Guardian and Guardian Remuneration Act
| Basic data | |
|---|---|
| Title: | Law on the remuneration of guardians and carers |
| Short title: | Guardian and Guardian Remuneration Act |
| Abbreviation: | VBVG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Care law , family law |
| References : | 400-16 |
| Issued on: | April 21, 2005 ( BGBl. I p. 1073, 1076 ) |
| Entry into force on: | July 1, 2005 (Art. 12 G of April 21, 2005) |
| Last change by: |
Art. 1 G of June 22, 2019 ( Federal Law Gazette I p. 866 ) |
| Effective date of the last change: |
July 27, 2019 (Art. 4 G of June 22, 2019) |
| GESTA : | C065 |
| Please note the note on the applicable legal version. | |
The Vormünder- and caregivers' Compensation Act in Germany is part of that came into force on 1 July 2005. 2. Care Law Amendment Act and regulates all compensation claims Lance guardians and caregivers ( professional caregivers , club supervisors and authorities caregivers ). Via § 1915 BGB it also applies to professionally managed guardians and § 277 FamFG to procedural guardians .
Systematics of the law
- § 1 : Requirements for eligibility for remuneration (minimum number of cases, minimum time required)
- § 2 : Expiry of claims (15 month period)
- § 3 : Guardian's right to remuneration (entitlement to remuneration for proven time expenditure, hourly remuneration rates)
- § 4 : Amount of remuneration for supervisors (as part of the flat-rate remuneration)
- Section 5 : Compensatory lump-sum period for professional supervisors (see table)
- § 5a : separate flat rates (from July 27, 2019)
- § 6 : Entitlement to remuneration for sterilization supervisors and prevention supervisors ( § 1899 BGB)
- § 7 Entitlement to remuneration of club supervisors (reference to § 5)
- § 8 : Entitlement to remuneration of public authorities
- § 9 : Billing period for professional and club supervisors (quarter)
- § 10 : Annual total notification obligation of professional and club supervisors to the supervisory authority
- § 11 : Possibility of re-qualification to achieve a higher remuneration level (state authorization clause)
- § 12 : Transitional provision (from July 27, 2019)
Basic statements
When appointing a guardian, carer or supervisor, the court's appointment decision must state that the activity is being carried out professionally ( Section 1 ). This is usually the case if the person concerned has more than 10 legal representations or (in the case of guardianship or guardianship) has a weekly expenditure of at least 20 hours. If the determination is inadvertently omitted, it can be corrected subsequently. This correction does not affect the date of the order (BGH of January 8, 2014).
The remuneration claims expire after 15 months. The time limit can be shortened or extended by the court ( Section 2 VBVG in conjunction with Section 1835 (1a) BGB). A reinstatement to the previous status does not take place if the deadline is missed (OLG Schleswig FamRZ 2002, 1288).
Guardians, carers (as well as the supervisors named in § 6 sentence 1) can claim remuneration for proven time expenditure according to § 3 VBVG. The hourly rate is 23.00 euros, with proven specialist knowledge from completed training 29.50 euros and from completed studies 39.00 euros (plus sales tax and reimbursement of expenses according to § 1835 BGB). Childcare, guardianship and supplementary guardianship have been exempt from VAT since July 1, 2013. In exceptional cases, the hourly rates can be reduced (Section 3 (2) VBVG) or increased (Section 3 (3) VBVG, for carers Section 1915 BGB).
Professional supervisors are only reimbursed for lump-sum time expenditure (see table). These amounts are "inclusive hourly rates" and thus contain the reimbursement of expenses. The full amount is paid to " small business " supervisors who are not subject to sales tax according to § 19 UStG (OLG Munich 33rd civil senate decision of May 17, 2006, 33 Wx 015/06).
The amount of the lump-sum hourly rates ( § 5 VBVG) depends on the duration of the care (from the first appointment of a supervisor ), on whether the person being cared for is wealthy or poor ( § 1836c , § 1836d BGB) and on whether he or she has his habitual residence in a home from, whereby the term home in § 5 Paragraph 3 VBVG goes beyond that in § 1 Home Act.
Sterilization supervisor and prevention supervisor (in the event of legal hindrance, e.g. self-dealing ), cf. § 1899 BGB, § 6 VBVG receive remuneration for proven time expenditure like guardians; Preventive carers in the event of the caregiver's actual incapacity (vacation, illness) receive a flat-rate remuneration according to days, whereby the prevented caregiver is not granted these days as compensation.
According to § 7 VBVG, the rules of §§ 5 and 6 also apply to club supervisors; however, according to § 8 VBVG, the rules for exceptionally remunerated volunteer supervisors apply to official supervisors .
