Marks
Marks are special identifiers that a severely disabled person can receive in addition to the degree of disability if they have certain particular impairments. Marks are associated with special benefits in various areas of law, which go beyond the benefits that a severely disabled person receives without a mark.
Mark G
The symbol G indicates a significant impairment of mobility in road traffic .
Criteria for issuing the G mark can be found in Part D of the Health Care Ordinance . The prerequisites for the issue of the mark G are present if the disabled person is no longer able to cover distances in public road traffic that are usually covered on foot. The benchmark is a distance of two kilometers that must be covered in 30 minutes. Local conditions are not taken into account in the determination, for example it does not matter whether the disabled person is particularly familiar with his place of residence or whether he can only travel with difficulty in mountainous regions due to the topography. The impairment does not have to be permanent.
The ordinance sees three groups of disabilities that can significantly impair mobility in road traffic:
- Limitations in walking ability; these do not have to be based on a physical impairment; internal ailments (e.g. reduced lung performance, heart damage) can also cause such a restriction
- Seizure disorders (e.g. epilepsy )
- Disorders of the ability to orientate (e.g. severe intellectual disability)
According to the case law, however, the mark G can also be granted in the case of mental illnesses that do not fall into one of the above categories, provided that their effects are comparable to the above categories (e.g. somatoform pain disorders , fibromyalgia ).
Infants and toddlers can also be given the G mark. For them, the only thing that matters is whether an adult with a comparable disability would be able to cover distances that are customary in the area; Particularities of children in infancy and toddler age are not taken into account.
Mark aG
The aG mark indicates an exceptional walking disability . The mark aG is not just an increase in the mark G and accordingly a particularly severe impairment of the ability to walk does not necessarily lead to the authorization for the mark aG. Rather, the authorized group of people is deliberately kept small by the case law, since the granting of this symbol means the authorization to park in disabled parking spaces and these parking spaces are only intended to benefit those people who are really unreasonable to cover even the shortest distances without outside help .
Anyone who is extraordinarily handicapped and therefore entitled to this mark can be found in the administrative regulation for the road traffic regulations (VwV-StVO). These are paraplegics as well as people with upper or lower leg amputees on both sides, people with a thigh amputation only if they are permanently unable to wear an artificial leg, are dependent on a pelvic basket prosthesis, or have a lower leg amputation on the other leg or arm amputation on one side. This also includes people who are expressly placed on an equal footing with the aforementioned group of people by means of a notification from the pension office. For equality (in contrast to the G code), neither increased physical effort nor a certain distance in meters are important. Rather, the disabled person must either not be able to move at all or only with great physical exertion outside his motor vehicle without outside help, with aids (e.g. wheelchair or prosthesis) not being considered.
Mark H
The mark H stands for helplessness . According to Section 33b (6) EStG, anyone is helpless who constantly needs outside help for a series of frequently and regularly recurring tasks to secure their personal existence during the course of each day. To determine helplessness, the criteria for granting a care level in long-term care insurance are used accordingly. The highest court has not yet clarified whether the old criteria for determining a care level should still be used after the changeover to care levels in long-term care insurance.
As in long-term care insurance, only basic care activities are eligible, but not housekeeping or other unspecified activities. There must be a need for at least three tasks and these tasks must take up to 120 minutes a day. In contrast to long-term care insurance, the time required also includes a pure monitoring time or a standby time during which the carer must be constantly present. In addition to basic care activities, there are also measures for mental recovery, mental stimulation and communication (seeing, hearing, speaking and the ability to interact). In exceptional cases, spending between 60 and 120 minutes can lead to helplessness if the economic value of the care is particularly high because a particularly large number of tasks have to be carried out or the need for care is particularly unfavorably distributed over the day (e.g. also at night).
In the case of certain disabilities, helplessness is legally assumed. This is particularly true for children who are regularly considered helpless up to the age of 18 with certain diseases (e.g. autism ). In adults too, particularly severe disabilities (e.g. severe psychosis) can lead to the assumption of helplessness.
Mark B
The mark B is only given in addition to a mark G, Gl and H. The authorized group of people includes disabled people who regularly rely on outside help when using public transport. External help may be required when getting in and out of the vehicle and while driving, and also to compensate for disorientation.
This is legally assumed for people who do not have hands on both sides, for paraplegics and for all blind, deaf, mentally handicapped and seizure sufferers who meet the requirements for the G mark due to this disability.
Mark RF
The mark RF is given to people who are permanently unable to participate in public events. It is necessary but also sufficient if the disabled person can physically attend the event; he does not have to be able to understand or perceive the content of the event in any way. When these prerequisites exist in detail is regulated by state law, with the provisions based on the State Treaty on Broadcasting Subsidies having the same content in all federal states.
Anyone who can no longer leave the house or apartment even with the use of aids or outside help cannot participate in public events permanently. This criterion is not restricted to physical illnesses; mental illnesses which lead to the disabled person avoiding public events completely can also justify the granting of this mark.
It also includes disabled people who can leave the house but would not be reasonable to take part in public events with consideration for the other participants because the disease is particularly repulsive to other people, e.g. B. physical disfigurement, unpleasant odors, involuntary movements (e.g. spasticity ), loud noises (e.g. asthma ) or contagious diseases. Bladder or intestinal incontinence alone does not justify the issuing of the RF mark, since the disabled person can be expected to wear diapers .
In addition, a degree of disability of at least 80 is required, although in individual cases, due to a hardship provision, people with a lower degree of disability can be assigned this indicator. In principle, children under two years of age cannot receive this mark.
Individual evidence
- ^ BSG, judgment of 11 August 2015, AZ B 9 SB 1/14 R
- ^ BSG, judgment of March 29, 2007, AZ B 9a SB 5/05 R
- ^ BSG, judgment of February 12, 2003, AZ B 9 SB 1/02 R
- ^ BSG, judgment of September 11, 1991, AZ 9a / 9 RVs 15/89
- ↑ BSG, judgment of June 28, 2000, AZ B 9 SB 2/00 R
- ^ BSG, judgment of February 12, 1997, AZ 9 RVs 2/96
- ↑ BSG, judgment of February 16, 2012, AZ B 9 SB 2/11 R
- ^ BSG, judgment of February 12, 1997, AZ 9 RVs 1/95
