred to in paragraph 3. Unofficial table of contents

Section 42Responsibility for services in workshops for disabled people

(1) Achievements in the initial and vocational training fields

1.

the Federal Employment Agency, unless one of the institutions referred to in points 2 to 4 is responsible,

2.

the institutions responsible for accident insurance within the limits of their responsibility for accidents caused by accidents at work and those affected by occupational diseases;

3.

the holders of the pension insurance under the conditions laid down in § § 11 to 13 of the Sixth Book,

4.

the carriers of the victims of war, under the conditions laid down in § § 26 and 26a of the Federal Supply Act.

(2) Services provided in the work area

1.

the institutions responsible for accident insurance within the limits of their responsibility for accidents caused by accidents at work and those affected by occupational diseases;

2.

the carriers of the war victim care under the conditions of section 27d (1) (3) of the Federal Supply Act,

3.

the institutions of public youth assistance under the conditions laid down in § 35a of the Eighth Book,

4.

Moreover, the institutions of social assistance under the conditions of the twelfth book.

Unofficial table of contents

§ 43 Labour Promotion Money

The workshops for disabled people receive from the responsible rehabilitation carrier for payment to the disabled persons employed in the working area in addition to the remuneration in accordance with § 41 para. 3 an employment promotion allowance. The amount of the work subsidy is EUR 26 per month for each disabled person employed in the work area, whose remuneration, together with the work subsidy, does not exceed 325 euros. If the pay is higher than 299 euros, the amount of the work subsidy is the difference between the pay and 325 euros per month. Increases in work fees due to the allocation of the costs in the work area of the workshop pursuant to § 41 (3) of the Federal Social Assistance Act in the version in force from 1 August 1996 or in accordance with § 41 (3) may be applied to the payment of the To be credited to the labour market.

Chapter 6
Maintenance and other complementary services

Unofficial table of contents

Section 44 Supplementary benefits

(1) The benefits for medical rehabilitation and participation in the working life of the rehabilitation support referred to in § 6 (1) (1) to (5) shall be supplemented by

1.

Sickness benefit, health care allowance, injury money, transitional allowance, training allowance or maintenance allowance,

2.

Contributions and contribution grants

a)

on health insurance in accordance with the provisions of the Fifth Book, the Second Law on the Health Insurance of Farmers and the Artists ' Social Insurance Act,

b)

on Accident Insurance in accordance with the Seventh Book,

c)

pension insurance in accordance with the sixth book and the Artists ' Social Insurance Act,

d)

to the Federal Employment Agency in accordance with the provisions of the Third Book,

e)

for the care insurance in accordance with the Eleventh Book,

3.

medically prescribed rehabilitation sport in groups under medical supervision and supervision, including drills for disabled or disabled women and girls, which serve to strengthen self-awareness,

4.

medically prescribed functional training in groups under expert guidance and supervision,

5.

travel expenses,

6.

Operational or budgetary support and childcare costs.

(2) If the protection of disabled persons is not otherwise ensured in the event of illness or care during participation in benefits for participation in the working life, contributions for a voluntary health insurance can be made without entitlement to sickness benefit. and for the care insurance in the case of a institution of the statutory health insurance or nursing care insurance or, if there is no guarantee in the individual case, the contributions to a private health insurance undertaking. Unemployed participants in medical rehabilitation services may receive a grant for their contribution to private insurance against illness or illness for the duration of the treatment of infringed benefit, health care allowance or transitional allowance. receive the care insurance. The grant shall be calculated in accordance with § 174 (2) of the Third Book. Unofficial table of contents

§ 45 Benefits for subsisting

(1) In the context of medical rehabilitation services

1.

the statutory health insurance funds sickness benefit in accordance with § § 44 and 46 to 51 of the Fifth Book and Section 8 (2) in conjunction with § § 12 and 13 of the Second Law on the Health Insurance of Farmers,

2.

the holders of the accident insurance in accordance with § § 45 to 48, 52 and 55 of the Seventh Book,

3.

the institutions of the pension insurance scheme shall be subject to transitional allowance in accordance with the provisions of this Book and Sections 20 and 21 of the Sixth Book,

4.

the providers of the victims of war victims supply sickness benefit in accordance with § § 16 to 16h and 18a of the Federal Supply Act.

(2) Transitional benefits in connection with benefits for participation in working life

1.

the holders of the accident insurance in accordance with this book and § § 49 to 52 of the Seventh Book,

2.

the holders of the pension insurance scheme in accordance with the provisions of this Book and Sections 20 and 21 of the Sixth Book,

3.

the Bundesagentur für Arbeit (Federal Employment Agency) in accordance with the provisions of this book and § § 119 to 121 of the Third Book,

4.

the carriers of the victims of war, in accordance with this book and § 26a of the Federal Supply Act.

(3) Persons with disabilities or persons at risk of disability are entitled to transitional benefits such as benefits for participation in working life for the period in which the professional suitability is clarified or a work test is carried out (Section 33 (4) sentence) (4) The right to a transitional allowance shall be paid as long as the beneficiary has a right to maternity benefit; § 52 (2) of the Seventh Book remains the same. (5) During the performance of services for the first-time professional Training of disabled people, vocational preparation and training measures and services for individual company qualification in the context of support employment, as well as in the initial procedure and in the vocational training area of workshops for Disabled people

1.

the Federal Employment Agency (Bundesagentur für Arbeit) in accordance with § § 122 to 126 of the Third Book,

2.

the bearer of the victims of the victims of war maintenance under the conditions of § § 26 and 26a of the Federal Supply Act.

(6) In the cases of Section 27d (1) (3) of the Federal Law of Supply, the victims of war victims provide additional assistance for the livelihood in accordance with § 27a of the Federal Supply Act. (7) (omitted) (8) The sickness benefit, which Pension sickness benefit, the infringed allowance and the transitional allowance are paid for calendar days; if the service is paid for a full calendar month, it shall be scheduled for 30 days. Unofficial table of contents

Section 46-Amount and calculation of the transitional period

(1) The calculation of the transitional amount shall be based on 80 of the hundred of the regular earnings and labour income obtained, in so far as it is subject to the calculation of contributions (regular pay), but not more than that in the appropriate application of the § 47 calculated net remuneration, in which case the contribution rate applicable to the rehabilitation carrier shall be valid. In the calculation of the standard fee and the net work fee, the special features of the track zone in accordance with § 20 (2) of the Fourth Book will not be taken into consideration. The transitional allowance shall be

1.

for beneficiaries who have at least one child within the meaning of Article 32 (1), (3) to (5) of the Income Tax Act, or their spouses or life partners with which they live in the domestic community, cannot pursue gainful employment, because care for the beneficiaries or even require care and are not entitled to benefits from the nursing care insurance, 75 of the hundred; the same applies to beneficiaries who are a stepchild (§ 56 (2) (1) of the First Book) in have taken up their budget,

2.

for the other nominees 68 of the hundred of the amount determined in accordance with the first sentence or the second sentence of paragraph 48. Under the conditions set out in the second sentence, the transitional allowance of the victims of war victims shall be based on a percentage of 80, and, moreover, a percentage of 70 shall be used.

(2) For the calculation of the net earnings in accordance with the first sentence of paragraph 1, the proportion of net remuneration resulting from the calendar daily allowance in accordance with Article 47 (1) sentence 6 shall be set at the rate of the percentage of the ratio of the ratio of the percentage of the net remuneration to be paid in accordance with the first sentence of paragraph 47 (1). of the calendar day-to-day amount according to § 47 (1) sentence 1 to 5 to the net remuneration resulting from this amount of the regular fee. The calendar daily allowance may not exceed the net daily net remuneration resulting from the remuneration in accordance with Article 47 (1), first sentence, of the first sentence of Article 47 (1) to (5). Unofficial table of contents

Section 47 Calculation of the rule of law

(1) For the calculation of the standard charge, the payout accounting period, which is calculated by the beneficiaries in the last period before the commencement of the performance or of a preceding incapacity, shall be at least the charge accounting period during the last four invoiced four The number of hours for which it was paid was divided by the number of hours for which it was paid, and the remuneration paid once was reduced. The result will be multiplied by the number of regular weekly working hours resulting from the content of the employment relationship and divided by seven. If the remuneration is calculated after months, or if a calculation of the standard rate is not possible after the rates 1 and 2, the 30. Part of the calendar month calculated in the last calendar month calculated before the commencement of the performance and reduced remuneration as a regular fee for a one-time payment of the remuneration paid. If the amount of work that is payable at a time of an exemption before or after this work is payable (value credit according to § 7b of the Fourth Book), the amount of the remuneration is calculated for the calculation of the amount of the remuneration in the period of the assessment of the Calculation of contributions on the basis of paid remuneration, which is based on a one-time paid remuneration; value credits which are not used in accordance with an agreement on flexible working time arrangements (Section 23b (2) of the Fourth Book), stay out of consideration. For the purposes of the application of the first sentence, the regular weekly working time shall be the working time corresponding to the salary paid. For the calculation of the standard charge, the 360. Part of the one-off pay which, in the last twelve calendar months, has been based on the calculation of the contribution calculated in accordance with Article 23a of the Fourth Book of Books before the commencement of the performance, the remuneration calculated in accordance with the rates 1 to 5 (2) In the case of partial unemployment, the calculation of the salary which was achieved in the employment which was no longer carried out as a result of partial unemployment is decisive for the calculation. (3) For beneficiaries who have received short-time workers ' money, the regular pay is based on the last prior to the job loss (4) The regular fee shall be taken into account up to the level of the performance or contribution rate applicable to the rehabilitation support, in the pension insurance scheme up to the level of the assessment of the contribution to the contribution (5) For beneficiaries who are not subject to income tax domestically, account shall be taken of the taxes on the determination of the loss of net earnings in the case of a national tax liability by deducting the remuneration from the remuneration. would be made. Unofficial table of contents

Section 48 Calculation basis in special cases

The basis for the calculation of the transitional allowance for participation in working life shall be determined from 65% of the collective wage or, if it is missing from a tariff scheme, of the normal working pay, applicable to the place of residence or habitual residence of the beneficiaries, if:

1.

the calculation in accordance with § § 46 and 47 leads to a smaller amount,

2.

pay or work income has not been reached; or

3.

the last day of the assessment period, at the beginning of the service, is less than three years.

In the last calendar month prior to the commencement of the service, the salary shall be decisive for the employment, for the beneficiaries without the disability according to their professional skills, their employment rate, their employment rate and their employment. to previous professional activities and to their age. For the calendar day, the 360. Part of this amount. Unofficial table of contents

Section 49 Continuity of the tax base

If the beneficiary has received sickness benefit, injury money, health care allowance or transitional allowance and is subsequently given an achievement for medical rehabilitation or participation in the working life, then the calculation shall be carried out in the calculation of: the amount of the contribution to a living which is supplementary to these benefits is based on the previously used pay; the level of assessment applicable to the rehabilitation carrier shall be applicable. Unofficial table of contents

§ 50 Adjustment of compensation for remuneration

(1) The calculation basis underlying the sickness benefit, health care allowance, infringed allowance and transitional allowance shall be calculated at the end of each year from the end of the assessment period in accordance with the change in gross wages and -salaries per employee (§ 68 (2) sentence 1 of the Sixth Book) adjusted from the previous calendar year to the development of gross earnings. (2) The adjustment factor is calculated by means of gross wages and salaries per year. Employees for the past calendar year by the corresponding gross wages and -salaries for the previous calendar year are divided; § 68 (7) and § 121 (1) of the Sixth Book apply accordingly. (3) An adjustment as referred to in paragraph 1 occurs if the adjustment factor calculated in accordance with paragraph 2 is 1.0000 (4) The Federal Ministry of Labour and Social Affairs shall announce in the Federal Gazette on 30 June each calendar year the adjustment factor which is decisive for the following twelve months. Unofficial table of contents

Section 51 Further payment of benefits

(1) If, after completion of benefits for medical rehabilitation or benefits for participation in the working life, further benefits are required for participation in the working life, during which there is the basic entitlement to transitional allowance, and may not be carried out immediately thereafter for reasons not to be represented by the beneficiaries, the infringer, the pension fund or the transitional allowance shall continue to be paid for that period if:

1.

the beneficiaries are incapable of work and have no entitlement to sickness benefit, or

2.

cannot be provided with reasonable employment for reasons which they do not have to represent.

(2) beneficiaries shall have the delay, in particular, if they reject reasonable offers of benefits for participation in working life at a greater distance from their place of residence. In order to assess the reasonableness, § 140 (4) of the Third Book is to be applied accordingly. (3) Benefits of benefits for participation in the work life cannot, for health reasons alone, but are likely to be re-used in the The benefits are to be paid for transitional allowance and maintenance allowance until the end of these services, up to a maximum of six weeks. (4) If the beneficiaries are unemployed following a completed benefit for participation in the working life, transitional allowance and maintenance allowance shall be paid during the period of unemployment up to three months if they have been registered with the Agency for work and cannot be entitled to unemployment benefit of at least three months; the duration of three months shall be reduced by the number of Days, for which beneficiaries can claim unemployment benefit after a completed benefit for participation in the working life. In this case, the transitional allowance shall be:

1.

in the case of beneficiaries where the conditions of the increased rate of assessment are fulfilled in accordance with § 46 (1) sentence 2 No. 1, 67 of the hundred,

2.

in the case of the other beneficiaries, 60 of the hundred

of the amount resulting from § 46 (1) sentence 1 or § 48. (5) In the immediate aftermath of medical rehabilitation services, a gradual reintegration (§ 28) is required, the transitional allowance is to be paid up to the end of the period of continued. Unofficial table of contents

§ 52 Income statement

(1) The transitional allowance of the rehabilitation funds in accordance with § 6 para. 1 no. 2, 4 and 5 shall be credited to

1.

Earned income from employment or an activity carried out in the course of the right to transitional allowance, which in the case of employees is the statutory deductions and the remuneration paid once, and for other benefit recipients by 20 of the A hundred is to be reduced,

2.

the employer ' s benefits in respect of the transitional allowance in so far as, together with the transitional allowance, it exceeds the amount of the remuneration reduced by the statutory deductions before the commencement of the service,

3.

cash benefits provided by a public service body in connection with an achievement of medical rehabilitation or an achievement of participation in the work life;

4.

Pensions due to reduced earning capacity or injury in the amount of the amount resulting from § 18a (3) sentence 1 (4) of the Fourth Book if the reduction of the earning capacity is based on the amount of the calculation basis for the the transitional allowance has not been affected,

5.

pensions due to reduced earning capacity, which are provided on the same occasion as the benefits for participation, if an unequal amount of double-performance is avoided by means of the credit transfer;

6.

pensions due to age, which have not been taken into account in the calculation of the transitional amount from a partial pay,

7.

Infringed money in accordance with the rules of the Seventh Book,

8.

points 1 to 7 comparable to those provided by a body outside the scope of this Code.

(2) In the case of the offsetting of injury pensions with a child allowance and of pensions due to reduced earning capacity with a child allowance on the transitional allowance, an amount shall remain in the amount of the child allowance in accordance with § 66 of the Income Tax Act or § 6 of the German Income Tax Act. (3) If a claim for benefits in order to reduce the transitional allowance pursuant to paragraph 1 (3) is not fulfilled, the claim shall, in so far as the transitional allowance is paid, go to the rehabilitation carrier; the § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 104 and 115 of the Tenth Book remain untouched. Unofficial table of contents

§ 53 Travel costs

(1) Travel expenses incurred in connection with the execution of a service for medical rehabilitation or for participation in the working life shall be borne by the costs of travel, catering and accommodation, including the costs of: special means of transport, the use of which is necessary because of the nature or severity of the handicap, for an accompanying person required for the handicap, including the failure to pay for the time of the accompanying person, for Children whose participation in the rehabilitation site is required because their (2) During the execution of the services for participation in the working life, travel expenses will also be taken over for two family home trips per month, even if the costs are usually the same. In place of the cost of family home trips, travel expenses may be transferred from the place of residence to the place of residence of the beneficiaries and return travel expenses. (3) The travel expenses referred to in paragraph 2 shall also be incurred in connection with the provision of services to the medical rehabilitation, provided that the benefits are provided for more than eight weeks. (4) Travel costs shall be based on the amount of the lowest in the use of a regular public transport means of the lowest class of the most appropriate public transport is to be paid at Use of other means of transport in the amount of the distance compensation in accordance with § 5 (1) of the Federal Travel Cost Act. If the price increases are not minor, an adjustment must be made at the request if the measure still lasts for at least two more months. Costs for commuting trips can only be taken up to the amount of the amount which would be required if the type and severity of the handicap were to be taken into consideration for accommodation and catering. Unofficial table of contents

Section 54 Budget or operational assistance and childcare costs

(1) budgetary assistance shall be provided if:

1.

the beneficiaries are not able to continue the budget because of the performance of a medical rehabilitation service or a performance for participation in the work life;

2.

another person living in the household is unable to carry on the budget and

3.

in the household, a child who has not yet completed the twelfth year of life at the beginning of the budget support or who is disabled and dependent on help.

