Elderly assistance (social benefit)
The elderly according to § 71 SGB XII is in Germany a performance of social assistance . Its aim is to compensate for age-related difficulties and to enable elderly people in need to participate in the community.
Norm history
§ 71 SGB XII has existed since 2005. A similarly formulated predecessor provision was found in § 75 BGHG, which was valid until 2004.
meaning
Elderly assistance is about assistance that is not dealt with in this form in any other benefit system. The legal purpose of old age benefits is to deal with age-related difficulties. This means loneliness, isolation and physical or mental weaknesses.
The elderly care is to be understood partly as a counterpart to the integration assistance for disabled people . As people get older, older people can have difficulties coping with everyday life, just like disabled people. However, they are not considered disabled in the sense of the law, since according to the definition of the term "disability" in Section 2 of Book IX of the Social Code, the deviation from the condition typical of age is assessed, and certain restrictions are to be classified as normal in advanced age .
requirements
As a prerequisite for eligibility for care for the elderly, it is therefore not enough to simply be old, there must also be age-related difficulties. This requirement must always be determined on a case-by-case basis.
Service content
The benefits of elderly assistance are essentially the same as the benefits of integration assistance, so inpatient accommodation in a nursing home at the expense of social assistance is also possible if the age-related difficulties in individual cases no longer allow living in your own apartment. If only advisory services are provided, according to Section 71, Paragraph 4 of Book XII of the Social Code, no claims are made on the income and assets of the elderly.
Subordination
Elderly assistance is generally subordinate to other social assistance benefits. If a disability already exists or a degree of care is recognized, integration assistance or assistance with care are given priority over elderly care.
Individual evidence
- ↑ Hans-Christian Grube, Volker Wahrendorf: SGB XII Sozialhilfe with Asylbewerberleistungsgesetz , Beck Verlag 2018, ISBN 978-3-406-682650 , p. 631.
- ↑ BSG, judgment of February 24, 2016, AZ B 8 SO 11/14 R
