Definition and Legal Framework of Assistance for the Blind
Assistance for the blind refers to the entirety of public and private-law measures aimed at supporting, promoting, and enabling the social participation of blind individuals. This assistance includes financial benefits, benefits in kind, and other support services, which are regulated by various laws and regulations. The goal is to enable blind people to participate in social life on an equal footing and to lead a self-determined life.
Legal Foundations of Assistance for the Blind
Social Code Book and Other Relevant Laws
The core regulations for assistance for the blind are found in the Social Code Book (SGB), in particular in SGB XII (Social Assistance), SGB IX (Rehabilitation and Participation of Persons with Disabilities), and supplementary state legal provisions. Further provisions can be found, for example, in the Federal Participation Act (BTHG) and in the law for severely disabled persons.
SGB XII – Assistance for Blind Persons
According to §§ 72 ff. SGB XII, blind individuals are entitled to special assistance to overcome disability-related disadvantages. In particular, this includes so-called services for the blind, which are granted irrespective of age but dependent on income and assets.
State Laws on Blind Assistance
In addition to the federal regulations, most German federal states have supplementary state laws on assistance for the blind, which govern specific benefits, eligibility requirements, and benefit amounts. These state laws may exceed the federally established minimum standards and provide additional support.
Other Legal Bases
Supplementary provisions can be found in Book IX of the Social Code (SGB IX), the Act on Equal Opportunities for Persons with Disabilities (BGG), and the Act on Severely Disabled Persons (SchwbG).
Eligibility Requirements for Assistance for the Blind
Definition of Blindness
A person is considered blind within the meaning of the statutory provisions if their visual acuity in the better eye does not exceed one-fiftieth (2%) of normal visual acuity, or if they have an equally serious impairment of vision (e.g., visual field loss). This is usually evidenced by a medical assessment.
Income and Assets
Assistance for the blind under § 72 SGB XII is dependent on income and assets. This means it is assessed what personal resources the applicant can use to support themselves and to what extent public benefits are necessary.
Independence from Age
Unlike other social welfare benefits, assistance for the blind may be granted regardless of age, but not irrespective of age in the sense of long-term care insurance, provided the other requirements—particularly blindness—are met.
Benefits Provided as Assistance for the Blind
Monthly Benefit for the Blind
At the core of assistance for the blind is the monthly benefit under § 72 SGB XII or the respective state blind allowance law. The amount of assistance differs: while SGB XII establishes nationwide minimum standards, the actual payment may vary according to state law. These benefits are generally earmarked to cover disability-related additional needs (e.g., assistance, aids, mobility).
Benefits in Kind and Supplementary Support
In addition to financial support, assistance for the blind can also provide benefits in kind, such as provision of aids for blind persons (e.g., screen reading devices, software for the blind), training for independence, mobility training, and assistance services.
Care Benefits and Other Social Benefits
There are significant overlaps with services provided by long-term care insurance and with other social benefits such as participation benefits or services for medical rehabilitation. Assistance for the blind always takes precedence if the need is specifically due to blindness.
Subsidiarity and Exclusion of Double Benefits
Assistance for the blind is based on the principle of subsidiarity. Benefits from other social service providers (e.g., health insurance, long-term care insurance, accident insurance) are counted towards the assistance for the blind. Double funding is excluded unless state law provides for differing arrangements.
Application and Administrative Procedure
Application Process and Jurisdiction
Assistance for the blind must generally be applied for in writing at the responsible authority—usually the social welfare office or the authority designated by state law. The application must be accompanied by proof of blindness, details of income and assets, and, if applicable, further documents.
Administrative Procedure and Legal Remedies
Assistance for the blind is granted upon application. It constitutes an administrative act against which legal remedies (objection, action before the social court) are possible in the event of denial or reduction of benefits.
Review and Adjustment of Benefits
Assistance for the blind is reviewed regularly. Changes in health status or financial circumstances must be reported to the authorities without delay, as they can affect the amount or continuation of the benefit.
Data Protection and Confidentiality
Sensitive health data is processed in the context of assistance for the blind. Authorities are obliged to comply with data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Information is used exclusively for its intended purpose.
Significance and Purpose of Assistance for the Blind
Assistance for the blind is a central element of German social law and contributes to social inclusion, accessibility, and equal opportunities for blind people. It not only secures material existence but also promotes self-determination, participation, and independence in all areas of life.
References to Literature and Case Law:
Further information can be found in commentaries and handbooks on social law as well as relevant high court rulings, for example concerning the requirements and calculation of benefits for the blind. The precise design can vary significantly due to the responsibilities of the individual states, so examination in accordance with the applicable state law is essential.