§ 38 (4) of the Fifth Book is to be applied mutagentily. (2) Instead of budgetary assistance, the costs of taking or otherwise accommodating the child shall be taken up at the request, up to the level of the costs of the otherwise-to-be-provided household assistance, if the accommodation and care of the child is ensured in this way. (3) Costs for the care of the children of the benefit recipient can be taken up to an amount of 130 euros per child per month if they are executed by the execution of the child A performance for medical rehabilitation or participation in working life will inevitably arise. Childcare services shall not be provided in addition to the services referred to in paragraphs 1 and 2. The amount referred to in the first sentence shall be increased in accordance with the change in the reference quantity in accordance with Article 18 (1) of the Fourth Book; Section 77 (3), Sentence 2 to 5 shall apply accordingly. (4) By way of derogation from paragraphs 1 to 3, the agricultural retirement fund shall provide and the Agricultural Health Insurance Fund, in accordance with § § 10 and 36 of the Law on the Pensions of the Farmers and in accordance with § § 9 and 10 of the Second Law on the Health Insurance of Farmers, which Agricultural Cooperative for the agricultural operators insured with it and in the Companies assisting spouses in accordance with § § 54 and 55 of the Seventh Book.

Footnote

(+ + + Note: Child care costs in accordance with. Section 54 (3) of the iVm § 77 (3) as of 1.1.2012 cf. Bek. v. 16.12.2011 BAnz. N ° 196, 4624 (see: § 77Abs3/§54Abs3SGB9Bek) + + +)

Chapter 7
Benefits for participation in life in the Community

Unofficial table of contents

§ 55 Benefits for participation in life in the Community

(1) Benefits for participation in life in the Community shall be provided to enable disabled persons to participate in life in society, or to make them as far as possible independent of care, and in accordance with Chapters 4 to 6. (2) Benefits referred to in paragraph 1 shall be in particular:

1.

supply with aid other than those referred to in Article 31 or the aid referred to in Article 33;

2.

healing pedagogical services for children who are not yet enrolled,

3.

the ability to acquire practical knowledge and skills which are necessary and suitable for enabling disabled people to participate in life in the Community;

4.

Aid to promote understanding with the environment,

5.

Assistance in the procurement, conversion, equipment and maintenance of an apartment meeting the special needs of disabled people,

6.

Aids to self-determined life in assisted living areas,

7.

Aid for participation in Community and cultural life.

Unofficial table of contents

§ 56 Heilpedagogical Services

(1) Heilpedagogic services according to § 55 para. 2 no. 2 are provided if, according to professional knowledge, it is to be expected that hereby

1.

an impending disability or slowing down the progressive course of a disability, or

2.

Eliminate or mitigate the consequences of a disability

can be. They are always provided to severely disabled and severely disabled children who are not yet enrolled. (2) In connection with benefits for early detection and early support (§ 30) and school preparatory measures, the school institutions will be provided with: Healing pedagogical achievements as a complex performance. Unofficial table of contents

Section 57 Promotion of understanding

If hearing-impaired persons or disabled persons with particularly severe impairment of the language skills need to be able to communicate with the environment on the basis of their disability, on special grounds of the assistance of others, they will be required to: Assistance provided or adequate expenses reimbursed for this purpose. Unofficial table of contents

Section 58 Aid for participation in Community and cultural life

The aid for participation in Community and cultural life (Article 55 (2) (7)) includes in particular:

1.

Aid for the promotion of the encounter and treatment of non-disabled people,

2.

Assistance to visit events or institutions serving the sociability, entertainment or cultural purposes,

3.

the provision of means of assistance to be provided for information on the events or cultural events where, in the light of the nature or severity of the handicap, the participation in life in the Community is not, or is only insufficiently, possible.

Unofficial table of contents

Section 59 Regulation empowerment

With the consent of the Federal Council, the Federal Government may, with the consent of the Federal Council, approximate the conditions, subject-matter and scope of the benefits for participation in life in the Community as well as the interaction of these services with others. Provision of services for the rehabilitation and participation of disabled persons.

Chapter 8
Securing and coordinating participation

Title 1
Securing advice and information

Unofficial table of contents

Section 60 Duties of persons with a person's rights

Parents, guardians, carers and carers who, in the case of their person-based persons, perceives disabilities (§ 2 para. 1) or are referred to this by the persons referred to in § 61, are to be included in the framework of their education or training. Support for the disabled persons of a joint service centre or any other counselling centre for rehabilitation or a doctor for advice on the appropriate services for participation. Unofficial table of contents

Section 61 Safety of the counselling of disabled people

(1) The counseling of the physicians, to whom a person is presented in accordance with § 60, shall extend to the appropriate services for participation. In doing so, they point to the possibility of advising through a joint service centre or some other counselling centre for rehabilitation. In the case of people where the admission of disability is to be expected according to general medical knowledge, the procedure will be followed. Expectant parents are referred to the counselling claim at the pregnancy counselling centres. (2) midwives, maternity care providers, medical professionals except doctors, teachers, social workers, youth leaders and educators who, in the course of their profession, Disability (§ 2 para. 1), the persons entitled to the disability refer to the disability and to the advisory services according to § 60. (3) Take medical persons other than doctors and social workers in the exercise of their professional disability (§ 2 para. 1) true to full-year people, they recommend these people or those for them to consult a supervisor, a counselor for rehabilitation or a doctor for advice on the appropriate services for participation. Unofficial table of contents

§ 62 Landesärzte

(1) In the Länder, regional doctors can be appointed who have special experience in the field of assistance for disabled persons and those at risk of disability. (2) The state physicians have above all the task of:

1.

-to report to the national authorities responsible for health and social assistance, as well as to the competent institutions of social assistance, in cases of particular difficulty, or in cases of fundamental importance,

2.

Advising and supporting the top state authorities responsible for health care in creating conceptions, situational and demand analyses and in the country planning for the participation of disabled and threatened people , as well as to take appropriate initiatives,

3.

to regularly inform the public authorities responsible for health care of the nature and causes of disabilities and the need for assistance, as well as the success of services for the participation of disabled persons and those at risk of disability.

Title 2
Plaintily of the Associations

Unofficial table of contents

§ 63 Klaequitable of the Associations

If disabled persons are injured in their rights according to this book, they can complain at their place and with their consent associations which, according to their statutes, represent disabled persons at the federal or state level and not themselves in the process are involved. In this case, all procedural requirements must be in place, as in the case of a request for legal protection by the disabled person himself.

Title 3
Coordination of the participation of disabled people

Unofficial table of contents

Section 64 Advisory Council for the Participation of Disabled People

(1) The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) provides an advisory board for the participation of disabled people, who advises on issues of participation of disabled people and assists them in coordinating tasks. The tasks of the Advisory Board shall include in particular:

1.

support in the promotion of rehabilitation centres and participation in the allocation of the funds of the compensation fund,

2.

the stimulation and coordination of measures for the evaluation of the regulations made in this book in the context of rehabilitation research and, as a research-accompanying committee, the support of the Ministry in the definition of Questions and criteria.

The Federal Ministry of Labour and Social Affairs takes decisions on the allocation of the funds of the compensation fund only on the basis of proposals by the Advisory Board. (2) The Advisory Board consists of 48 members. The Federal Ministry of Labour and Social Affairs
two members, on a proposal by the employees ' group representatives, on the Administrative Board of the Federal Employment Agency,
two members on a proposal by the employers ' group representatives on the Administrative Board of the Federal Employment Agency,
six members, on a proposal from the associations of disabled persons, who, according to the composition of their members, are called upon to represent disabled persons at the federal level,
Sixteen members on a proposal from the countries,
three members on a proposal from the Federal Association of Local Government Associations,
one member on a proposal from the Bundesarbeitsgemeinschaft der Integration Offices and the main welfare offices,
one member on a proposal by the Executive Board of the Federal Employment Agency,
two members on a proposal from the top associations of health insurance companies,
a member, on a proposal from the top associations of the institutions of statutory accident insurance,
three members on a proposal from the German Pension Insurance Association,
one member, on a proposal from the Bundesarbeitsgemeinschaft der übertopical bearer of social assistance,
one member on a proposal from the Federal Working Group of the Free Welfare Administration,
one member on a proposal from the Bundesarbeitsgemeinschaft für Supported Employment,
five members, on a proposal from the working groups of the medical rehabilitation institutions, the professional development agencies, the vocational training centres, the workshops for disabled people and the integration firms,
a Member, on a proposal from the leading associations for the purpose of carrying out the interests of outpatient and inpatient rehabilitation centres at the federal level,
two members on a proposal by the Federal Association of the Federal Medical Association and the Federal Medical Association.
An alternate member shall be appointed for each member. Unofficial table of contents

Section 65 Procedure of the Advisory Board

The Advisory Council on the Participation of Persons with Disabilities shall elect a Chairperson or Chairperson for each year from the members of the employees, employers and organisations of disabled persons who are members of the Advisory Board, respectively. a deputy or a deputy. In addition, § 106 applies accordingly. Unofficial table of contents

Section 66 Reports on the situation of disabled persons and the development of their participation

(1) The Federal Government shall inform the legislative bodies of the Federal Government by 31 December 2004 of the situation of disabled women and men and the development of their participation, thus providing a summary and evaluation of the Expenditure on the prevention, rehabilitation and participation of disabled persons in terms of efficiency and effectiveness, and shall propose the measures to be taken, taking into account and evaluating the arrangements made with this book. The report shows the development of participation in life in society separately. If the Federal Government proposes further regulations, it will also report another report on its effects. The providers of services and facilities shall provide the necessary information. The supreme state authorities will be involved. A separate report on the situation of disabled persons is not to be drawn up before that date. (2) In the fulfilment of the reporting obligation pursuant to paragraph 1, the Federal Government shall also inform the legislative bodies of the Federal Government of the Federal Government's statutory bodies. Measures taken in accordance with the Act on Equal Opportunities for Disabled Persons, on target agreements within the meaning of § 5 of the Act on Equal Opportunities for Disabled Persons and on the Equality of Persons with Disabilities and gives a summary, by sex and age Differentiated presentation and evaluation. The report takes a stand on possible further measures for the equality of people with disabilities. The federal government shall inform the legislative bodies of the Federal Government by 31 December 2006 of the performance of the services of the Personal Budget in accordance with § 17. On the basis of the report, it is necessary to examine whether further action is needed, and the supreme state social authorities will be involved. Unofficial table of contents

Section 67 Regulation empowerment

With the consent of the Bundesrat, the Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, adopt further provisions on the management and the proceedings of the Advisory Board pursuant to Section 65.

Part 2
Special arrangements for the participation of severely disabled persons (severely disabled persons)

Chapter 1
Protected persons

Unofficial table of contents

Section 68 Scope

(1) The provisions of this Part apply to severely disabled persons and persons with equal treatment. (2) The equality of disabled persons with severely disabled persons (§ 2 para. 3) takes place on the basis of a determination pursuant to section 69 on request of the disabled person by the Federal Employment Agency. Equality shall take effect on the date of receipt of the application. It can be fixed for a limited period of time. (3) Persons with disabilities are subject to the special arrangements for severely disabled persons, with the exception of § 125 and Chapter 13. (4) Disabled persons are also disabled Young people and young adults (§ 2 para. 1) during the period of vocational training in establishments and departments, even if the degree of disability is less than 30 or a degree of disability is not established. The proof of disability is provided by an opinion of the Agency for Work or by a communication on benefits for participation in the working life. The special arrangements for severely disabled persons, with the exception of § 102 (3) (2) (c), are not applied. Unofficial table of contents

Section 69 Determination of the disability, ID

(1) At the request of the disabled person, the authorities responsible for the implementation of the Federal Supply Act shall establish the existence of a disability and the degree of disability. If an employed person applies for the determination of the property as a severely disabled person (§ 2 para. 2), the time limits specified in § 14 (2) sentences 2 and 4, as well as (5) sentence 2 and 5, as well as § 60 (1) of the First Book shall apply accordingly. The law on the administrative procedure for the provision of war victims shall be applied accordingly, unless the Tenth Book is applied. The effects on participation in life in society are assessed as degrees of disability according to tens of degrees. A determination shall only be made if there is a degree of disability of at least 20. By means of national law, jurisdiction may be regulated by way of derogation from the first sentence. (2) The findings referred to in paragraph 1 shall not apply if a determination is made on the existence of a disability and the degree of a reduction in employment which is based on it. has already been taken in a pension decision, an appropriate administrative or judicial decision or a provisional certificate of the departments responsible for those decisions, unless the disabled person is Interest in any other determination referred to in paragraph 1. A statement in accordance with the first sentence shall be considered at the same time as the determination of the degree of disability. (3) There are several impairments of participation in life in society, the degree of disability shall be determined in accordance with the effects of the impairments in the of their entirety, taking into account their mutual relations. Paragraph 1 shall apply to this decision, unless an overall assessment has already been made in a decision pursuant to paragraph 2. (4) In addition to the existence of the disability, other health characteristics are a prerequisite for the The competent authorities shall make the necessary findings in the procedure referred to in paragraph 1. (5) At the request of the disabled person, the competent authorities shall, on the basis of a declaration by the competent authorities, make the necessary findings. Disability a card of the property as a severely disabled person, the degree of Disability and, in the case of paragraph 4, other health characteristics. The identity card shall be used to demonstrate the use of services and other forms of assistance which are granted to disabled persons in accordance with Part 2 or to other provisions. The period of validity of the ID card shall be limited to a limited period. It will be drafted as soon as the legal protection of severely disabled people has been granted. The card shall be corrected as soon as a new arrest has become indisputable. Unofficial table of contents

Section 70 Regulation empowerment

(1) The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, more detailed provisions on the design of the ID, its validity and the administrative procedure. (2) The Federal Ministry of Labour and Social protection is authorized to draw up, with the consent of the Federal Council, the principles governing the medical assessment of the degree of disability and the medical conditions for the award of a mark by means of a regulation with the consent of the Federal Council. , which are to be entered under federal law in the disabled person's ID card.

Chapter 2
Employers ' employment obligations

Unofficial table of contents

Section 71 obligation of employers for the employment of disabled persons

(1) Private and public employers (employers) with an annual average of at least 20 jobs per month within the meaning of § 73 shall have to employ persons with severe disabilities at least 5 per cent of the jobs. In doing so, severely disabled women must be particularly taken into account. By way of derogation from the first sentence, employers with an annual average of less than 40 jobs per month have an annual average per month of a severely disabled person, employer with an annual average of less than 60 jobs per month. (2) (3) As a public employer within the meaning of Part 2, the following shall apply:

1.

each supreme federal authority with its subordinated departments, the Federal Presidential Office, the administrations of the German Bundestag and Bundesrat, the Federal Constitutional Court, the Supreme Courts of the Federation, the Federal Court of Justice, however, together with the federal prosecutor, as well as the federal railway assets,

2.

each supreme state authority and the state and presidential councils with its subordinates, the administrative authorities of the Landtage, the courts of account (chambers of account), the institutions of the constitutional jurisdiction of the Länder and any other National authority, but summed up those authorities which have a common staff management system,

3.

any other local authority and any association of local authorities,

4.

any other body, institution or foundation under public law.

Unofficial table of contents

Section 72 Employment of special groups of severely disabled persons

(1) In the context of the fulfilment of the obligation to provide employment, it shall be appropriate to employ appropriate measures.

1.

Severely disabled persons who are particularly affected by the nature or severity of their disability in working life, in particular such persons,

a)

which, in order to pursue employment, are not only temporarily subject to special assistance because of their disability, or

b)

whose employment, as a result of their disability, is not only temporarily linked to exceptional expenses for the employer; or

c)

which, as a result of their disability, are not only temporarily able to provide significantly less work, or

d)

with which there is a degree of disability of at least 50 solely as a result of mental or mental disability or decay, or

e)

which, because of the nature or severity of the disability, have no vocational training as defined in the Vocational Training Act,

2.

Severely disabled people, the 50. Have completed their life year.

(2) Employers with vocational training positions, in particular for apprentices, have to fill an appropriate proportion of these posts with severely disabled persons in the context of the fulfilment of the employment obligation. This is to be advised with the relevant representation of interests within the meaning of § 93 and the German severely disabled representatives. Unofficial table of contents

§ 73 Concept of the workplace

(1) Jobs within the meaning of Part 2 are all posts on which workers, civil servants, civil servants, judges and judges, apprentices and others are employed in their vocational training. (2) Jobs do not apply to jobs on which jobs are

1.

