Those in need of care receive care allowance if, for example, relatives take care of them in the home. But what if relatives support hospital staff with nursing care?
Nuremberg (dpa / tmn) - If people are cared for at home by relatives, for example, there is care allowance. This entitlement does not apply to the period in which those in need of care are hospitalized in the hospital. This shows a decision of the Nuremberg Social Court (Az: S 18 P 37/19), to which the German Lawyers' Association (DAV) refers.
In the negotiated case, a mother cared for her seriously ill child, even during a hospital stay lasting several months - until she died. The woman was convinced that without her commitment, adequate quality of care would not have been ensured - due to the personnel situation in hospitals. The nursing care fund did not pay any nursing allowance during the hospital stay. The mother complained.
She had no right in court. Because legally speaking, there is no entitlement to care allowance during this time. Although the mother had relieved the hospital staff, the conditions for the nursing allowance were not met. Because the long-term care insurance company pays for it so that those in need of care can stay in the home for as long as possible.
