Definition and significance of assistance in special life situations
Assistance in special life situations is a key component of German social law and describes state support services for people who find themselves in exceptional emergencies that cannot be overcome by ordinary means. These forms of assistance are especially directed at individuals who, due to events, destinies, or social circumstances, are under considerable social or health-related pressure and have a particular need for support. At their core, they are designed to remedy individual emergencies not, or not adequately, covered by general social assistance regulations.
The legal basis for assistance in special life situations can be found, in particular, in Book Twelve of the Social Code (SGB XII), especially in the Third Chapter. Supplementary provisions are also found in other special laws and state-specific implementation regulations.
Legal basis for assistance in special life situations
Social Code Book XII (SGB XII)
The SGB XII forms the central foundation for the organization and delivery of assistance in special life situations. In addition to general provisions regarding the tasks of social assistance (§§ 1-3 SGB XII), it is especially §§ 67 and following SGB XII that regulate the individual types of entitlement, conditions, and procedures.
Scope of application
Assistance in special life situations is provided when a situation is not covered by the standard social assistance needs (particularly assistance for subsistence or basic security in old age and in case of reduced earning capacity). The life situations covered particularly include:
- Health assistance (§§ 47-52 SGB XII)
- Integration assistance for people with disabilities (§§ 53-60 SGB XII, now largely regulated by SGB IX)
- Assistance for care (§§ 61-66 SGB XII)
- Assistance for overcoming special social difficulties (§§ 67-69 SGB XII)
- Assistance in other life situations (§ 73 SGB XII)
This means that assistance in special life situations is clearly differentiated from the general life situations for which basic security in old age and in case of reduced earning capacity as well as subsistence support are provided.
Individual benefits in detail
Health assistance
Health assistance includes benefits necessary to prevent, detect, heal, or prevent the aggravation of illness (§§ 47-52 SGB XII). In terms of the scope of benefits, it essentially corresponds to statutory health insurance, but may also be granted to dependents who are not legally insured.
Integration assistance for people with disabilities
Integration assistance under §§ 53 and following SGB XII (since 2020 mainly regulated under SGB IX) aims to enable or facilitate participation in community life for people with disabilities. The benefits include, for example, assistance for appropriate school, vocational, or university education as well as contributions to participation in working life and society.
Assistance for care
According to §§ 61 and following SGB XII, people who are permanently in need of care due to illness or disability and cannot provide the necessary care themselves or with the help of family members are entitled to assistance for care. The benefits cover both home and institutional care.
Assistance for overcoming special social difficulties
The focus of this benefit is to support people facing exceptional social problems, such as homelessness, addiction issues, or after leaving prison. The aim is to reintegrate into society, secure subsistence, stabilize individual living situations, and overcome special social difficulties (§§ 67-69 SGB XII).
Assistance in other life situations
Section 73 SGB XII covers further benefits not expressly regulated, which may be required to secure social participation, for example to overcome difficulties after natural disasters or in exceptional cases of misfortune.
Eligibility requirements and procedures
Principle of subsidiarity
Assistance in special life situations is subordinate to benefits from other social benefit agencies (e.g., health or long-term care insurance) as well as to self-help and assistance from relatives. Only when these options have been exhausted are social assistance providers obligated to provide benefits (§ 2 SGB XII).
Means test
An entitlement generally exists only in cases of proven need. In addition to the income and assets of the recipient, those of legally liable relatives as well as any potential primary claims against third parties are also taken into account (§§ 19 ff., 27 ff. SGB XII).
Application procedure
Assistance in special life situations is applied for at the competent social assistance authority (usually the local social welfare provider or local social office). Processing takes place within an administrative procedure as stipulated by the Tenth Book of the Social Code (SGB X).
Special features regarding repayment obligations
In some cases, benefits are to be granted as loans or subject to repayment (§ 91 SGB XII), particularly where an improvement in economic circumstances is foreseeable or where a special emergency situation does not justify permanent free-of-charge assistance beyond short-term support.
Distinction from other social benefits
Assistance in special life situations differs from general subsistence security benefits primarily because it is specific to particular circumstances and is tailored to individual cases. While benefits like basic security or assistance for subsistence are granted regularly and as lump sums, assistance in special life situations always depends on individual assessments and special circumstances.
It also differs from benefits under SGB II (unemployment benefit II or citizens’ allowance), which target persons capable of work, as well as from special statutory benefits (e.g., statutory accident insurance).
Financing and responsibility
The financing of assistance in special life situations is mainly provided from funds of the municipalities and federal states. The responsible agencies are generally independent cities, districts, or in individual cases, supra-local social assistance providers.
Legal protection and appeals procedures
Applicants are entitled to comprehensive legal protection against decisions of social assistance providers. This includes the objection procedure under SGB X and, if necessary, recourse to the social courts in accordance with the Social Court Act (SGG).
Reforms and outlook
Assistance in special life situations is continuously evolving. In particular, the content and organizational focus has shifted in recent years due to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) and the reform of integration assistance through the Federal Participation Act. Future reforms will increasingly focus on person-centered assistance and strengthening the principle of individual needs assessment.
