created: 01.10.2004
last modified: 01.10.2004
Application
The application at the local maintenance council is the precondition for the acknowledgement as a "Severely Disabled". Forms are available at the municipality and you should keep a copy for your own files. It's also a good idea to inform the medicating doctors about the application because the council refers to them regularly. The ascertainment after which a Diabetic gets acknowledged as a "Severely Disabled" follows the "Clues for the doctor's censorship in the Social Compensation Law and the Severely Disabled Law" of November 1996. According to this diabetes mellitus gets rated as follows:
Frequent hypoglycaemias as well as organ complications need to be rated in addition according to their consequences. As of Nov. 1996
These "clues" are also no legal norms, which the social courts would be bound to, but internal administrational rules. If several disabilities are the case a total evaluation is needed. Hereby the consequences of the single disabilities may not be added up, but the all over effect of the limitation is to be rated. The all over rating is also to be done if a new disability comes along. This can be the case if additional limitations occur because of symptoms of old age or general wear out.
Equal status with Severely Disabled according to § 2 SchwbG (Severe Disability Law)
Disabled people with a grade of disability under between 30 and 50% are able to get a status equal to "Severely Disabled" if they can't get or maintain a suitable profession because of their limitation and the fact that they don't have equal status. The equation becomes operative on the day of the incoming of the application and can be temporary.
This application is to be made at the responsible labour exchange and you need to add a copy of the certificate about the grade of your disability (between 30 and 50%) from the maintenance council
The equation also affects the rights of the employer, that's why the applicant must agree to the information of the employer by the labour exchange. Disabled people with a status equal to severely disabled people can also only be dismissed with the agreement of the main care institution. There's no claim for additional holiday.
Tax Reductions
Due to the unusual strain that diabetics can have, they can claim a lumped sum on a yearly basis. An application for tax reductions can be made from a grade of disability of 25% onwards. The unusual strain in connection with the disability is compensated by tax reducing lumped sums or after proof of the actual increased financial expenditure.
Special Regulations for Children and Adolescents
The lumped sum is transferred to the parents, as long as they receive an allowance for dependant children and the child can't engross the sum itself.
A special tax regulation has been forfeited for children and adolescents with diabetes mellitus. According to that at a disability grade of 35% onwards a lumped sum of 310 euro can be written off. For children with the "H" (helpless) or "Bl" (blind) in their disabled Ids as well as for disabled of the nursing rate 3 the lumped sum increases to 3700 euros. This is valid until the 16th birthday, in exceptions even until the 18th birthday.
Besides from that there is the possibility, to claim further extraordinary expenditures in special cases (for example employment of a housekeeper, or lumped sums for the one-on-one care of a helpless disabled). These cases are tied to certain preconditions.
Here not the state of health is being rated, but the current blood glucose tests, the determination of the insulin, the preparation of meals and the monitoring of the necessary ingestion of food and the physical activity.
