Article 41 (1) of Book 8 of the Social Code stipulates: Young adults shall receive suitable and necessary support whenever and wherever their personal development does not allow them to exercise independence, responsibility and autonomy.
Article 41 (1) of Book 8 of the Social Code (SGB VIII) states that young adults shall receive suitable and necessary support in cases where their personal development does not allow them to exercise independence, responsibility and autonomy. Support is normally not available beyond the age of 21; in justified individual cases it may be extended for a defined period of time. Once service provision has ended, it may be re-approved or continued in accordance with sentences 1 and 2.
The understanding behind this form of support is that today, adolescence is not limited to a certain age or status; instead, it can extend far beyond an individual’s 18th birthday. This is why, legally speaking, support should not be discontinued abruptly just because the recipient has turned 18. The problems associated with a premature discontinuation of support have been clearly highlighted by the global Care Leavers Community: homelessness, vocational training dropout, psychosomatic reactions, and an inability to procure paperwork from parents, to name just a few. Care Leavers are calling to increase the age limit for support to 25; while this has the backing of many specialist organisations, the law has not yet been amended accordingly.
The types of support available to young adults are generally aligned with the range of non-residential and residential socio-economic support services. However, when it comes to young adults, emphasis is given to (residential) care in homes, group accommodation and foster families, although non-residential support also plays a role.
Young adults are entitled to support for a reasonable period of time after receiving the assistance they need in becoming independent; this support has to be understandable and accessible to them (Article 41a [1] of Book 8 of the Social Code [SGB VIII]). Should the discontinuation of support be premature and have a negative impact, it can recommence (Article 41 [1]). This is why the youth welfare office should reach out to young adults at regular intervals after support has ceased (Article 41a [2]).
Once the youth welfare office has decided to consider discontinuing the support, one year ahead of the planned date as stated in the support plan the office should verify whether responsibility for the young recipient should pass to another provider (Article 41 [3]).
Until May 2021, young adults were asked to contribute to the cost of support; this contribution could amount to up to 75% of their income, plus any assets they may have had. This has now ended; their assets are no longer taken into account and their contribution is capped at 25% of their income. Income from internships, work experience, holiday jobs, volunteering placements and EUR 150 of apprenticeship pay is also disregarded (Article 94 [6]).