Section 9 of the VBVG provides for a billingcycleof 3 months and Section 10 of the annual total notification from professional supervisors to the supervisory authority about the number of supervision and remuneration payments received,previously contained in Section 1908k BGB. Section 11 VBVG contains a state authorization clause for post-qualification measures; currently, however, no federal state has made use of it (formerly Section 2 of the Professional Guardian Remuneration Act).
In mid-2009, the Cologne Institute for Social Research and Politics presented an evaluation of the effects of the new law to the Bundestag and Bundesrat.
Flat rate remuneration for wealthy custodians ( Section 5 (1) VBVG) until July 26, 2019
| Period | Supervised in the home | Supervised outside of a home |
|---|---|---|
| 1st to 3rd month | 5.5 hours a month | 8.5 hours a month |
| 4th to 6th month | 4.5 hours a month | 7 hours a month |
| 7th to 12th month | 4 hours a month | 6 hours a month |
| from the 2nd year | 2.5 hours a month | 4.5 hours a month |
Flat rate remuneration for poorly cared for ( § 5 Abs. 2 VBVG) until July 26, 2019
| Period | Supervised in the home | Supervised outside of a home |
|---|---|---|
| 1st to 3rd month | 4.5 hours a month | 7 hours a month |
| 4th to 6th month ' | 3.5 hours a month | 5.5 hours a month |
| 7th to 12th month | 3 hours a month | 5 hours a month |
| from the 2nd year | 2 hours a month | 3.5 hours a month |
The new remuneration tables A to C for professional supervisors (including club supervisors ) in the 3 previously known salary groups can be found below. The columns "Monthly flat rate old", "Increase in €" and "Increase in%" are not official. These illustrate the difference to the previous supervisor remuneration, which has been in effect since July 1, 2005.
Table A (previous remuneration level 1) from July 27, 2019
| No. | Duration of care | No. | Usual abode | No. | Asset status | monthly flat rate | monthly flat rate old | Increase in € | Increase in% |
|---|---|---|---|---|---|---|---|---|---|
| A1 | In the first three months | A1.1 | inpatient facility or equivalent type of outpatient assisted living | A1.1.1 | destitute | € 194.00 | € 121.50 | € 72.50 | 59.67% |
| A1.1.2 | not penniless | € 200.00 | € 148.50 | € 51.50 | 34.68% | ||||
| A1.2 | other form of living | A1.2.1 | destitute | € 208.00 | € 189.00 | € 19.00 | 10.05% | ||
| A1.2.2 | not penniless | € 298.00 | € 229.50 | € 68.50 | 29.85% | ||||
| A2 | Fourth to sixth months | A2.1 | inpatient facility or equivalent type of outpatient assisted living | A2.1.1 | destitute | € 129.00 | € 94.50 | € 34.50 | 36.51% |
| A2.1.2 | not penniless | € 158.00 | € 121.50 | € 36.50 | 30.04% | ||||
| A2.2 | other form of living | A2.2.1 | destitute | € 170.00 | € 148.50 | € 21.50 | 14.48% | ||
| A2.2.2 | not penniless | € 208.00 | € 189.00 | € 19.00 | 10.05% | ||||
| A3 | In the seventh to twelfth month | A3.1 | inpatient facility or equivalent type of outpatient assisted living | A3.1.1 | destitute | € 124.00 | € 81.00 | € 43.00 | 53.09% |
| A3.1.2 | not penniless | 140.00 € | € 108.00 | € 32.00 | 29.63% | ||||
| A3.2 | other form of living | A3.2.1 | destitute | € 151.00 | € 135.00 | € 16.00 | 11.85% | ||
| A3.2.2 | not penniless | € 192.00 | € 162.00 | € 30.00 | 18.52% | ||||
| A4 | In the 13th to 24th month | A4.1 | inpatient facility or equivalent type of outpatient assisted living | A4.1.1 | destitute | € 87.00 | € 54.00 | € 33.00 | 61.11% |
| A4.1.2 | not penniless | € 91.00 | € 67.50 | € 23.50 | 34.81% | ||||
| A4.2 | other form of living | A4.2.1 | destitute | € 122.00 | € 94.50 | € 27.50 | 29.10% | ||
| A4.2.2 | not penniless | € 158.00 | € 121.50 | € 36.50 | 30.04% | ||||
| A5 | From the 25th month | A5.1 | inpatient facility or equivalent type of outpatient assisted living | A5.1.1 | destitute | € 62.00 | € 54.00 | € 8.00 | 14.81% |
| A5.1.2 | not penniless | € 78.00 | € 67.50 | € 10.50 | 15.56% | ||||
| A5.2 | other form of living | A5.2.1 | destitute | € 105.00 | € 94.50 | € 10.50 | 11.11% | ||
| A5.2.2 | not penniless | € 130.00 | € 121.50 | € 8.50 | 7.00% |
Table B (previous level 2) from July 27, 2019