Disabled persons participating in work-life participation pursuant to § 33 (3) (3) in establishments or services,

2.

persons whose employment does not primarily serve their acquisition, but is primarily determined by motives of a charitable or religious nature, and clergy of public-law religious communities,

3.

persons whose employment is not primarily intended for their acquisition and which is mainly for their healing, resettlement or upbringing,

4.

persons who participate in job creation measures in accordance with the Third Book,

5.

persons who are elected to their posts after a permanent exercise,

6.

(dropped)

7.

persons whose work, service or other employment relationship is in the hands of a civil or civil service, parental leave, unpaid leave, a pension for a period of time, or part-time work during the period of exemption (blocking model), as long as a representation is set for them.

(3) In addition, employment shall not be regarded as jobs which, according to the nature of the work or the agreements concluded between the parties, are occupied only for a period not exceeding eight weeks, and those on which employees are less than 18 Hours per week.

Footnote

(+ + + § 73 para. 2 no. 4: For application see § 159a F. as of 23.12.2003 + + +) Unofficial table of contents

Section 74 Calculation of the minimum number of jobs and of the number of compulsory jobs

(1) The calculation of the minimum number of jobs and the number of jobs on which the severely disabled persons are to be employed (§ 71) do not include posts on which apprentices are employed. The same applies to positions on which legal or student referenders are employed, who have a legal right to recruitment. (2) The resulting fractions of 0.5 and more are to be found in the calculation. To round off employers with an annual average of less than 60 jobs. Unofficial table of contents

Section 75 Invoice of employees on the number of compulsory work places for severely disabled persons

(1) A severely disabled person employed in a workplace within the meaning of Article 73 (1) or (2) (1) or (4) shall be credited to a compulsory workplace for severely disabled persons. (2) A severely disabled person, who shall be Part-time employment shorter than usual, but not less than 18 hours per week, is counted on a compulsory job for severely disabled people. If the weekly working time is reduced to less than 18 hours as a result of part-time period, the first sentence shall apply mutatily. If a severely disabled person is employed less than 18 hours a week, the Federal Employment Agency shall allow the credit transfer to one of these compulsory jobs if part-time employment is necessary due to the nature or severity of the disability. (2a) A severely disabled person, who is employed in the context of a measure to promote the transition from the workshop for disabled persons to the general labour market (Article 5 (4) sentence 1 of the Workshop Regulation), will also be responsible for this Time to count on the number of compulsory jobs. (3) A severely disabled person Employer is credited to a compulsory workplace for severely disabled persons. (4) The holder of a Bergmannsvoucher becomes, even if he does not have a severely disabled or equivalent disabled person within the meaning of § 2 (2) or (3). is counted towards a compulsory workplace. Unofficial table of contents

§ 76 Multifax invoice

(1) The Federal Employment Agency (Bundesagentur für Arbeit) may take the account of a severely disabled person, in particular a severely disabled person within the meaning of section 72 (1), on more than one compulsory workplace, at most three compulsory jobs for severely disabled persons. Allow people if their participation in the working life encounters particular difficulties. Sentence 1 shall also apply to persons with severe disabilities following employment in a workshop for disabled persons and persons with severe disabilities in the sense of § 75 para. 2. (2) A severely disabled person, who is professionally responsible for vocational training. , it is calculated on two compulsory jobs for severely disabled people. The first sentence shall also apply during the period of training within the meaning of Section 35 (2), which shall be carried out in an establishment or a service. The Federal Employment Agency may allow the transfer to three compulsory jobs for severely disabled persons if the placement in a vocational training centre encounters particular difficulties due to the nature or severity of the disability. In the first year of employment, the severely disabled person will be transferred to two persons in the first year of employment if they are transferred to employment or employment by the training or other employer following a completed training. (3) On the account of a severely disabled person, on more than three compulsory work places for severely disabled persons, adopted before 1 August 1986, shall apply. Continue. Unofficial table of contents

Section 77 countervailing charge

(1) As long as employers do not employ the prescribed number of severely disabled persons, they will pay a countervailing charge for each unoccupied compulsory workplace for severely disabled persons. The payment of the countervailing charge does not abolic the obligation to employ severely disabled people. The countervailing charge is calculated on the basis of an annual average employment rate. (2) The countervailing charge is per unoccupied compulsory workplace

1.

EUR 105 for an annual average employment rate of 3% to less than the applicable duty rate,

2.

180 euro at an annual average employment rate of 2 per cent to less than 3 per cent,

3.

EUR 260 at an annual average employment rate of less than 2 per cent.

By way of derogation from the first sentence, the countervailing charge shall be for each unoccupied duty station for severely disabled persons

1.

for employers with an annual average of less than 40 jobs, with an annual average employment of less than one severely disabled person, 105 euro and

2.

for employers with annual average employment of less than 60 persons with an annual average employment of less than two severely disabled persons 105 euros and for an annual average employment of less than a severely disabled person 180 euros.

(3) The countervailing charge shall be increased in accordance with the change in the reference quantity in accordance with Article 18 (1) of the Fourth Book. It shall increase as from 1 January of a calendar year, if the reference quantity has increased by at least 10 per cent since the last redetermination of the amounts of the countervailing charge. The increase in the countervailing charge shall be increased by multiplying the factor for the change in the reference quantity by the respective amount of the countervailing charge. The resulting amounts shall be rounded off to the nearest of five dividable amounts. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) announcing the amount of the compensatory levy in the Bundesanzeiger (Federal Gazette) and the amounts resulting from the first sentence. (4) The compensatory fee shall be paid by the employer annually at the same time as Indication in accordance with § 80 (2) of the Integration Office responsible for its registered office. If an employer is in arrears for more than three months, the Integration Office shall issue a notice of determination on the amounts reimburseable and shall draw up the sums granted. In the case of backward amounts of the countervailing charge, the Integration Office shall, after 31 March, collect sowing surcharges in accordance with the provisions of Section 24 (1) of the Fourth Book; for its use, paragraph 5 shall apply accordingly. In justified exceptional cases, the Integration Office may depart from the collection of sowing surcharges. The opposition and the action against the notice of arrest do not have suspensive effect. In comparison with private employers, compulsory enforcement is carried out in accordance with the rules on compulsory administrative procedures. In the case of public employers, the Integration Office applies to the supervisory authority, against whose decision it is possible to call the decision of the top federal or state authority. After the end of the calendar year following the receipt of the ad from the Federal Employment Agency, the countervailing charge will not be refunded or refunded. (5) The countervailing charge may only be granted for special benefits to promote participation Disabled persons are used in working life, including accompanying assistance in working life (§ 102 (1) (3)), insofar as funds for the same purpose are not to be provided by another side or are provided. The personal and material costs of the administration and the costs of the proceedings must not be disputed from the occurrence of countervailing charges. The Integration Office gives an overview of the use of the countervailing charge to the Advisory Committee for Disabled People at the Integration Office (§ 103) at its request. (6) The Integration Offices are guided by the Legal Regulation pursuant to Section 79 of the German Law on Integration. a certain percentage of the amount of compensation paid to the compensation fund (§ 78). A compensation is brought about between the integration offices. The share of the compensation levy on the individual integration office is measured according to the average value of the ratio of the resident population under the responsibility of the integration office to the resident population within the scope of this Statutory provisions and the ratio of the number of employers employed under the responsibility of the Integration Office in the establishments and services of employment in the sense of Section 73 and of those employed by the Agencies for Work unemployed persons with a severely disabled person and those who are treated as disabled persons in the corresponding number of severely disabled persons and disabled persons treated as such in the scope of this code. (7) The remaining means of the countervailing charge in the case of the integration offices shall be provided by the managed separately. The accounts and the formal establishment of the invoices and supporting documents shall be governed by the rules which are generally applicable to those bodies. (8) The obligation to pay a countervailing charge (paragraph 1) shall apply with respect to: The Federal Government, as referred to in Article 71 (3) (1) of the Federal Republic of Germany, and with regard to the positions referred to in Article 71 (3) (2), shall be the

Footnote

(+ + + Note: countervailing charge in accordance with. Section 77 (3) as of 1.1.2012 cf. Bek. v. 16.12.2011 BAnz. N ° 196, 4624 (see: § 77Abs3/§54Abs3SGB9Bek) + + +) Unofficial table of contents

Section 78 Compensation fund

In order to promote the recruitment and employment of severely disabled people at work and to promote institutions and measures which are in the interests of several countries in the field of promoting the participation of severely disabled people At the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Labour and Social Affairs has established a compensation fund for national projects for the participation of severely disabled people in the working life. The Federal Ministry of Labour and Social Affairs administers the compensation fund. Unofficial table of contents

Section 79 Regulation appropriations

The Federal Government is authorized, by means of a regulation with the consent of the Federal Council

1.

to change the compulsory quota according to § 71 (1) according to the respective requirements for jobs for severely disabled persons, but to increase it to a maximum of 10 per cent or to reduce it to 4 per cent, with the compulsory quota for public employers are set higher than for private employers,

2.

detailed rules on the use of the countervailing charge in accordance with section 77 (5) and the design of the compensation fund in accordance with § 78, the use of the funds by it for the promotion of the participation of severely disabled people in the working life and the award of the compensation fund. and administrative procedures of the compensation fund,

3.

in the legal regulation referred to in point 2

a)

the amount of the compensation to be forwarded to the compensation fund, in accordance with the costs required to carry out the tasks of the compensation fund and the integration offices,

b)

the compensation between the integration offices, on a proposal from the Länder or a majority of the Länder, by way of derogation from the third sentence of Article 77 (6), and

c)

By way of derogation from § 41 (2) (1) of this Regulation and of integration establishments and departments, the responsibility for the promotion of institutions pursuant to § 30 of the Severely Disabled Compensation Regulation by way of derogation from § 41 (1) (3) of this Regulation and of integration establishments and departments Regulation

to regulate,

4.

the countervailing charge for employers who have less than 30 jobs in general or for individual Länder in general or for a specified period, if the number of vacant compulsory jobs is to be the severely disabled people are so much more than the number of severely disabled people to be employed that the compulsory jobs for severely disabled people do not need to be taken into account by these employers.

Chapter 3
Other obligations of employers; rights of severely disabled persons

Unofficial table of contents

§ 80 Co-operation of the employers with the Federal Employment Agency and the Integration Offices

(1) The employer shall keep a list of disabled persons and other eligible persons and other eligible persons who have been employed by them, separately for each establishment and each department, and shall keep the list of disabled persons and other eligible persons who are disabled and shall be subject to the same conditions as those the representatives of the Federal Employment Agency (Bundesagentur für Arbeit) and the Integration Office (Bundesagentur für Arbeit), who are responsible for the seat of the establishment or the office of the office, must be submitted on request. (2) The employers shall have the competent authority for their seat. Agency for work once a year no later than 31 March for the previous year Calendar year, broken down by month, to indicate the data necessary for the calculation of the extent of the employment obligation, the monitoring of their performance and the countervailing charge. The display shall be accompanied by the list referred to in paragraph 1, as well as a copy of the display and the directory for forwarding to the integration office responsible for its seat. A copy of the ad and the list must be sent to the staff, staff, judges, prosecutors and presidents of the Office, the Office of the Disabled and the representative of the employer. (3) Shows an employer the data up to the 30. The Federal Employment Agency (Bundesagentur für Arbeit) shall, after examination in actual and legal terms, issue a notice of determination on the basis of the calculation of the number of compulsory work places for the period in question, not correct or not completely. the severely disabled people and the data required for the occupied jobs. (4) The Employers who do not have to provide jobs for severely disabled persons shall only be required to report the notification in accordance with the invitation of the Federal Employment Agency (Bundesagentur für Arbeit) within the framework of a representative partial survey, which shall be carried out with the aim of: Collection of the categories of persons referred to in paragraph 1, broken down by Länder, every five years. (5) The employers have to supply the Federal Employment Agency and the Integration Office at the request of the information provided by the Federal Employment Agency (Bundesagentur für Arbeit) and the Integration Office. Implementation of the special arrangements for the participation of severely disabled persons and them (6) The list and the indication of the employer are those of the Federal Working Community of the Integration Offices and the main welfare offices, which are coordinated with the The Federal Employment Agency shall be used. The Federal Employment Agency (Bundesagentur für Arbeit) is to allow an electronic transmission procedure to carry out the display procedure in coordination with the Bundesarbeitsgemeinschaft. (7) The employers have the officer of the Federal Employment Agency (Bundesagentur für Arbeit und des Bundesagentur für Arbeit und des) The employer shall, on request, provide an insight into their operations or their service, in so far as it is necessary in the interests of the severely disabled and not endante the secrets of operations or services. (8) The employers have the Persons of the severely disabled persons (§ 94 (1) sentences 1 to 3 and § § 94) 97 (1) to (5) immediately after the election and its authorized representative for the affairs of the severely disabled (§ 98 sentence 1) immediately after the appointment of the agency responsible for the seat of the establishment or the office of employment and to name the Integration Office. (9) (to be omitted) Unofficial table of contents

§ 81 obligations of the employer and the rights of severely disabled persons

(1) Employers shall be obliged to examine the possibility of occupying vacant jobs with severely disabled persons, in particular with the Agency for the Work of Severely Disabled Persons, which are reported to be unemployed or in search of work. You can contact the Agency for work at an early stage. The Federal Employment Agency (Bundesagentur für Arbeit) or an integration specialist service is proposing suitable severely disabled people to employers. The employers have to inform the disabled representatives and the representatives referred to in § 93 immediately after receipt of the mediation proposals and applications submitted by severely disabled persons. In the case of applications of severely disabled judges and judges, the Presidential Council will be informed and consulted in so far as this is to be involved in the appointment. In the case of the examination in accordance with the first sentence, the employers shall participate in the representation of the severely disabled persons in accordance with § 95 para. 2 and shall hear the representations mentioned in § 93 If the employer does not fulfil his obligation to provide employment and does not agree with the intended decision of the employer, the disabled representative or a representative referred to in § 93 is not in agreement, the employer shall be responsible for the reasons for the decision to be taken by the employer. to discuss them. In doing so, the severely disabled person concerned shall be heard. All parties concerned shall be informed without delay by the employer of the decision taken, together with the reasons for the decision. In the case of applications of severely disabled persons, the disabled person's representation is not to be involved if the severely disabled person expressly rejects the participation of the severely disabled person. (2) Employers are to be allowed to employ severely disabled employees are not pensive because of their disability. In particular, the regulations of the General Equal Treatment Act apply. (3) The employers shall ensure, by means of appropriate measures, that at least the prescribed number of severely disabled persons in their establishments and departments can find employment that is as durable as possible. The second and third sentences of paragraph 4 shall apply. (4) The severely disabled persons shall be entitled to be entitled to

1.

employment, in which they can exploit and develop their skills and knowledge as fully as possible,

2.

Taking into account in-company vocational training measures in order to promote their professional development,

3.

-facilitation of the reasonable extent of participation in non-operational vocational training measures;

4.

The establishment and maintenance of workplaces, including facilities, machinery and equipment, as well as the design of workplaces, the working environment, work organisation and working time, with special emphasis on the need to ensure that the workplace is not Taking into account the risk of accidents,

5.

Equipment of your workplace with the necessary technical work aids

having regard to the disability and its impact on employment. In the implementation of the measures referred to in points 1, 4 and 5, the Federal Employment Agency and the Integration Offices shall support employers, taking into account the essential characteristics of the severely disabled persons. A claim under the first sentence does not exist, in so far as its performance would not be reasonable for the employer or would be associated with disproportionate expenses, or insofar as the state or occupational health and safety regulations or regulations or regulations are not applicable to the employer. (5) Employers promote the establishment of part-time jobs. They are supported by the Integration Offices. Severely disabled persons shall be entitled to part-time employment if the shorter working time is necessary because of the nature or severity of the handicap; paragraph 4, sentence 3 shall apply accordingly. Unofficial table of contents

Section 82 Special obligations of public employers

The services of the public employers report to the agencies for work at an early stage of vacancy and new jobs as well as new jobs (§ 73). If severely disabled people have applied for such a job, or if they have been proposed by the Federal Employment Agency or one of these commissioned integration services, they will be invited to an interview. An invitation is deprivation if the professional competence is obviously missing. An integration agreement according to § 83 does not require if the regulations already exist and are carried out for the services in accordance with § 83. Unofficial table of contents

§ 83 Integration Agreement

(1) In cooperation with the representative of the employer (§ 98), the employers shall make a binding agreement on integration with the representative of the severely disabled person and the representatives referred to in § 93. At the request of the representatives of the severely disabled persons, the negotiations are conducted with the participation of the representatives referred to in § 93. If a disabled representative is not present, the application is entitled to the representations referred to in § 93. The employer or the disabled person's representative may invite the Integration Office to participate in the negotiations on the integration agreement. The Agency for Labour and the Integration Office, which is responsible for the seat of the employer, will be notified of the agreement. (2) The agreement contains provisions relating to the integration of severely disabled persons, in particular the Staff planning, workplace design, working environment, work organisation, working time, and regulations on implementation in the companies and services. In the case of personnel planning, special arrangements are provided for the employment of an appropriate proportion of severely disabled women. (2a) In the agreement, provisions may in particular also be made.

