Unique living arrangement disrupts the chain of care Federal Social Court clarifies jurisdiction regarding the move to a nursing home Federal Social Court, Judgment of March 12, 2026 – B 8 SO 4/25 R

Issues of territorial jurisdiction are among the most contentious topics in day-to-day social welfare law. Disputes between social welfare agencies arise particularly frequently when beneficiaries change their place of residence and this involves different areas of benefits—such as integration assistance and long-term care assistance. A typical scenario occurs when people with disabilities initially live in a specialized residential setting and later move to a residential nursing home due to increasing care needs.

1. Introduction

In practice, the question has regularly arisen in such cases as to whether the transfer to a nursing home triggers a so-called “chain of facilities” within the meaning of Section 98(2), second sentence, of SGB XII. According to this provision, the social welfare agency that had local jurisdiction over the beneficiary prior to admission to the first facility generally remains responsible. In its ruling of March 12, 2026 (B 8 SO 4/25 R), the Federal Social Court provided an important clarification on this matter, thereby confirming a line of reasoning previously developed in the case law of the Baden-Württemberg Regional Social Court.

The decision has significant practical implications for determining jurisdiction in cases of transfers from special living arrangements to nursing facilities.

Date: 16. Mar 2026