| No. | Duration of care | No. | Usual abode | No. | Asset status | monthly flat rate | monthly flat rate old | Increase in € | Increase in% |
|---|---|---|---|---|---|---|---|---|---|
| B1 | In the first three months | B1.1 | inpatient facility or equivalent type of outpatient assisted living | B1.1.1 | destitute | € 241.00 | € 150.75 | € 90.25 | 59.87% |
| B1.1.2 | not penniless | € 249.00 | € 184.25 | € 64.75 | 35.14% | ||||
| B1.2 | other form of living | B1.2.1 | destitute | € 258.00 | € 234.50 | € 23.50 | 10.02% | ||
| B1.2.2 | not penniless | € 370.00 | € 284.75 | € 85.25 | 29.94% | ||||
| B2 | Fourth to sixth months | B2.1 | inpatient facility or equivalent type of outpatient assisted living | B2.1.1 | destitute | € 158.00 | € 117.25 | € 40.75 | 34.75% |
| B2.1.2 | not penniless | € 196.00 | € 150.75 | € 45.25 | 30.02% | ||||
| B2.2 | other form of living | B2.2.1 | destitute | € 211.00 | € 184.25 | € 26.75 | 14.52% | ||
| B2.2.2 | not penniless | € 258.00 | € 234.50 | € 23.50 | 10.02% | ||||
| B3 | In the seventh to twelfth month | B3.1 | inpatient facility or equivalent type of outpatient assisted living | B3.1.1 | destitute | € 154.00 | € 100.50 | € 53.50 | 53.23% |
| B3.1.2 | not penniless | € 174.00 | € 134.00 | € 40.00 | 29.85% | ||||
| B3.2 | other form of living | B3.2.1 | destitute | € 188.00 | € 167.50 | € 20.50 | 12.24% | ||
| B3.2.2 | not penniless | € 238.00 | € 201.00 | € 37.00 | 18.41% | ||||
| B4 | In the 13th to 24th month | B4.1 | inpatient facility or equivalent type of outpatient assisted living | B4.1.1 | destitute | € 107.00 | € 67.00 | € 40.00 | 59.70% |
| B4.1.2 | not penniless | € 113.00 | € 83.75 | € 29.25 | 34.93% | ||||
| B4.2 | other form of living | B4.2.1 | destitute | € 151.00 | € 117.25 | € 33.75 | 28.78% | ||
| B4.2.2 | not penniless | € 196.00 | € 150.75 | € 45.25 | 30.02% | ||||
| B5 | From the 25th month | B5.1 | inpatient facility or equivalent type of outpatient assisted living | B5.1.1 | destitute | € 78.00 | € 67.00 | € 11.00 | 16.42% |
| B5.1.2 | not penniless | € 96.00 | € 83.75 | € 12.25 | 14.63% | ||||
| B5.2 | other form of living | B5.2.1 | destitute | € 130.00 | € 117.25 | € 12.75 | 10.87% | ||
| B5.2.2 | not penniless | € 161.00 | € 150.75 | € 10.25 | 6.80% |
Table C (previous remuneration level 3) from July 27, 2019
| No. | Duration of care | No. | Usual abode | No. | Asset status | monthly flat rate | monthly flat rate old | Increase in € | Increase in% |
|---|---|---|---|---|---|---|---|---|---|
| C1 | In the first three months | C1.1 | inpatient facility or equivalent type of outpatient assisted living | C1.1.1 | destitute | € 317.00 | € 198.00 | € 119.00 | 60.10% |
| C1.1.2 | not penniless | € 327.00 | € 242.00 | € 85.00 | 35.12% | ||||
| C1.2 | other form of living | C1.2.1 | destitute | € 339.00 | € 308.00 | € 31.00 | 10.06% | ||
| C1.2.2 | not penniless | € 486.00 | € 374.00 | 112.00 € | 29.95% | ||||
| C2 | Fourth to sixth months | C2.1 | inpatient facility or equivalent type of outpatient assisted living | C2.1.1 | destitute | € 208.00 | € 154.00 | € 54.00 | 35.06% |
| C2.1.2 | not penniless | € 257.00 | € 198.00 | € 59.00 | 29.80% | ||||
| C2.2 | other form of living | C2.2.1 | destitute | € 277.00 | € 242.00 | € 35.00 | 14.46% | ||
| C2.2.2 | not penniless | € 339.00 | € 308.00 | € 31.00 | 10.06% | ||||
| C3 | In the seventh to twelfth month | C3.1 | inpatient facility or equivalent type of outpatient assisted living | C3.1.1 | destitute | € 202.00 | € 132.00 | € 70.00 | 53.03% |
| C3.1.2 | not penniless | € 229.00 | € 176.00 | € 53.00 | 30.11% | ||||
| C3.2 | other form of living | C3.2.1 | destitute | € 246.00 | € 220.00 | € 26.00 | 11.82% | ||
| C3.2.2 | not penniless | € 312.00 | € 264.00 | € 48.00 | 18.18% | ||||
| C4 | In the 13th to 24th month | C4.1 | inpatient facility or equivalent type of outpatient assisted living | C4.1.1 | destitute | € 141.00 | € 88.00 | € 53.00 | 60.23% |
| C4.1.2 | not penniless | € 149.00 | € 110.00 | € 39.00 | 35.45% | ||||
| C4.2 | other form of living | C4.2.1 | destitute | € 198.00 | € 154.00 | € 44.00 | 28.57% | ||
| C4.2.2 | not penniless | € 257.00 | € 198.00 | € 59.00 | 29.80% | ||||
