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Hartz IV: Job centers refuse to pay the full amount of private health insurance contributions before the Federal Social Court ruling
Although the Federal Social Court recently ruled that job centers must reimburse private health insurance contributions for Hartz IV recipients in the amount of a basic tariff comparable to GKV, job centers also refuse to pay insurance contributions retrospectively.
The Hartz IV portal "gegen-hartz.de" reports, the Federal Employment Agency has issued in its instructions that the contributions per request for review are only to be paid until the judgment is reached. In reality, this means that only contributions are currently being accepted until January 18. It can be read in the service instructions that initially only the current benefit cases have to be processed. "In the case of final decisions and pending opposition and lawsuit proceedings relating to the amount of the grant, retroactive periods prior to January 18, 2011 are currently not applicable."
In addition, the State Social Court of North Rhine-Westphalia, in file number L 19 AS 71/11 B, decided that the difference in the amount of private health insurance from Hartz IV authorities is still not payable. A plaintiff wanted to claim the missing amount because the job center refused to pay. The court wants to uphold the verdict until the justification for the verdict of the Federal Social Court has been officially published.
According to the social law expert Harald Thome, this creates a situation without constant case law (sections 40 (1) no. 1 SGB II in conjunction with section 330 (1) SGB III). Therefore, those affected should now in any case submit requests for review prior to the BSG judgment. But hurry is required here, the new Hartz IV laws will come into force in April. From this point onwards, checks can only be made retrospectively for one year instead of four. Around 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 refused. (sb)
Job centers have to reimburse contributions for private health insurance
Picture: Dr. Klaus-Uwe Gerhardt / pixelio.de