1.

appropriate consideration of severely disabled persons in the occupation of free, vacant or new posts,

2.

on an employment rate to be sought, including an appropriate proportion of women with severe disabilities,

3.

on part-time work,

4.

on the training of disabled young people,

5.

on the implementation of operational prevention (occupational integration management) and on health promotion,

6.

on the drawing-up of the work or work doctor also for work on the participation and special assistance in working life.

(3) In the meetings of severely disabled persons, the employer shall report on all matters relating to the integration of severely disabled persons. Unofficial table of contents

§ 84 Prevention

(1) The employer shall, in the event of the occurrence of personal, behavior or operational difficulties in the employment or other employment relationship, which may lead to the endangering of this relationship, shall, as early as possible, be the In order to discuss with them all possibilities and all available support for advice and possible financial services, with which the representatives of the disabled and the representatives of the disabled persons and the agencies referred to in § 93 are to be discussed with them. Difficulties can be overcome and the work or other (2) If employees are unemployed for more than six weeks in the course of a year or repeatedly incapacitively, the employer shall inform the competent representative of the interests of the employer in the In the sense of § 93, in the case of severely disabled persons also with the representatives of the severely disabled, with the consent and participation of the data subject, the possibilities of how to overcome the incapacity to work as far as possible and with what kind of work or Support for renewed incapacity for work, and the workplace can be obtained (operational integration management). As far as necessary, the plant or plant physician is consulted. The person concerned or his legal representative must first be informed of the objectives of the operational integration management as well as on the nature and scope of the data collected and used for this purpose. If benefits are considered for participation or accompanying assistance in working life, the employer shall use the local joint service offices or, in the case of severely disabled employees, the integration office. They shall ensure that the necessary services or assistance are requested without delay and are provided within the time limit laid down in Article 14 (2) sentence 2. The competent representation of interests within the meaning of § 93, in the case of severely disabled persons, is also the representatives of the severely disabled persons, can demand clarification. They shall ensure that the employer fulfils the obligations imposed on him under this provision. (3) The rehabilitation providers and the integration offices may, by means of an occupational integration management, implement the Promote rewards or a bonus.

Chapter 4
Protection against dismissal

Unofficial table of contents

Section 85 requirement of consent

Dismissal of the employment relationship of a severely disabled person by the employer requires the prior consent of the integration office. Unofficial table of contents

Section 86 Termination period

The notice period shall be at least four weeks. Unofficial table of contents

Section 87 Application procedure

(1) The consent to the termination of the contract is requested by the employer in writing at the integration office responsible for the seat of the establishment or the office of the office. The concept of the establishment and the concept of the office within the meaning of Part 2 shall be determined in accordance with the German Works Constitution Act and the Staff Representative Law. (2) The Integration Office shall obtain an opinion from the Works Council or Staff Council and (3) The Integration Office acts on an amicable agreement in every situation of the proceedings. Unofficial table of contents

Section 88 Decision of the Integration Office

(1) The Integration Office shall take the decision, if necessary at the basis of oral proceedings, within one month from the date of receipt of the application. (2) The decision shall be made to the employer and to the severely disabled person , The Federal Employment Agency will send a copy of the decision. (3) The Integration Office shall give the consent to the termination of the contract, the employer may declare the termination only within one month after service. (4) (5) In the cases of § 89 (1) sentence 1 and (3), paragraph 1 shall apply with the proviso that the decision shall be taken within one month from the date of the date of the At the beginning of the application, it is to be made. If a decision is not taken within this period, the consent shall be deemed to have been granted. Paragraphs 3 and 4 shall apply accordingly. Unofficial table of contents

§ 89 Restrictions on discretionary decision-making

(1) The Integration Office shall give its consent to dismissal in establishments and departments which are not only temporarily suspended or disbanded if the payment is made between the date of cancellation and the date on which the salary or salary is paid; at least three months. Subject to the same condition, it should also give its consent to dismissals in establishments and services which are not only temporarily limited when the total number of severely disabled persons still employed is sufficient for the fulfilment of the employment obligation in accordance with § 71. The rates 1 and 2 shall not apply where re-employment is carried out in another place of work of the same establishment or office or in a free place of work in another establishment or office of the same undertaking or office of the same establishment or office Employer with consent of the severely disabled person is possible and reasonable for the employer. (2) The integration office should give the consent if the severely disabled person has a different reasonable and reasonable workplace (3) The insolvency proceedings shall be opened on the assets of the employer; the Integration Office shall give its consent if:

1.

the severely disabled person is referred to in an equalisation of interests, in particular as one of the workers to be dismissed (§ 125 of the Insolvency Code),

2.

the representatives of the severely disabled have been involved in the event of the balancing of interests in accordance with Article 95 (2),

3.

the proportion of the severely disabled persons to be paid after the balance of interests is not greater in the number of persons with severely disabled persons employed than the proportion of the other employees to be dismissed in the number of persons employed workers and

4.

the total number of severely disabled persons, who are to remain with the employer after the balance of interests, is sufficient to fulfil the employment obligation in accordance with § 71.

Unofficial table of contents

Section 90 Exceptions

(1) The provisions of this Chapter shall not apply to severely disabled persons,

1.

whose employment relationship at the time of receipt of the notice of dismissal is not longer than six months; or

2.

who are employed in posts within the meaning of section 73 (2) (2) to (5), or

3.

the employment relationship of which is terminated by termination, provided that:

a)

the 58. Have completed a life year and are entitled to compensation, compensation or similar performance on the basis of a social plan or

b)

Have the right to compensation in accordance with the Sixth Book or to the adjustment allowance for workers made redundant in the mining sector,

if the employer has notified them of the intention to terminate the contract in due time and they do not object to the intention to terminate the contract until such time as they are not entitled to the notice of termination.

(2) The provisions of this Chapter shall also not apply in the case of redundancies made for weather reasons, provided that the reinstatability of the severely disabled persons is guaranteed when the work is resumed. (2a) The Provisions of this Chapter shall also not apply if, at the time of termination, the property is not established as a severely disabled person or if the supply office has been identified after the expiry of the period of the second sentence of Article 69 (1). (3) The employer shows attitudes in the case of the sample and the termination of work conditions of severely disabled persons in the cases referred to in paragraph 1 (1), irrespective of the obligation to notify according to other laws to the Integration Office within four days. Unofficial table of contents

Section 91 Extraordinary dismissal

(1) The provisions of this Chapter shall apply, with the exception of § 86, even in the event of extraordinary termination, unless otherwise provided by the following provisions. (2) The consent to the termination may only be requested within two weeks. , the entry of the application at the Integration Office shall be the decisive factor. The period begins at the time when the employer becomes aware of the facts which are decisive for the termination of the contract. (3) The Integration Office shall take the decision within two weeks from the date of receipt of the application. If a decision is not taken within this period, the consent shall be deemed to have been granted. (4) The Integration Office shall give its consent if the termination is made for a reason which is not related to the disability. (5) The Termination may also take place after the expiry of the period of § 626 (2) sentence 1 of the Civil Code, if it is declared immediately after the consent has been granted. (6) Disabled persons, to whom only on the occasion of a strike or a No notice of exclusion has been terminated without notice, after the end of the strike or the Lockout set again. Unofficial table of contents

§ 92 Extended termination protection

The termination of the employment relationship of a severely disabled person shall also require the prior consent of the integration office if, in the event of the entry of a partial reduction in employment, it is the reduction of the labour force on time, the Inability to work or incapacity to work on time without notice. The provisions of this Chapter relating to the consent to the ordinary notice shall apply accordingly.

Chapter 5
Operational, Human, Judge, Prosecutor and Presidential Council, Representative for the Disabled, Representative of the employer

Unofficial table of contents

Section 93 Tasks of the operational staff, personnel, judges, prosecutors and presidents

Staff, staff, judges, public prosecutors and the Presidential Council promote the integration of severely disabled people. In particular, they shall ensure that the obligations laid down by the employer in accordance with § § 71, 72 and 81 to 84 are fulfilled; they shall have an effect on the choice of representatives of the severely disabled. Unofficial table of contents

Section 94 Election and term of office of the representatives of the disabled

(1) In establishments and services in which at least five severely disabled persons are not only temporarily employed, a person of trust and at least one alternate member shall be elected which shall be the confidential person in the case of the Prevention by absence or perception of other tasks. In addition, in the case of courts which comprise at least five severely disabled judges or judges, they shall elect a judge or a judge for the representation of their severely disabled persons. The second sentence shall apply to prosecutors or public prosecutors to the extent that they are represented by a special staff representative. Establishments or departments which do not fulfil the conditions set out in the first sentence may be grouped together for the purpose of selecting the premises of the employer or the equivalent departments of the same administration which are located in close proximity to each other; to the extent that: , courts of different jurisdictions and levels may be combined. The employer shall decide on the summary in consultation with the integration office responsible for the seat of the establishments or departments, including the courts. (2) All persons employed in the establishment or office shall be entitled to vote. Disabled persons. (3) All persons employed in the establishment or the office are not only temporarily employed, who are in the 18-year term on the election day. If the establishment or service is less than one year, it shall not be eligible for a six-month period of eligibility for eligibility for eligibility. It is not possible to choose who cannot belong to the operating, personnel, judge, prosecutor's or presidential council. (4) In the case of the Federal Armed Forces, where a representative of the soldiers is to be represented in accordance with the Federal Personnel Representation Act (Bundeswehr) (5) The regular elections are held every four years in the period from 1 January to the next year. The elections are held in the first half of the year. October to November 30th. Outside this time, elections will take place if

1.

prematurely erases the office of the representative of the severely disabled and does not bridge a deputy member,

2.

the election has been successfully contested, or

3.

a severely disabled person has not yet been elected.

If, outside the period fixed for the regular elections, a choice of the representative of the severely disabled person has taken place, the representatives of the severely disabled shall be re-elected in the next period of the regular elections following the election. If the term of office of the representatives of the severely disabled has not yet been one year at the beginning of the period laid down for the regular elections, the representatives of the severely disabled will be re-elected for regular elections over the next period. (6) Confidential persons and the Deputy Member shall be elected by secret ballot in accordance with the principles of majority voting. In addition, the rules on election rights, electoral protection and election costs shall apply mutatis mutally in the election of the holding, personnel, judges, prosecutors or presiding councors. In establishments and services of less than 50 persons with severe disability, the person of trust and the alternate member shall be elected in the simplified electoral procedure, unless the holding or service is made up of There is a lot of different parts. If a disabled representative is not elected in an establishment or service, the office of integration responsible for the establishment or service may become a meeting of severely disabled persons for the purpose of choosing a (7) The term of office of the representatives of the severely disabled is four years. It shall begin with the announcement of the results of the election or, if the term of office of the present representative of the severely disabled has not yet ended, with the expiry of the term. The Office shall cease prematurely if the person of the person is responsible for it, ceases from the employment, service or judge's relationship or loses the eligibility. If the confidence person leaves the office prematurely, the deputy member elected with the highest number of votes shall move forward for the remainder of the term of office; this shall apply accordingly to the deputy member. At the request of one-quarter of the disabled persons entitled to vote, the Committee of Appeal at the Integration Office (§ 119) may decide to delete the office of a confidant on account of gross violation of their duties. Unofficial table of contents

§ 95 Tasks of the representative of the severely disabled

(1) The representative of the severely disabled person shall promote the integration of severely disabled persons into the establishment or the office, shall represent their interests in the establishment or the office, and shall assist them in an advisory and helfative manner. It shall carry out its tasks, in particular by:

1.

It shall ensure that the laws, regulations, collective agreements, operating or service agreements and administrative arrangements in force in favour of severely disabled persons are carried out, and in particular those of the employer in accordance with § § 71, 72 and 81 to 84 obligations are fulfilled;

2.

measures to be taken by the competent authorities, in particular preventive measures, to be applied to the competent authorities;

3.

Receive suggestions and complaints from severely disabled people and, if they are entitled to do so, act on an execution by negotiation with the employer; it informs the severely disabled people of the status and the situation Outcome of the negotiations.

The representatives of the severely disabled are also assisting employees in applications for the authorities responsible pursuant to section 69 (1) for the identification of a disability, their degree and a severe disability, as well as for applications for equality to the Agency for Work. In establishments and departments with as a rule more than 100 severely disabled persons, it may, after informing the employer, use the deputy member elected with the highest number of votes to perform certain tasks, in establishments and in the Services with more than 200 severely disabled persons, the other deputy member elected with the next highest number of votes. The use of certain tasks shall be followed by the coordination between them. (2) The employer shall immediately be responsible for the representation of the severely disabled in all matters affecting a single person or the severely disabled as a group. and to be fully informed and to be heard before taking a decision; it shall immediately inform it of the decision taken. The execution or enforcement of a decision taken without participation in the first sentence of sentence 1 shall be suspended, the participation shall be obtained within seven days; it shall then be definitively decided. The representative for the disabled has the right to participate in the proceedings pursuant to § 81 (1) and in the presence of mediation proposals of the Federal Employment Agency according to § 81 (1) or of applications of severely disabled persons the right to Insight into the decision-making parts of the application documents and participation in interviews. (3) The severely disabled person has the right to inspect the personal file or data concerning him or her that he or she is responsible for, if he is interested in the information to move towards the disabled. The representatives of the severely disabled are not silent on the content of the data, provided that they did not release the severely disabled person from this obligation. (4) The representative of the severely disabled person has the right to attend all meetings of the holding, (c) to take part in an advisory capacity on the part of staff, judges, public prosecutors or members of the Presidential Council and their committees, as well as the Work Protection Committee; it may request that matters relating to individuals or the severely disabled as a group be particularly relevant; to the agenda for the next sitting. If it considers a decision of the establishment, staff, judge, public prosecutor or presidential council as a significant impairment of important interests of severely disabled persons, or if it has not been involved in the case of the first sentence of paragraph 2, it shall not be taken into account. on their application, the decision shall be suspended for a period of one week from the date of decision-making; the provisions of the Works Constitution Act and of the staff representative law on the suspension of decisions shall apply accordingly. A period shall not be extended by the suspension. In the cases of Section 21e (1) and (3) of the Law on the Rights of the Court of Justice, the representatives of the severely disabled persons, except in urgent cases, shall be present at the request of a severely disabled judge or a severely disabled judge in front of the court of justice (5) The representatives of the severely disabled are to be represented at meetings in accordance with Section 74 (1) of the German Works Constitution Act, Section 66 (1) of the Federal Personnel Representation Act, and the corresponding provisions of the other staff representation law between the employer and the representations referred to in paragraph 4 (6) The representative of the severely disabled person shall have the right to carry out at least once in the calendar year an assembly of severely disabled persons in the holding or in the office of employment. The rules applicable to operational and personnel meetings are applicable. (7) In a matter, the representatives of the severely disabled persons of the judges and the representatives of the severely disabled are the representatives of the other members of the staff. Staff members, they shall act together. (8) The representatives of the severely disabled persons may take part in meetings of operations and staff in establishments and departments for which they are responsible for the representation of the severely disabled, and shall have a representative office there. Rederecht, even if the members of the severely disabled representatives do not Members of the establishment or service. Unofficial table of contents

§ 96 Personal rights and obligations of the persons of the severely disabled persons

(1) The persons of trust conduct their duties free of charge as an honorary office. (2) The persons of trust may not be impeded in the performance of their duties or are not disadvantaged or favoured by virtue of their duties; this shall also apply to their professional activities. Development. (3) The persons of trust shall have the same personal status with the employer, in particular the same protection as a member of the establishment, staff, prosecutor's or public prosecutor's office, or Judge's Council. The Deputy Member shall have the same personal legal status as the person of the trust during the period of representation and use pursuant to Article 95 (1) sentence 4, incidentally, the same legal status as substitute members of the person in sentence 1 (4) The persons of trust shall be exempted from their professional activities without any reduction in remuneration or remuneration, if and in so far as it is necessary for the performance of their duties. If at least 200 severely disabled persons are employed in the establishments and services, the person of trust shall be exempted at their request and any further agreements shall be admissible. The first sentence shall apply to participation in training and educational events to the extent that this knowledge is necessary for the work of the representative of the severely disabled person. Sentence 3 shall also apply to the alternate member elected by the highest number of votes, if:

1.

constant use in accordance with § 95,

2.

more frequent representation of the trust person for a longer period of time,

3.