This article provides a comprehensive overview of the term ‘assistance for the blind’, covering all relevant legal aspects, and offers a practical and legally sound summary for legal practitioners, affected individuals, and institutions.
Frequently Asked Questions
Who is legally entitled to assistance for the blind in Germany, and by which legal regulations is this entitlement governed?
Assistance for the blind is a special form of social assistance and is available to individuals who are blind within the meaning of the law. The legal entitlement arises from § 72 of the Twelfth Book of the Social Code (SGB XII). The requirements are that the visually impaired person has their usual residence in Germany, is in need as defined by SGB XII, and is not only temporarily blind. Foreign nationals who meet certain requirements under § 23 SGB XII (e.g., residence status) may also be eligible. The determination of blindness is made according to § 72 paragraph 5 SGB XII in conjunction with § 1 paragraph 2 of the Ordinance for the Implementation of § 72 SGB XII (Blind Assistance Ordinance). A person is considered blind under the law if their visual acuity in either eye, even when tested with both eyes, does not exceed 1/50, or if they have an equally severe impairment of vision.
How is financial need assessed in relation to entitlement to assistance for the blind?
The assessment of need for assistance for the blind is based on the income and assets of the applicant and their partner, according to the provisions of SGB XII. The relevant provisions are §§ 19 to 27 SGB XII. Available income as well as the assets to be used (taking into account the relevant allowances and exempt assets, e.g., according to § 90 SGB XII) are calculated and credited against the assistance for the blind. Income types such as pensions, sickness benefits, income from rent, maintenance payments, and already received social benefits must be declared and will be assessed. Not counted as income are, among others, care benefits from long-term care insurance and the blind allowance provided by state law, as these are purpose-specific benefits.
What is the legal relationship between blind allowance and assistance for the blind?
The blind allowance, paid according to state blind allowance laws, and the assistance for the blind under § 72 SGB XII are legally independent benefits, each with different purposes and legal grounds. Blind allowance is a benefit provided by the states, independent of income and assets, which is paid to offset the additional costs due to blindness, whereas assistance for the blind is a needs-based social benefit tied to financial need. However, § 72 paragraph 2 SGB XII stipulates that benefits under the state blind allowance laws must be credited against the assistance for the blind up to the amount of the blind allowance. Assistance for the blind is therefore only paid to the extent that, after deduction of the blind allowance, there remains an additional need.
What legal remedies are available if an application for assistance for the blind is denied?
If an application for assistance for the blind is denied, or the benefit is approved at a lower amount than applied for, the applicant can take legal action. First, a written, electronic, or recorded objection can be filed with the responsible authority within one month of notification of the administrative act (§ 84 SGG). If an objection decision is issued, a claim can be filed with the competent social court within one month of delivery of that decision (§ 87 SGG). During the objection and legal proceedings, the suspensive effect must be observed, meaning the authority can suspend payment until a decision is made (§ 86a SGG), unless urgent reasons require otherwise.
At which authority should assistance for the blind be applied for, and what documents must be submitted?
Assistance for the blind must be applied for at the local social welfare provider, usually at the social welfare office of the place of residence. In some federal states, the State Office for Social Affairs may be responsible. The application must be accompanied by a current ophthalmological assessment confirming the requirements for blindness under the legal provisions, proof of identity (e.g., identity card), evidence of income and assets for all persons living in the household, and, where applicable, current notices of paid blind allowance or other relevant social benefits. The exact list of required documents can vary depending on the requirements of the provider and should be requested in individual cases.
What are the obligations for recipients of assistance for the blind regarding cooperation and notification?
According to §§ 60 ff. SGB I, applicants and recipients of assistance for the blind have a legal obligation to provide all facts relevant to the benefit fully and truthfully. This includes, in particular, changes to income and asset situations, change of residence, improvement in health status (e.g., medical improvement), and the receipt of other social benefits. Violations of the obligation to cooperate, such as delayed or omitted notifications, can lead to suspension of benefits, recovery of improperly received amounts, and, in the worst case, criminal consequences (e.g., social benefit fraud under § 263 StGB).
Are there restrictions or special features for assistance for the blind for minors or people in need of long-term care?
Under § 72 SGB XII, assistance for the blind is granted regardless of age; however, for blind minors, benefits from long-term care insurance are often credited. § 72 paragraph 3 SGB XII provides for a reduction in assistance for the blind in accordance with the care allowance paid for care levels 2 to 5. Assistance for the blind is reduced to the extent that there is an entitlement to care allowance under SGB XI. For adults in need of care, § 72 paragraph 3 SGB XII stipulates that the possibilities for combination or crediting must be examined to exclude overcompensation. The aim is to avoid overlaps and double payments and to appropriately offset the individual’s additional needs.
