BSG: Persons in need of care are not excluded from living group surcharge

BSG: Persons in need of care are not excluded from living group surcharge

Kassel (jur). This also applies to the care of several people in a large family, judged on February 18, 2016 by the Federal Social Court (BSG) in Kassel (ref .: B 3 P 5/14 R). However, the surcharge does not serve to increase normal care or remuneration for purely family benefits, but is only intended for additional expenses for living together.

According to the statutory provisions, people in need of care in outpatient residential groups can claim a flat-rate surcharge of EUR 205 per month "for the purpose of jointly organized care provision". At least three and a maximum of twelve people must live in the residential group. At least three of them must be in need of care.

The case now decided was about a woman in need of care, born in 1927, who lives together with her husband, who is also in need of care, her disabled son and other children, full-time grandchildren and her daughter-in-law. The inhabited agricultural courtyard served as a "multi-generation house" for the residential family.

The family members had closed units, the kitchen was shared. The care of the applicant, her husband and the disabled son was provided by the daughter-in-law, supported by an outpatient care service.

Since the extended family lives together across generations and the daughter-in-law was responsible for care, the plaintiff claimed from the German pension insurance company Knappschaft-Bahn-See the flat-rate surcharge for assisted living arrangements. According to the law, families who live together and manage care are not excluded from the supplement.

The Bahn-See miners refused to pay. With the supplement, the legislator wanted to promote home care in new forms of living. However, the service is not there to top up family care services. Rather, the surcharge serves to finance a “presence or coordination force”. In addition to care, this should organize and manage communal living.

The BSG ruled that family associations are not generally excluded from the award, so that there is also no unconstitutional disadvantage of families. The supplement should not, however, increase home care. The money is intended to be used for the members of the residential group to commission a specific person to organize and manage living together beyond care. Your task must be clearly differentiated from individual care and family responsibilities.

In the present case, this did not happen, so that there is no entitlement to the living group surcharge. fle / mwo

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