Foreseeable future in the Office of the Representative for the Disabled in a short period of time

participation in educational and training events is required. (5) Non-employed persons are not allowed to be excluded from internal or non-operational measures of the promotion of vocational training. Within one year of the termination of their exemption, they shall be given the opportunity, within the scope of the operation or the service, to provide them with a professional development in the establishment or the establishment which is not subject to exemption from the exemption. Post office. For trusts who have been exempted for three full consecutive terms, the period referred to above shall be increased to two years. (6) To compensate for their activities, which are not due to operational or service reasons outside the The persons of trust shall be entitled to the corresponding work or service exemption in the form of payment of the remuneration of the remuneration or remuneration. (7) The persons of trust shall be obliged to:

1.

keep silent on the personal circumstances and matters of employees within the meaning of § 73, which have become known to them because of their office, which require confidential treatment of their meaning or their content, and

2.

shall not disclose and not exploit any operating or business secrets which have become known to them and are expressly referred to by the employer as being in need of secrecy by their employer.

These duties shall also apply after leaving office. They do not apply to the Federal Employment Agency, the Integration Offices and the rehabilitation institutions, to the extent that their tasks require the severely disabled person to do so, in relation to the persons of trust in the progressive agencies (§ 97) and in relation to the representations, persons and bodies referred to in § 79 (1) of the German Works Constitution Act and the relevant provisions of the staff representative law. (8) The representatives of the disabled persons The employer shall bear the costs incurred. The same shall apply to the costs incurred by the participation of the Deputy Member elected with the highest number of votes in training and educational events in accordance with the third sentence of paragraph 4. (9) The premises and the business needs of the Employers are also provided with the representatives of the employees, staff, judges, public prosecutors or the Presidential Council for their meetings, office hours and ongoing management, and the disabled representatives are also available for the same purposes. insofar as they are not provided for this purpose in their own rooms and saxon resources . Unofficial table of contents

Section 97 Group, total, district and major disability representation

(1) Where a total works council is established for a number of establishments in an employer, or an overall staff council is set up for the business unit of several departments, the severely disabled representatives of the individual establishments or departments shall select a total staff rate Total disability representation. If a representative for the disabled is elected only in one of the establishments or in one of the departments, it is responsible for the rights and obligations of the overall representation of the disabled person. (2) If a group works council is established for several companies, select The total number of severely disabled persons is a group of severely disabled persons. If a group company consists of only one holding, for which a severely disabled person is elected, it has the right to vote as an overall disability representation. (3) For the business unit of multi-level administrations, in which a district- or the main staff council, paragraph 1 shall apply mutagenally, with the proviso that the central authorities shall be represented by the representative offices of the central authorities and the representatives of the severely disabled persons in the subordinated services of the district is to be selected. In the case of the highest service authorities, the representatives of the severely disabled representatives and the district severely disabled representatives of the business unit have to elect a main disabled representative; the number of representatives of the district severely disabled persons is lower (4) In the case of courts of a branch of the jurisdiction for which a district or main county council is formed, paragraph 3 shall apply mutagentily. If, in one branch of jurisdiction, the courts of the Länder are to elect a number of representatives of the severely disabled persons in accordance with § 94, and in that branch there is no principal county council, the corresponding application of paragraph 3 shall be subject to the following: To choose the main disability representation. The main disabled representation is responsible for the task of representing the severely disabled vis-à-vis the Presidential Council. (5) At least one alternate member shall be appointed for each person who is to be re-elected in accordance with paragraphs 1 to 4. (6) The total disability representation represents the interests of the severely disabled in matters relating to the undertaking as a whole or to a number of establishments or departments of the employer and to the interests of the disabled. Severely disabled representatives of individual establishments or departments are not regulated , as well as the interests of the severely disabled persons who work in an establishment or a department for which a representative for the severely disabled is not elected; this includes negotiations and the conclusion of such persons. Integration agreements. The first sentence shall apply mutagenly to the representatives of the Group, the District and the Central Office for the Disabled, and to the representatives of the severely disabled representatives of the supreme service authority, if step representatives are not elected in the case of a multi-level administration. The representative of the severely disabled person in accordance with the second sentence shall also be responsible for the personal affairs of disabled persons, who shall be responsible for a higher-level service, and shall give the representatives of the severely disabled persons responsible for the disabled person's office, who shall: the severely disabled people, the opportunity to express their views. Sentence 3 shall not apply in cases in which the Staff Committee of the Employment Authority is to be involved. (7) § 94 (3) to (7), § 95 (1) sentence 4, para. 2, 4, 5 and 7 and § 96 shall apply in accordance with Section 94 (5), with the proviso that the choice of the total and District severely disabled representatives in the period from 1 December to 31 January, which takes place from 1 February to 31 March in the period from 1 February to 31 March. (8) Section 95 (6) applies to the organisation of meetings of the Trust and county trusts by the total, county or district Responsible for the main disability representation. Unofficial table of contents

Section 98 Representative of the employer

The employer appoints a commissioner who is responsible for the affairs of severely disabled persons; if necessary, several commissioners can be appointed. The commissioner should, as far as possible, be a severely disabled person. The representative shall pay particular attention to the fulfilment of the obligations of the employer. Unofficial table of contents

Section 99 Cooperation

(1) Employers, employees of the employer, representatives of the disabled and employees, personnel, judges, prosecutors or the Presidential Council are working closely to enable people with disabilities to participate in working life in the company or in the service sector (2) The persons and representations referred to in paragraph 1, the bodies responsible for the implementation of Part 2 and the rehabilitation providers shall assist each other in the performance of their duties. The trust person and the employer of the employer are liaison officers to the Federal Employment Agency and to the Integration Office. Unofficial table of contents

Section 100 Regulation empowerment

The Federal Government is authorized, with the consent of the Federal Council, to lay down detailed rules on the preparation and implementation of the election of the representatives of the severely disabled and of their phased representation.

Chapter 6
Implementation of the special arrangements for the participation of severely disabled people

Unofficial table of contents

Section 101 Cooperation of the Integration Offices and the Federal Employment Agency

(1) In so far as the special arrangements for the participation of severely disabled persons in the working life are not fulfilled by the employer's free resolution, they shall be:

1.

in the countries of the Office for the Integration of Severely Disabled People in the Working Life (Integration Office) and

2.

by the Federal Employment Agency

in close cooperation. (2) The tasks assigned to the rehabilitation agents in accordance with the applicable regulations remain unaffected. Unofficial table of contents

Section 102 Tasks of the Integration Office

(1) The Integration Office has the following tasks:

1.

the collection and use of the countervailing charge;

2.

the protection against dismissal,

3.

accompanying assistance in working life,

4.

the temporary withdrawal of special aid for severely disabled people (§ 117).

The integration offices shall be equipped in such a way as to enable them to carry out their tasks in a comprehensive and qualified manner. To this end, specially trained personnel with specialist knowledge of the severely disabled person will be employed. (2) The accompanying assistance in working life will be carried out in close cooperation with the Federal Employment Agency and the rest of the rehabilitation institutions. carried out. Its aim is to ensure that the severely disabled people do not fall in their social position, are employed in jobs where they can fully exploit and develop their skills and knowledge, as well as through services the providers of rehabilitation and employers ' measures are empowered to compete in the workplace and in competition with non-disabled people. Jobs are also considered to be jobs on which employees are employed on a fixed-term basis or as part-time employees at least 15 hours per week. The accompanying assistance in working life also includes the psychosocial care of severely disabled people, which is necessary according to the circumstances of the individual case. The Integration Office may participate in the implementation of the accompanying assistance in the working life of integration services, including psychosocial services of free non-profit institutions and organisations. The aim of the Integration Office is to ensure that difficulties in working life are prevented or eliminated, as well as training and education measures for the persons of trust, employers ' representatives, and establishment, Staff, judges, prosecutors and presiding councils. The Office of Integration, in close cooperation with the local labour market participants, appoints contact persons, who are available to employers in craft and industrial and chambers of commerce, in order to provide them with the functions and tasks of the employers. To inform integration services, to inform about the possibilities of accompanying assistance in working life and to establish contact with the integration service. (3) The Integration Office can within the scope of its responsibility for the accompanying assistance in the Working life from the funds available to him also cash benefits provide, in particular

1.

of severely disabled people

a)

for technical assistance,

b)

to reach the workplace,

c)

the creation and maintenance of a self-employed professional existence,

d)

for the procurement, equipment and maintenance of an apartment that is suitable for disabled persons,

e)

to take part in measures to maintain and enhance professional knowledge and skills; and

f)

in special circumstances,

2.

to employers

a)

for the disabled establishment of work and training places for severely disabled people,

b)

for grants for fees, in particular examination fees, in the case of vocational training of particularly severely disabled young people and young adults,

c)

for premiums and subsidies on the costs of vocational training for disabled young people and young adults who have been treated for the period of vocational training of severely disabled persons in accordance with Article 68 (4) of this Directive,

d)

for premiums for the introduction of an in-company integration management and

e)

for exceptional burdens resulting from the employment of severely disabled persons within the meaning of section 72 (1) (a) to (d), of severely disabled persons following employment in a recognised workshop for disabled persons persons or persons within the meaning of section 75 (2), especially if without these services the employment relationship would be endangered,

3.

to providers of professional integration services, including psychosocial services of free non-profit institutions and organisations, as well as to support for integration projects.

It may also provide services for the implementation of educational, training and educational activities. (3a) Disabled persons have the responsibility of the integration office to benefit from the compensation provided by the compensatory levy. The right to take over the costs of a professional support according to Article 38a (3). (4) Severely disabled persons have the responsibility of the Integration Office for accompanying assistance in working life from the compensatory levy on the Funds available to take over the costs of a necessary (5) obligations of others shall not be affected by the provisions of paragraphs 3 and 4. Benefits of the rehabilitation carrier according to § 6 (1) no. 1 to 5 may not be denied, even if there is no legal claim, because according to the special regulations for severely disabled persons, corresponding benefits (6) § 14 shall apply mutatis mutuelly if an application for participation in working life is requested by the Integration Office. The same applies if an application has been submitted to a rehabilitation carrier and the application has been forwarded by the same to the Integration Office pursuant to Section 16 (2) of the First Book. If the immediate provision of a performance for participation in the working life is necessary, the Integration Office may provide the performance on a provisional basis. If the Integration Office has provided a service for which another institution is responsible, it shall reimburse the expenses incurred by the other institution. (7) The Integration Office may also provide its services for accompanying assistance in the working life as Execute a personal budget. § 17 shall apply accordingly. Unofficial table of contents

Section 103 Consultative Committee for Disabled People at the Integration Office

(1) Each Integration Office shall set up a Consultative Committee for Disabled People, which promotes the participation of disabled persons in working life, the Integration Office in the implementation of the special arrangements for severely disabled persons Helping people to participate in working life and participating in the allocation of the funds of the countervailing charge. To the extent that the means of the compensatory levy are used for institutional support, the Advisory Committee shall make proposals for the decisions of the Integration Office. (2) The Committee shall consist of ten members, namely:
two members representing the workers and workers,
two members representing the private and public employers,
four members representing the organisations of disabled people,
a member representing the country in question,
a member representing the Federal Employment Agency. (3) For each member, a deputy or a deputy is to be appointed. Members and alternates shall be resident in the district of the Integration Office. (4) The Integration Office shall convene on a proposal
the trade unions of the country in question,
the employers ' associations of the country concerned,
the competent supreme state authority or the authority designated by it;
the organisations of disabled people in each country who, according to the composition of their members, are called upon to represent the disabled persons in their entirety, four members.
The competent supreme state authority or the authority designated by it and the Federal Employment Agency shall appoint one member each. Unofficial table of contents

Section 104 Tasks of the Federal Employment Agency

(1) The Federal Employment Agency has the following tasks:

1.

vocational guidance, training and placement of disabled people, including the placement of workers with disabilities in workshops for disabled people in the general labour market,

2.

advising employers on the occupation of training and jobs with severely disabled people,

3.

the promotion of the participation of severely disabled people in working life in the general labour market, in particular those of severely disabled people,

a)

which are particularly affected by the nature or severity of their disability or other circumstances in the working life (Section 72 (1)),

b)

which are long-term unemployed within the meaning of § 18 of the Third Book,

c)

which, following employment, are set up in a recognised workshop for disabled people or an integration project,

d)

that are hired as part-time workers, or

e)

which are recruit for initial or continuing training,

4.

in the context of job creation measures, special promotion of severely disabled people,

5.

equality, its revocation and withdrawal,

6.

the implementation of the notification procedure (Section 80 (2) and (4)),

7.

monitoring of the fulfilment of the obligation to provide employment;

8.

the admission of the credit transfer and the multiple invoice (§ 75 para. 2, § 76 (1) and (2)),

9.

the recording of the workshops for disabled people, their recognition and the abolition of recognition.

(2) The Federal Employment Agency shall transmit annually to the Federal Ministry of Labour and Social Affairs the results of its promotion of the participation of severely disabled persons in the working life on the general labour market after the latter's approximate determination and professional instruction. The results include information on the number of employers and severely disabled people being supported, the total resources spent and the average funding amounts. The Federal Employment Agency publishes these results. (3) The Federal Employment Agency conducts temporary national and regional labour market programmes for the reduction of unemployment of disabled people, special groups Severely disabled persons, in particular severely disabled women, as well as the promotion of the provision of training places for severely disabled persons, which are provided by administrative agreements pursuant to § 368 (3) sentence 2 and paragraph 4 of the third book shall be transferred by the allocation of the corresponding appropriations. The Federal Ministry of Labour and Social Affairs is to be informed about the conclusion of administrative agreements with the Länder. (4) The Federal Employment Agency is responsible for carrying out the work in Part 2 and the Federal Employment Agency in the Third Book for Participation. disabled persons and persons with severe disabilities in working life in all the agencies responsible for the work; in the staffing of these posts, it contributes to the particular burden of advising and communicating the tasks to be carried out in the workplace. as well as in the performance of the other tasks referred to in paragraph 1 The Federal Employment Agency (Bundesagentur für Arbeit) is responsible for taking into account the employer's advisory services in accordance with paragraph 1 (2).

1.

to propose to the employer, for the occupation of jobs, those who are unemployed or those seeking to work with severely disabled persons, including the capacity and impact of the disability on the job offered,

2.

indicate their funding opportunities, as far as possible and necessary, including the corresponding aid provided by the rehabilitation providers and the accompanying assistance in working life by the integration offices.

Unofficial table of contents

Section 105 Consultative Committee for Disabled People at the Federal Employment Agency

(1) At the head office of the Federal Employment Agency, a Consultative Committee for Disabled People is set up, which promotes the participation of disabled people in working life through proposals and the Federal Employment Agency in the implementation of the in Part 2 and in the Third Book on the participation of disabled and severely disabled people in working life. (2) The Committee is composed of eleven members, namely:
two members representing the workers and workers,
two members representing the private and public employers,
five members representing the organisations of disabled people,
a member representing the integration offices,
a member representing the Federal Ministry of Labour and Social Affairs. (3) For each member, a deputy or a deputy is to be appointed. (4) The Executive Board of the Federal Employment Agency shall convene the members, the employees and the employees. Employers represent, on the proposal of their group representatives, on the Administrative Board of the Federal Employment Agency. It convenes, on a proposal from the organisations of disabled persons, who, according to the composition of their members, are called upon to represent the disabled persons in their entirety at the federal level, the members, the organisations of the disabled people. On a proposal from the Federal Working Group of the Integration Offices and the main welfare offices, he shall convene the member representing the Integration Offices and, on a proposal from the Federal Ministry of Labour and Social Affairs, the member representing the member. Unofficial table of contents

Section 106 Common provisions

(1) The Advisory Committees for Disabled People (§ § 103, 105) shall elect a Chairperson for each year from the members of the employees, employers or organisations of disabled persons who are members of the Advisory Committees, respectively. a chairperson and a deputy or a deputy. The elected members shall not be members of the same group. The groups shall appoint the Chairperson or the Chairperson and the Vice-President and the Vice-President in a regularly changing order of each year. The order shall not be interrupted by the termination of the term of office of the members. If the Chair or Vice-Chair or the Deputy Chairman is elected, he or she shall be re-elected. (2) The Advisory Committees for Disabled People shall be quorum if at least half of the members is present. Decisions and decisions are taken with a simple majority of votes. (3) The members of the Consultative Committees for Disabled People perform their duties on a voluntary basis. Her term of office is four years. Unofficial table of contents

Section 107 Transfer of tasks

(1) The Land Government or the body designated by it may transfer to other authorities the extension of the period of validity of the ID card in accordance with Section 69 (5), for which a determination pursuant to section 69 (1) is not to be made. In addition, it may use other authorities for the purpose of handing out the ID. (2) The Land Government or the body designated by it may delegate tasks and powers of the Integration Office in accordance with Part 2 to local care centres or Use of local welfare offices to carry out the tasks of the integration offices. (3) (omitted) Unofficial table of contents

Section 108 Regulation empowerment

The Federal Government is empowered to regulate, by means of a regulation with the consent of the Federal Council, the details of the conditions of the claim pursuant to Section 33 (8) (3) and § 102 (4) as well as on the amount, duration and execution of the benefits.

