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The Federal Employment Agency disregards the PKV judgment of the Federal Social Court. Hartz IV beneficiaries of private health insurance remain on their debts.
On January 18, 2011, the Federal Social Court decided that Hartz IV recipients with private health insurance (PKV) are entitled to full coverage of the PKV insurance contributions up to the amount of the basic tariff based on the health services of the statutory health insurance funds (file number: B 4 AS 108 / 10 R). Previously there was a coverage gap of around 160 euros, which had to be borne by those affected by the Hartz IV standard benefits. Since the Hartz IV rates did not provide for such cost coverage, most of those affected are in debt. According to the lawyer and expert from the federal government, Markus Klinder, the Federal Employment Agency (BA) is now refusing to accept the arrears before January 18, 2011. Allegedly, so the BA's reasoning, there is no legal basis for this. For the lawyer, this is a clear case of disregard for the judgment of the highest social judges in Kassel.
Since the beginning of 2009, privately insured persons may no longer be automatically covered by statutory health insurance if they receive unemployment benefit II benefits. Instead, they have to remain in the PKV despite lack of resources. “However, due to a failed legal regulation, they are only reimbursed the low contribution of the legally insured in the amount of approx. 144 euros, although the contributions from private health insurance are considerably higher even in the so-called basic tariff. This inevitably led to massive debt, ”explained social lawyer Klinder.
According to the law firm, the procedure is "bindingly regulated" by the Federal Employment Agency, according to some job center employees. "The reaction of the Federal Agency in all lawsuit and objection proceedings, which our law firm supports, is therefore uniform," explained Klinder. In the opinion of the law firm, the Federal Agency is therefore opposed to the decision of the Federal Social Court that an “improper regulatory gap at the expense of the Hartz IV recipients concerned confirmed in the judgment and spoke of“ unreasonable indebtedness ”.
For those affected, it is now a matter of staying on top of the accumulated debts, even though these have been amassed due to insufficient legal regulations and the path to the statutory health insurance remains blocked. It is very likely that there will be another complaint. (sb)
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Original message: PKV: Federal Agency disregards Hartz IV judgment
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