Staying in Germany

Disabled artists and cultural sector professionals staying in Germany temporarily or for a longer period can find information on this page about some of the issues relevant to their everyday working lives. Brief texts provide information on topics such as passes for severely disabled persons, benefits for severely disabled workers, deducting additional disability-related expenses as business expenses, driving licences and vehicles adapted for people with disabilities. Further sources of information are also provided.
 

Pass for severely disabled persons

In Germany, you can obtain a pass for severely disabled persons if you have a disability that scores at least 50 points on the disability scale (Grad der Behinderung, GdB). The pass entitles you to support in various areas, such as travelling with an accompanying person, discounts and tax relief.

The application process varies from state to state. The einfach teilhaben website provides an overview of the necessary steps. For the application, you will need to provide proof of the disability such as medical reports and assessments. These can include reports from doctors and specialists, hospital reports, notifications of the recognition of occupational accidents/illnesses or injuries sustained during war/military service/civilian service and reports from rehabilitation facilities. It takes at least three months to process the application and/or any request for extension. If your application is rejected or if the degree of your disability is lower than expected, you can appeal within one month. In this case, it is advisable to check whether you can provide further medical evidence.

A German pass for severely disabled persons is only valid in Germany. Similarly, foreign disability passes are not recognised in Germany. However, the German pass includes an English-language note stating that the holder is severely disabled. This could be useful if there are special rules for people with disabilities abroad (e.g. discounted admission).

Caritas has published a written overview in German, English, French, Spanish, Kurdish, Ukrainian, Farsi and Arabic, which you can find here. There is also an overview in sign language and simple language. You can find these here.

Can I get a severely disabled person's pass if I am from another country?

Your nationality is irrelevant when determining your degree of disability (GdB). A severely disabled person's pass can be issued regardless of German nationality— but only if you legally live, work or reside in Germany. You can also obtain a severely disabled person's pass if you can prove that you have a legal interest in determining your degree of disability. For example, this would apply if you pay taxes in Germany and wish to claim the tax-free lump sum for disabled persons (information in German).

Sometimes, no degree of disability is determined, meaning that no severely disabled person's pass is issued. This can be the case if you have:

  • a tourist visa and are only in Germany temporarily, e.g. for a business trip,
  • are being deported,
  • do not have a temporary residence permit,
  • do not need a recognised degree of disability or severely disabled person's pass in Germany because you live abroad and do not wish to claim any rights in connection with the recognised degree of disability in Germany.

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Benefits for severely disabled workers: an overview

Severely disabled artists or persons engaged in the cultural sector who are employed or self-employed may be entitled to specific benefits to support their participation in working life, provided certain conditions are met. These benefits can be provided by the respective Integration Office (Integrationsamt). Specifically, these include:

  • Financial assistance for technical work aids (Section 19 Compensatory Levy for Non-Employment of Severely Disabled Persons Ordinance, SchwbAV):
    Assistance with the purchase and use of aids in the workplace, e.g. height-adjustable tables, special software or technical assistance systems.
  • Assistance in getting to work (Section 20 SchwbAV):
    Coverage of travel costs, transport service costs or vehicle conversion costs if the commute to work is made more difficult due to the disability.
  • Subsidies for modifications necessary to enable the person to work close to home (e.g. barrier-free access, stair lift).
  • Benefits for participation in measures to maintain and expand professional knowledge and skills (Section 24 SchwbAV):
    Subsidies for continued education, training or retraining that contribute to securing employment or self-employment.
  • Coverage of costs for necessary work assistance (Section 185 (5) of Book IX of the German Social Code (SGB):
    Coverage of costs for personal assistance in the workplace, e.g. readers, mobility aids and communication assistance.
  • Supported employment (Section 185 (4) SGB Book IX in conjunction with Section 55 (3) SGB Book IX):
    Financing of measures for individual in-company training with the aim of permanent integration into the general labour market.

These benefits may also be available to freelance artists, for example, if the aim is to find permanent gainful employment in the context of artistic self-employment. In such cases, individuals should seek advice from the integration office, the employment agency or a social welfare association.

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Disability-related additional costs

Disability-related additional costs can be claimed as business expenses by self-employed persons under certain conditions. This depends on the type of costs involved and how they are connected to the respective professional activities.
The general rule is that business expenses are all costs incurred in the course of business (Section 4 (4) of the German Income Tax Act, EStG). If the disability-related costs are objectively related to self-employment, they are generally deductible.

Examples of deductible disability-related business expenses include:

  • Assistance costs if necessary for carrying out a profession (e.g. hourly wages, social security contributions, placement costs for a typist, sign language interpreter or mobility assistant).
    Deductibility: expenses can be claimed as business expenses if the assistance is only provided while carrying out professional activities. These expenses cannot be claimed as business expenses if the assistance is provided outside of work (although they may be claimed as an extraordinary burden under Section 33 of the EstG).
    Note: proof in the form of a notice of approval from the relevant authority (e.g. integration office) may also be useful.
  • Work equipment or technical aids
    Examples: screen readers, voice control, Braille displays, special software
    Prerequisite: professional use (e.g. for customer communication or accounting)
    Deductibility: 100% business expense if used exclusively for business purposes.
    Depreciation (AfA) may apply if the net purchase price exceeds EUR800.
  • Conversion costs for a home office if the home office needs to be adapted for a disability and is used for business purposes.
    Deductibility: business expense if the home office is recognised and the equipment is used exclusively for professional activities.
  • Travel costs for a vehicle adapted for disabled persons, provided that the vehicle is used for business purposes (e.g. customer appointments, deliveries)
    Example costs: purchase costs (pro rata), conversion costs, operating costs (petrol, maintenance)
    Deductibility: operating expenses in proportion to professional use;
    a logbook or estimate (e.g. 50% professional, 50% personal) is required. Conversion costs for disability: fully deductible if no professional use would be possible without the conversion.

Important: Proof of business necessity is crucial. A clear distinction must be made between purely personal (extraordinary) expenses and business expenses. Any subsidies from cost bearers (e.g. integration office, pension insurance) must be offset if applicable. Disability-related costs that are not business-related (e.g. care costs, general assistance in everyday life, personal mobility costs) cannot be deducted as business expenses but may be deductible as extraordinary expenses (Section 33 EStG).

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Driving licences and private vehicles adapted for disabled persons

In many cases, it is possible to obtain a driving licence even with a disability. When applying for a driving licence, the issuing authority usually requires a medical report (information in German). This report specifies whether the applicant is capable of driving a vehicle and participating in traffic.

Private vehicles can be adapted to enable driving. If you meet certain criteria, you are eligible for assistance under the Germa Motor Vehicle Assistance Ordinance (Kraftfahrzeughilfe-Verordnung, KfzHV). Applications can be submitted to a rehabilitation provider (integration assistance provider, statutory accident insurance, statutory pension insurance, employment agency, integration office, social welfare office, etc.). The rehabilitation provider responsible depends on your personal situation. More information about this is available here (in German). 

Barrier-free rental cars for active drivers and passengers are now available from most car rental companies and can be reserved online.


More information  Tax deductibility of private driving

Tax deductibility of private driving (information in German)

Independent advice on motor vehicle assistance

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