Federal agency ignores PKV judgment in Hartz IV

The Federal Employment Agency disregards the PKV judgment of the Federal Social Court. Privately insured Hartz IV beneficiaries remain sitting on their debts.

03/03/2011

The Federal Social Court had decided on January 18, 2011, that private health insurance (private health insurance) Hartz IV recipients have a right to full reimbursement of PKV insurance contributions up to the amount of the health benefits of the statutory health insurance oriented base rates (Az .: B 4 AS 108 / 10 R). Previously, there was a shortfall of about € 160, which had to be borne by those affected from the Hartz IV control benefits themselves. Since the assessment of the Hartz IV rates did not provide for such a cost coverage, most of the victims were in debt. According to the lawyer and expert of the Federal Government, Markus Klinder, the Federal Employment Agency (BA) refuses to take over the premium arrears before 18 January 2011. Allegedly, so the reasoning of the BA, there is no legal basis for this. For the lawyer a clear case of disregard of the judgment of the supreme social justice in Kassel.

Since the beginning of 2009 private insured persons are no longer automatically entitled to statutory health insurance if they receive unemployment benefits II. Instead, they must remain in the private health insurance despite poverty. „Due to a failed law, however, only the low contribution of legally insured persons in the amount of about 144 € will be reimbursed, although the contributions of the private health insurance even in the so-called base rate are much higher. This inevitably led to massive debt“, explained social lawyer Klinder.

According to the law firm, the procedure according to some Jobcenter employees on the part of the Federal Employment Agency „legally regulated“. „ The reaction of the Federal Agency in all litigation and opposition proceedings supervised by our law firm is therefore uniform“, Klinder explained. According to the law firm, the Federal Agency therefore opposes the verdict of the Federal Social Court „unjustified regulatory gap to the detriment of the Hartz IV recipients confirmed in the judgment and by a „unreasonable debt“ spoke.

For those affected, it now means to stay on the accumulated debt, although these were accumulated by an inadequate legislation and the way to the statutory health insurance remains blocked. Whether it will be sued again is very likely. (Sb)

Also read:
Legal or private health insurance?
Arge has to pay at Hartz IV PKV contributions
Hartz IV Bill: Rescue for the PKV?
PKV: Full reimbursement for Hartz IV recipients
Original message: PKV: Federal Agency ignores Hartz IV judgment

Picture: Dr. Klaus-Uwe Gerhardt