Hartz IV Jobcenter refuse PKV-difference

Hartz IV: Job centers refuse to pay the full PKV contributions for the time before the Federal Socials judgment

28.03.2011

Although the Federal Social Court had recently ruled that job centers must reimburse the contributions of the private health insurance for Hartz IV recipients in the amount of one of the GKV comparable basic rates, job centers also refuse retroactively to pay insurance premiums.

The Hartz IV portal „gegen-hartz.de“ reported, the Federal Employment Agency has issued in its instructions that the contributions are only to be paid by the petition for review until the sentence is passed. This means in reality that only one contribution take place until 18 January currently. In the service statement is to be read that initially only the current benefit cases are to be processed. „For final decisions and pending opposition and legal proceedings relating to the amount of the grant, retroactive periods prior to 18 January 2011 are currently not applicable.“

In addition, now the Landessozialgericht North Rhine-Westphalia in file L 19 AS 71/11 B decided that continue to pay the balance of private health insurance of Hartz IV authorities. A plaintiff wanted to sue for the missing amount because the job center refused to pay. The court wants to uphold the sentence until the verdict of the Federal Social Court was officially published.

According to the social law expert Harald Thome, this creates a situation without permanent case law (§§ 40 para. 1 no. 1 SGB II in conjunction with i § 330 para. 1 SGB III). Therefore, data subjects should in any case now submit requests for review before the SPC judgment. But in this case hurry is required, from April, the new Hartz IV laws come into force. From this point on, reviews can be held retroactively for only four years instead of four. About 6000 unemployment benefit II recipients are mostly involuntarily insured in a private health insurance. Most of those affected were previously self-employed. The way back to the statutory health insurance is legally denied. (Sb)

Also read:
Job centers must reimburse contributions for private health insurance

Picture: Dr. Klaus-Uwe Gerhardt