BSG persons in need of care not excluded from housing group supplement

Kassel (jur). Not only people in need of care in outpatient care groups can claim the statutory flat-rate "housing group" surcharge. Even with the care of several persons in a large family this is not excluded, judged on 18 February 2016 the Federal Social Court (BSG) in Kassel (Az .: B 3 P 5/14 R). However, the surcharge does not serve to increase the normal care or the remuneration of purely family benefits, but is only intended for additional expenses for living together.
According to the legal provisions, persons in need of care may claim a flat-rate surcharge of € 205 per month in "outpatient care groups" for the purpose of "community-organized care". The group must have at least three and no more than twelve people. At least three of them must be in need of care.

Image: Alexander Raths - fotolia

In the now decided case, it was about a woman born in 1927, who lives together with her husband, her handicapped son and other children, full-aged grandchildren and her daughter-in-law, who also need care. The inhabited farmyard served as a "multi-generational house" for the residential family.

The family members had completed 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 nursing service.

As the extended family lived together across generations and the daughter-in-law was responsible for the care, the plaintiff claimed from the German pension insurance miners Knappschaft-Bahn the lump-sum surcharge for assisted living arrangements. According to the law, families who live together and care for the community are not excluded from the supplement.

The Knappschaft Bahn-See declined the payment. The legislature wanted to promote the home care in new forms of living with the surcharge. The achievement was not there however to supplement achievements of the family care. The contract would serve to finance a "presence or coordination force". This should organize and manage the community living beyond the care.

The BSG judged that family associations are not generally excluded from the surcharge, so that there is no unconstitutional disadvantage of families. The surcharge should not increase the home care. The money was meant for the members of the housing group together to hire a specific person who organizes and manages living together beyond the care. Their task must be clearly differentiated from individual care and family responsibilities.

In the present case this had not happened so that there is no entitlement to the housing group supplement. fle / mwo