Chapter XI: Guaranteeing sufficient
resources Chapter XI: Guaranteeing sufficient
resources
1. General Non-Contributory Minimum
DesignationSozialhilfe (Social Aid).
Applicable
statutory basisLaw of 30 June 1961: Bundessozialhilfegesetz (BSHG); amendment dated 23.7.1996 (came into force 1.8.1996).
GoalTo enable the recipients who are unable to support themselves to enjoy a reasonable standard of living and to place them in a position to live independently of social assistance.
Legal qualificationSubjective right, non-discretionary.
PrincipleDifferential amount.
Entitled personsIndividual or independent family unit.
General conditionsUnlimited, until circumstances no longer require it.
Nationals; citizens of the signatory countries to the Social Security agreement (e.g. all EU Member States), persons granted political asylum; other foreigners (with restrictions). Rules for benefits for asylum seekers, civil war refugees and foreigners with enforceable need to emigrate determined according to the law on asylum seekers' benefits (Asylbewerberleistungsgesetz).
Reside in the country; Germans normally residing abroad may, in certain emergency cases, be granted social assistance.
No age condition; minors can claim on their own right.
Persons capable of working must be prepared to carry out all work offered to them, within reason.
Claims on other social benefits and relating to persons obliged to pay maintenance have to be exhausted. Exceptions: e.g. child-raising allowance (Erziehungsgeld), rent allowance (according to the Bundesversorgungsgesetz).
Dependent on income and assets (certain exonerations).
Guaranteed MinimumBenefits are generally granted depending on circumstances, sometimes at a basic rate (Regelsatz) which is calculated on the basis of statistics on household expenses of lower-income groups. In addition, there are regular allowances for housing and heating, among others. Supplementary benefits in cases of special need.
The rate is set by the Länder.
The basic rate (Regelsatz) varies between DEM 514 (EUR 263) and DEM 540 (EUR 276) according to the Land (situation as of 1 July 1997).
The income and assets of claimant and spouse who share a household; for unmarried minors living at home, account is also taken of parents' income and assets. Persons living in a quasi-marital partnership may not be better off than spouses.
All income, including other social benefits such as, for example, child benefit Kindergeld (exceptions: see "exhaustion of other claims").
Guaranteed amountsAssistance covering living expenses (Hilfe zum Lebensunterhalt):
Regular benefit payments (Regelsätze) in varying amounts for single persons or heads of household, husbands or wives and children (depending on their age).
Supplements (Mehrbedarfszuschläge) for certain groups (e.g. single parent families, pregnant women etc.)
Allowances for housing and heating.
Exceptional benefit payments for clothing, large households and other necessities.
Assistance in special circumstances (Hilfe in besonderen Lebenslagen: e.g. sickness allowance, integration allowances for the disabled, nursing allowance or payments to assist in resolving certain social difficulties.
Each member of the family is entitled to claim social assistance in his/her own right. The total amount increases with the size of the family. Because social assistance has second priority child benefit will be offset as income against social assistance. Family allowance (Erziehungsgeld) is granted in addition to social assistance benefits.
Average needs within the framework of assistance covering living expenses (basic rate Regelsatz, exceptional payments, supplements Mehrbedarfszuschlag for single parents) in the old Länder (as of 1.1.1999) without taking account of the cost for housing.
Single person: DEM 625 (EUR 320)
Couple without children: DEM 1,129 (EUR 577)
Couple with one child: DEM 1,548 (EUR 791)
Couple with 2 children: DEM 1,967 (EUR 1,006)
Couple with three children: DEM 2,386 (EUR 1,220)
Single parent family with one child (below the age of 7): DEM 1,196 (EUR 612)
Single parent family with 2 children (8 and 10 years old): DEM 1,681 (EUR 859)
In addition social assistance provides as a rule for the real costs for housing and heating. Housing benefit will be offset against this. Average additional amounts in the old Länder (as of 1.1.1999):
1 person: DEM 535 (EUR 274)
2 persons: DEM 717 (EUR 367)
3 persons: DEM 838 (EUR 428)
4 persons: DEM 918 (EUR 469)
5 persons: DEM 1,011 (EUR 517).
The basic amount (Regelsätze) varies according to the age and the beneficiary's position in the household:
100% reference amount (Eckregelsatz) for the head of the household as well as for a person living alone.
50% for child aged under 7.
55% for child aged under 7 who lives with one person who is solely responsible for upbringing.
65% for child aged 7 - 14 .
90% for child aged 14 - 18.
80% for adult members of the household.
