Definition and significance of assistance for the elderly
Die Assistance for the elderly is a central element of social security in Germany and encompasses all measures and benefits aimed at supporting older people in coping with personal, social, and economic challenges. The term is primarily anchored in the context of social law and extends to a wide range of institutional and private aids that enable seniors to lead as independent and dignified a life as possible. Assistance for the elderly is mainly governed by Book Twelve of the Social Code (SGB XII) and is specified by various legal provisions.
Legal foundations of assistance for the elderly
Assistance for the elderly under SGB XII
Die statutory definition and primary legal basis of assistance for the elderly can be found in § 71 SGB XII. It is established here that assistance for the elderly includes both personal and infrastructural services aimed at preventing, overcoming, or alleviating impending difficulties associated with aging, thereby preserving the independence of older people as much as possible.
The central tasks of assistance for the elderly according to § 71 SGB XII include in particular:
- Advice and support for older people and their families
- Promotion of suitable care services
- Measures to promote social participation
- Assistance with adapting to changing life circumstances in old age
Assistance for the elderly is organized and carried out by public social welfare agencies, in particular by municipalities and district authorities.
Relationship to other social benefits
Assistance for the elderly is to be distinguished from other social welfare benefits as well as from benefits provided by long-term care insurance (SGB XI). While long-term care insurance focuses on bodily care and the need for physical support, assistance for the elderly more broadly aims at the social integration and participation of older people in community life. It is of a subsidiary nature, meaning it applies only when other priority benefits (e.g., long-term care allowance or integration assistance) do not apply or are insufficient.
Principle of subsidiarity
A central legal principle of assistance for the elderly is the Principle of subsidiarity. State benefits only apply when the necessary support cannot otherwise be provided, for example, by family, friends, or charitable organizations. The personal resources of the affected seniors and their social environment are therefore utilized first before state intervention occurs.
Eligible persons
Definition of ‘older people’
The term “older people” is not precisely defined in the law. In practice, people are often considered eligible from the age of 60 or 65. However, actual need may exist for younger individuals in individual cases if age-related difficulties are present.
Eligibility requirements
Entitlement to benefits for assistance for the elderly requires that the person concerned has particular age-related difficulties that they cannot overcome without external support. In addition, the general conditions for social welfare must be met, especially the need for assistance as defined by §§ 19 ff. SGB XII.
Types and content of benefits
Measures and programs of assistance for the elderly
The range of benefits for assistance for the elderly is broad and covers the following aspects:
Advice and information
Assistance for the elderly includes advisory services that inform seniors and their families about housing, financial, legal, and social matters and support them in accessing other social benefits.
Promotion of community centers
Central components of assistance for the elderly are the promotion of community centers, recreational and care programs, which counteract isolation in old age and support social participation.
Support for the adaptation of living spaces
This includes assistance with adapting living spaces to age-related needs, including barrier-free construction, renovations, or assistive devices.
Promotion of voluntary engagement
The legal framework for assistance for the elderly specifically provides for the targeted support of voluntary engagement, for example through expense allowances or by making infrastructure available for volunteers.
Financing and cost responsibility
The financing of assistance for the elderly is the responsibility of the public social welfare agencies. The assumption of costs is based on the provisions of SGB XII, depending on the need and the specific situation of the claimant. The costs may also be covered by funding measures through non-governmental organizations.
Relationship to other areas of law
Interfaces with long-term care insurance
Assistance for the elderly often overlaps in practice with benefits from long-term care insurance pursuant to SGB XI. While long-term care insurance focuses primarily on bodily support and care, assistance for the elderly provides complementary social and supportive services.
Interaction with integration assistance
For older people with disabilities, there may be an entitlement to integration assistance (§§ 53 ff. SGB XII). Assistance for the elderly applies subsidiarily in these cases, provided that equivalent benefits under other regulations are not granted.
Responsibilities of providers of assistance for the elderly
The institutions responsible for assistance for the elderly, primarily the local social welfare providers, are obliged to develop, implement, and coordinate needs-based measures. They cooperate with independent organizations (e.g., welfare associations, churches) and voluntary organizations.
Their responsibilities include in particular:
- Provision of individual assistance after case-by-case assessment
- Development of concepts as well as promotion of preventive and integrative programs
- Networking with other providers of social benefits and counseling centers
- Protecting the right to choose and wish of beneficiaries
Future prospects and challenges
In the course of demographic change, assistance for the elderly is gaining increasing importance. The legal framework is continuously adapted to meet the challenges of social and technological change. Central challenges include the expansion of barrier-free infrastructure, ensuring locally available support services, and promoting social participation in an increasingly digital world.
