Personal budget

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The personal budget enables people with a right to participation or integration assistance (for people with a disability or chronic illness, for example ) to receive cash benefits or - in exceptional cases - vouchers instead of traditional goods or services. The authorized recipient can decide for himself, within the framework of the agreed criteria and conditions, when and to what extent he would like to use which service or support from which person or facility / institution or company. The recipient of the personal budget as a customer or client then pays for this service directly from the amount received to the service provider; the triangular relationship under social law is dissolved.

Situation in Germany

Since January 1st, 2008 there has been a legal entitlement to the personal budget in the Federal Republic of Germany . This development is significantly shaped by the new rehabilitation law ( Social Code  I – XII with a focus on SGB ​​IX ).

The personal budget is a form of benefits for participation services of the rehabilitation providers of the ninth book of the Social Code Rehabilitation ( § 29 SGB ​​IX). The agencies are, for example, the employment agency ( SGB ​​III ), the statutory health insurance ( SGB ​​V ), the statutory pension insurance ( SGB ​​VI ) and the social assistance providers ( SGB ​​XII ). The care funds ( SGB ​​XI ) and the integration offices can also provide services in the form of a personal budget.

Content requirements and regulations on the administrative procedure are set out in Section 29 of Book IX of the Social Code and in the Budget Ordinance (BudgetV).

The amount of the personal budget is based on individual needs and should not exceed the amount of previous benefits in kind. The personal budget is intended to strengthen the disabled person's right to wish and choose. The basis of the personal budget is a target agreement between the person entitled to benefits ( budget taker) and the service provider (s) (health insurance, long-term care insurance, social welfare office, pension insurance, integration office). If several service providers are involved, one speaks of a "cross-provider complex service".

In Baden-Württemberg , the number of beneficiaries rose “continuously” from 543 in 2008 to 1,309 in 2013; In the district of Breisgau-Hochschwarzwald , the corresponding rate as of December 31, 2012 was 1.2% (that's a figure of 13), which corresponds to the average of all districts in Baden-Württemberg. Due to the higher number of applications, the quota in the urban districts is 2.3%.

Situation in Switzerland

In the cantons of Basel-Stadt, St. Gallen and Valais, the pilot project assistance budget, which corresponds to a personal budget, ran from January 1, 2006 to December 31, 2009 .

Situation in Austria

There are also considerations to introduce the personal budget. At the moment (as of April 2014) the personal budget can only be requested in one federal state, Styria . It is criticized that people with mental disabilities / mental illnesses are not entitled to the personal budget.

Situation in other European countries

In other European countries (such as the Netherlands ) the personal budget is an instrument.

Examples of personal budgets

In principle, every “service for participation” is budget-friendly. This results in an extremely large number of options for using the personal budget.
A list of detailed examples:

If the examples linked here do not contain any that fit a specific situation, this does not mean that a personal budget is not possible for the specific situation. It is simply impossible to exemplify all possible situations in a manageable framework.

Problems in practice

Many service providers set very precise limits for the recipient of the personal budget in the target agreement as to how he should use the PB. However, the general definition of the PB offers many more options for correctly using the money received. In practice, the PB usually fails because the recipient uses the money received in a different way without consulting the service provider, which, according to the definition of the PB, is completely fine, but which often violates the much more specific target agreement.

In addition, many authorities do not know what a personal budget is, which can often lead to problems. For example, providers of ALG2 and social welfare could offset the earmarked amounts of money received from another provider within the framework of the personal budget as income. Example: The benefit recipient is unemployed and, within the framework of the personal budget, employs an employee who provides the benefits. This is possible, but usually not understandable for a job center employee with standard knowledge.

Services that were previously simply not taken into account in the conventional system (e.g. a social welfare recipient visits the cinema with a specialist from a larger service provider and does not have to pay for the cinema ticket himself, for example) appear in a different light within the framework of the PB. A visit to the cinema (in fragments) is included in social assistance. If the money for a visit to the cinema is transferred to the welfare recipient by the PB service provider so that he can visit the cinema with a specialist who has also paid the PB himself, the trouble with the welfare provider is almost inevitable.

Jurisprudence

In a judgment of the Federal Social Court from November 2011 it was made clear that z. B. the so-called services for "participation in working life", which so far have only been provided in a so-called workshop for people with disabilities (WfbM), cannot be omitted from the personal budget simply because an institution is recognized as "WfbM" was missing. The Federal Government Commissioner for the Issues of Disabled People Hubert Hüppe , who was in office at the time of the judgment , then requested in a statement:

“... the cost bearers are now called upon to follow the clarification of the Federal Social Court and to grant workshop services even without connection to workshops for disabled people. As part of the personal budget, the services should follow people and not the other way around. "

See also

literature

  • Elke Bartz (2006): The Personal Budget. A manual for beneficiaries. From A for application to Z for target agreement. Mulfingen-Hollenbach: Forum for self-determined assistance for disabled people ( ForseA )
  • Matthias Böhler (2009): Personal budget in workshops for disabled people - The necessity of change management . ISBN 978-3-8366-6779-1
  • Thomas Klie, Alexander Spermann (Ed.) (2004): Personal Budgets - Departure or the wrong path? A workbook on budgets in care and for people with disabilities. Hanover: Vincentz Network, ISBN 978-3878704881
  • Competence Center Self-Determined Living for the Detmold District: The Personal Budget: Concrete # 1 - Series of the Competence Centers Self-Determined Living / Competence Center Self-Determined Living for the Administrative District Detmold. - Edition 6000. - 2018. - 90 pages. - ISBN 978-3-9820478-0-5 * (free of charge).
  • Ralf Monréal (2018): Care can be so human - personal budget versus outside determination, proroba Verlag, ISBN 978-3-96373-000-9
  • Andre Peters, Martin Jungnickel, Ulrike Ruppert (2007): contec working aid personal budget; Basics, strategies and practical tips for successful social enterprises. ISSN  1864-7820
  • Bernhard van Treeck , Siegfried Wurm, Harry Fuchs (2009): The personal budget - design instead of just making an application , Neurotransmitter 6, 34–38
  • Manuela Trendel: Practical Guide Personal Budget . Walhalla-Verlag, 2008, ISBN 978-3802974120
  • Elisabeth Wacker, Gudrun Wansing, Markus Schäfers (2005): Personal support and quality of life. Participation with a personal budget. Wacker, Elisabeth (Ed.): Health and Society . Deutscher Universitäts-Verlag, Wiesbaden, ISBN 978-3835060050
  • Bettina Wessel (2007): Who pays is right? - Advice within the framework of the personal budget for people with disabilities. Berlin: Self-published by the German Association for Public and Private Welfare eV, ISBN 978-3-7841-1772-0

Web links

Individual evidence

  1. ↑ State Parliament of Baden-Württemberg. Printed matter 15/6024, 18th petition 15/4222 regarding the school system, inclusion : landtag-bw.de
  2. ↑ Information and instructions on how to apply to the Graz-Umgebung district administration. On: www.steiermark.at  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (April 10, 2014)@1@ 2Template: Toter Link / www.bh-graz Umgebung.steiermark.at  
  3. ^ Report on the Congress on Personal Assistance on April 18 and 19, 2013 in Vienna, organized by the BIZEPS Center for Self-Determined Living. On: BIZEPS-INFO online, September 27, 2013 (April 10, 2014)
  4. ^ Judgment B 11 AL 7/10 R of the BSG of November 30, 2011. In: juris.bundessozialgericht.de (April 15, 2012)
  5. ↑ Is the workshop getting competition now? . In: kobinet-nachrichten.org, December 7, 2011 (April 15, 2012)