Chapter 7
Integration services

Unofficial table of contents

§ 109 Concept and persons

(1) Integration services are services of third parties involved in the implementation of the measures for the participation of severely disabled persons in the working life. (2) Severely disabled persons within the meaning of paragraph 1 are in particular:

1.

Severely disabled persons with a special need for work-related assistance,

2.

Severely disabled people, who are to participate in the general labour market after targeted preparation by the workshop for people with disabilities in the workplace, while at the same time being involved in complex, personnel-intensive, individual work-related work They are dependent on aid,

3.

Severely disabled school leavers who are dependent on the support of an integration specialist in order to take up employment in the general labour market.

(3) There is a particular need for work-related and work-related care in particular in the case of severely disabled persons with mental or mental disabilities or with a severe physical, sensory or multiple disability, which is in the Working life is particularly disadvantageous and, alone or together with further educational conditions (old age, long-term unemployment, insufficient qualification, reduction in performance), participation in working life on the general (4) The integration specialist service can be used within the framework of the The task referred to in paragraph 1 shall also be used for the occupational integration of disabled persons who are not severely disabled. In this context, account is taken of the special needs of people with a mental disability or of a mental disability. Unofficial table of contents

Section 110 Tasks

(1) Integration services may be involved in the participation of severely disabled people in working life (taking up, exercising and securing as permanent a job as possible), by:

1.

advise, support and provide suitable workplaces for disabled people,

2.

inform, advise and provide assistance to employers.

(2) The tasks of the Integration Service shall include:

1.

to assess and assess the skills of the assigned severely disabled people and, in doing so, to develop an individual skills, performance and interest profile in order to prepare for the general labour market in close cooperation with the developing severely disabled persons, the contracting authority and the issuing institution of education or vocational training or rehabilitation,

1a.

to support the Federal Employment Agency (Bundesagentur für Arbeit) on its demand for vocational guidance and guidance in schools, including the documentation of the results relating to each individual young person,

1b.

accompany the vocational training of severely disabled young people, in particular those with mental and learning disabilities,

2.

to open up suitable jobs (§ 73) in the general labour market,

3.

to prepare the severely disabled people for the jobs provided,

4.

the severely disabled people, as long as they need to be at the workplace or in the training of practical skills in the workplace,

5.

, with the consent of the severely disabled person, to inform and advise the employees in the company or in the office on the nature and impact of the disability and on the appropriate rules of conduct,

6.

carry out follow-up care, crisis intervention or psychosocial care; and

7.

to be available as a point of contact for employers, to inform employers about benefits and to clarify these benefits for employers,

8.

to clarify the services required for the severely disabled person in cooperation with the rehabilitation institutions and the integration offices and to assist in the application process.

Unofficial table of contents

Section 111 Appointment and responsibility

(1) The integration specialist services shall act on behalf of the integration offices or the rehabilitation carriers. These remain responsible for the performance of the service. (2) On behalf of the client, in coordination with the integration specialist service, the client submits the type, scope and duration of the necessary use of the integration specialist service as well as the remuneration. (3) The integration specialist service works in particular with

1.

the competent authorities of the Federal Employment Agency,

2.

the Integration Office,

3.

the competent rehabilitation carrier, in particular the professional helpers of the statutory accident insurance,

4.

the employer, the representatives of the disabled person and the other representative bodies of the company,

5.

the issuing establishment of educational or vocational training or rehabilitation with its accompanying services and internal integration experts or services in support of participants in the participation in the work life,

5a.

the Chambers of Craft, the Chambers of Industry and Commerce and the professional organizations,

6.

if necessary also with other places and persons,

closely together. (4) More information on the assignment, cooperation, professional management, supervision as well as on quality assurance and observation of results is contractually regulated between the client and the institution of the integration specialist service. The agreements are to be concluded for a period of at least three years in the interest of financial planning certainty. (5) The integration offices have the effect of ensuring that the occupational and psychosocial services of the to be focused on integration services. Unofficial table of contents

Section 112 Technical requirements

(1) Integration specialist services must:

1.

to be able to carry out their legal tasks according to the human, spatial and actual equipment,

2.

have experience with the group of people to be supported (§ 109 para. 2),

3.

be equipped with skilled workers who have a suitable professional qualification, a psychosocial or occupational educational additional qualification and sufficient professional experience, and

4.

be legally or organizationally and economically independent.

(2) The staffing needs of an integration specialist are determined according to the specific needs, taking into account the number of care and counselling cases, the average care and consulting effort, the size of the regional The catchment area and the number of employers to be advised. The special needs of special groups of severely disabled persons, in particular severely disabled women, and the need for psychosocial care should be taken into account by differentiating within the integration specialist service. (3) In the staffing of the integration specialist service, severely disabled people are given preferential consideration. An appropriate proportion of posts with severely disabled women will be filled. Unofficial table of contents

Section 113 Financial services

(1) The use of professional integration services shall be remunerated by the contracting authority. The remuneration for the use of integration specialist services can be provided by means of the compensatory levy on assignment by the Integration Office. (2) The Federal Working Group of the Integration Offices and the main welfare offices agreed with the rehabilitation carriers in accordance with § 6 (1) No. 2 to 5 with the participation of the relevant associations, including the Federal Working Community, in which the integration services have joined together, a joint recommendation on the Use of integration services by means of the rehabilitation support, on the cooperation and financing of the costs incurred by the integration specialist in the performance of the tasks of the rehabilitation carriers. Section 13 (7) and (8) shall apply accordingly. Unofficial table of contents

Section 114 Observation of results

(1) The integration specialist service documents the progress and outcome of the respective efforts to promote participation in the working life. It shall draw up an annual summary of the results and shall submit them to the contracting authorities on the basis of their common understanding. This compilation shall contain, in particular, gender-differentiated information.

1.

the access and departure of care cases in the calendar year,

2.

the stock of care cases,

3.

the number of cases closed, differentiated after taking up training, temporary or permanent employment, employment in an integration project or in a workshop for disabled people.

(2) The Integration Service also documents the results of its efforts in support of the Federal Employment Agency and the monitoring of in-company training in accordance with § 110 (2) (1a) and (1b), with the inclusion of gender-based gender-differentiated training. Data and special features as well as the nature of the disability. On 30 September 2006, it will draw up a summary presentation of the results and submit them to the relevant Integration Office. The Federal Working Group of the Integration Offices and main welfare offices prepares the results and makes them available to the Federal Ministry of Labour and Social Affairs for the preparation of the report in accordance with § 160 (2) to 31 December 2006. Unofficial table of contents

Section 115 Regulation authorisations

(1) The Federal Ministry of Labour and Social Affairs is authorized, by means of a regulation with the consent of the Federal Council, to provide further information on the concept and tasks of the integration specialist service, the technical requirements applicable to them and the (2) The Bundesarbeitsgemeinschaft der Integration Offices and Hauptfürsorstellen und die Rehabilitationbearers not within six months after the Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) has requested a joint recommendation pursuant to section 113 (2) or change it The German Federal Ministry of Labour and Social Affairs can enact regulations with the consent of the Federal Council, which is not insufficiently recommended within this time limit.

Chapter 8
Termination of the application of the special arrangements for the participation of severely disabled persons and persons with equal rights of disabled persons

Unofficial table of contents

Section 116 Termination of the application of the special arrangements for the participation of severely disabled persons

(1) The special arrangements for severely disabled persons shall not be applied after the conditions laid down in Article 2 (2) are omitted; if the degree of disability is reduced to less than 50, but only at the end of the third calendar month. (2) The special arrangements applicable to persons with equal treatment for the disabled are no longer applied after the revocation or withdrawal of the equality. The revocation of equality shall be permissible if the conditions pursuant to section 2 (3) have been omitted in conjunction with Section 68 (2). It shall take effect only at the end of the third calendar month after the entry of its indispuability. (3) Until the end of the application of the special arrangements for the severely disabled persons and persons with equal treatment of persons with equal treatment, the Disabled people are charged to the employer for the number of compulsory jobs for severely disabled people. Unofficial table of contents

Section 117 Diseducation of special aid for severely disabled people

(1) A severely disabled person who refuses or refuses a reasonable workplace without a legitimate reason or refuses to participate in a measure to participate in work or otherwise without a legitimate reason to do so The integration office, in consultation with the Federal Employment Agency, can temporarily withdraw the special assistance for severely disabled people in a culpable manner. This also applies to persons with equal treatment. (2) Before the decision on the withdrawal, the severely disabled person is heard. The decision shall determine the time limit for which it applies. The deadline shall expire from the date of the decision and shall not be more than six months. The decision will be announced to the severely disabled person.

Chapter 9
Opposition proceedings

Unofficial table of contents

Section 118 contradiction

(1) The notice of opposition in accordance with Section 73 of the Administrative Court of Appeal shall be issued by the Integration Office in the case of administrative acts of the integration offices and in the case of administrative acts of the local authorities (Section 107 (2)) of the Opposition Committee at the Integration Office (§ 119). The preliminary procedure also requires that an administrative act be issued by an integration office, which consists of a supreme state authority. (2) The notice of opposition in accordance with § 85 of the Social Court Act shall be issued in the case of administrative acts which the Federal Agency for Work on the basis of Part 2 is issued, the Opposition Committee of the Federal Employment Agency. Unofficial table of contents

Section 119 Opposition Committee at the Integration Office

(1) Each Integration Office shall consist of an appeal committee of seven members:
two members who are severely disabled workers or workers,
two members who are employers,
a member representing the Integration Office,
a member representing the Federal Employment Agency,
(2) A deputy or a deputy is appointed for each member. (3) The Integration Office shall be convened by the
on the proposal of the organisations of disabled people in the country concerned, the members who are workers,
on a proposal from the employers ' associations responsible for the country, the members who are employers, and
the confidansesperson.
The competent supreme state authority or the authority designated by it shall convene the member representing the Integration Office. The Federal Employment Agency shall convene the member to represent them.
The same applies to the appointment of the deputy or the deputy of the respective member. (4) In dismissal matters of severely disabled persons employed at a service or in an establishment which is responsible for the Division of the Federal Ministry of Defence belongs to the place of the members who are employers, members of the public service. A member and his deputy or his deputy are appointed to the Integration Office by the federal authorities designated by the federal government. One of the members who are severely disabled workers or workers must belong to the public service. (5) The term of office of the members of the appeals committees is four years. The members of the committees shall carry out their duties free of charge. Unofficial table of contents

Section 120 Opposition committees of the Federal Employment Agency

(1) The Federal Employment Agency shall establish appeals committees consisting of seven members, namely:
two members who are severely disabled workers or workers,
two members who are employers,
a member representing the Integration Office,
a member representing the Federal Employment Agency,
(2) A deputy or a deputy is appointed for each member. (3) The Federal Employment Agency (Bundesagentur für Arbeit) (Federal Employment Agency) shall be appointed
the members who are employees or employees, on a proposal from the competent organisations of disabled persons, who shall act in consultation with the trade unions responsible for the representation of the interests of workers. have essential meaning,
the members who are employers, on a proposal from the employers 'associations concerned, in so far as they are of vital importance for the representation of employers' interests, and
the member representing the Federal Employment Agency, and
the confidansesperson.
The competent supreme state authority or the authority designated by it shall convene the member representing the Integration Office.
The same applies to the appointment of the deputy or the deputy of the respective member. (4) § 119 para. 5 applies accordingly. Unofficial table of contents

Section 121 Procedure requirements

(1) For the Opposition Committee at the Integration Office (§ 119) and the Opposition Committees at the Federal Employment Agency (§ 120), Section 106 (1) and (2) shall apply. (2) In the opposition procedure under Part 2, Chapter 4, the employer shall be the severely disabled person is heard before the decision; in the other cases, it remains at the hearing of the opposition leader. (3) The members of the committees may be rejected for concern about the partiality. The committee to which the Member is a member shall decide whether to reject it.

Chapter 10
Other provisions

Unofficial table of contents

§ 122 Priority of the severely disabled

Obligations relating to the preferred recruitment and employment of certain passenger groups according to other laws do not release the employer from the obligation to employ severely disabled persons in accordance with the special arrangements applicable to: Severely disabled people. Unofficial table of contents

Section 123 Employment remuneration and remuneration

(1) In the assessment of the remuneration and remuneration of an existing employment relationship, pensions and comparable benefits related to disability are not taken into account. The total or partial calculation of these benefits on the remuneration or remuneration is inadmissible. (2) Paragraph 1 shall not apply to periods in which employment is not actually exercised and the provisions relating to payment the pension or comparable benefit provides for an account or a rest if the pay or salary is paid. Unofficial table of contents

Section 124 Multi-work

Severely disabled people will be exempted from the need for additional work. Unofficial table of contents

§ 125 Additional breaks

(1) Disabled persons shall be entitled to a paid additional holiday of five working days in the holiday year; the regular working time of the severely disabled person shall be distributed to more or less than five working days in the Calendar week, increases or decreases the additional leave accordingly. In so far as tariff, operational or other holiday arrangements for severely disabled persons provide for a longer additional holiday, they remain unaffected. (2) If the disability property does not exist throughout the entire calendar year, the the severely disabled person shall be entitled to one twelfth of the additional leave referred to in the first sentence of paragraph 1 for each full month of the disability property present in the employment relationship. Fractions of vacation days, which result at least half a day, are to be rounded up to full vacation days. The additional leave thus determined is to be added to the holiday holiday and cannot be reduced again in the case of an employment relationship which does not exist in the entire calendar year. (3) If the property is a severely disabled person according to § 69 (1) (a). 1 and 2, the transferability of the supplementary to the next calendar year shall also apply to the legal provisions on which the employment relationship is based. Unofficial table of contents

Section 126 Night ice compensation

(1) The rules on aid for disabled persons to compensate for disadvantages caused by handicaps or additional expenses (compensation for disadvantages) shall be designed in such a way as to ensure that they are independent of the cause of disability of the nature or severity of the (2) Disclaimer, which is due to existing legislation, shall remain unaffected. Unofficial table of contents

Section 127 Employment of severely disabled persons in homework

(1) Disabled persons who are employed or treated in the same way as homework (Section 1 (1) and (2) of the Home Labour Act) and who work in the main case for the same contracting authority shall be responsible for the employment of severely disabled persons. Persons employed by this contracting authority. (2) The period of notice laid down in Article 29 (2) of the German Home Labour Act (Heimarbeitsgesetz) shall be increased from two weeks to four weeks for persons who have been employed in the home work and those who are treated as such. the The provisions of Section 29 (7) of the Heimarbeitsgesetz (Heimarbeitsgesetz) are to be applied accordingly The special protection against dismissal of severely disabled persons within the meaning of Chapter 4 shall also apply to persons referred to in the first sentence. (3) The payment of the additional holiday of the severely disabled persons employed or equivalent to those employed in the home work People are made according to the calculation principles applicable to the payment of their other leave. If a special arrangement does not exist, the severely disabled persons will receive as additional holiday allowance 2 per cent of the pay earned in the period from 1 May of the previous year to 30 April of the current year exclusively the Non-cost surcharges. (4) Disabled persons who are employed as foreign auxiliary staff of a home advertiser or an equator (§ 2 para. 6 of the Heimarbeitsgesetz) may, at the request of an adjudicating entity, also on its Compulsory work places for severely disabled persons are to be counted if the Employers are mainly working for this client. If a severely disabled person within the meaning of the first sentence of which the Federal Employment Agency has approved the calculation is terminated by his employer, the contracting authority shall cease the allocation of work or the regular quantity of work , the contracting entity shall reimburse the employer for the payment of the regular employment service to the severely disabled person until his/her employment relationship has been terminated. (5) Auxiliary staff of a home advertiser or an equalperson (§ 2 (6), the contracting authority shall reimburse the expenses incurred by the employer in accordance with paragraph 3. (6) The employer shall reimburse the employer in accordance with § 80 of the Act of the Homilot of Work for the Protection of Homes. (6) (1) and (5) shall also apply to persons who issue home work. Unofficial table of contents

Section 128 severely disabled civil servants, judges and judges, soldiers and women soldiers

(1) The specific rules and principles governing the occupation of officials shall be without prejudice to the application of Part 2, including severely disabled officials and civil servants in such a way as to ensure that the recruitment and employment of severely disabled persons (2) (3) The provisions of paragraph 1 shall apply to judges and judges. (4) For the purposes of the personal legal status of severely disabled soldiers and soldiers are subject to § 2 (1) and (2), § § 69, 93 to 99, 116 para. 1 as well as § § 123, 125, 126 and 145 to 147. In addition, soldiers and soldiers are subject to the rules on the personal status of the severely disabled persons, in so far as they are compatible with the specific characteristics of the service. Unofficial table of contents

Section 129 Independent activity

To the extent that an authorisation is required for the exercise of an independent activity, severely disabled persons applying for an authorisation should be granted authorisation in the case of professional competence and compliance with the other legal requirements. shall be granted. Unofficial table of contents

Section 130 Confidentiality

(1) The employees of the Integration Offices, the Federal Employment Agency, the rehabilitation bearers, including their employees, in joint service centres, as well as the professional integration services responsible for these posts and the members of the Committees and the Advisory Council on the Participation of Persons with Disabilities (§ 64) and their alternates or alternates, as well as experts involved in the performance of their duties, shall be required to:

1.

personal circumstances and matters of employment which have become known to them on account of their duties or duties, in respect of jobs for severely disabled persons, their importance or their content after a confidential treatment not to remain silent, and

2.

shall not be disclosed and shall not be used for the purpose of revealing any operating or business secrets which have become known to them and are expressly referred to by the employer as being in need of secrecy on account of their office or order.

