Aid for non-prescription funds

Aid also for non-prescription medicines

09/24/2014

The Supreme Administrative Court of North Rhine-Westphalia has decided in two judgments that North Rhine-Westphalian officials in financial hardship cases can claim aid for non-prescription, medically necessary drugs.

Two retired civil servants, who suffer from a variety of illnesses, and had large sums in the years 2008 to 2010, had been sued. for medicines prescribed by their doctors but not prescribed. They claimed the existence of a hardship against the defendant country and claimed aid benefits insofar as their expenses exceeded 1% of their respective previous year's income.

The state rejected the claims because the claimed hardship rule in the North Rhine-Westphalian state aid law was not provided. In the first instance, the administrative court obliged the state to grant aid, as long as the expenses for medically prescribed non-prescription medicines exceeded 2% of the respective previous year's income. The appeals lodged by the defendant were rejected by the Higher Administrative Court. (Pm)

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