The Bundessozialgericht (BSG) has decided (Az: B 4 AS 108/10 R), that has people on unemployment benefit II the right to have the support of basic security contributions to private Make health insurance in full must.
Since the Act to enhance competition in the statutory health insurance (SHI competition Enhancement Act - GKV-WSG) private insurance, have a financial problem if they are in need of help. Unlike before, they are not automatically members of the public health insurance if they apply payments to secure a livelihood after the Second Social Code (SGB II ). You remain obligated to obtain a private health insurance upright. The support of basic insurance covers part of the cost of approximately 130, - € per month. Remaining contributions had unemployment benefit or social assistance recipients now pay their basic security.
The basic rate does not change it, because in this description would § 12 paragraph 1c VAG a halving of the contribution provided by neediness. But the reason backup support was only legally obliged to take the remaining half of their contribution to the review, "which is to bear for recipients of unemployment benefits in the statutory health insurance." This does in fact, that is also bisected by the contribution rate to the base a significant portion of either of those in need even be applied - or who is not paid. Then, however, the health insurer still looking § 193 paragraph 6 SG "expenses for the treatment of acute illness and pain as well as pregnancy and motherhood list.
social and regional social courts have different procedures for the benefit of needy decided that the support of basic security, not only 130, - €, but also take the full, remaining contributions to the basic tariff.
The Federal Social Court in the case of an independent lawyer made a decision, adopted in 2009 required basic security for jobseekers. This was according to a press release the Court of a private health insurance with € 207.39 contribution could complete, but no change in the statutory health insurance. The BSG classified the non-existent contribution scheme to open as part of "law inherent loophole in terms of a planned anti-incompleteness of the legal regulations" field. The grounds of the GKV-WSG does not indicate that it should have been the legislative intent to drop private insurance in need in the rain. On the contrary, just the base rate had been executed, that the purpose of that, "the parties are not overstretched financially.
the constitution would also guaranteed subsistence minimum is not reached, if the legislature is forcing people to take out not by them affordable insurance. The court also refers to the arrangements for voluntarily insured by law, which are also in case of need they no longer own contributions required and requested to be protected by analogy also in need private insurance, the minimum subsistence level.
The association of private health insurance (PHI Association) welcomed the decision in a statement. The court "finally creates clarity for the benefit of those in need: For their constitutionally guaranteed subsistence minimum is adequate health insurance coverage. It could not be that the welfare state rolls through an "artificial" reduction in its support is the task of assuring the subsistence of health insurance, both in the case of statutory and private health insurance. However, this can not resist the jab association, statutory health insurance receive as opposed to private health insurance, billions of grants. " Further urges the PHI Association for the legislature to act and to eliminate the loophole.
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