SG Nuremberg, court decision of 30.07.2021
Benefits, pension, disability, integration assistance, decision, care allowance, pension, accommodation, court decision, service provider, long-term care insurance, claim, cohabitation, heating, long-term care insurance benefits, disabled people, integration assistance benefits
LSG Munich, judgment of 22.09.2022 – L 4 P 56/21
II. Extrajudicial costs are not to be reimbursed. Findings
The defendant’s obligation to grant care allowance according to care level 3 is in dispute between the parties.
The plaintiff, who was born in 1951, has been mentally disabled since birth. He lives since 27.06.1998 in the Lebensgemeinschaft e.V. M. and lives there in a single room in the house “S.”. The village community M. is open to adults with a mental or multiple disability within the meaning of § 53 Home Maintenance SGB XII (old version) from all over Germany and offers them a second area of life in addition to stationary living (workshop for disabled people with vocational training area or offer for daily organization according to housing and care contract of 30.06.2010). The village community M. describes itself in the contract as an institution of “integration assistance for people with disabilities”, i.e. people who have a right to accompaniment, assistance, help, promotion or care described in SGB IX or … Read the rest
