Germany: Legal entitlement established for disability work assistance

A legal ruling has established that people with severe disabilities have a legal entitlement to work assistance, meaning they do not have to pay for these services themselves. Under § 185 Paragraph 5 SGB IX, the Integration Office (Integrationsamt) is required to cover the necessary and reasonable costs of work assistance if specific criteria are met.

The core requirement is a clear division of tasks: the assistant compensates for disadvantages caused by the disability, while the individual remains responsible for their professional core tasks, decisions, and professional accountability. Typical assistance includes reading inaccessible documents, providing files, communication assistance, or accompanying the employee to different work locations.

To qualify, individuals must have a recognized degree of disability (GdB) of at least 50 and be employed or sustainably self-employed. While the Integration Office can verify the necessity and reasonableness of the costs, it cannot reject the claim by labeling it a voluntary discretionary benefit if all legal requirements are satisfied.