Hartz IV additional contribution despite social assistance

Verdict: additional contribution despite social assistance

06/08/2011

Even those who receive social assistance (basic insurance in old age and incapacity for work) must pay the additional contribution of the statutory health insurance. This comes from a recent judgment of the Hessian State Social Court (LSG) in Darmstadt.

In the specific case, a man, the basic security due to a disability (colloquially social welfare) refers, against his health insurance. This currently levies an additional contribution of eight euros per month. Additional contributions require funds if they can no longer get along with the benefits from the health fund. Affected are currently after the closure of City BKK 11 health insurance. In the course of the health reform, the previously set limit of the maximum additional contribution was abolished. The reason: The health insurance should come in the opinion of the black-yellow coalition more competitive and collect premium income also income independent.

In the opinion of the Hessian State Social Court in Darmstadt, the additional contribution is also permissible if the insured person has only a very low income. The plaintiff had argued that it contravened the German constitution if the health insurance company demanded an additional contribution from a disabled person who had only a low income at Hartz IV level. The cash register defended itself and drew attention to the possibility of the special right of termination.

The plaintiff could have changed the cash register
However, the judges considered it proved that the insured person could make use of his special right of termination after collecting the additional contribution. Because before the fund raises an additional contribution, membership letters are sent with the announcement of the additional contribution, in which attention is drawn to the special right to termination. Only if this information is missing can insured persons subsequently defend themselves against the collection, as was the case last with the closed City BKK. The state social judges could therefore make no breach of the Federal Constitution. "Every insured has the right to terminate the health insurance," it said in the verdict. This principle also corresponds to the concept of implemented health care reform. Accordingly, Hartz IV recipients, recipients of the basic security and other social service recipients must in principle pay the additional contribution. The judges subsequently pointed out that the legislature had created a so-called social compensation. This should relieve lower income groups. The plaintiff must now continue to pay the additional contribution of eight euros or make use of the regular right of termination and change the cash register. File number: L 1 KR 24/11. (Sb)

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Further information and assistance to Hartz IV in the net:
Hartz IV Forum
Tacheles social assistance
Against Hartz IV
Jobless Forum

Picture: Dr. Klaus-Uwe Gerhardt