Literature and further sources
- Social Code Book (SGB) Book Twelve (XII) – Social Welfare –
- Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: Assistance for the Elderly
- German Association for Public and Private Welfare: Recommendations for Assistance for the Elderly
Note: This article provides a general overview of the legal principles and structures of assistance for the elderly in Germany. For the specific interpretation of relevant legal provisions, individual consideration on a case-by-case basis is decisive.
Frequently asked questions
Who has a legal entitlement to benefits under assistance for the elderly?
A legal entitlement to benefits for assistance for the elderly in Germany primarily arises from the Social Code (SGB), in particular SGB XII (§ 71 ff. SGB XII). Eligible persons are generally older people who, due to their age or their physical, mental, or emotional condition, require support, with no fixed age limit; the individual need for assistance is decisive. Assistance for the elderly is primarily aimed at those who are not or not adequately covered by long-term care insurance (SGB XI) or other social benefits. The law gives priority to help from family and neighbors, but benefits may not be denied solely because relatives are present. In addition, neediness must be assessed according to general principles of social law. Benefits are to be provided if required for the prevention, overcoming, or alleviation of age-related difficulties.
Which specific benefits are legally covered by assistance for the elderly?
Assistance for the elderly under German law encompasses a wide range of support services described in § 71 SGB XII. Statutory benefits include advice and support in daily matters, assistance in maintaining independence, promotion of participation in social life, as well as help in making use of other social benefits. Assistance for the elderly may also support the adaptation of living spaces, the organization of household-related services, the procurement of aids, or referral to ambulatory or stationary care services. In addition, meeting centers, transport services, or cultural events are recognized as eligible measures. The benefits are discretionary and depend on individual needs and local arrangements.
How does assistance for the elderly relate to other social benefits such as long-term care insurance?
Assistance for the elderly is generally secondary to other social benefits (principle of subsidiarity). This means that claims under higher-ranking legal bases—especially long-term care insurance pursuant to SGB XI and assistance with nursing care pursuant to SGB XII—must first be examined and exhausted. Only if there are service gaps or these systems do not provide coverage can assistance for the elderly be claimed. For example, assistance for the elderly can supplement long-term care insurance by providing counseling, psychosocial support, or help with everyday life that is not covered by the long-term care insurance. Double benefits are legally excluded; the respective support systems must be coordinated.
How are applications for benefits under assistance for the elderly legally processed and what deadlines apply?
Applications for assistance for the elderly must be submitted to the locally responsible social welfare agencies. They are subject to the general provisions of the Administrative Procedure Act and the Social Codes. After submission, the authority examines the individual need for assistance, the applicant’s income and assets, as well as the presence of other eligibility criteria. Applications may be made verbally or in writing, and the social welfare agency is obliged to provide advice ex officio. There are no nationally uniform deadlines for the processing of applications, but social administrative procedures are generally to be conducted promptly (§ 17 SGB I). In complex cases, home visits or further investigations may be necessary. Upon completion of the investigation, a written decision must be issued, which affected persons may appeal.
What role do income and assets play in determining entitlement to assistance for the elderly?
When granting benefits under assistance for the elderly, a comprehensive review of the applicant’s income and assets is mandatory (§§ 85 ff. SGB XII). The principle of subsidiarity of public assistance applies: persons who have sufficient income or realizable assets are not entitled to assistance for the elderly, unless certain exempt assets are to be observed, such as an appropriate home or necessary small amounts of cash. Income such as pensions, annuities, maintenance, or investment income is credited, but certain allowances, especially for necessary expenses or provisions, may be deducted under specific conditions. Only when personal resources are insufficient to cover essential needs is there an entitlement to supplementary assistance for the elderly.
Is there a legal entitlement to specific assistance for the elderly, such as assisted living or day care?
Under current law, there is no general entitlement to specific forms of assistance such as places in assisted living facilities or day care centers within the framework of assistance for the elderly. Assistance for the elderly is a so-called discretionary benefit, meaning the social welfare authority decides on the type and scope of benefits to be granted, considering individual needs and local offerings. A legal entitlement only exists to proper examination and exercise of discretion, not to any particular benefit itself. Only in the area of help with care (under SGB XI and XII) may there be more specific entitlements, such as to care benefits or their financing.
How can those affected legally contest the denial of benefits for assistance for the elderly?
If the competent authority fully or partially denies an application for assistance for the elderly, affected parties receive a written administrative decision with reasons and information on legal remedies. An appeal (Widerspruch) can be lodged with the issuing authority within one month (§ 84 SGG). If the appeal is not successful, an appeal decision is issued. Legal action can then be taken before the competent social court. During the proceedings, the legality of the denial is reviewed. Throughout the process, needy individuals may, in individual cases, apply for interim legal protection if undue disadvantages would arise from delayed assistance. Those affected are also free to seek support from social associations, counseling centers, or lawyers.
