Investment amounts in accordance with Section 76 (2) SGB XII can be increased retroactively to the time of the start of negotiations by agreement or arbitration board ruling
BSG: Retroactive effect to the time of the start of the hearing is permissible
If a provider of integration assistance negotiates with the KVJS about the investment amounts of newly built facilities before they are put into operation, the actual or ultimately recognizable construction and other initial costs are usually not yet known at this time. The necessary operating investment costs to be recognized under performance law are usually only finally and bindingly determined by the proof of use to be provided as part of the funding procedure. For this reason, in practice the service providers often initially agree notional investment amounts with the KVJS on the basis of the planned construction costs, taking into account the construction price index. However, if the actual construction costs ultimately exceed the planned indexed construction costs, the fictitious investment amount leads to a considerable financing deficit. Such a financing deficit can be compensated for by increasing the investment amount retroactively to the start of negotiations by means of an arbitration award or an agreement.
NPOs, church and social institutions
