Social assistance; applying for basic income support in old age and in the event of reduced earning capacity

Basic income support in old age and in the event of reduced earning capacity is a social welfare benefit. It secures the livelihood of people who are no longer able to work due to old age or permanent full reduction in earning capacity and whose income is not sufficient to cover their necessary living expenses. The amount and scope of the basic income support are comparable to the subsistence assistance of social welfare. Personal income and assets are offset against the basic income support. Basic income support must be applied for and takes precedence over subsistence assistance.

Elderly and permanently fully disabled persons with a habitual residence in Germany are entitled to basic income support in old age and in the event of reduced earning capacity if they are in need.

They are entitled to benefits:

• Persons who have already reached the relevant age limit for statutory pension insurance (currently between 65 and 67 years of age).
• Persons who have already reached the age of 18 but have not yet reached the age limit if they are permanently fully incapacitated for work or if they are undergoing the entry procedure or vocational training in a workshop for disabled people or are in a training relationship for which they receive a budget for training.

A permanent full reduction in earning capacity always exists if the ability to work is reduced due to illness or disability, so that the person is unable to work at least 3 hours a day under the usual conditions of the general labor market for an unforeseeable period of time (reduced earning capacity pension). The determination of permanence presupposes that it is unlikely that the reduction in earning capacity can be remedied.

The basic income support is dependent on need and corresponds to the level of subsistence assistance under social assistance. Therefore, own income and assets are also taken into account as in the case of assistance for living expenses.

Dependent children or parents with an annual income of up to and including EUR 100,000 do not have to pay if their relatives claim basic income support. The obligation of heirs to reimburse costs is also waived.

Furthermore, the presumption under social welfare law that a person living in a household with relatives or in-laws receives benefits for living expenses from these persons does not apply to the basic income support. In particular, disabled people with a permanent full reduction in earning capacity, who often live with their parents or other relatives, receive independent material security for their livelihood through the basic income support.

Processing of basic benefits in old age and for the permanently fully disabled:

• Letters A - De, Kei - Koj (Room 407): +(49) 09131 / 86 - 1823
• Letters Df - Hn (Zi. 407): +(49) 09131 / 86 - 2065
• Letters Ho - Keh, Kok - Koz (Room 404): +(49) 09131 / 86 - 3349
• Letters Lei - N (Room 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 entitled to benefits under the following conditions:

• Reaching the age limit for the standard old-age pension
  or
  permanent full reduction in earning capacity from the 18th birthday, irrespective of the respective labor market situation. It is not necessary to already be receiving a reduced earning capacity pension; a permanent full reduction in earning capacity can also be determined by the pension insurance fund on behalf of the social welfare provider.
  People with disabilities are generally considered to be fully incapacitated for work as long as they are undergoing the entry procedure or the vocational training area of a workshop for people with disabilities or are employed there in the work area.
  and
• it is not possible to cover their living expenses from their own income and assets. The income and assets of the spouse or partner who is not living separately are also taken into account if they exceed their own needs,
  and
• there are no dependants with a total annual taxable income of more than EUR 100,000 (so-called maintenance recourse). If parents are liable to pay maintenance to their child, their joint income is taken into account; if children are liable to pay maintenance to their parents, this income limit applies to each individual child.

Persons who have caused their neediness intentionally or through gross negligence in the last 10 years are not entitled to benefits .

In contrast to other social welfare benefits, basic security benefits in old age and in the event of reduced earning capacity are only granted on application. You must submit the application to the social welfare office responsible for your usual place of residence together with the necessary documents.

The responsible office will examine your application. You will receive a corresponding notification of the result (approval or rejection notice).

Basic income support is generally approved for 12 calendar months.

Initial approval: Payment begins on the first of the month in which the application was made or in which the conditions (e.g. reaching retirement age) were met and notified.

Change: Changes in favor of the beneficiary are taken into account from the first 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 of the following month.

After receipt of unemployment benefit II (Hartz IV), payment begins on the first of the following month.

Duration of approval
Basic security benefits in old age and in the event of reduced earning capacity are generally granted for one year.

Basic income support for people living abroad
A prerequisite for receiving basic security benefits in old age and in the event of reduced earning capacity is that the beneficiary has their habitual residence in Germany. Vacation trips or visits to relatives abroad do not prevent this, as long as the stay abroad lasts less than 4 weeks. Anyone who stays abroad for longer than 4 weeks without interruption will not receive basic income support benefits until they can provide proof of their return (§ 41a SGB XII).

The deadlines set by the social welfare office for the submission of documents must be adhered to. If you are unable to do so for understandable reasons, you must apply for an extension of the deadline. Otherwise, the social welfare office may refuse to pay you benefits because you have failed to comply with your statutory obligations to cooperate.

Furthermore, there is an appeal period if you do not agree with the decision - not only with the rejection decision, but also with the approval decision (amount of the resulting benefit entitlement). This deadline must be adhered to, as the decision becomes final after the objection period has expired.

The processing time depends on the individual case.

• Identity card, passport or residence permit (copy)
• If applicable, proof of permanent full reduction in earning capacity (copy)
• Declaration of assets and income
  
  • Kontoauszüge aller geführten Konten der letzten 6 Monate mit abschließendem Kontostand (Kopie)
  • bei Haus- und Grundeigentum: Kopie des Einheitswertbescheides und der Brandversicherungsurkunde
  • ggf. Kopie des Bescheids der Pflegeversicherung (Kopie)
  • ggf. Bescheid über Arbeitslosengeld I oder II, Unterhaltshilfe nach Lastenausgleichsgesetz, Versorgungsbezüge nach Bundesversorgungsgesetz usw. (Kopie)
  • ggf. Rentenbescheid (Kopie)
  • ggf. Beitragsbescheid der Krankenkasse (Kopie)
• Rental agreement
  und ggf. letztes Mietererhöhungsschreiben (Kopie)
• in case of guardianship: guardian's certificate (copy)
• Power of attorney, if applicable
• The competent authority may request further documents.

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