Disability and Migration

Disability and Migration

Help for disabled people and their family members

This presentation was created in connection with the bvkm project Living with one another It is available in Turkish, Arabic, English, and French.

Federal Association for People with Physical and Multiple Disabilities •  an organisation providing self-help

for people with physical and multiple disabilities

•  coalition of 240 regional self-help

organisations

•  approx. 28.000 members

www.bvkm.de Category Law and Politics

•  Guide My child is disabled – here s

where you can get help available for download at no charge

Living with one another

Project of bvkm to initiate groups of parents with disabled children with a migratory background

Project goals:

•  To ensure that people with disabilities and, in particular, parents have access to

services of parent self-help organisations and to encourage them to take part

•  To train multipliers to inform families with a migratory background about the rights

of disabled people and their family members and to support them in exercising their rights

www.bvkm.de

à Work areas

Breakdown of the presentation

I)

Bene

fi

ts by health insurers (German Social Code [SGB] V)

II) Bene

fi

ts by long-term care insurers (SGB XI)

III) Integration assistance bene

fi

ts (SGB XII)

IV) Basic security in old age and in the case of reduced

earning capacity (SBG XII)

V) Disability identi

fi

cation card (SGB IX)

VI) Tax relief (German Income Tax Act [EStG],

German Vehicle Tax Act [Kra

ft

StG])

Part I: Bene

fi

ts by health insurers (SGB V)

•  Health insurers provide benefits for early recognition and treatment of

diseases.

•  The scope of the benefits provided by statutory health insurance

(gesetzliche Krankenversicherung) is set down in Social Code V. •  A person needs to belong to a statutory health insurer

Bene

fi

ts by health insurers (SGB V)

•  Foreigners who live in Germany and belong to a statutory health insurer may

also claim the benefits defined in SGB V.

•  Foreigners who work in Germany at a job with mandatory social insurance

contributions are automatically insured by a statutory health insurer.

•  Without work, it is impossible for most foreigners who come from countries

Bene

fi

ts by health insurers (SGB V)

Everyone with insurance is entitled to prescription medications.

The health insurer pays for over-the-counter medications only in the following cases:

•  for children, up to the age of 12

•  for young people with developmental disorders, up to the age of 18

•  for insured people regardless of age, if the medication is a standard therapy

Bene

fi

ts by health insurers (SGB V)

•  e.g. physical therapy, ergotherapy, and speech therapy

Therapeutic aids

•  e.g. hearing aids, prosthetics, and wheelchairs

In general, insured individuals can obtain therapeutic aids only from medical supply companies and pharmacies, as well as from manufacturers who are

contract partners of their health insurer. Where there is a justified interest (e.g. because there a specific need for adaptation), insured individuals can, by way of exception, choose another service provider.

Bene

fi

ts by health insurers (SGB V)

•  e.g. injections provided by a caregiver in the

person s home or at school or kindergarten. •  prerequisite: care may not be provided by

a person living in the household

Travel costs for outpatient treatment

•  e.g. for insured people with the following codes

in the disability identification card: aG, Bl, H and for care recipients with care level II or III

Bene

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ts by health insurers (SGB V)

•  The costs for engaging an escort are covered if this is necessary for

treatment for medical reasons.

Household assistance

•  is granted to insured individuals when they are unable to continue to

maintain the household, e.g. due to hospitalised treatment •  A child must be living in the household who is younger than 12

Bene

fi

ts by health insurers (SGB V)

•  Parents are entitled to sickness benefits if a physician s certificate confirms

that they need to care for their sick child and for this reason are unable to go to work.

•  The sick child must be younger than 12 or be disabled and reliant

on assistance.

•  There must be no other person in the household who is available

for providing care. •  Benefits are payable

Bene

fi

ts by health insurers (SGB V)

•  In general, health insurers charge a co-payment of 10% of the costs for all

provided benefits, with at least EUR 5 and at most EUR 10 being due per benefit. •  Starting 1 January 2013, the so-called office visit fee (Praxisgebühr)

of EUR 10 was done away with.

