Definition and Legal Foundations of the Blind Care Allowance
The Blind Care Allowance is a governmental social benefit in Germany paid to provide financial support to visually impaired, particularly blind individuals. The aim of the Blind Care Allowance is to wholly or partially offset the additional expenses arising from blindness for care, supervision, and assistance services, thereby facilitating the social participation of blind individuals. The provisions regarding the Blind Care Allowance are not uniform nationwide but are found in both federal law and respective state laws.
Distinction from Similar Benefits
The Blind Care Allowance is to be distinguished from general care allowance under Book Eleven of the Social Code (SGB XI) as well as from the State Care Allowance and other financial support benefits for people with disabilities. It is a benefit solely linked to the degree of visual impairment, independent of a care level or grade.
Statutory Provisions
Legal Foundations at the Federal Level
At the federal level, Book Twelve of the Social Code (SGB XII) regulates certain aspects of the Blind Care Allowance. Sections 72 et seq. SGB XII contain essential provisions particularly for assistance for the blind, which includes the Blind Assistance Allowance. Blind assistance under SGB XII is primarily aimed at adults who, due to their blindness, experience significant limitations in daily life.
State Law Provisions
The essential regulations for the Blind Care Allowance are contained in the state laws of the federal states. Each state regulates the details, eligibility, amount, and other modalities through its own state blind allowance acts. The respective terms are, for example, “Landesblindengeldgesetz” (LBlindG), “Blindengeldgesetz” or similar. In some states, there are also specific provisions for the deafblind or individuals with severe visual impairment.
Comparison of Federal and State Benefits
- Blind Assistance under SGB XII: Needs-based social assistance benefit (dependent on income and assets).
- State Blind Allowance: Independent of income and assets, lump-sum cash benefit.
Eligibility Requirements
The requirements for granting Blind Care Allowance are governed differently under state law but share common features:
Degree of Visual Impairment
- Eligibility generally exists for a visual acuity of less than 2% in the better eye (even after correction with visual aids).
- Individuals with comparable impairments or with deafblindness may also be eligible (depending on state law).
Place of Residence and Habitual Stay
- Eligibility generally applies to individuals with habitual residence in the relevant federal state.
- Certain state laws may provide for additional residency requirements.
Exclusion Criteria
- Stays in certain institutions (e.g., inpatient care) can reduce or exclude eligibility insofar as comprehensive care is provided there.
- Double benefit prohibitions: Concurrent receipt of comparable benefits from other insurers or cost providers can wholly or partially exclude eligibility.
Amount of the Blind Care Allowance
Lump-Sum Benefit and Regional Differences
The amount of the Blind Care Allowance varies significantly among the federal states and is regularly adjusted. In general, the monthly lump sum—as of 2024—ranges from approximately 400 euros to 820 euros. In certain states, there are also graduated amounts for children, adolescents, or deafblind individuals.
Deductions or Offsets
In some state laws, an offset of other care benefits (for example, from the care insurance funds under SGB XI) is provided. This means that the Blind Care Allowance can—depending on the individual case and legal provisions—be reduced. In certain circumstances, eligibility for Blind Care Allowance is suspended, e.g., during stays in fully inpatient institutions.
Application and Documentation Requirements
Procedure
The application for Blind Care Allowance must be submitted to the competent state authority. The exact competence is determined by the respective state blind allowance act and may involve supply offices, social welfare offices, or special state authorities.
Required Evidence
As proof of blindness, a medical certificate or a corresponding notice of severe disability with the remark “Bl” is generally required. In some federal states, additional documentation or assessments may be necessary.
Start and End of the Benefit
The payment does not begin retroactively but generally from the month of application. It ends automatically when the eligibility requirements cease to exist, upon moving to another federal state, or upon the beneficiary’s death.
Tax Treatment
Blind Care Allowance is considered a so-called earmarked benefit and is exempt from tax pursuant to § 3 No. 11 of the Income Tax Act (EStG). It is not taxable income and therefore generally does not have to be declared in the tax return.
Relationship to Other Social Benefits
Offsetting Against Other Benefits
Blind Care Allowance is generally not counted as income when calculating other social benefits (e.g., basic security, housing benefit, child supplement). Blind assistance under SGB XII, however, is a social assistance benefit and can depend on other benefits.
Special Provisions for Children, Adolescents, and the Deafblind
Some federal states also grant Blind Care Allowance for individuals under 18 years of age, sometimes at a reduced rate. For deafblind individuals, some states provide an increased benefit rate to cover additional needs.
