Social assistance must partially pay for costs of home emergency call system

Social Court Aachen: Social welfare office committed to "help for care"
If people in need of long-term care are dependent on a home emergency call system, the social welfare office can be obliged to assume further costs after discontinuing an emergency call. This was decided by the Aachen Social Court in a ruling published on 27 September 2016, thus confirming the need for a pensioner in need of care (Ref .: S 20 SO 28/16).

The disabled man with a care level I considerably dependent on a house emergency call system of Caritas. He was able to continue living at home. In case of an emergency he was able to send an emergency call to the house emergency call center. This then sends help, but requires several contact addresses, in which a front door key is stored.

Many older people experience a state of great confusion after surgery. (Image: pressmaster / fotolia.com)

The pensioner was paid the monthly fee for the system and for its establishment by the care fund of the AOK Rheinland / Hamburg. Since the pensioner knew almost no one, he wanted to deposit his door key with the house emergency call provider itself. This can then get into the apartment itself. The additional costs incurred by the patient wanted to have been reimbursed by the social welfare office.

The authority, however, did not feel obliged to do so. The pensioner must turn to others, such as the nursing care.

On 9 August 2016, however, the Social Court ruled that the Social Welfare Office had to pay the additional costs of depositing the housing key with Caritas. The nursing care fund would only have to ensure the monthly operation of the home emergency call devices, ie the basic costs.

For further costs, the social welfare office is obliged to provide "assistance for care". This would be the case if people in need of care are expected to need help "to a considerable or greater extent for at least six months"..

The Social Welfare Office can not refer the pensioner to the fact that the additional costs are already covered by the basic pension in old age. It is true that the applicant receives additional benefits because of his mobility problems and the "G" mark recognized by him. However, these should cover other than the need for long-term care additional needs.

An appeal was lodged against the ruling at the Landessozialgericht Nordrhein-Westfalen. There, the proceedings are pending under reference L 9 SO 502/16. fle / mwo