Wheelchair driver can not claim escort for cruise

Social Court Leipzig: Integration assistance does not cover claim

If the severely handicapped go on a cruise, the social welfare does not have to pay the travel expenses for a necessary accompanying person. This is not included in the remit of the integration aid, the Leipzig Social Court ruled in a recently announced ruling of 5 December 2017 (Az .: S 10 SO 115/16). For the subject and destination of a cruise are "primarily relaxation and relaxed exploration of distant places and sights by ship" and not the significant improvement of contacts with non-disabled.

Specifically, it was about a wheelchair user who is dependent on constant assistance in everyday life. The running costs of the nursing staff were reimbursed by the responsible district as a supra-regional welfare provider. But even the severely disabled wanted to go on vacation. In the summer of 2016 he undertook a self-financed cruise.

A necessary nurse accompanied him. The additional costs incurred in the amount of 2,000 euros initially took over the father of the wheelchair user.

The money should now reimburse the district as part of the integration assistance. He too, as a disabled person, has to be able to escape the usual environment for a few days, says the wheelchair user. A saving of the funds in the context of the property allowances had not been possible.

Although journeys of integration into society could serve, the Social Court found. However, the cruise was not required to participate in community life. The plaintiff therefore has no claim for reimbursement. Because a cruise serves primarily the recreation and the search for sights and not the significant improvement of contacts with non-disabled.

The wheelchair user is also a member of various associations and associations and often participate in multi-day events in the Federal territory. That alone means that he is already better involved in community life than many non-dependent non-disabled people.

The wheelchair user appealed against the verdict to the Saxon State Social Court in Chemnitz. fle / mwo