•  Children and young people under 18 are exempt from co-payments,

other than for travel costs.

•  Starting at age 18, an insured individual s co-payments are capped at 2% of his

or her annual gross income per year. With regard to chronically ill and disabled individuals who are receiving constant treatment for the same serious disease, the threshold is 1% of their annual gross income (so-called chronic rule ).

Part II: Bene

fi

ts by long-term care insurers (SGB XI)

•  Long-term care insurers provide certain benefits when a person is in need of

long-term care.

•  The scope of the benefits provided by statutory long-term care insurers

is set down in Social Code XI.

•  A person needs to belong to a statutory long-term care insurer

Bene

fi

ts by long-term care insurers (SGB XI)

•  Foreigners who live in Germany and belong to a statutory long-term care

insurer may also claim the benefits defined in SGB XI.

•  Foreigners who work in Germany at a job with mandatory social insurance

contributions are automatically insured by a statutory long-term care insurer. •  Without work, it is impossible for most foreigners who come from countries

outside of the European Union (EU) to obtain statutory long-term care insurance.

Bene

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ts by long-term care insurers (SGB XI)

Long-term care insurance is broken down into three levels of need for long-term care:

Care level 1

•  Need for daily assistance of at least 1.5 hours Care level 2

•  Need for daily assistance of at least 3 hours Care level 3

•  Need for daily assistance of at least 5 hours

Bene

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ts by long-term care insurers (SGB XI)

•  In determining the need for long-term care for disabled children, the following

applies: Decisive for the level of care is only the additional need for care that exceeds the need for care for a child of the same age (e.g. more frequent meal times, additional personal hygiene, etc.).

•  The degree of the need for care is determined by the Medizinischer Dienst der

Krankenkassen (MDK). It pays a visit to the home and ascertains the need for care using a questionnaire.

ADVICE:

Bene

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ts by long-term care insurers (SGB XI)

•  Starting 1 January 2013, benefits for people with significantly impaired daily

living skills now receive greater benefits as a result of the German Long-Term Care Restructuring Act (Pflegeneuausrichtungsgesetz, PNG)

•  This group of persons includes, e.g., people with a mental disability.

•  Examples of significantly impaired daily living skills: tendency to wander away,

aggressive behaviour, failure to recognise dangerous situations

•  If they are in care level 1 or 2, individuals with these types of impairments

receive a greater amount of long-term care money and non-cash benefits. Also newly introduced is the ability of individuals in care level 0 to draw long-term care money and non-cash benefits.

Bene

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ts by long-term care insurers (SGB XI)

•  this benefit is provided when a long-term care service provides the care.

Care level

Without impaired daily living skills

up to

With impaired daily living skills

up to

0 no benefit 225 €

Bene

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ts by long-term care insurers (SGB XI)

Care level Without impaireddaily living _{skills monthly} Without impaireddaily living _{skills monthly}

0 no benefit 120 €

1 235 € 305 €

Long-term care money

•  is provided when the individual in need of long-term care is cared

Bene

fi

ts by long-term care insurers (SGB XI)

•  is provided if the caregiver is unavailable to provide care, e.g. due to illness

or holiday.

•  Parents can use the money, e.g. to pay for hourly care of their disabled child

by a family-support service.

•  The benefit is limited to an annual maximum amount.

•  Since 2012: € 1,550

Bene

fi

ts by long-term care insurers (SGB XI)

Therapeutic aids

•  For the use of certain therapeutic aids (for example, diapers, bed protection

inserts)

Monthly maximum: EUR 31

•  Technical therapeutic aids (for example, hospital beds, bath lifts)

Co-payment: up to EUR 25

Care-related home renovations

•  For example, widening doorways, installing a stair lift

Bene

fi

ts by long-term care insurers (SGB XI)

•  is provided if care is unable to be

given at times in certain crisis situations

•  Children, young people, and young

adults under the age of 25 may also receive this in facilities of integration assistance agencies.

