Federal Constitutional Court approves 2011 cut in Schleswig-Holstein
Halving the blind money for adults in Schleswig-Holstein in 2011 from 400 to 200 euros a month did not violate the basic rights of blind people. This was decided by the Federal Constitutional Court in Karlsruhe in a decision published on Wednesday, March 28, 2018 (file number: 1 BvR 1379/14).
It rejected the constitutional complaint of a 58-year-old man at the time. He had claimed that the cut violated human dignity, the principle of equality and the welfare state. It violates not only the Basic Law, but also the United Nations Convention on the Rights of Persons with Disabilities and the European Social Charter.
With its decision of February 1, 2018, which has now been published in writing, the Federal Constitutional Court did not accept the appeal for decision.
As justification, the Karlsruhe judges referred to the legislator's wide scope for social benefits. Blind people are already granted blind aid to compensate for disability-related disadvantages, insofar as they are dependent on it. The state blind allowance is added regardless of need. A reduction in the state blind benefit is therefore not an interference with the disadvantage compensation
The Federal Constitutional Court emphasized that a prohibition of disadvantage, but not a specific entitlement to benefits, can be derived from the principle of equality. There is also no complete disability-related handicap-related disadvantages for disabled people.
Finally, the Karlsruhe judges made it clear that the United Nations' Convention on the Rights of Persons with Disabilities or the European Social Charter did not give a claim to an income-related blind benefit.
The 2011 cut in Schleswig-Holstein only affected adults. For children and adolescents, the state blind allowance has also remained at 200 euros per month. For adults, it was increased again in 2013 to 300 euros per month. Deaf blind people receive 400 euros per month. Since July 2017, blind people in Hamburg have received 529.22 euros, in Berlin even 555.74 euros. mwo / fle