(2) These duties shall also apply after leaving the Office or after the end of the order. They do not apply to the Federal Employment Agency, the Integration Offices and the rehabilitation institutions, to the extent that their tasks in relation to severely disabled persons require it, to the representatives of the severely disabled persons and to the representatives of the disabled persons as well as to the persons in § 79 Section 1 of the German Works Constitution Act and the representations, persons and bodies referred to in the relevant provisions of the Human Resources Representation Act. Unofficial table of contents

§ 131 Statistics

(1) Federal statistics shall be carried out every two years on the basis of severely disabled persons. It includes the following facts:

1.

the number of severely disabled people with a valid identity card,

2.

personal characteristics of severely disabled persons such as age, sex, nationality, place of residence,

3.

Type, cause and degree of disability.

(2) The survey shall be compulsory for the survey. The authorities responsible pursuant to § 69 (1) and (5) shall be responsible for providing information.

Chapter 11
Integration Projects

Unofficial table of contents

Section 132 Concept and persons

(1) Integration projects are legally and economically independent companies (integration companies) or corporate or public employers within the meaning of section 71 (3) enterprises (integration enterprises) or departments (Integration departments) on the employment of severely disabled people in the general labour market, their participation in other employment on the general labour market due to the nature or severity of the disability or because of other forms of employment Circumstances likely to take place despite the exhaustion of all (2) The severely disabled persons referred to in paragraph 1 above are in particular:

1.

Severely disabled persons with mental or mental disabilities or with severe physical, sensory or multiple disabilities, which have a particularly negative effect in the working life and alone or together with other anti-broking-inhibiting agents circumstances hinting or preventing participation in the general labour market outside of an integration project,

2.

Severely disabled persons eligible for targeted preparation in a workshop for disabled persons or in a psychiatric institution for the transition to an establishment or a service in the general labour market and that they should be prepared for this transition,

3.

Severely disabled persons after completion of a school education which only have the prospect of employment on the general labour market if they have previously been involved in an integration project for vocational preparatory training activities and be employed there and be further qualified.

(3) Integration enterprises employ at least 25 per cent severely disabled persons within the meaning of paragraph 1. As a rule, the proportion of severely disabled people should not exceed 50 per cent. Unofficial table of contents

Section 133 Tasks

The integration projects offer the severely disabled people employment and accompanying assistance, as far as necessary also measures of continuing vocational training or opportunity to take part in corresponding extra-occupational Measures and assistance in the placement of other employment in an establishment or a service on the general labour market, as well as appropriate measures to prepare for employment in an integration project. Unofficial table of contents

Section 134 Financial services

Integration projects can be provided by means of the countervailing charge for development, expansion, modernisation and equipment, including business management advice and for particular effort. Unofficial table of contents

Section 135 Regulation authorisations

The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to obtain, by means of a regulation with the consent of the Federal Council, the detailed information on the concept and tasks of the integration projects, the technical requirements applicable to them, the the conditions for admission and the financial benefits.

Chapter 12
Workshops for disabled people

Unofficial table of contents

§ 136 Concept and tasks of the workshop for disabled people

(1) The workshop for disabled persons is an institution for the participation of disabled persons in working life within the meaning of Chapter 5 of Part 1 and for integration into working life. It has disabled people who, because of the nature or severity of the disability, cannot yet again be employed in the general labour market,

1.

to offer adequate vocational training and employment at a work rate appropriate to their performance from the work product; and

2.

to enable them to maintain, develop, increase or regain their capacity to work or to work, while developing their personality.

It shall promote the transition of appropriate persons to the general labour market through appropriate measures. It has the widest possible range of vocational training and employment opportunities, as well as qualified staff and an accompanying service. Outsourced places on the general labour market are part of the range of vocational training and employment opportunities. The outsourced jobs shall be offered for the purpose of transition and for permanently outsourced places. (2) The workshop shall be open to all disabled persons within the meaning of paragraph 1, irrespective of the nature or severity of the disability, provided that: can be expected to provide at least a minimum of economically viable working performance at the latest after participation in vocational training measures. This is not the case with people with disabilities who, in spite of a disability, are likely to have a significant self-or foreign risk or the extent of the necessary care and care to take part in measures (3) Persons with disabilities who do not have the right to work in a workshop. shall be cared for and supported in institutions or groups which shall: The workshop is affiliated with the workshop. Unofficial table of contents

Section 137 Reception in the workshops for disabled people

(1) Recognised workshops shall take up those disabled persons from their catchment area who fulfil the admission requirements in accordance with § 136 (2) if benefits are guaranteed by the rehabilitation carriers; the possibility of admission in another recognised workshop in accordance with the provisions of § 9 of the Twelfth Book or corresponding regulations shall remain unaffected. The recording is carried out independently of

1.

the cause of disability,

2.

the nature of the disability if there is no special workshop for disabled persons in the catchment area for this type of disability, and

3.

the severity of the disability, the reduction of performance and a particular need for support, support or care.

(2) Disabled persons shall be employed in the workshop as long as the conditions for admission are fulfilled in accordance with paragraph 1. Unofficial table of contents

Section 138 Legal status and pay for disabled persons

(1) Disabled people in the work area of recognised workshops, if they are not employees, are in a worker-like legal relationship to the repairers, provided that the underlying benefit ratio is not (2) The workshops pay from their work result to the disabled persons employed in the work area a pay which is based on a basic amount of the training allowance provided by the Federal Employment Agency in accordance with the The rules applicable to disabled persons in the vocational training sector , and is composed of a reasonable amount of increase. The amount of the increase is based on the individual work performance of the disabled people, in particular taking into account the amount of work and the quality of work. (3) The content of the employee-like legal relationship shall be: To take account of the social benefit ratio existing between disabled persons and the rehabilitation carrier by means of workshop contracts between the disabled persons and the institution of the workshop. (4) With regard to the Legal status of participants in the measures in the entry procedure and in the (5) In accordance with paragraph 1, a full-time disabled person has been admitted to the work area of a recognised workshop for disabled persons within the meaning of § 136 and was at that time The contract concluded by him shall be deemed to have been effective. (6) The full-time disabled person shall be deemed to be effective. (6) The full-year disabled person If a person is incapaciated at the conclusion of a workshop contract, the institution shall be able to: (7) The declaration of solution by the institution of a workshop shall require the aid of the workshop to be terminated by the institution of a workshop. (7) written form and is to be justified. Unofficial table of contents

Section 139 Participation

(1) The disabled persons referred to in § 138 (1) shall act independently of their business capacity by means of works councings in the affairs of the workshop which are in contact with their interests. The workshop councages shall take into account the interests of disabled persons working in the initial and vocational training sectors in an appropriate and appropriate manner as long as they do not represent them in accordance with § 36. (2) Workshop council is elected in workshops; it consists of at least three members. (3) All disabled persons referred to in § 138 (1) are eligible to vote in the workshop council; of them, the disabled are eligible to vote on election day. have been employed in the workshop for at least six months. (4) The workshops Persons with disabilities shall inform persons who are legally represented or charged with their supervision once in a calendar year in a parent and carer meeting in an appropriate manner on the matters of the Workshop on which the participation extends and listen to it. In the workshops, a parent and caretaker council can be set up in agreement with the institution of the workshop, who advises the workshop and the workshop counselor in their work and supports them through suggestions and opinions. Unofficial table of contents

Section 140 Invoice of orders to the countervailing charge

(1) Employers who contribute to the employment of disabled persons through contracts awarded to recognised workshops for disabled persons may be entitled to 50 of the hundred of the invoice amount of such contracts to be paid to the work of the workshop. (total invoice amount minus material costs) to the countervailing charge. In doing so, the work performance of the specialist staff is taken into account for the promotion of work and occupation, but not the work performance of other non-disabled workers. In the case of the resale of products of other recognised workshops for disabled persons, the work carried out by them shall be taken into account. The workshops confirm the existence of the accounting requirements in the invoice. (2) The prerequisite for the calculation is that:

1.

the contracts shall be executed by the workshop for disabled persons within the year in which the obligation to pay the countervailing charge is made and shall be paid by the contracting entity by 31 March of the following year at the latest; and

2.

they are not contracts awarded to a total body of workshops for disabled persons who are legally independent parts of this institution.

(3) In the award of contracts awarded to associations of recognised workshops for disabled persons, paragraph 2 shall apply mutatily. Unofficial table of contents

Section 141 Award of contracts by the public authorities

Public contracts which can be carried out by recognised workshops for disabled people are preferably offered to these workshops. The Federal Government, with the consent of the Bundesrat, shall adopt general administrative provisions on this subject. Unofficial table of contents

Section 142 Recognition procedure

Workshops for disabled persons who wish to benefit from a concession within the meaning of this chapter shall be subject to recognition. At the request of the Federal Employment Agency, the decision on recognition shall be taken in agreement with the local social assistance institution. The Federal Employment Agency (Bundesagentur für Arbeit) is a directory of the recognised workshops for disabled people. This list will also include associations of recognised workshops for disabled people. Unofficial table of contents

§ 143 Blind workshops

§ § 140 and 141 are also to be applied in favour of blind workshops recognized under the Blindenwarenvermotive Act. Unofficial table of contents

Section 144 Regulation

(1) The Federal Government shall, by means of a regulation with the consent of the Federal Council, determine, with the consent of the Federal Council, the details of the concept and tasks of the workshop for disabled persons, the conditions for admission, the technical requirements, in particular (2) The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) is governed by the law of the Federal Republic of Germany. , with the consent of the Federal Council, the establishment, composition and Tasks of the Workshop Council, the questions to which the participation extends, including the nature and extent of participation, the preparation and implementation of the election, including the right to vote and eligibility, the term of office and the Management of the Workshop Council, including the adoption of a Rules of Procedure and the personal rights and duties of the Members of the Workshop Council and the Costing of Costing. In addition, the Regulation may determine that the provisions adopted in it do not apply to religious communities and their bodies to the extent that they have adopted their own equivalent arrangements.

Chapter 13
Free movement of disabled persons in public passenger transport

Unofficial table of contents

§ 145 Free promotion, entitlement to reimbursement of the fare failures

(1) severely disabled persons who, as a result of their disability, are significantly impaired or helpless or deaf in their mobility in the road transport sector, shall be subject to preliminary show by entrepreneurs engaged in the operation of public passenger transport services. , according to section 69, para. 5, of a correspondingly marked identity card free of charge in the local transport system within the meaning of § 147 (1); the free movement is obligated to pay a surcharge for the use of surcharges for the use of surcharge Trains of local transport. The condition is that the ID card is provided with a valid value mark. It will be spent on payment of an amount of 72 euros for one year or 36 euros for half a year. The amount shall be increased for the first time in the appropriate application of Section 77 (3) at the time when the next redetermination of the amounts of the countervailing charge is made. If this point in time is within the period of validity of an already issued value mark, the higher amount shall only be paid in connection with the issuance of the following value mark. By way of derogation from the fourth sentence of Article 77 (3), the resulting amounts shall be rounded off to the nearest full euro amount. The Federal Ministry of Labour and Social Affairs announcing the amount of the increase and the amounts resulting from the corresponding application of Section 77 (3) sentence 3 in the Federal Gazette (Bundesanzeiger). If the token issued for one year is returned before the expiry of half a year of its validity, half of the fee will be refunded on application. The same applies in the event that the severely disabled person dies before the end of half a year of the period of validity of the value mark issued for one year. On request, a value mark valid for one year, without the amount being paid in accordance with sentence 3, shall be issued to severely disabled persons,

1.

who are blind within the meaning of § 72 (5) of the Twelfth Book or corresponding regulations or helpless within the meaning of § 33b of the Income Tax Act or corresponding regulations, or

2.

the benefits to be provided for the maintenance of the subsistent life according to the Second Book or for the subsisting of services under the third and fourth chapters of the Twelfth Book, the Eighth Book or the § § 27a and 27d of the Federal Law of Supply or

3.

on the 1. 1 to 4 and 3 (3) of the Law on the Free Carriage of War and Military Service Damaged Persons as well as Other Disabled Persons on the Public Transport of 27 August 1965 (BGBl. 978), as last amended by Article 41 of the Law on Adaptation To Jurisdiction of 18 March 1975 (BGBl I). 705), as long as a degree of damage to the damage of at least 70 has been established or at least 50 has been detected and is significantly impeded as a result of the injury; the same shall apply to severely disabled persons People who have these conditions on the 1. They did not fulfil their residence or habitual residence at that date in the territory referred to in Article 3 of the Agreement on the integration of the territory.

The value mark shall not be issued as long as the card bears a valid indication of the use of motor vehicle tax reduction. The stamps shall be issued on request by the competent authorities in accordance with Section 69 (5). The State Government or the body designated by it may delegate the tasks referred to in the third sentence of paragraph 1 to the whole or part of the tasks to other authorities. § 51 (1) (7) of the Social Court Act applies accordingly to disputes relating to the issue of the value mark. (2) The same shall apply in the local and long-distance transport within the meaning of section 147 without the condition of the second sentence of paragraph 1 being fulfilled , for transport

1.

an accompanying person of a severely disabled person within the meaning of paragraph 1, if the entitlement to take part of an accompanying person has been proved and this is registered in the ID of the severely disabled person; and

2.

of the hand luggage, of an ambulance which is carried, in so far as the nature of the means of transport permits, other orthopaedic aids and a guide dog; the same shall apply to a dog which has a severely disabled person in whose identity card has been shown to be authorized to take part in an accompanying person.

(3) The expenses incurred by the free movement pursuant to paragraphs 1 and 2 shall be reimbursed in accordance with § § 148 to 150. Refunds are within the scope of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 June 2007. October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (OJ L 107, 30.4.7/70, p. OJ L 315, 3.12.2007, p. 1). Unofficial table of contents

§ 146 Personal requirements

(1) In its capacity for movement in road transport, it is significantly affected who, as a result of a limitation of the ability to hold (including through internal suffering or as a result of seizues or disruptions of orientation), is not without significant Difficulties, or not without danger, for themselves or other routes in the local traffic, which are usually still covered by foot. The evidence of the significant impairment in the mobility of persons in road transport can only be detected in the case of severely disabled persons with a degree of hindrance of at least 80 only with a card with a semi-sided orange-coloured surface pressure and (2) Persons with severely disabled persons are entitled to participate in the registration of an accompanying person. (2) The persons with disabilities shall have the right to participate in the registration of a person who is not in possession of a personal data. in connection with the use of public transport as a result of their are regularly dependent on help. The finding does not mean that the severely disabled person, if not accompanied by an accompanying person, poses a danger to himself or to others. Unofficial table of contents

Section 147 Long-distance and long-distance transport

(1) Public transport within the meaning of this Act is the public passenger transport

1.

