Relocation may not prevent a visit to a school for the disabled

If speech-impaired students change their place of residence, but not their special needs school, social welfare authorities can not just suspend taking over the school costs. Because even if the relocation has become another social welfare authority responsible, the previous authority must provide the services until it can be continued by the successor authority, the Social Court of Constance ruled in a recent judgment of 17 November 2015 (ref .: S 8 SO 1418/15).
Specifically, it was about a speech impaired student who attended a speech therapy school. The district of Sigmaringen made it possible to attend school by paying for integration assistance. When the pupil and his mother moved to a neighboring district in October 2012, the locally responsible social assistance provider also agreed to pay for school attendance by July 2020. In a new move, but this must be communicated immediately, so the authority.

Judgment. Image: Sebastian Duda - fotolia

On November 16, 2013, it was actually time. The pupil and mother moved back to the district of Sigmaringen, but without informing the previous welfare provider immediately about the move.

When he learned of the change of residence in December 2013, he canceled his decision and retroactively canceled the payment of the integration aid. The new welfare provider, the district of Sigmaringen, paid only from 16 December 2013, the school costs. The mother should then pay for open school expenses in the amount of one month, a total of 547 euros.

However, social assistance agencies may only cancel their decisions if "a substantial change" has occurred in the actual and legal circumstances, according to the Social Court. There was no significant change here. The language-impaired student had changed only the place of residence, but not the school.

According to the legal provisions, if the local authority changes, the previous authority must take over the services until it can be continued by the now competent authority. Thus, a seamless transition of the granting of benefits should be achieved.

Here, the defendant welfare provider could have the too many services provided simply from the district of Sigmaringen can be reimbursed, stressed the Constance judges. (Fle / mwo)