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Payments to secure sustenance
Prerequisites for claims
Who receives payments to secure sustenance?
Payments to secure sustenance are only granted upon application and for a limited period.
Persons aged 15 up to the standard pension age limit (2012: 65 years and one month; 2013: 65 years and two months), who are capable of work and in need of assistance are entitled to a claim.
- Capable of work means someone who is in a position to work at least three hours a day.
- In need of assistance means someone who cannot ensure his sustenance or the maintenance of his family by his own efforts (e.g. use of income or assets).
The members of the family living in a community of requirements with the applicant also have a claim to payments. A community of requirements designates persons who live in the same household and keep house together. Likewise, it is expected that each member of the community of requirements uses his income and assets in order to cover the overall requirements of all members of the community of requirements.
Who has no claim to payments?
As a matter of principle, the following persons cannot receive payments according to Volume III of the German Social Code (examples):
- pensioners already receiving an old-age pension before they reach the standard old-age limit
- persons who have reached the standard old-age limit
- foreigners who cannot obtain a work permit
- asylum seekers and tolerated refugees
- persons with lasting total reductions of working capacity from completion of their 18th age of life
- persons with restricted (full) reductions of working capacity from completion of their 18th age of life not living in one household with a member of the family capable of work.
For these persons, a different state provisions payment from a different payment scheme (e.g. Social Welfare Office of the City of Münster) can be considered in need of assistance.