US national Gründsicherungsempfänger seeks help to travel to US

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Hi, I am a long timer here near Mü and recently a Gründsicherungsempfänger and US national.

Under the Sozialgesetz I am permitted foreign travel only once per year and only for 30 days.

I need to visit my very aging mother (90 yrs old) who has little time left on this planet. Since i visited the US in Feb. I must wait for Feb 2021 for a return visit and only for 30 days. How is it possible that I cannot be with my mother at this late stage in her life?  All my requests for an exception to the rule have been denied by the Landratsamt. I mean, even German citizens are allowed longer visas than 30 days. I am astonished that I do not have the feedom to be with my mother (fading fast) due to the requirements of my Gründsicherung.

Is there any legal redress for my situation? Perhaps most retirees do not even have living parents and this has never come up.

Most Gründsicherungs cases are German citizens.

I really need to spend some time (very late) with her and am astonished that the law does not allow this.

Can anyone help me? There is not much time left for us.

Thank you

email: minnesinger5 (at) yahoo.co.nz

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1 hour ago, minnesinger said:

How is it possible that I cannot be with my mother at this late stage in her life? 

 

Of course you can. Just go. Corona complications may make it interesting, but no one is chaining you to the floor here.

 

From https://www.steuertipps.de/altersvorsorge-rente/altersvorsorge/bei-grundsicherung-nur-noch-vier-wochen-urlaub

Quote

Hierdurch wurde § 41a neu ins SGB XII eingefügt. Dort heißt es: »Leistungsberechtigte, die sich länger als vier Wochen ununterbrochen im Ausland aufhalten, erhalten nach Ablauf der vierten Woche bis zu ihrer nachgewiesenen Rückkehr ins Inland keine Leistungen«.

 

So as I understand it, your benefits will stop after your 5th week abroad and will not return until you document your return to Germany. Like all social assistance programs, they exist only for residents actually in Germany. If you are gone "too long", you may also lose your residency status entirely. Different states court's have different ideas about how long exactly that is, but as long as you have a return ticket booked upon your leaving, and do not exceed 12 months (or 8 weeks? Might want to get clarification on that or perhaps someone knows), it will be assumed that you are returning. Of course, who will cover your rent/other costs in your absence is another question. 

 

Note I am not a lawyer and my understanding is based on 10 minutes of google. 

 

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