Trams and trolleybuses within the meaning of the Passenger Transport Act,

2.

Motor vehicles according to § § 42 and 43 of the Passenger Transport Act on lines in which the majority of the transport operations do not exceed a distance of 50 kilometres, unless in the case of the forms of transport according to § 43 of the German Act on the Promotion of Persons the law on passenger transport has completely or partially waived compliance with the rules on transport charges in accordance with Article 45 (3) of the Passenger Transport Act,

3.

S-Railways in the 2nd carriage class,

4.

railway lines in the second carriage class on trains and on lines and route sections, which are integrated into a network of lines forming part of the transport network referred to in points 1, 2 or 7 and linked to one or more of the undertakings referred to in point 1, 2 or 7; -related transport charges;

5.

Federal railways in the 2nd carriage class in trains, which are mainly intended to satisfy transport demand in local transport (trains of local transport),

6.

other railways of public transport within the meaning of Article 2 (1) and Article 3 (1) of the General Railway Act in the second carriage class on routes in which the majority of the transport operations do not exceed a distance of 50 kilometres,

7.

Watercraft in line, ferry and translation transport, when it is used for the transport of persons in the vicinity of the location and the neighbourhood, and where the starting point and end point are within this range; the area between the neighbouring countries is the space between neighbouring municipalities which, without having to be directly adjacent to each other, are connected economically and in terms of transport by means of a continuous traffic carried out more than once a day.

(2) Long-distance transport within the meaning of this Act is the public passenger transport system.

1.

Motor vehicles according to § 42 of the Passenger Transport Act,

2.

railway lines, other than special train services,

3.

Watercraft in ferry and translation transport, provided that no ports are to be used outside the scope of this Code, provided that the traffic is not local transport within the meaning of paragraph 1.

(3) In the case of public passenger transport pursuant to paragraph 1 (2), (5), (6) and (7) of the Roadmap, operators engaged in the public transport sector shall pay particular attention to the extent to which a duty to transport free of charge pursuant to Article 145 (1) does not apply. . Unofficial table of contents

Section 148 Repayment of short-term travel expenses

(1) The cash losses on local transport shall be reimbursed in accordance with a percentage of the proceeds of the fare on local transport, which is proven by the entrepreneurs or the local transport organisations within the meaning of Article 150 (2). (2) fare revenue in the sense of this Chapter are all proceeds from ticket sales to the approved transport charge; they also include income from the carriage of hand luggage, ambulances, other orthopaedic aids, animals, and increased Transport charges. (3) shall be provided in one of a number of entrepreneurs In the case of a continuous network of lines with uniform or connected transport charges, the proceeds of the ticket sale shall be combined and allocated to the individual operator in accordance with an agreed distribution key, the (4) The percentage referred to in paragraph 1 shall be made known for each country by the Land Government or by the authority designated by it for one year each. The calculation of the percentage shall be based on the following figures:

1.

the number of tokens issued in the country in the calendar year concerned and half of the valid ID cards in circulation in the country at the end of the year as defined in Section 145 (1) sentence 1 of severely disabled persons, the sixth sentence of which is the sixth sentence of the Have completed life-year and have the right to take part of an accompanying person in the ID card; tokens with a term of validity of half a year shall be half, returned value marks for each full calendar month before returning to a twelfth,

2.

the number of resident population in the country, shown in the annual publications of the Federal Statistical Office at the end of the previous year, less the number of children who have not completed the sixth year, and the number of children who have not yet completed the sixth year. Number 1.

The percentage shall be calculated according to the following formula:

Number calculated in accordance with point 1 
----------------------------- x 100. 
Number calculated in accordance with point 2   

Percentage of fractions of 0.005 and more resulting from the fixing of the percentage shall be rounded up to a maximum of hundredths, otherwise rounded. (5) A company shall, by means of a transport census, determine that the ratio between the fractions referred to in this Chapter shall be: the percentage fixed in accordance with paragraph 4 exceeds by at least one third of the percentage fixed by the calculation referred to in paragraph 4, the amount of the refund resulting from the calculation referred to in paragraph 4 shall be paid at the request of the refunded share of over-the-third. The Länder may, by means of a legal regulation, determine that the traffic count must be carried out by third parties at the expense of the company. (6) Paragraph 5 shall not apply in cases of § 150 (1a). Unofficial table of contents

Section 149 Reimbursement of fares in long-distance transport

(1) Long-distance fare losses shall be reimbursed by long-distance transport according to a percentage of the cash receipts provided by the entrepreneurs. (2) The relevant percentage shall be determined by the Federal Ministry of Labour and Social Affairs in agreement with the the Federal Ministry of Finance and the Federal Ministry of Transport, Building and Urban Development for two years each. The calculation of the percentage shall be based on the following figures available for the last year before the start of the two-year period:

1.

the number of valid identity documents in circulation at the end of the year in the scope of this Act, in accordance with the first sentence of Article 145 (1), on which the authorization to take part of an accompanying person is registered, minus 25 per cent;

2.

the number of people resident in the annual publications of the Federal Statistical Office at the end of the year, less the number of children who have not completed the fourth year of life, and the number of children who have not yet completed the fourth year of life. number determined in accordance with point 1.

The percentage shall be calculated according to the following formula:

Number calculated in accordance with point 1 
----------------------------- x 100. 
Number calculated in accordance with point 2   

Section 148 (4), last sentence shall apply accordingly. Unofficial table of contents

§ 150 Refund procedure

(1) The fare failure shall be reimbursed at the request of the entrepre. In the case of a continuous network of undertakings formed by a number of entrepreneurs with uniform or connected transport charges, applications may also be made by a Community body of these entrepreneurs for their members. The application shall be made until 31 December for the preceding calendar year, namely for local transport pursuant to the first sentence of Article 151 (1) (1) and for long-distance traffic to the Federal Administrative Office, for the rest of the local transport sector in the case of the other local transport services referred to in paragraph 3. Authorities. (1a) In a federal state, a number of local or regional public transport authorities have joined together to form transport networks and are responsible for the tasks of this task carrier. public transport undertakings operating in respect of their services; (gross principle), in place of the transport undertakings entitled to the application and the refund, the local transport organisations may also apply for reimbursement of the refund of the (2) The operators or the local transport organisations referred to in paragraph 1a shall receive, on request, advance payments for the current calendar year at the level of: a total of 80 per cent of the last amount of the refund fixed for one year. The advance payments will be paid in half on 15 July and 15 November. The application for advance payments shall also be deemed to be a request within the meaning of paragraph 1. The advance payments shall be repaid if documents required for the calculation of the refund are not submitted by 31 December of the calendar year following the advance payment. (3) The Land Government or the (a) the authorities responsible for deciding on the applications for reimbursement and advance payment and paying out amounts to be paid to the Federal Government and to the country. Section 11 (2) to (4) of the Passenger Transport Act applies accordingly. (4) The local transport system extends to the territory of several countries, and the national authorities of these countries decide which part of the fare revenue is to be used. (5) Companies within the meaning of Article 151 (1), first sentence, point 1 of their applications to the Federal Office of Administration shall be based on the proportion of the proven cash receipts in local transport, which shall be based on the area of the For the local transport of railways of the Federal Government within the meaning of § 147 The first sentence of the first sentence of paragraph 1 is determined according to the proportion of train kilometres provided by a railway of the Confederation with trains of local transport in the respective country. (6) With regard to the refunds in accordance with § 148 for local transport pursuant to § 151 The first sentence of the first sentence of paragraph 1 and the corresponding advance payments as referred to in paragraph 2 of this article shall be carried out in the administration of the Federal Republic of Germany. The Federal Administrative Office is responsible for the administrative tasks of the Federal Administrative Office in accordance with technical instructions of the Federal Ministry of Labour and Social Affairs. (7) The administrative procedure law and the administrative procedure are applicable to the refund procedure. the laws of the countries. In the event of disputes over refunds and advance payments, the administrative right shall be given. Unofficial table of contents

Section 151 Costing

The Federal Government shall bear the expenses for the free transport

1.

on local transport, in so far as companies which are mainly in the hands of the Federal Government or a majority of the companies belonging to the Federal Government (including in transport networks) are entitled to reimbursement of the costs of such companies, and

2.

in the case of long-distance traffic for the accompanying person and the objects carried along within the meaning of section 145 (2).

The countries bear the costs of transport free of charge in the rest of the local transport sector. Unofficial table of contents

Section 152 Revenue from valuables

The federal government receives a share of 27 percent of the annual revenue generated by the output of the value mark. Taking into account the revenue received during the period from 1 January to 30 June of a calendar year and taking into account the revenue received from 1 July to 31 December of a calendar year, the revenue received on 15 January shall be taken into account. of the following calendar year to the Federal Government. Unofficial table of contents

Section 153 Collection of badouts

Collect the competent authorities responsible for issuing the ID (s) in accordance with § 69 (5)

1.

the valid badges in circulation at the end of the year, broken down by type and special entries;

2.

the value marks issued in the calendar year, broken down according to the period of validity and the revenue obtained therefrom,

as a basis for the number of badges and tokens to be determined in accordance with section 148 (4) (1) and (2) (1) of the second paragraph of Article 149 (2). The competent supreme state authorities shall inform the Federal Ministry of Labour and Social Affairs of the result of the collection in accordance with the first sentence by 31 March of the year at the latest, in which the percentages are to be determined. Unofficial table of contents

Section 154 Regulation

(1) The Federal Government is authorized to enact in the Regulation on the basis of § 70 more detailed provisions on the design of the value marks, their connection with the badge and endorsements over their term of validity. (2) The Federal Ministry for Economic Affairs Labour and Social Affairs and the Federal Ministry of Transport, Building and Urban Development are authorized to determine, by means of a decree law, which train categories of railways of the Federal Government are to the trains of local transport within the meaning of section 147 (1) (5) and (3) the surcharge trains of local transport within the meaning of section 145 (1) second sentence of the second sentence Half-set count.

Chapter 14
Criminal, penal and final provisions

Unofficial table of contents

Section 155 Criminal law

(1) Any unauthorised disclosure of a foreign secret, including a secret belonging to the personal sphere of life, or a secrecy or business secrecy, which has been entrusted to him as a person of a person of severe disability or otherwise known to him or her (2) If the offender is against payment or if he intends to enrich himself or another person or to harm another person, the sentence shall be punishable by imprisonment until the end of the period of imprisonment of the person concerned. two years or a fine. Likewise, it shall be punished who is unauthorised to use a foreign secret, in particular an operating or trade secret, for the secrecy of which he is bound by paragraph 1. (3) The deed shall only be prosecuted upon request. Unofficial table of contents

Section 156 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to § 71 (1) sentence 1, also in connection with a decree law pursuant to § 79 No. 1, or § 71 para. 1 sentence 3, severely disabled persons are not employed,

2.

Contrary to Article 80 (1), a list does not lead, not correct, in full or in the prescribed manner, or not, or does not submit in due time,

3.

, contrary to § 80 (2) sentence 1 or 4, an advertisement is not reimbursed, not correct, not complete, not in the prescribed manner or not in time,

4.

Contrary to Section 80 (5), information is not provided, not correct, not complete or not in good time,

5.

Contrary to § 80 (7), an insight into the holding or the service is not available or does not exist in time,

6.

, contrary to § 80 (8), a person referred to there shall not be appointed or shall not be appointed

7.

, contrary to § 81 (1) sentence 4 or 9, a representative designated there or a participant is not, not correct, not fully or not informed in good time,

8.

Contrary to Section 81 (1) sentence 7, a decision is not discussed, or

9.

Contrary to Section 95 (2) sentence 1, the representative of the severely disabled person is not, not correct, not fully or not informed in good time or not, or does not hear in good time.

(2) The administrative offence can be punished with a fine of up to EUR 10,000. (3) The Federal Employment Agency is the administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences. (4) § 66 of the Tenth Book is applicable (5) The fine is to be deducted from the Integration Office. § 77 (5) shall apply to their use. Unofficial table of contents

Section 157 Urban-state clause

(1) The Senate of the Free and Hanseatic City of Hamburg is authorized to regulate the Representation of the Disabled for matters relating to several or all departments in such a way as to ensure that the representatives of the severely disabled persons of all departments are responsible for the Choose the overall disability representation. Article 94 (2), (3), (6) and (7) shall apply accordingly. (2) § 97 (6) sentence 1 shall apply accordingly. Unofficial table of contents

Section 158 Special arrangements for the Federal Intelligence Service

For the Federal Intelligence Service, this Act shall apply with the following exceptions:

1.

Subject to point 3, the Federal Intelligence Service shall be deemed to be a single service.

2.

The Federal Intelligence Service (Bundesnachrichtendienst) shall not be subject to the obligations to submit the list to be held pursuant to section 80 (1), to the notification pursuant to section 80 (2) and to the granting of insight pursuant to section 80 (7). The obligation to notify in accordance with § 90 (3) applies only to the termination of test work conditions.

3.

Parts and entities of the Federal Intelligence Service, which do not belong to its head office, shall also be deemed to be the service within the meaning of Chapter 5. § 94 (1) sentences 4 and 5 as well as § 97 shall not apply. In the cases of Section 97 (6), the Central Office of the Federal Intelligence Service (Bundesnachrichtendienst) is responsible for the severely disabled. In the case of Section 94 (6) sentence 4, the Head or Head of the Service shall invite the Service. The representatives of the severely disabled are not to be involved in cases in which the participation of the Staff Committee is excluded according to the Federal Personnel Representation Act. The head or head of the Federal Intelligence Service may order that the representative of the severely disabled person is not to be involved, that documents must not be submitted or that information may not be provided, if and to the extent that this has been done in particular. for intelligence reasons. The rights and obligations of the representatives of the severely disabled are to rest when the rights and duties of the Staff Committee rest. § 96 (7) sentence 3 shall be applied in accordance with the security provisions of the Federal Intelligence Service. Section 99 (2) applies only to the persons and representations of the head office of the Federal Intelligence Service referred to in Section 99 (1).

4.

In the Opposition Committee at the Integration Office (§ 119) and the Opposition Committees at the Federal Employment Agency (§ 120), the Office of the Federal Intelligence Service (Bundesnachrichtendienst) is responsible for the affairs of severely disabled persons employed by the Federal Intelligence Service (Bundesnachrichtendienst). Members who are employees or employees (Section 119 (1) and § 120 (1)), members of the Federal Intelligence Service, are responsible for the severely disabled representation of the Central Office of the German Federal Intelligence Service (HQ). Federal Intelligence Service. They are named the Integration Office and the Federal Employment Agency by the Head or Head of the Federal Intelligence Service. In accordance with the provisions in force, the members of the committees shall be empowered to obtain knowledge of classified information of the degree of secrecy in question.

5.

In the first and last legal proceedings, the supreme court of the competent judicial branch shall decide on any legal disputes arising from this book in the Business Unit of the Federal Intelligence Service.

Unofficial table of contents

Section 159 Transitional arrangements

(1) By way of derogation from Section 71 (1), the compulsory quota for the public employers of the federal government referred to in § 71 (3) (1) and (4) shall continue to be 6 per cent if it is on the 31. (2) On benefits under Section 33 (2) of the Law on the Disabled Persons in connection with the First Section of the Severely Disabled-Compensatory Discharge Regulation (severely disabled persons) in each case in the version valid until 30 September 2000, the legislation in force at this point in time shall be applied further if the decision on the benefits requested is before the 1. (3) A binding declaration on the existence of a disability, a degree of disability and the existence of other health characteristics, taken as a result of the law on the disabled, is considered to be binding on the law of the severely disabled. Findings according to this book. (4) The general guidelines adopted pursuant to Section 56 (2) of the Law on the Rights of the Disabled are to be applied further until the adoption of general administrative provisions pursuant to § 141. (5) § 17 (2) sentence 1 is from 1 January 2008 to be applied with the proviso that on request benefits by a personal budget (6) In the case of refunds pursuant to Part 2, Chapter 13, § 148 shall apply for the loss of the fare incurred until 31 December 2004 in the version in force until that date. (7) Unless a regulation has been adopted pursuant to Section 70 (2) , the standards laid down in Section 30 (1) of the Federal Supply Act and the legal regulations issued pursuant to Section 30 (16) of the Federal Supply Act shall apply accordingly. Unofficial table of contents

Section 160 Review

(1) The Federal Government shall report on the situation of disabled and severely disabled women and men on the training place market by 30 June 2005 to the legislative bodies of the Federal Government and shall propose the measures to be taken thereafter. (2) It reports to the legislative bodies of the federal government up to 30 June 2007 on the effects of the instruments for securing employment and in-company prevention. The amount of the employment obligation quota will also be reviewed.