Literature
- Schlegel/Voelzke, Commentary on SGB XII, current edition
- Cremer, The Social Assistance Law Commentary, current edition
- Deutscher Verein für öffentliche und private Fürsorge (ed.), Practice of Social Assistance, current edition
Web links
- Text of the law on SGB XII – Assistance in special life situations
- Information on social assistance at the Federal Ministry of Labour and Social Affairs
Keywords: Assistance in special life situations, social assistance, Social Code Book XII, SGB XII, eligibility requirements, means test, integration assistance, assistance for care, health assistance, overcoming special social difficulties, SGB XII reform
(This article serves as a comprehensive guide to the legal foundations, requirements, and procedures concerning assistance in special life situations in German social law.)
Frequently asked questions
Who is legally entitled to apply for assistance in special life situations under SGB XII?
Persons who find themselves in special life situations and are in need of support have, according to §§ 17 and following SGB XII, a claim to assistance in special life situations. This includes, in particular, persons who have a disability, are at risk of disability, or are living in a special social emergency (such as homelessness, addiction problems, or domestic violence). As a matter of law, both German citizens and foreigners with ordinary residence in Germany are eligible to apply, although certain benefits require additional residence law requirements (e.g., residence permit or settlement permit). For minors or persons under guardianship, the legal representative is authorized to apply. A means test is one of the central requirements; this means that personal income and available assets must be used primarily if they exceed the applicable exemptions.
What types of assistance in special life situations are specifically regulated by SGB XII?
SGB XII distinguishes between several types of assistance in special life situations. These particularly include integration assistance for people with disabilities (§§ 53-60a SGB XII), assistance for continuation of the household (§§ 70-73 SGB XII), assistance for the elderly (§§ 71 SGB XII), assistance for the blind (§ 72 SGB XII), assistance in other exceptional life situations (§ 73 SGB XII), and the coverage of funeral expenses (§ 74 SGB XII). Each type of assistance has its own eligibility criteria, legal structure, and specific legal consequences with regard to scope, duration, and type of support, which are based on individual needs and aim especially at enabling the greatest possible self-determined participation in social life.
How is assistance in special life situations applied for and what evidence is required?
The application is generally submitted in writing to the responsible social assistance agency (usually the local social welfare office). According to § 16 SGB I, an informal application is sufficient, but the authorities may require that application forms be used and that specific evidence be provided. Typical evidence includes: identity card or passport, proof of income and assets (payslips, bank statements, savings), evidence of current life situation (e.g., medical reports, disability certificate, documents regarding housing situation, proof of care needs or guardianship). For certain types of assistance (e.g., assistance for the blind), proof of the specific disability may be required through specialist medical certificates or public health assessments. The official investigation must comply with the principle of ex officio examination (§ 20 SGB X), which means that the authority must thoroughly investigate the facts of the case.
What benefits are legally granted under assistance in special life situations?
The assistance includes both monetary benefits as well as benefits in kind and services. Statutorily regulated are, among others: assumption of costs (e.g., for assisted living, care facilities, assistance services), costs for necessary modifications, aids, promotion of mobility, assistance with daily structure, advice and support with official matters, and, for particular needs such as assistance for the blind, a monthly cash amount for participation. The type and amount of each benefit depend on the individual need and, in case of doubt, must be substantiated by reports or statements. The decisive factor for the scope is the principle of appropriateness and necessity as set out in § 9 SGB XII.
What is the role of the principle of subsidiarity in assistance in special life situations?
The principle of subsidiarity (§ 2 SGB XII) states that social assistance is generally only granted if the applicant cannot meet their need from their own income and assets or through primary social benefits (such as health insurance, long-term care insurance, employment promotion, pension insurance, or maintenance payments). The assessment takes place during the application process and covers all possible personal and third-party resources in the given case. Benefits—provided there are primary entitlements or support, such as those under SGB IX (rehabilitation and participation of people with disabilities)—are provided on a subsidiary and supplementary basis.
Are there options for objections and legal remedies if an application for assistance in special life situations is rejected?
Yes, legal remedies can be lodged against notices of rejection or the scope of approved assistance. This means that, after receipt of a notice, there is the possibility to file an objection in writing or on the record with the deciding authority within one month (§ 84 SGG). If the objection is rejected, legal action may be filed with the social court (§ 87 SGG). In certain cases, there is also the right to interim legal protection if the decision is urgent or existential needs are at risk. The general provisions of the Social Court Act (SGG) apply, especially those set out in §§ 78-109 SGG.
Can repayments or sanctions occur in the context of assistance in special life situations?
Yes, according to §§ 45, 48 SGB X and § 50 SGB X, benefits already granted can be reclaimed if they were obtained through false statements, omission of essential facts, or through unlawful administrative acts. Subsequent changes in financial circumstances, such as obtaining income or an increase in assets, may also lead to cancellation or adjustment of approved benefits. Furthermore, sanctions or reductions are possible if reasonable obligations to cooperate (§§ 60ff. SGB I) are violated. In such cases, the benefit is reduced or denied entirely until the obligation is fulfilled. Recipients are obliged to notify the authority immediately of any changes.
