This video provides a comprehensive overview of the "Persönliches Budget" (personal budget) system in Germany, primarily focusing on its application in assisting individuals with disabilities. The speaker, Ilka Martin, a budget consultant, explains the system's mechanics, eligibility criteria, various budget types, and potential challenges. The video also covers legal aspects, such as handling disagreements and seeking legal aid.
What is a Persönliches Budget?: It's a system converting social services (typically provided as in-kind services) into a cash allowance. This allows individuals to manage their own care and support, hiring their own personnel.
Eligibility and Requirements: While often associated with disabilities requiring Eingliederungshilfe, a personal budget isn't strictly limited to those with Pflegegrade (care grades). Individuals facing disadvantages due to disability, even without a Pflegegrad, can apply.
Types of Personal Budgets: Various types exist, including those covering assistance, in-home care, school assistance, and residential support. Funding sources can include the healthcare system (Krankenkassen) and social welfare agencies (Eingliederungshilfe).
Legal Aspects and Challenges: The video highlights the importance of pre-application counseling and addresses navigating potential disagreements with funding agencies, including the possibility of legal recourse and seeking legal counsel.
Practical Considerations: The video offers practical advice, including calculating personnel costs, understanding the responsibilities of funding bodies, and the importance of asserting one's rights. It also discusses the implications of the personal budget system for individuals with dementia and those in residential care.
The transcript explains that if the individual receiving the personal budget (the "Arbeitgeber" or employer) dictates where their assistant must be during on-call periods (Rufbereitschaft), it's considered "Anwesenheitsbereitschaft" (presence requirement) rather than Rufbereitschaft. This means the assistant must be fully compensated, as opposed to only being paid for the actual hours worked. The exact legal phrasing and implications are not detailed in the transcript.
The transcript indicates that a key legal distinction exists between Rufbereitschaft (on-call duty) and Anwesenheitsbereitschaft (presence requirement) when it comes to compensating personal assistants paid through a Persönliches Budget. While Rufbereitschaft implies the assistant is available but free to choose their location during that time, only compensated for actual work, Anwesenheitsbereitschaft means the employer specifies the assistant's location. In the latter case, the assistant is entitled to full compensation, even if not actively providing care. The speaker mentions that this difference often leads to disputes during budget negotiations because funding agencies ("KostentrÀger") may attempt to pay only a portion of the compensation for nighttime hours when the assistant is required to remain on the client's premises. The speaker states that this is legally problematic if the reduced payment falls below minimum wage. However, the transcript does not provide the specific legal basis for this distinction.
This statement summarizes a key aspect of eligibility for a Persönliches Budget in Germany. While often associated with individuals receiving Eingliederungshilfe (rehabilitation services), requiring a formal assessment of disability needs, a personal budget is not contingent on having a Pflegegrad (care grade). The crucial factor is whether the individual experiences disadvantages due to their disability that could be mitigated with personal assistance. Even individuals without a formally assessed Pflegegrad can qualify if they can demonstrate a significant need for support due to their disability to achieve a level of independence or participation in society.
