BGH judgment: Nursing allowance may not be seized

Status: 01/16/2023 11:46 a.m

The Federal Court of Justice has ruled that forwarded care allowance does not count as earned income. It should not be seized even if a caring relative is overindebted. Because that would contradict the legal goal.

Care allowance may not be seized if a person in need of care forwards it to a caring relative. That was decided by the Federal Court of Justice in Karlsruhe. It is not a payment for certain services, but a material recognition, the judges explained.

In this specific case, it was about an over-indebted mother from the Oldenburg area. The woman had cared for her autistic son who lived with her and received the care allowance from him. According to the statutory provisions, those in need of care from “Care Level 2” can receive a care allowance from the care insurance company instead of home care assistance. Those in need of care can then pass this money on to the caregiver, thereby incentivizing home care.

Care allowance is intended to increase the willingness to care

The mother’s insolvency administrator wanted access to the care allowance and requested that this be counted as attachable income from work. However, the Federal Court of Justice disagreed. The care allowance passed on by the person in need of care to the caregiver is non-seizable.

The legal aim of the care allowance is to increase the willingness of relatives, friends or neighbors to provide care. If the care allowance passed on by the person in need of care could be attached, the statutory purpose of the service would not be achieved. The care allowance does not represent an income from work, but is a voluntary payment by the person in need of care to the caregiver. This also stands in the way of attachment. The BGH dismissed the complaint of the insolvency administrator.

File number: IX ZB 12/22

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