Federal administrative court: municipalities may not limit reimbursement
Youth offices have to self-mothers days and fathers to reimburse the actual contributions for voluntary statutory health – and nursing care insurance, half. These are always “angemessen“, a limitation of the applicable regulations, held on Thursday, 28. February 2019, the Federal administrative court in Leipzig, Germany (Az.: 5 C 1.18).
In the concrete case it was a self-employed childminder, which had insured in the dispute, the period from June to December 2012 voluntary statutory health and nursing care. Since her husband as a police officer, none of the statutory health insurance heard, took into account the health insurance for the calculation of the cash contributions not only to the income of the wife, but also her husband. On a monthly basis, you should therefore pay € 253.
Of the city of Leipzig, the days mother demanded half of the refund of proven contributions, here for seven months, a total of 1.771 Euro. You referred to a provision in the code of social law book VIII. For the promotion of children in day care must then municipalities, half of the contributions “to a reasonable medical insurance and Pflegeversicherung“ refund.
The city refused to do so. You are granted only a refund in the amount of approximately 496 Euro. Only this is “angemessen“. The municipality had only those cash contributions, which would have to pay the childminder without the required consideration of the income of your verb with a civil servant status man.
However, the wife is entitled to a refund of additional 390 euros, was the verdict of the Federal administrative court. Voluntary statutory health and nursing care insurance was in any case “angemessen“. The expenses for this should be paid therefore to the half. The applicant had also occupied their actual expenses. On the amount of contributions to the statutory insurance. fle/mwo