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Advice for employers with disabilities » Crediting of income and assets

Brochure on the illegal and unconstitutional use of income and assets

The Competence Center Self-Determined Living for the Detmold Administrative Region (KSL-OWL), together with the Network for Inclusion, Participation, Self-Determination and Assistance (NITSA), has published a brochure on the changes in the use of income and assets in the Federal Participation Act (BTHG).

Link to the brochure in PDF format

ForseA regards the crediting of income and assets as illegal and as a violation of Article 3 Paragraph 3 Clause 2 of our Basic Law: "Nobody may be disadvantaged because of their disability"

Since January 1, 2018, there has been an income tax allowance in Section 82 (3) SGB XII for recipients of sole care assistance. You can read about this in the draft law for the BTG (BT-Drucksache 18/9522) on page 330. "The regulation is linked (...) to income from self-employed and non-self-employed work. Income from other sources, such as maintenance or pensions, are not privileged. This creates an additional incentive for those affected to take up gainful employment and thus takes account of the idea of ​​participation"How many people with disabilities can give in to this" incentive "(5%?). This" incentive "is completely ineffective for pensioners! For us this regulation is pure discrimination!" And a thief who doesn't take everything but leaves me a few pennies is far from giving me privileges !!

Practical example from our consultation: A working disabled person is ill for a long time due to an accident. With reference to this same section 82 (3), the cost bearer of her assistance costs removes this allowance because she would have no earned income. The legislature delivers us to such authorities through its federal participation law!

A very interesting ruling by the Mannheim Social Court from November 3rd, 2016 Az .: S 8 SO 653/13, which was published on the NITSA e.V. website. The court found that in care level 3 there can be a far higher income freedom than the 60%.

But here, too, it becomes clear that the 60% is pure arbitrariness. And overall, the crediting of income clearly contradicts Article 3 of the Basic Law

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In order to be able to check notifications in a standard situation (receipt of integration assistance alone or in connection with assistance for care), we have designed a form for this purpose.