Special Needs & Disability

Disability is defined as a limitation of physical, psychological or mental ability that lasts longer than six months and prevents a person from living a life typical of their age. Disabilities include not only physical and mental conditions but also chronic illnesses (such as rheumatism, multiple sclerosis, cancer) and mental illness.

There are several degrees of disability (in German: "Grade von Behinderung" or "GdB") ranging from 20 to 100. The higher your GdB (i.e. the harder your disability), the more support you receive from the state. Your doctor will determine what your GdB is.

The German state supports people with disabilities to compensate for the disadvantages they have to face due to their conditions. This regulation is called "disadvantage compensation" („Nachteilsausgleich“ ). Disabled people can, for instance, benefit from the following:

• Special medical care
• Assistance in job hunting or protection from dismissal
• A household helper
• Support for childcare costs
• Cost-free use of buses & trains
• Early retirement
• Lower taxes

But not every person with a disability is entitled to all of these special supports. Your personal condition determines if such support options apply to you and when so, from which ones you can benefit.

To apply for support from the state, you must first register for a "Disability Card" ("Schwerbehindertenausweis"). Only people with a severe disability (a GdB of 50 or higher) can obtain this card. To apply for a "Disability Card", you must fill the relevant form and hand it in (along with all your medical certificates) to your local Pension Office ("Versorgungsamt"). In case your GdB is lower than 50, you may still be able to benefit from the support you need under some circumstances. To do so, seek help from a counselling centre.

Please note: You can apply for a "Disability Card" regardless of your residence status, which means even if you are still in the asylum procedure or have a Tolerated Stay ("Duldung"), you can still obtain a "Disability Card".

All counselling centres also provide support to people with disabilities. For instance, you can go to a Migration counselling centre for Adults- or if you are under 27, seek advice from a Youth Migration Service (JMD) in your area. The staff in both organisations speak various languages. Refugees with disabilities can also find help at ProAsyl (in German and English) by calling 069-242 31472 or sending an email to proasyl@proasyl.de.

You can also contact one of the five organisations and associations which offer support to people with disabilities in Germany- where you can find detailed information about everyday life, law, work, health insurance and various other matters related to the people with disabilities (in German):

• Federal Association for the Blind and Partially Sighted ("Deutscher Blinden – und Sehbehindertenverband", DBSV)
• Federal Association for People with Physical and Multiple Disabilities ("Bundesverband für Körper und Mehrfachbehinderte", BVKM)
• Federal Association for the Disabled ("Bundesverband Selbsthilfe Körperbehinderter e. V.", BSK)
• German Association for the Deaf ("Deutscher Gehörlosenbund")
• Federal Association of Lifetime Help for People with Mental Disabilities ("Bundesvereinigung Lebenshilfe für Menschen mit geistiger Behinderung")

The youth welfare office in your municipality or district is responsible for children with disabilities and offers advice and support to families. At www.jugendaemter.com  you will find the Youth Welfare Office responsible for you. To learn more about your rights and opportunities you can also check www.familienratgeber.de and  www.kindergesundheit-info.de. Furthermore, on www.bvkm.de, you will find a helpful brochure concerning children with disabilities and their needs, and on www.patiententelefon.de, you can benefit from a useful collection of links and contact information for parents.

The inclusion of children with disabilities in regular schools is promoted in Germany, but these children can also attend specialised schools, which are tailored to fit their particular needs. The Youth Welfare Office responsible for you or a counselling centre nearby can provide you with more specific advice.

As a result of your disability, you are considered to be a "particularly vulnerable" individual entitled to special rights. When registering as an asylum seeker, inform the BAMF staff about your particular condition. If needed, you have the right to be accommodated in special housing facilities. Furthermore, you are entitled to adequate medical care. You may also receive extra financial aid because of your special needs. Seek help from a social worker in your housing facility or a counselling centre, in case the staff in the initial reception centre cannot provide you with the assistance you need.

Disability alone is not considered as a sufficient reason to seek asylum, refugee status or subsidiary protection in Germany. However, if you are persecuted because of your disability, then you may be granted asylum or refugee status. If you are treated inhumanely in your home country as a result of your condition, you may be granted subsidiary protection regardless of the severity of your disability- the determining factor for the asylum procedure is that you are persecuted or badly treated because you are disabled. If this applies to you, make sure to seek advice from a counselling centre or lawyer.

If you need regular medical care and cannot acquire it in your home country, the BAMF may issue a national ban on deportation. With a national deportation ban, you will be granted a residence permit for one year. Such a permit can be extended if your personal situation or the situation in your home country does not improve.

If you do not need medical attention, but cannot work because of your disability, and neither the state in your home country nor your family supports you, you may be issued a national ban on deportation. With a national ban on deportation, you will be issued a residence permit for one year. Such a residence permit can be extended if your personal situation or the situation in your home country does not improve.

During the asylum procedure, the BAMF will check whether you are entitled to a national ban on deportation. Keep in mind that you should bring all your German and foreign medical and hospital certificates to the hearing at BAMF. In addition, the BAMF will check the situation in your home country and your prospects there. Make sure to seek advice from a counselling centre or a lawyer in advance.

In principle, you cannot obtain a permanent residence permit as long as you depend on social security benefits. However, disability can be considered as a reason for exemption: if your disability is the reason why you cannot work, you can still obtain a permanent residence permit. However, you must be able to prove your inability to work with medical certificates.