No claim to real-life blind money

Federal Constitutional Court approves cut 2011 in Schleswig-Holstein
The halving of adult blind money 2011 in Schleswig-Holstein from 400 to 200 euros monthly has not violated the basic rights of blind people. This was decided by the Federal Constitutional Court in Karlsruhe in a resolution published on Wednesday, March 28, 2018 (Ref .: 1 BvR 1379/14).

Image: Dan Race - fotolia

It rejected the constitutional complaint of a then 58-year-old man. He had claimed that the cut violated human dignity, the rule of equality and the welfare state. It violates not only the Basic Law, but also the UN Convention on the Rights of Persons with Disabilities and the European Social Charter.

By decision of 1 February 2018, which was now published in writing, the Federal Constitutional Court did not accept the appeal.

As a reason, the Karlsruhe judges referred to the wide scope of the legislature in social benefits. Blind people are granted blindness as compensation for disability-related disadvantages, as far as they are dependent on it. The state blind money comes regardless of the neediness added. A reduction of the national blind money is therefore no interference with the disadvantage compensation

From the equality requirement can be a deprivation of discrimination, but not derive a specific benefit claim, stressed the Federal Constitutional Court. A complete, income-independent compensation for disability-related disadvantages there is also otherwise not for disabled people.

The Convention on the Rights of Persons with Disabilities of the United Nations or the European Social Charter, too, does not disclose a claim for an income-dependent benefit in a concrete amount, the Karlsruhe judges concluded.

The cut in 2011 in Schleswig-Holstein affected only adults. For children and adolescents the state blind money remained until today also 200 euros per month. For adults, it was raised again in 2013 to now 300 euros per month. Deafblind receive 400 euros per month. In Hamburg, blind people have been receiving 529.22 euros since July 2017, and 555.74 euros per month in Berlin. mwo / fle