🧭 Rights of people with disabilities at a glance
In brief
People with disabilities in Germany have their own body of benefits law: Book Nine of the Social Code (SGB IX). It brings together rules that apply to all rehabilitation providers – pension, health and accident insurance, the Federal Employment Agency (Bundesagentur für Arbeit), youth welfare and social assistance providers. Under § 2 Abs. 1 SGB IX, a disability exists if a physical, mental, intellectual or sensory impairment is highly likely to last longer than 6 months and, in interaction with barriers, may hinder equal participation in society.
The most important principle: no matter which provider you submit an application to, it must clarify within 2 weeks whether it is responsible – if necessary it must provide the benefit provisionally and claim the money back later. As an applicant you do not have to work out yourself which of many possible providers is responsible.
Step by step
- Identify your needWhether it is an ID, a place in a workshop, home adaptation or school assistance – describe informally what you need to an office you trust (rehabilitation provider, EUTB, social association).
- Submit an applicationAn informal written application to the first provider approached is enough. It must clarify responsibility within 2 weeks (§ 14 Abs. 1 SGB IX).
- Have your need assessedThe responsible provider assesses the rehabilitation need across providers and coordinates with other providers where necessary (§§ 19–25 SGB IX).
- Check the notice of decisionYou receive a written notice of decision (Bescheid) with instructions on legal remedies. You can lodge an objection (Widerspruch) against rejections or inadequate decisions.
- Use advice servicesIf you are unsure, the Supplementary Independent Participation Counselling (Ergänzende unabhängige Teilhabeberatung, EUTB) supports you free of charge and independently of the providers.
Deadlines
- A provider may not simply leave an application lying because it thinks it is not responsible – it must forward it within 2 weeks, otherwise it remains responsible towards you.
- "Rehabilitation before pension and care" means: participation benefits should prevent or delay the need for care and early retirement as far as possible – so always check rehabilitation and participation benefits first.
- The group of people entitled to integration assistance (§ 99 SGB IX) was actually meant to be redefined more narrowly; however, this reform has been postponed several times. Until further notice, §§ 1–3 of the Eingliederungshilfe-Verordnung in the version in force on 31 December 2019 continue to apply on a transitional basis.
- A GdB decision and entitlement under SGB IX Part 2 (integration assistance) are two different procedures with different requirements – one does not automatically replace the other.
In depth · legal basis, figures and practice – for advisers and professionals
Structure of SGB IX
Part 1 (§§ 1–89) contains the rules common to all rehabilitation providers (procedure, participation planning, personal budget, women's representatives). Part 2 (§§ 90–150) regulates integration assistance as an independent benefits statute (since its complete separation from social assistance law by the Federal Participation Act on 1 January 2020). Part 3 (§§ 151–241) contains the law on severe disability: ID, compensation for disadvantages, special protection against dismissal, workshops and employers' duties.
Clarification of responsibility under § 14 SGB IX
If someone applies for participation benefits, the rehabilitation provider that receives the application first ("first provider approached") must check within 2 weeks whether it is responsible under the benefits law that applies to it. If it considers itself not responsible, it must forward the application without delay to the provider it considers responsible – if it does not do so in time, it remains responsible in relation to the person entitled and must provide the benefit, if necessary provisionally (§ 24 SGB IX), with a right of reimbursement against the provider actually responsible.
UN Convention on the Rights of Persons with Disabilities
Germany ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD) in 2009. As a federal statute it is directly applicable law and a standard of interpretation, but for the most part it does not create individual claims that can be enforced directly; it works as a programmatic provision and interpretive aid for SGB IX and other laws – for example when interpreting Art. 24 (education) or Art. 27 (work).
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.