RecoveryRecovery from recipient is principally excluded. An exception is made for culpable conduct (e.g. if the recipient is guilty of a criminal offence, committed either intentionally or negligently).
Recovery is possible in cases where the recipient is under obligation to make maintenance payments (divorced or separated spouses, children, parents).
IndexationAdjustment is reviewed on 1 July each year based on the respective statistical annual changes to the net income, consumer practices and the cost of living.
Limited increase for period between 1 July 1996 and 30 June 1999 on grounds of the Law of social assistance reform.
Measures stimulating
social and professional integrationA part of the earnings from work is not taken into account for the calculation of social assistance payments.
It is possible to pay a benefit for 12 months to recipients of social aid who take up an employment as encouragement for them to take up a new job.
Help to take up work (Hilfe zur Arbeit):
In order to encourage people to take up work it is possible to offer an employer allowance or other appropriate means (e.g. hiring-out of labour or temporary employment contracts).
Creation of jobs as regular employment relationships (employment contracts which are liable to social insurance - social assistance fund may cover the costs), creation of additional jobs and jobs which are of benefit to the public (employment relationships subject to social insurance legislation or compensation for additional expenditure without employment contract). Co-operation with the labour offices. In case the beneficiary refuses to take up reasonable work, the standard allowance shall be reduced imperatively by 25%.
Counselling and support should help to prevent and overcome the need of social assistance.
Associated rightsComprehensive protection in case of sickness. Benefit covering insurance contributions or direct payment of health services (doctor, hospital, etc.).
Costs for adequate housing and heating are completely covered; housing benefit (including flat-rate allowances) is taken into account.
Number of
beneficiariesAt the end of 1997, 2.51 million persons (not in institutions) in the old Länder received assistance covering living expenses and 816,492 persons (inside or outside of institutions) received assistance in special circumstances.
At the end of 1997 in the new Länder, 382,000 persons (not in institutions) received assistance covering living expenses and 132,881 persons (inside or outside of institutions) received assistance in special circumstances.
CostsProvisional figures for 1996:
Old Länder: DEM 39,000 million (EUR 19,940 million).
New Länder: DEM 5,500 million (EUR 2,810 million).
2. Specific Non-Contributory Minima
I.Old ageNo special scheme, covered by the general minimum.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
II.InvalidityNo special scheme, covered by general minimum.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
III. UnemploymentNo special scheme of a non-contributory minimum.
Covered by benefits listed in law on employment creation measures (SGB III) (see Table X "Unemployment") or by the general social assistance scheme (see above).
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
IV.
Singleparent familiesNo special scheme, covered by the general scheme of social assistance.
Increase of the normal maintenance allowance rate of social assistance (laufende Leistungen zum Lebensunterhalt) with regard to special needs of single parents.
Single parents who are receiving assistance covering living expenses and are bringing up a child under 7 years or at least two children under 16 years.
Income below the ceiling for social assistance.
Supplement (Mehrbedarfszuschlag) of 40% (or 60% in case of four or more children under 16 years) to the standard rate (Regelsatz) of assistance covering living expenses (laufende Hilfe zum Lebensunterhalt).
Monthly average (basic amount, supplements, exceptional benefit, housing and heating allowances), as at 1.1.1999:
Single-parent family with one child under the age of 7: DEM 1,913 (EUR 978).
Single-parent family with two children aged between 7 and 13: DEM 2,519 (EUR 1,288).
See general conditions for social assistance, above.
At the end of 1997, 335,323 single-parent families received assistance covering minimum living expenses (Hilfe zum Lebensunterhalt). 286,327 of these single-parent families were in the old Länder.
75% local authorities
25% Länder.
V.Other
specific non contributory minimaBenefits for blind civilians:
In most Länder, blind civilians are granted an allowance which is not income dependent, to enable them to pay for the special care they require. The amount of benefit varies in the different Länder. It equals between DEM 650 (EUR 332) and DEM 1,068 (EUR 546) per month.
Federal legislation on allowances for a parent who stays at home to look after a young child: (Bundeserziehungsgeldgesetz).
Federal legislation on grants for further education (Bundesausbildungsförderungsgesetz).
Law on housing allowances (Wohngeldgesetz).
3. Minima in Contributory Schemes
I.Old ageThere is no minimum in the general contributory scheme for old-age pensions.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
II.SurvivorsNo contributory minimum.
See Table VII "Survivors".
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
III. InvalidityNo minimum in the contributory pension scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
IV. UnemploymentNo minimum of the unemployment insurance allowances. Amounts depend on earnings. See Table X "Unemployment".
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.