Social Assistance; Applying for Basic Income Support for the Elderly and for Those with Reduced Earning Capacity

Basic Income Support for the Elderly and Persons with Reduced Earning Capacity is a social assistance benefit. It provides a livelihood for people who can no longer work due to old age or a permanent, total loss of earning capacity, and whose income is insufficient to cover their basic living expenses. The amount and scope of basic income support are comparable to the cost-of-living assistance provided by social assistance. Personal income and assets are taken into account when determining basic income support. Basic income support must be applied for and takes precedence over cost-of-living assistance.

Older individuals and those with a permanent, total incapacity for work who have their habitual residence in Germany are eligible for basic income support in old age and in cases of incapacity for work, provided they are in need.

The following are eligible for benefits:

• Individuals who have already reached the applicable age limit under the statutory pension insurance system (currently between 65 and 67 years of age).
• Persons who have already reached the age of 18, but have not yet reached the retirement age, provided they are permanently and fully incapacitated for work, or if they are participating in the initial assessment process or vocational training program at a workshop for people with disabilities, or are in an apprenticeship for which they receive a training allowance.

A permanent and total reduction in earning capacity exists whenever a person’s ability to work is reduced due to illness or disability to such an extent that they are unable, for an indefinite period, to work at least 3 hours per day under the usual conditions of the general labor market (reduced earning capacity pension). Determining that the impairment is permanent requires that it be unlikely that the reduced earning capacity can be remedied.

Basic income support is means-tested and corresponds in amount to the subsistence allowance provided under social assistance. Therefore, personal income and assets are also taken into account, just as they are for the subsistence allowance.

Children or parents who are obligated to provide support and have an annual income of up to and including 100,000 EUR each are not required to cover the costs if their relatives receive basic income support. There is also no obligation for heirs to reimburse costs. It is presumed that persons obligated to provide support do not exceed this annual income limit.

Furthermore, the presumption under social assistance law—that a person living in the same household as relatives or in-laws receives support for their livelihood from these individuals—does not apply to basic income support. In particular, people with disabilities who have a permanent, full reduction in earning capacity—and who often live with their parents or other relatives—receive independent financial support for their livelihood through basic income support.

Case Management for Basic Income Support for the Elderly and for Persons with a Permanent Full Disability:

• Letters A–De, Kei–Koj (Ref. 407): +(49) 09131 / 86 - 1823
• Letters Df – Hn (Ref. 407): +(49) 09131 / 86 - 2065
• Letters Ho – Keh, Kok – Koz (Ref. 404): +(49) 09131 / 86 - 3349
• Letters Lei – N (line 406): +(49) 09131 / 86 - 1580
• Letters O – Schm (Room 406): +(49) 09131 / 86 - 2881
• Letters Schn – Te, Kp – Kun (Room 405): +(49) 09131 / 86 - 1979
• Letters Tf – Z, Kuo – Leh (Room 405): +(49) 09131 / 86 - 1581

People with habitual residence in Germany are eligible for benefits under the following conditions:

• Reaching the age requirement for the standard old-age pension
  or
  have a permanent, full reduction in earning capacity as of their 18th birthday, regardless of the current labor market situation. It is not necessary to already be receiving a disability pension; the permanent, full reduction in earning capacity may also be determined by the pension insurance agency on behalf of the social assistance agency.
  People with disabilities are generally considered to have a full capacity for work as long as they are undergoing the initial assessment process or vocational training at a workshop for people with disabilities, or are employed in the workshop’s work area. 
  and
• it is not possible to cover living expenses from one’s own income and assets. The income and assets of a spouse or domestic partner with whom the applicant lives are also taken into account if they exceed that person’s own needs.
  
  

Persons who have caused their own need intentionally or through gross negligence within the last 10 yearsarenot eligible for benefits.

Unlike other social assistance benefits, basic income support for the elderly and those with reduced earning capacity is granted only upon application. You must submit the application, along with the required documents, to the social welfare office responsible for your usual place of residence.

The responsible agency will review your application. You will receive a notice informing you of the decision (either approval or denial).

Basic income support is generally granted for 12 calendar months.

Initial Approval:Payments begin on the first day of the month in which the application was submitted or in which the eligibility requirements (e.g., reaching retirement age) were met and reported.

Change:Changes that benefit the eligible person take effect as of the first day of the month in which the change occurs or is reported. If the beneficiary receives fewer benefits as a result of the change, the new approval period begins on the first day of the following month.

After receiving Unemployment Benefit II (Citizen’s Income), payments begin on the first day of the following month.

Duration of Approval
Benefits under the Basic Income Security Program for the Elderly and for Persons with Reduced Earning Capacity are typically granted for one year.

Basic Income Support During Stays Abroad
One requirement for receiving basic income support for the elderly and those with reduced earning capacity is that the beneficiary has their habitual residence in Germany. Vacation trips or visits to relatives abroad do not preclude this, as long as the stay abroad lasts less than 4 weeks. Anyone who stays abroad for more than 4 consecutive weeks will not receive basic income support benefits until their return is verified (§ 41a SGB XII).

You must meet the deadlines set by the social services office for submitting documents. If, for valid reasons, you are unable to do so, you must request an extension. Otherwise, the social services office may deny you benefits due to your failure to comply with your legal obligation to cooperate.

Furthermore, there is an appeal period if you disagree with the decision—not only in the case of a denial but also in the case of an approval decision (regarding the amount of benefits to which you are entitled). It is essential to meet this deadline, as the decision becomes final once the appeal period has expired.

The processing time depends on the specific case.

• Identification card, passport, or residence permit (copy)
• If applicable, proof of permanent total disability (copy)
• Statement of Assets and Income
  
  • Bank statements for all accounts held over the past 6 months, showing the closing balance (copy)
  • For homeowners and property owners: a copy of the assessed value notice and the fire insurance certificate
  • If applicable, a copy of the long-term care insurance notice (copy)
  • If applicable, notice regarding Unemployment Benefits I or II, spousal support under the Act on the Equalization of Financial Burdens, pension benefits under the Federal Pension Act, etc. (copy)
  • If applicable, pension notice (copy)
  • If applicable, health insurance premium notice (copy)
• Lease Agreement
  and, if applicable, the most recent rent increase notice (copy)
• For caregivers: Caregiver ID (copy)
• Power of attorney, if applicable
• The competent authority may request additional documents.

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