We are searching data for your request:
Verdict: additional contribution despite social assistance
Even those who receive social assistance (basic security in old age and in the event of disability) must pay the additional contribution from the statutory health insurance funds. This is based on a recent judgment by the Hessian State Social Court (LSG) in Darmstadt.
In the specific case, a man who receives basic security due to an incapacity to work (colloquially social assistance) complained to his health insurance company. This currently charges an additional contribution of eight euros per month. Funds require additional contributions if they can no longer make do financially with the benefits from the health fund. 11 health insurance funds are currently affected by the closure of City BKK. In the course of the healthcare reform, the previously set limit of the maximum additional contribution was lifted. The reason: In the opinion of the black-yellow coalition, the health insurance companies should compete more and raise premium income regardless of income.
In the opinion of the Hessian Regional Social Court in Darmstadt, payment of the additional contribution is also permissible if the insured person has only a very low income. The plaintiff had argued that it violates the German constitution if the health insurance company demands an additional contribution from an insured person who is unable to work and has only a low income at the Hartz IV level. The cash register resisted and drew attention to the possibility of the special right of termination.
The plaintiff could have changed the fund, but the judges saw it as proven that the insured could have exercised his special right of termination after the additional contribution had been collected. Because before the cash register makes an additional contribution, membership letters are sent with the announcement of the additional contribution, in which attention is also drawn to the special right to termination. Only if this information is missing can insured persons subsequently object to the survey, as was the case last with the closed City BKK. The state social judges were therefore unable to identify any violation of the German constitution. "Every insured person has the right to terminate the health insurance," it said in the judgment. This principle also corresponds to the concept of the implemented health care reform. Accordingly, Hartz IV recipients, recipients of basic security and other recipients of social benefits must in principle pay the additional contribution. The judges further pointed out that the legislature has created a so-called social compensation. This is intended to relieve lower income groups. The plaintiff must continue to make the additional contribution of eight euros or make use of the regular right of termination and change the fund. Case number: L 1 KR 24/11. (sb)
Health insurance: soon 70 euros for additional contributions?
Health insurance companies: Additional 100 euros in the future?
Health: Government relies on a flat rate per head
City BKK has to pay back additional contributions
Hartz IV: Health insurance companies have to check 1-euro jobs
Hartz IV: Debt through health insurance
More information and help on Hartz IV online:
Hartz IV Forum
Tacheles social assistance
Against Hartz IV
Picture: Dr. Klaus-Uwe Gerhardt / pixelio.de