Motor vehicle aid regulation

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Basic data
Title: Ordinance on vehicle assistance for vocational rehabilitation
Short title: Motor vehicle aid regulation
Abbreviation: KfzHV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Social law
References : 870-1-1
Issued on: September 28, 1987
( Federal Law Gazette I p. 2251 )
Entry into force on: 1st October 1987
Last change by: Art. 41 G of December 12, 2019
( Federal Law Gazette I p. 2652, 2715 )
Effective date of the
last change: 		January 1, 2024
(Art. 60 G of December 12, 2019)
GESTA : G026
Please note the note on the applicable legal version.

The Motor Vehicle Aid Ordinance (Abbreviation: KfzHV, long title: Ordinance on motor vehicle aid for vocational rehabilitation ) is a German statutory ordinance . It determines the requirements, application and scope of services for severely disabled people to purchase a motor vehicle , for additional equipment due to disabilities and to obtain a driving license .

requirements

The motor vehicle assistance requires that the applicant is not only temporarily dependent on a motor vehicle due to their disability in order to reach the place of work or training, and that the applicant is able to drive a motor vehicle or it is ensured that a third party (e.g. parents) drive the vehicle for him.

Although, according to this wording, the scope of vehicle aid is limited to benefits for participation in working life , case law also allows vehicle aid to be granted within the framework of social participation in order to enable disabled people to participate in events and similar facilities. The prerequisite for this is that the motor vehicle is regularly required with a similar frequency as that of employed persons and that there is no reasonable alternative for the applicant, in particular the use of local public transport or services for the disabled . If such an alternative is reasonable and likely to be cheaper than a motor vehicle, a grant can be made for it.

In addition, the applicant must not already have a reasonable vehicle. The reasonableness does not apply if the motor vehicle has serious defects and a repair would only be possible with disproportionately high effort.

Scope of services

The benefits include the cost of purchasing a motor vehicle, building it for the disabled and obtaining a driver's license. The benefits are generally granted as a grant; Although the ordinance allows the granting of benefits as a loan in exceptional cases, in practice this regulation does not play a role.

Although the law provides that it is at the discretion of the service provider, it is now almost the rule that only the purchase of a used car is funded, because with the maximum amount of 9500 euros, which after the regulation came into force in 1987 only once in 1991 from the original 16,000 DM was adjusted to 18,000 DM, nowadays no new car can be purchased. Since the law only allows a new vehicle to be purchased within five years in exceptional cases, the used vehicle must be in a technical condition that allows it to be used for at least five years.

The applicant's income is offset against the performance, the exact offset being specified in a table. If the income is below 40 percent of the reference value, there is no income offset, if the income is over 75 percent of the reference value, no subsidy is granted. Income includes wages and salaries as well as wage replacement benefits. An existing unreasonable motor vehicle will be credited with its residual value towards the service.

The costs for additional equipment due to disabilities, including installation, technical acceptance and maintenance, are always covered in full. Income offsetting does not take place here.

In the case of the costs of obtaining a driving license (compulsory lessons, theoretical test, driving lessons and practical test), income is credited as when purchasing a motor vehicle. Costs that result exclusively from the disability, such as an MPU or the entry of key numbers in existing driver's licenses, are always covered in full.

Jurisdiction

In principle, jurisdiction depends on the legal basis on which the motor vehicle assistance is claimed. The application could be submitted to the Joint Service Centers for Rehabilitation by the end of 2018 .

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