•  The benefit is limited to an annual

Bene

fi

ts by long-term care insurers (SGB XI)

•  Individuals with significantly impaired daily

living skills (e.g. people with mental disabilities) are entitled to an additional support amount.

•  up to € 100 per month where there is a low

need for support

•  up to € 200 per month where there is an

increased need for support

NOTE: In addition, since 1 January 2013, this group of persons is entitled to a greater amount

Bene

fi

ts by long-term care insurers (SGB XI)

Care level 0

Individuals who do not meet the requirement for a care level may also assert the claim if they have significantly impaired daily skills.

What can the payment be used for?

For example, for special services of general instruction and support (e.g. being read to, playing games, taking walks) but

Bene

fi

ts by long-term care insurers (SGB XI)

Definition of caregiver

•  Unpaid care, at least 14 hours per week Pension claim

•  The long-term care insurer pays contributions for statutory pension

insurance, provided the caregiver does not work in a paid position for more than 30 hours per week.

Accident insurance

•  The long-term care insurer adds the caregiver to the relevant

accident insurance policy.

Bene

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ts by long-term care insurers (SGB XI)

Since July 2008, caregivers are entitled to unpaid leave from work. •  Up to 10 working days

Provided this is necessary in an acute care situation in order to organise long-term care for a close family member consistent with needs.

•  Up to six months

If a close family member is being cared for at home and the caregiver is working for a company with at least 15 employees.

Part III: Integration assistance bene

fi

ts (SGB XII)

•  Integration assistance benefits are paid by the social welfare office.

They are intended to help disabled people take part in community life or make it possible for them to work in a suitable job or other activity. •  The requirements and the scope of integration assistance benefits

are set down in sections 53 et seq. of Social Code XII. •  Individuals are entitled to benefits

if they have significantly limited options to participate due

Integration assistance bene

fi

ts (SGB XII)

•  EU citizens and foreigners with a solid residency status may also claim

integration assistance benefits

•  Asylum seekers are not entitled to integration assistance benefits.

•  All other foreigners can receive integration assistance benefits

Integration assistance bene

fi

ts (SGB XII)

•  As a social assistance benefit, integration assistance benefits are generally

dependent on income and assets. The so-called principle of subordination is applicable.

•  Some integration assistance benefits are free. These include benefits in

a workshop for disabled people (WfbM). For other benefits, disabled individuals or their parents must pay a share of the costs in accordance with their income and asset circumstances. However, there are certain income and asset limits.

•  Parents of disabled individuals over the age of 18 pay a maximum of

EUR 31.06 per month for integration assistance benefits. In this case, there is no review of income and assets.

Integration assistance bene

fi

ts (SGB XII)

Benefits for disabled people under the age of 18/Examples:

Early support

•  Early support is intended to help disabled children as early as possible

with learning and therapeutic (e.g. ergotherapy) support.

•  It is usually provided by social-paediatric centres (SPZ) and early support

agencies.

•  It consists of benefits provided by health insurers and integration assistance

benefits (so-called combined benefit ).

Integration assistance bene

fi

ts (SGB XII)

Benefits for disabled people under the age of 18/Examples:

Kindergarten

•  Therapeutic kindergarten: Social welfare office covers the costs

in connection with integration assistance benefits

•  Normal/integrated kindergarten: Parents can be charged the

normal cost contribution

School

•  Integration assistant for attending a normal school – this benefit is free for

parents

•  Boarding school

Integration assistance bene

fi

ts (SGB XII)

Assistance in acquiring practical skills

•  e.g. support measures that help with spatial orientation Assistance in supported living options

•  e.g. learning assistance for support in daily activities Assistance for taking part in social and cultural life

Integration assistance bene

fi

ts (SGB XII)

Training assistance

•  e.g. study helper for attending lectures at university Workshop for disabled people (WfbM)

The workshop for disabled people (WfbM) offers a job or the opportunity to carry out a suitable activity to disabled individuals who, because of the nature or severity of their disability, are unable or not yet able to take work on the general job market.