| C5 | From the 25th month | C5.1 | inpatient facility or equivalent type of outpatient assisted living | C5.1.1 | destitute | € 102.00 | € 88.00 | € 14.00 | 15.91% |
| C5.1.2 | not penniless | € 127.00 | € 110.00 | € 17.00 | 15.45% | ||||
| C5.2 | other form of living | C5.2.1 | destitute | € 171.00 | € 154.00 | € 17.00 | 11.04% | ||
| C5.2.2 | not penniless | € 211.00 | € 198.00 | € 13.00 | 6.57% |
Surcharges for special care situations (Section 5a (1) VBVG) from July 27, 2019
In addition to the above A lump sum of € 30 per month is paid for wealthy people in care if one of these requirements is met:
- it is a financial investment managed by min. 150 000 € (without deduction of debts)
- it is another residential space that is not inhabited by oneself (or one's spouse) to manage
- the supervised person must run a business .
The additional flat rate is paid monthly if the situation described existed on at least one day of the (care) month. According to the reasons for the law, only a lump sum payment is possible, even if several of the requirements are cumulative.
One-time payments to supervisors (Section 5a, Paragraph 2/3 VBVG) from July 27, 2019
If a professional supervisor takes over voluntary care , the latter receives a one-off payment of € 200. If professional supervision is handed over to a volunteer, the person submitting it will be reimbursed a flat rate of 1.5 months of supervision.
Legal political criticism
The 2005 law was preceded by controversial discussions about structural reforms in the care sector, which were essentially intended to counteract the increased costs (supervisor remuneration, personnel costs at the courts). While the around 17,000 professional carers working in the Federal Republic of Germany previously spent their time managing professionally managed carers (around 450,000 out of a total of 1.4 million carers; end of 2010). Sometimes had to prove in the smallest detail, which also put a heavy burden on the personnel resources of the guardianship courts, the aim of the new law was to create simple, disputes-avoiding and adequate regulations for professional supervisory work (according to the legal explanation). Resources that become available should be used appropriately for care work. The law was described by the professional associations as unrealistic and unfair, as the individual support effort was given up in favor of a mixed calculation in the form of a flat fee.
See also
literature
Books
- Deinert / Lütgens: The compensation of the supervisor, 7th edition Cologne 2019, ISBN 978-3846208410
- Meier: Handbook of care remuneration, Heidelberg 2003; ISBN 3-8114-0846-1
Magazine articles
- Bestelmeyer: The new regulation of the right to remuneration according to the 2nd BtÄndG; Rpfleger 2005, 583
- Deinert; Ordinary (home) stay and lump-sum supervisor remuneration; FamRZ 2005; 954
- ders .: On the new regulation of the carer, guardian and carer remuneration; BtPrax special 2005, p. 13.
- ders .: New flat-rate remuneration for legal professional advisors; JurBüro 2005, 285 = FuR 2005, 308
- ders .: New supervisor remuneration and transitional law; Rpfleger 2005, 304
- Maier: Lump sum payment and reimbursement of expenses; BtPrax special 2005, p. 17
- Neumann / Neumann: On the practical implementation of the remuneration system applicable from July 1, 2005, BtMan 2005, 90
- Sonnenfeld: The 2nd BtÄndG - overview of the essential changes that will come into force on July 1, 2005, FamRZ 2005, 941
- Zimmermann: The supervisor and guardian ad litem remuneration from July 1, 2005, FamRZ 2005, 950
About the changes in 2019
- Deinert: New case law of the federal courts on supervisor remuneration and related questions - as well as an outlook on the upcoming legal change; Rpfleger 2019, 365
- Fröschle: Adjustment of guardian and carer remuneration; FamRZ 2019, 678
- Thielke: The first step has been taken: the supervisor's remuneration is to be increased; BtPrax 2019, 47
Web links
- Law on the remuneration of guardians and carers , wording, gesetze-im-internet.de.
- Case law on the law (BtPrax online lexicon for care law)
