The additional contribution from the health insurance companies is not a “particular hardship” for Hartz IV recipients, as the Freiburg Social Court currently ruled. Unemployment benefit II recipients have to pay additional contributions themselves.
Hartz IV recipients must pay the additional contribution from the health insurance companies. In the course of the health care reform, the legislature has decided to take over the additional contributions for recipients of unemployment benefit II and social welfare benefits, but only the average additional contributions are taken over by the federal government. The average additional contribution is currently “zero euros” because only a minority of the health insurers currently require additional contributions. If a health insurance company changes its statutes, those affected must pay the additional contribution from the ALG II standard rate. Quite a few of the health insurance companies plan to change the statutes or have already implemented them.
Additional contribution no case of "special hardship" A new judgment of the social court Freiburg / Breisgau (Az. S 14 AS 3578/10) sees no case of "special hardship" for those affected. This means that Hartz IV recipients are not entitled to receive the additional contributions if they have missed an exchange date due to the collection of additional contributions. The verdict states that the legislature has provided for health care reform to change health insurers if they require flat-rate additional contributions. Such a change under the special right of termination is a "legally required rule", the judges. Anyone who misses a changeover date is therefore not entitled to the job center to cover the costs and remains on it themselves.
According to the Social Code (SGB), the statutory health insurance fund can be terminated until the first due date if an additional contribution is charged. "And since every member of the health insurance fund can do the same, regardless of whether they receive social assistance or not, this compulsion to change does not mean a particular, but only a general hardship," commented Dr. Dietmar Breer in a press release the decision of the social court. However, this "normal" burden of an additional contribution is not sufficient for the service providers to cover the costs. The social court has now strengthened the attitude of the job center and significantly weakened the position of those affected. (sb)
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