Is integration assistance still in SGB XII?
No. With the Federal Participation Act it moved on 1 January 2020 into Part 2 of SGB IX. That is more than a renumbering: integration assistance was removed from the welfare logic of social assistance and shaped as an independent participation right. In practice that means: its own determination of needs using standardised instruments, its own planning procedure with a participation and overall plan, and its own, markedly more favourable rules on income and assets. Guides that still cite §§ 53 ff. SGB XII are describing the legal position before 2020 – always check the date on older texts.
Who is responsible?
The integration assistance institution – and who that is, is determined by each federal state itself. In several states it is a supra-local institution – a Landschaftsverband, a Bezirk or a Landeswohlfahrtsverband – in others the district or the independent city. The information commonly given, “the Sozialamt deals with that”, is therefore not correct everywhere, and an application to the wrong body costs weeks, even if it has to be forwarded. Clarify jurisdiction in advance at the Bürgerservice, at an EUTB advice centre or at a disability association – that is the fastest way and costs one phone call.
How much income and assets am I allowed to have?
Markedly more than in social assistance – and that is one of the most important points of the reform. Since the Federal Participation Act, integration assistance has been subject to its own rules in SGB IX that are considerably more generous than those of SGB XII: neither the protected assets threshold of €10,000 nor the income assessment of social assistance can be carried over. Anyone who assesses their chances by the standards of social assistance therefore systematically underestimates them and may not submit an application at all. Because the calculation depends in detail on the type of benefit, marital status and the specific situation, advice is especially worthwhile here – the EUTB is free of charge for this and independent of the benefit institution.
What happens in the application procedure?
After the informal application, the institution first clarifies its jurisdiction – SGB IX has its own, short deadlines for this. Then follows the determination of needs using a standardised instrument of the federal state: a lengthy conversation in which it is established, for every area of life, what support you need – living, work, education, mobility, social contacts, health care. The result feeds into the participation and overall plan, in which goals, benefits and participants are recorded in writing. You are to be involved in this, not merely informed: read the plan before signing it, insist on your goals and have a copy given to you.
What is the personal budget?
An alternative to the benefit in kind: instead of the institution assigning services to you, you receive an amount of money (or vouchers) and organise the support yourself – you therefore choose who assists you, when and how. The gain is self-determination; the price is administrative effort, because you effectively become the commissioning or even employing person and must account for the spending. For some people this is the decisive improvement, for others it is overwhelming. Have both options explained to you before committing, and ask about support services for managing the budget – in many places there is assistance with the assistance.
Do I need a severely disabled person's card?
Not necessarily. What matters is whether a disability within the meaning of SGB IX exists and a need for participation follows from it – the card is a means of evidence, but not a requirement for entitlement. In practice, however, it makes the examination considerably easier because it documents the determination made by the Versorgungsamt. If you do not yet have one and might meet the requirements, a parallel application to the Versorgungsamt is worthwhile – not least because further rights depend on it, such as compensation for disadvantages in working life and in tax matters. Do not, however, delay your application for integration assistance until the card arrives.
What does integration assistance cover?
A broad range organised by areas of life: assistance services in everyday life – from support by the hour to comprehensive assistance – benefits for participation in working life, including workshops for persons with disabilities and alternatives such as the budget for work, benefits for participation in education, for example a school support assistant or support during studies, benefits for social participation for leisure, contacts and mobility, and support with housing in various forms. What comes into consideration in your case follows from the determination of needs – so describe as concretely as possible what is denied to you in everyday life.
What do I do if I am refused?
Demand the written notice with a statement of reasons and lodge an objection within one month; one sentence is enough to meet the deadline, and you can submit the reasoning afterwards. Base your argument on the need for participation, not on the diagnosis: which goal is missed without the benefit, and why is what was offered not sufficient? Also request the determination of needs and the overall plan and check whether your statements are correctly recorded there – the error is often already there. The EUTB and disability associations offer support free of charge; with a low income, Beratungshilfe (advisory assistance for people on low incomes) with a personal contribution of €15.00 may be available for advice from a lawyer.
