Baden-Württemberg State Social Court, 26/09/2012, Ref.: L 2 SO 1378/11
Pursuant to Section 53 para. 1 SGB XII, persons who are significantly restricted in their ability to participate in society due to a disability as defined in Section 2 para. 1 sentence 1 SGB IX or who are at risk of such a significant disability can receive integration assistance benefits if and for as long as there is a prospect that the task of integration assistance can be fulfilled due to the specific nature of the individual case, in particular the type or severity of the disability.
People with other physical, mental or psychological disabilities can also receive integration assistance.
According to Section 2 (1) SGB IX, people are disabled if their physical function, mental ability or mental health is likely to deviate from the typical condition for their age for more than six months and their participation in society is therefore impaired.
Integration assistance services can therefore be divided into the following areas:
- Integration assistance services for people with physical/mental disabilities
- Integration assistance services for people with mental/emotional disabilities
- Integration assistance services for people suffering from addiction
- Integration assistance benefits without differentiation by type of disability
In the above-mentioned case of the Baden-Württemberg State Social Court, the question was whether the defendant district had to finance a car for a woman with multiple mental and physical disabilities, which the woman's mother wanted to use for her transport.
Introduction to the Case
The plaintiff, born in 1988 and severely mentally and physically disabled in several ways, submitted an application to the responsible district in January 2006, represented by her mother, for assistance with the purchase and conversion of a motor vehicle to make it suitable for the disabled. Due to her disabilities, she was unable to see or speak and suffered from therapy-resistant epilepsy and scoliosis. She had been living with her mother, who cared for her, for 10 years. As public transport was not accessible to the disabled, the claimant was unable to use it.
Rejection by the district
The defendant district rejected the application on the grounds that there was no need for a vehicle of one's own. It was not the task of social welfare to guarantee a minimum social standard and non-disabled people also had to manage without their own vehicle. In addition, there was a transport service for severely disabled people that was sufficient to cover the applicant's needs. The plaintiff's mother could use the transport service for the disabled and the statutory health insurance funds for visits to the doctor. Furthermore, the assistance should only directly benefit the disabled person and not give the family an advantage.
Decision of the social court
The claimant took legal action against this rejection before the Freiburg Social Court and was upheld. The Social Court ruled that the claim for integration assistance pursuant to Sections 53 et seq. SGB XII in conjunction with the Integration Assistance Ordinance. The district had not sufficiently examined the plaintiff's request and had incorrectly assessed the need for transport services for the disabled. During a hearing, the defendant even admitted that it did not know how many vehicles were available for authorised persons. The district's decision was deemed to be an error of judgement.
Judgement of the State Social Court of Baden-Württemberg
The Baden-Württemberg Regional Social Court confirmed the judgement of the Freiburg Social Court and dismissed the district's appeal. It clarified that the claimant's entitlement to integration assistance pursuant to Sections 53 et seq. SGB XII was justified. The main aim of integration assistance is to alleviate disabilities and promote integration into society. This also includes participation in public and cultural life. The purchase of a vehicle suitable for the disabled was not tied to the applicant having to use the vehicle on a daily basis. Furthermore, it is irrelevant that the vehicle is driven by the applicant's mother, as it is primarily intended to benefit the disabled person.
Source: State Social Court of Baden-Württemberg
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