Social Security Law
Social law is intended to realize, by various means, the state’s duty of care and precaution for social groups that are handicapped in their personal development and to create approximately equal living conditions for all citizens.
Social Security Law
An essential part of social law is social insurance law. This consists of the law of employment promotion, statutory health insurance, statutory pension insurance, statutory accident insurance and social long-term care insurance. In this area, we advise and represent our clients in the enforcement of their justified claims against the social insurance institutions in the application process, the objection procedure and the legal action before the social courts in all instances.
Employment promotion
The main task of the law on employment promotion regulated in SGB III is to place people who are unemployed or threatened with unemployment in an employment relationship and to support them financially – at least temporarily – during the period of unemployment (so-called unemployment benefit I).
Health insurance
The main task of statutory health insurance, which is regulated by the German Social Code, Book V, is to maintain or restore the health of the insured or to improve their state of health. To this end, it provides health treatment by doctors, hospitals, psychotherapists and the service providers of other health care professions as benefits in kind. In addition, the statutory health insurance provides its insured persons with medical aids and remedies.
Pension Insurance
The task of the statutory pension insurance, which is governed by SGB VI, is not only to pay pensions to insured persons and, if applicable, their dependents who have no earned income due to old age, reduced earning capacity or death (i.e. widow’s pension, orphan’s pension). Rather, it also provides benefits for medical rehabilitation and for participation in working life in order to restore the earning capacity of its insured persons or to prevent premature retirement from working life.
Accident Insurance
The main purpose of statutory accident insurance, which is governed by SGB VII, is to prevent accidents at work and occupational diseases, as well as work-related health hazards, and to restore the health and performance of insured persons after the occurrence of accidents at work or occupational diseases.
To this end, statutory accident insurance provides medical rehabilitation benefits and wage replacement and compensation benefits in the event of an insured event, i.e. when an occupational accident or disease has occurred. The latter consist primarily of injury benefits, injury pensions and survivors’ pensions.
Long-term Care Insurance
Social long-term care insurance, which is governed by SGB XI, was introduced to cover the risk of needing long-term care. Social long-term care insurance essentially provides benefits for home care, partial inpatient care and full inpatient care. The amount of the respective insurance benefits is determined by the classification into a care level, which is carried out by the Medical Service of the Health Insurance (MDK).
Long-term care insurance
Social long-term care insurance, which is governed by SGB XI, was introduced to cover the risk of needing long-term care. Social long-term care insurance essentially provides benefits for home care, partial inpatient care and full inpatient care. The amount of the respective insurance benefits is determined by the classification into a care level, which is carried out by the Medical Service of the Health Insurance (MDK).
War Victims’ Welfare according to the Federal Victims’ Welfare Act (BVG)
The task of war victims’ welfare is to take care of the injured and their family members as well as surviving dependents in all situations of life in order to adequately compensate or mitigate the consequences of the injury or loss of a spouse, parent, child or grandchild. Persons who have suffered personal injury as a result of military service are eligible for benefits. This includes typical military causes of injury that have no equivalent in civilian life. War effects are covered which are connected with one of the two world wars.
Injuries occurring at a later date are covered by the Soldiers’ Pensions Act.
Provision for soldiers under the Soldiers’ Pensions Act (SVG)
The SVG governs the provision of benefits to the surviving dependents of temporary soldiers and soldiers performing military service under the Military Service Act (Wehrpflichtgesetz) or other service under the Soldiers Act (Soldatengesetz). In addition, damaged soldiers after termination of their military service, civilians of equal status and their survivors receive benefits under the SVG, in the form of medical treatment, sickness benefits, reimbursement for damage to property and, if applicable, compensation in the form of a basic pension and severely disabled person’s allowance. Finally, the SVG regulates the occupational support and service pension of temporary soldiers and the occupational support of voluntary military service members.
