Assistance for the blind and Landesblindengeld

These are two separate benefits with different legal bases. Landesblindengeld is based on the Landesblindengeldgesetz of the respective federal state, is as a general rule not dependent on income and assets, and is paid, depending on the state, by the Versorgungsamt, the Sozialamt or another state body. Assistance for the blind under § 72 SGB XII, by contrast, is regulated under federal law, is provided by the Sozialamt, and requires under § 19 Abs. 3 SGB XII that raising the funds from your income and assets “cannot reasonably be expected” of you. The two are connected: § 72 Abs. 1 grants assistance for the blind only “insofar as they do not receive equivalent benefits under other legal provisions” – Landesblindengeld is such a benefit and is therefore offset.

Caution is called for here, because the figure in the law is misleading. § 72 Abs. 2 SGB XII reads: “Assistance for the blind amounts to, until 30 June 2004, €585 a month for blind persons after reaching the age of 18; for blind persons who have not yet reached the age of 18, it amounts to €293 a month. It changes at the same time and to the same extent as the current pension value in the statutory pension insurance scheme changes.” These amounts are therefore a starting value from 2004, which has since been updated with every pension adjustment – the amount applicable today is considerably higher and does not appear anywhere in the text of the law. Anyone who takes the €585 as today's figure is calculating too low. Ask for the applicable amount at the Sozialamt or at the association for the blind and visually impaired.

This cannot be stated on a nationwide basis – and any figure that claims otherwise applies to a particular federal state or a particular year. Landesblindengeld is based on state law, and the rates differ considerably between the states, in some cases by a multiple; the requirements and the competent body are just as varied. Therefore ask the competent body in your state for the currently applicable amount or – often faster and more reliably – the association for the blind and visually impaired in your state; the associations advise free of charge and know the rates, including adjustments, in detail. While you are at it, also ask about any allowance for the visually impaired and about increased rates for deafblindness.

The Versorgungsamt – not the Sozialamt and not the body that pays later. In the procedure under the law on severely disabled persons, it determines the disability code Bl, and this notice is the basis for both benefits. If no procedure is under way yet, submit the application in parallel with everything else: it takes time, because ophthalmological findings are obtained and evaluated. Enclose any existing documents – visual acuity, visual field findings, progress reports – straight away; this noticeably shortens the procedure. Important for the borderline case: under § 72 Abs. 5 SGB XII, persons “whose binocular overall visual acuity does not exceed one-fiftieth”, or who have visual impairments of comparable severity that are not merely temporary, are treated in the same way as blind persons.

Yes, you should have both checked – even though in the end usually only one payment flows. Because Landesblindengeld is an equivalent benefit within the meaning of § 72 Abs. 1, as a general rule only the difference remains: if the state rate is below the amount of assistance for the blind, the difference can be applied for at the Sozialamt – there, however, with the assessment under § 19 Abs. 3 SGB XII. Especially in states with low state rates, an entitlement is therefore often left over that no one raises of their own accord. Apply for Landesblindengeld first, because it generally does not require a means test, and then have assistance for the blind checked. And do not be put off by your income: the standard is reasonableness, not the classic means test.

Two levels must be distinguished. Under federal law, § 72 Abs. 5 SGB XII places on an equal footing with blind persons those “whose binocular overall visual acuity does not exceed one-fiftieth, or who have visual impairments of comparable severity to this visual acuity that are not merely temporary” – anyone who reaches this threshold can be considered for assistance for the blind, even without complete blindness. Anyone who does not reach it but has a severe visual impairment can additionally receive a state benefit: several states pay an allowance for the visually impaired at a lower amount, some do not have it at all, and increased rates for deafblindness vary just as much. Ask specifically about this – it is rarely pointed out on its own.

Yes. § 72 Abs. 1 SGB XII provides that benefits for home care under SGB XI must be offset against assistance for the blind, to an extent graduated by care grade. The exact calculation depends on the care grade and on the type of care benefit received – have this calculation broken down in the notice rather than estimating it yourself. Also important is § 72 Abs. 4 SGB XII: under this, “alongside assistance for the blind … care assistance on account of blindness under the Seventh Chapter outside residential institutions … is not granted”. So the two do not exist side by side. State all ongoing care benefits in the application – if concealed, they lead to recovery of overpayments.

Assistance for the blind is reduced, but not immediately and not completely. Under § 72 Abs. 3 SGB XII, it is reduced, in the case of a stay in a residential institution, by the costs borne from public funds – but by no more than 50%. The reduction also only takes effect from the second month after admission, so the month of admission remains unaffected. And in the case of temporary absence of more than six days, payment continues on a pro rata basis – for example during a longer stay at home or in hospital. Therefore report admission, discharge and longer absences to the Sozialamt in each case: both can work in your favour, but are only taken into account if they are known.

The association for the blind and visually impaired in your federal state. On this subject, that is the most reliable first step, because rates, requirements and responsibilities differ so much between the states that general information is of little value – the associations know the current figures, know which body is responsible in your state, and advise free of charge. In parallel, clarify the disability code Bl at the Versorgungsamt, without which neither benefit can be considered. Only after that is it worth going to the paying body – but then with proof, with the right address, and with the knowledge of which of the two benefits is even relevant for you.