Legal context of prioritization in rehabilitation

Die Rehabilitation
F Welti

Abstract

Participation benefits (rehabilitation) in Germany are granted on the basis of public social security law. Allocation and prioritization, hence, are to be seen in a legal context. As far as they belong to subsistence level requirements, participation benefits have to be granted unconditionally in case persons are needy. As all kinds of participation benefits also are part of social assistance law it can be assumed that they are part of subsistence. In light of individual basic freedoms, members of an obligatory system of social security have to be granted essential benefits in case of major contingencies. Basic equality rights demand objective reasons for making distinctions. Discrimination on the basis especially of religion, race, gender and disability is forbidden. This has to be taken into account also in prioritization by benefit usefulness. Substantial criteria for prioritization have to be stipulated by law. The divided system of rehabilitation in Germany impedes a systematic prioritization because benefits continue to be granted according to different criteria. The social code book 9--SGB IX--demands common guidelines for the rehabilitation administration bodies, but these guidelines are not concrete enough so far. It r...Continue Reading

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