Consideration of nursing care insurance benefits in the assessment of maintenance needs under SGB VIII

The Federal Administrative Court (BVerwG) granted leave to appeal for the plaintiffs, ruling that their complaint was admissible and well-founded, and referring the matter to the full Senate to clarify whether and how nursing care insurance benefits under § 37 SGB XI must be considered when determining the amount of maintenance benefits for children or young adults under § 39 SGB VIII. The dispute concerned the legal relevance of social security payments from the statutory nursing care insurance scheme in the calculation of statutory support for minors or young adults, specifically addressing whether such benefits are to be offset against or integrated into the assessment of need for maintenance. The court identified a question of fundamental legal significance, necessitating review of the interplay between § 37 SGB XI (nursing care insurance benefits), § 39 SGB VIII (maintenance benefits), and § 93 Abs. 1 Satz 3 SGB VIII, to establish the proper method for accounting for these insurance payments in the benefit calculation.