•  The costs for occupational training are paid for by the German Federal

Employment Agency (Bundesagentur für Arbeit).

•  The costs associated with job placement are covered by the social welfare

Part IV: Basic security in old age and in the case of

reduced earning capacity (SGB XII)

•  Basic security is paid by the social

welfare office. It serves to secure an individual s subsistence (lodging, food, clothing)

•  The requirements and the scope of

benefits are set down in sections 41 et seq. of Social Code XII.

•  Individuals are entitled to benefits

if they are at least 18 years of age, are in need, and have a permanent and full reduction in their earning capacity.

Basic security (SGB XII)

•  Foreigners who maintain their

customary place of residence in Germany may also claim basic security (Grundsicherung).

•  However, asylum seekers are

Basic security (SGB XII)

•  Full reduction of earning capacity exists when a person, because of illness

or disability, is unable for an unforeseeable period of time to work for at least three hours a day under the customary conditions of the general job market. •  Disabled individuals who work at a workshop for disabled people or at

a vocational rehabilitation facility are considered to have a full reduction of earning capacity.

Basic security (SGB XII)

covers the following benefits:

•  normal rates applicable to the individual entitled to benefits:

Single persons: 391 Euro Spouses: 353 Euro Household members: 313 Euro

•  reasonable, actual expenses forlodging, heating, and centralised provision

of hot water,

•  an added need of 2.3% of the applicable normal rate, where hot water is

generated by appliances installed in the housing (decentralised provision of hot water)

Basic security (SGB XII)

covers the following additional benefits: •  an added need of 17% of the applicable

normal need level where the individual has a disability identification card with the code G or aG ,

•  a reasonable added need for people

who are ill or disabled and require a costly diet,

•  coverage of contributions for

health insurance and long-term care insurance.

Basic security (SGB XII)

In addition to the above-mentioned regular benefits, individuals entitled to basic security also receive benefits for the following one-time needs:

•  initial outfitting of an apartment, including appliances,

•  initial provision of clothing,

•  initial outfitting in the event of pregnancy and birth, and

•  since 2011 the purchase and repair of orthopaedic shoes,

repair of therapeutic devices and furnishings, and rental of therapeutic devices.

Basic security (SGB XII)

Income and assets of individuals entitled to basic security:

•  Individuals are entitled to basic security only if they have a need. If the need

for basic security is able to be covered by the individual s income and assets, the social welfare office does not provide basic security. Assets are protected up to an amount of EUR 2,600.

Income of parents:

•  Individuals are not entitled to basic security if the annual total income

Part V: Disability identi

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cation card (SGB IX)

•  The disability identification card is normally issued by the pension office.

In some German states, the responsibilities of the pension offices have been taken over by cities and districts.

•  The disability identification card entitles holders to claim certain types of

compensation for being disadvantaged (e.g. tax relief or free use of public transportation).

•  The requirements for the issuance of the card and some of the types of

compensation for being disadvantaged are set down in sections 68 et seq. of Social Code IX.

Disability identi

fi

cation card (SGB IX)

•  Foreigners can receive a disability identification card if they reside or work

in Germany lawfully.

•  This applies, e.g. to EU citizens and to foreigners who have a visa,

a renewable residency permit, or a permanent residency permit.

•  Asylum seekers who have a temporary residency permit may also receive

Disability identi

fi

cation card (SGB IX)

measured according to the German Pension Medical Ordinance (Versorgungsmedizinverordnung, VersMedV)

•  If the GdB is at least 50%, this is considered to be severe disability,

and a disability identification card is issued.

