Training allowance

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The training money is in Germany one hand to § 65 para. 5 SGB IX provided benefit that for people with disabilities is provided, which undergo initial training and are not entitled to a transitional allowance have. On the other hand, formation of money refers to the covers for candidates for the raceway of the officers of the Medical Service ( medical officer candidate ) under elimination of financial and material covers the study ( human , dentistry , veterinary medicine , pharmacy are leave). It consists of the basic amount and the family allowance and is regulated in the Medical Officer Candidate Training Allowance Ordinance (SanOAAusbGV) .

The training allowance for disabled people is regulated in Sections 122–126 SGB ​​III . According to Section 122 (2) SGB III, the provisions on vocational training allowance apply to the training allowance . The following paragraphs specify exceptions, in particular with regard to the amount of entitlement and the crediting of income.

claim

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A claim arises when the person with a disability completes vocational training , a preparatory training measure , a supported job or a year of basic vocational training .

The level of entitlement is determined according to the following table:

place of residence Benefit level at
Vocational training measure
Parents' household (if unmarried and younger than 21 years) 338 euros 216 euros
Parents' household (if married or 21 years or older) 425 euros 216 euros
Dormitory, boarding school, training company or special facility for disabled people,
if the costs of accommodation are covered by the responsible rehabilitation provider 		111 euros 111 euros
elsewhere outside of the parents' household (if unmarried and younger than 21 years of age),
if the costs of accommodation are covered by the responsible rehabilitation provider 		246 euros 184 euros
otherwise outside the parents' household (if married or 21 years of age or older),
if the costs of accommodation are covered by the responsible rehabilitation provider 		284 euros 184 euros
elsewhere outside the parents' household
if the costs of accommodation are not covered by the responsible rehabilitation agency 		348 euros + 166 euros rent + a maximum of 84 euros
if the rent is higher than 166 euros 		418 euros + a maximum of 83 euros
if the rent is higher than 65 euros

In the case of disabled people who have not yet reached the age of 18, the need for off-site accommodation, the costs of which are not covered, will only be recognized if the place of training cannot be reached from the parents' place of residence and no benefits from Child and youth welfare according to SGB ​​VIII are paid. Otherwise, only 338 euros for vocational training or 218 euros for a measure are recognized as a requirement.

Exception when participating in the vocational training area of ​​a WfbM

A disabled person who goes through the vocational training area of ​​a recognized workshop for disabled people receives 117 euros per month according to Section 125 SGB ​​III.

Crediting of income

Income that is achieved by working in a workshop for disabled people is generally not counted towards the need.

In addition, according to § 126 SGB ​​III, the following is not taken into account:

  • Orphan's pension , orphan's allowance and maintenance up to an amount of 259 euros
  • the parents' income up to an amount of 3113 euros
  • in the case of separated or widowed parents, the income of the parent with whom the disabled person lives, up to EUR 1940 (the income of the other parent is not taken into account at all)
  • the income of the spouse up to 1940 euros.

criticism

The training fee is criticized in the case of placement in a boarding school. This mainly affects disabled people, for example in a vocational training center, who cannot complete regular training on the general labor market. The training allowance covers the costs of the boarding school, but not the cost of the apartment, which the disabled people continue to rely on during the weekends and holidays. If the parents cannot cover these costs themselves, for example because they are in need of help themselves, the disabled people are threatened with homelessness. In practice, this leads to numerous dropouts, which permanently cut off access to the general labor market for disabled people. The Bavarian State Social Court saw this as a case of hardship and obliged the responsible job center to grant the cost of the apartment as a loan. The Federal Social Court has essentially confirmed this assessment.

See also

Individual evidence

  1. ↑ https://sozialgerichtsbarkeit.de/sgb/esgb/show.php?modul=esgb&id=191021&s0=&s1=&s2=&words=&sensitive= Federal Social Court, judgment of October 19, 2016, Az. B 14 AS 40/15 R