Legal Remedies and Appeals
Negative decisions may be appealed within a certain period. In the case of repeated rejection, it is possible to bring an administrative court action. Details regarding time limits and procedures are set out in the respective administrative laws or the Administrative Court Rules (VwGO).
Summary
The Blind Care Allowance is a key element in ensuring the independent life of blind individuals. It is grounded in differentiated federal and state norms and, in terms of its scope, eligibility requirements, and offset mechanisms, is structured differently throughout the country. The individual eligibility situation may be modified in the specific case by additional benefits, conditions, or exceptions. Thus, the Blind Care Allowance is an important part of social security and participation promotion for people with visual impairments in Germany.
Frequently Asked Questions
Who is legally entitled to Blind Care Allowance?
According to the state blind allowance laws applicable in each federal state, individuals who are permanently blind or severely visually impaired are generally entitled to Blind Care Allowance. The exact definition of blindness is based on legal provisions and typically corresponds to a permanent bilateral visual acuity of no more than 2 percent. The legal entitlement exists regardless of whether the applicant is in need of care under the care insurance, but always applies from the point at which the requirements are met and this is medically certified. Claims can sometimes be asserted retroactively depending on the respective law and time of application. The requirement is that the individual’s habitual residence is in Germany; in some states, at least a temporary stay or residence in the state is additionally required. For minors, special regulations apply regarding the authority for application by legal representatives.
What legal requirements apply to the application process?
Blind Care Allowance must be applied for in writing, with the application addressed to the relevant state authority or supply office. Processing is carried out in accordance with the administrative procedure laws of the states. Essential evidence, especially a medical report or an official determination notice regarding the degree of visual impairment, must be enclosed with the application. The legal situation at the time of application is exclusively decisive for approval. The principle of official investigation applies, requiring the authority to ascertain all relevant facts. The law does not provide for application deadlines, but the application determines the earliest start of benefit payment. There is a legal right to administrative proceedings and, if necessary, to appeal or take legal action against a negative decision.
How is the Blind Care Allowance legally offset against other social benefits?
Legally, the offsetting of the Blind Care Allowance against other social benefits is complex. According to § 72 SGB XII, Blind Allowance is considered assistance for the purpose of care and can, for example, be offset against care assistance benefits. The respective state blind allowance laws also contain provisions on offsetting against benefits such as the care allowance of statutory care insurance, care assistance, or basic security benefits. Generally, part of the Blind Allowance remains exempt from offsetting. In addition, Blind Allowance takes precedence over other assistance, meaning it must first be determined whether an entitlement to Blind Allowance arises before care benefits are granted. Hardship provisions and exceptions may apply in individual cases.
What legal obligations exist regarding proof of blindness or visual impairment?
Proof of blindness must be provided in a legally binding manner. This is typically done by an ophthalmological report or a corresponding disabled ID card marked with “Bl”. The report must provide detailed information about the type, cause, extent, and duration of the visual impairment and must comply with the legal requirements for the definition of blindness. The authority may, under the principle of official investigation, request its own medical examinations or reports. The applicant’s duty to cooperate is legally required, especially regarding the submission of necessary medical documents. If proof or cooperation is not provided, the application for Blind Care Allowance may be denied.
Are there legal obligations to report changes in circumstances?
Recipients of Blind Care Allowance are legally obliged to notify the relevant authority immediately of any changes in the circumstances that are material to the benefit. These include, in particular, improvements in vision, relocation to another federal state, or permanent residence abroad, receipt of other social benefits, as well as the death of the beneficiary. Failure to provide such notification can lead not only to the recovery of benefits wrongly paid but also to criminal consequences (for example, for fraud under § 263 StGB). In some state laws, this duty to cooperate is expressly regulated. Compliance with these reporting duties is a prerequisite for continued benefit receipt.
What legal remedies are available in the case of rejection or recovery of the Blind Care Allowance?
If the application for Blind Care Allowance is rejected or a recovery of benefits already paid is ordered, the affected party may file an objection within one month of notification of the decision. The procedure is governed by the administrative procedure regulations of the respective state as well as social court jurisdiction (SGB X, SGG). If the objection is not remedied, an action before the competent social court is possible. In the course of proceedings, suspension of the recovery or provisional injunction may be requested in certain cases. If a recovery occurs, for example in the case of demonstrable ignorance or absence of fault, the possibility of remission can be considered. Moreover, the grounds for rejection or recovery must be stated in detail in the decision, and access to the case file must be ensured.