Disability identi

fi

cation card (SGB IX)

G the cardholder is substantially impaired in his or her mobility in public aG the cardholder is extremely impaired in his or her mobility

H the cardholder is helpless, in that he or she requires constant assistance from others

B the cardholder is entitled to take along an escort Bl the cardholder is blind

Gl the cardholder is deaf or substantially hard of hearing, accompanied by severe speech impediments

Disability identi

fi

cation card (SGB IX)

Overview of several types of compensation for being disadvantaged:

Free public transportation

•  for cardholders with code G, aG, H, or Gl

•  by purchasing a ticket costing EUR 72 annually;

the ticket is free for codes H and Bl

Free transportation for an escort

•  for cardholders with code B

Disability identi

fi

cation card (SGB IX)

Reduction of or exemption from the radio and television licence fee

Legal situation until 31 December 2012: Until that time, cardholders with code RF and individuals drawing class II unemployment benefits or basic security under Social Code XII were fully exempt from the radio and television licence fee.

Legal situation since 1 January 2013: The fee for each home is € 17.98 per month.

Full exemption can be applied for by:

•  deaf-blind individuals and recipients of assistance for the blind, as well as

•  recipients of class II unemployment benefit or basic security under

Social Code XII

Reduction to one third (€ 5.99 per month) can be applied for by:

•  blind or visually impaired individuals with a GdB of at least 60, and

Part VI: Tax relief (German Income Tax Act [EStG],

German Vehicle Tax Act [Kra

ft

StG])

•  Tax relief is granted by the tax office. It serves to compensate for special

burdens related to disability.

•  Tax relief for disabled people is dealt with, in particular, in the German

Income Tax Act (EStG) and the German Vehicle Tax Act (KraftStG).

•  Normally, a certain degree of disability or a certain code in the disability

Tax relief (EStG, Kra

ft

StG)

•  Foreigners who maintain their residence

in Germany are obligated to pay income tax. •  If they own a vehicle, they must also

pay vehicle tax.

•  If they have a disability identification card

with the necessary codes, they can obtain tax relief under the same requirements as for German citizens.

Tax relief (EStG, Kra

ft

StG)

Purpose:

Simplified assertion of impairments that are typically associated with a disability (e.g. increased need for laundry)

Amount:

•  from € 310 to € 1,420, depending on GdB

•  € 3,700 for blind and helpless individuals

In addition to the flat-rate allowance, the following is also deductible:

•  Costs for private travel

•  Illness costs Assignability:

Tax relief (EStG, Kra

ft

StG)

Purpose:

Simplified assertion of impairments that are associated with the domestic care of a helpless individual

Requirements:

•  domestic care

•  care must be given by family members

•  care must be given at least 36 days per year

•  the individual in need of care must be helpless (code H or care level III)

•  caregiver may not receive any income for the care

Tax relief (EStG, Kra

ft

StG)

Vehicle tax relief (KraftStG)

Exemption from tax

•  fully exempt are vehicles of severely disabled individuals who are

–  helpless ( H ) or

–  blind ( Bl ) or

–  extremely impaired in their mobility ( aG )

Tax relief

•  tax is reduced by 50% for severely disabled individuals who

–  are substantially impaired in their mobility ( G ), or

–  deaf ( GI ), provided they

–  have waived the right to free public transportation

The vehicle may be used only for travel that serves the disabled individual s

Part VII: How do I get further information?

www.bvkm.de

Legal guides available for free download on the following topics: •  My child is disabled – here s where you can get help

•  My child is disabled – here s where you can get help in Turkish-German

•  My child is disabled – here s where you can get help in Arabic-German

•  My child is disabled – here s where you can get help in Vietnamese-German

•  Turning 18 with a disability – what changes occur upon reaching full age?

•  Tax information sheet for families with disabled children

•  Child benefits for adult individuals with a disability

•  Information sheet on basic security