Federal Volunteer Service Act (BFDG)
Due to the suspension of compulsory military service on 01.07.2011 and thus also of civilian service, the Federal Volunteer Service (BFD) was introduced. The Federal Volunteer Service Act stipulates that the occupational health and safety regulations, the Youth Employment Protection Act and the Federal Leave Act apply accordingly. Under the Federal Volunteer Service Act, volunteers are treated in the same way as employees or trainees, i.e. they are members of the statutory pension, accident, health, long-term care and unemployment insurance schemes during their period of voluntary service.
Compensation for Vaccination Damage in Accordance with the German Protection against Infection Act (IfSG)
The purpose of the Infection Protection Act is to prevent transmissible diseases in humans, to detect infections at an early stage and to prevent their further spread. Anyone who has suffered damage to their health as a result of a vaccination that was publicly recommended, ordered on the basis of this law or required by law will receive care.
Compensation for victims of violent acts under the Victims Compensation Act (OEG)
Under the Victims’ Compensation Act, compensation is paid to persons who have suffered damage to their health as a result of an intentional, unlawful assault against their own person or another person, or as a result of lawfully defending themselves against such assault. If the persons have died as a result of the attack, the surviving dependents receive benefits.
Prisoner assistance according to the Prisoner Assistance Act (HHG)
Care under the Prisoner Assistance Act is provided to Germans who were taken into custody for political reasons in the former GDR or in Berlin (East) or in the expulsion areas mentioned in the Act and who have suffered damage to their health as a result.
Social Promotion and Assistance
In order to improve social equality of opportunity, tax-financed development assistance is granted in the case of various needs, and we advise and represent our clients in the enforcement of this assistance.
Training Assistance under the Federal Training Assistance Act (BAföG)
In accordance with this law, there is a legal entitlement to individual training assistance for training that is commensurate with aptitude, aptitude and performance, if the trainee does not otherwise have the means necessary for his or her livelihood and training. The law regulates the amount of support, the duration of support, the income allowances, in particular taking into account the income of the parents, the asset imputation and also the repayment obligation.
Child benefit according to the Federal Child Benefit Act (BKGG)
As a rule, child benefit is a taxable benefit under §§ 62 ff of the German Income Tax Act (EStG), with the consequence that the tax code and legal recourse to the tax court are applicable.
As a social benefit, child benefit is paid to persons who are in a compulsory insurance relationship with the Federal Employment Agency or who are exempt from unemployment insurance and do not earn any income relevant for tax purposes.
Child benefit is paid for each child until the child reaches the age of majority. In addition, it is paid until the child reaches the age of 21 if he or she is unemployed or until the child reaches the age of 25 if he or she is in training or in a comparable situation. The amount of child benefit is currently 194 euros for the first and second children, 200 euros for third children, and 225 euros for the fourth and each additional child.
Parental Allowance according to the Federal Parental Allowance Act (BEEG)
Parental allowance can be drawn from the day of birth until the child reaches the age of 14 months. Parental allowance plus can also be drawn after the child’s 14th month of life; it amounts to a maximum of half of the parental allowance per month.
Parents are jointly entitled to twelve monthly amounts. If there is a reduction in income from employment for two months, they can claim parental allowance for two additional months (partner months).
Parental allowance is granted in the amount of 67 percent of the income from gainful employment before the birth of the child, up to a maximum of 1,800 euros per month.
The determination of income from self-employment according to §§ 2d to 2f BEEG often causes problems.
Child and Youth Welfare (SGB VIII)
Every young person has a right to the promotion of his or her development and upbringing to become a self-reliant and socially competent personality. SGB VIII regulates the services that public youth welfare (the youth welfare offices) and independent youth welfare have to provide. These include youth work, the promotion of education in the family, the promotion of children in day care facilities and day care for children, educational assistance, integration assistance for mentally handicapped children and adolescents, and assistance for young adults. Cost sharing is regulated for the use of these services.
Other tasks of youth welfare are, for example, the taking into custody of children and adolescents for their protection as well as guardianship and guardianship for children and adolescents.