Deductible insurance contributions in the calculation of benefits for basic security in old age

Some insurance premiums can be taken into account when calculating the benefits for basic security or. To be deducted from the income when calculating social assistance. § 82 SGB XII defines the concept of income in chapter 11 of the SGB XII (use of income and assets). § 82 Abs. 2 no. 3 SGB XII contains the regulations on the deductibility of insurance premiums:

§ 82 Concept of income

(1) Income includes all income in money or money's worth with the exception of benefits under this book, basic pension ..

(Link: to the text of the law here in the Internetautritt)§ 82 Abs. 2 No. 3 SGB XII

Contributions to public or private insurances or similar institutions are to be deducted from the income, provided that these contributions are prescribed by law or reasonable according to reason and amount Are, as well as subsidized retirement contributions under Section 82 of the Income Tax Act, provided they do not exceed the minimum own contribution under Section 86 of the Income Tax Act.

§ 82 Abs. 2 No. 3 SGB XII is to ensure that the beneficiary is left with sufficient funds for generally accepted contributions to public and private insurances. The insurances must either be prescribed by law or be appropriate according to reason and amount.

Insurance premiums required by law within the meaning of § 82 para. 2 no. 3 SGB XI

Legally prescribed z. B. The Nursing care insurance for private health insurance (§ 23 SGB XI) and in some countries also the Building insurance. The Car insurance is also required by law. However, according to the case law of the Federal Social Court (Bundessozialgericht), the recipient can be expected to forego the use of a motor vehicle. Exceptions are only accepted for cases in which the person concerned is dependent on the use of a motor vehicle (

Deductible insurance contributions in the calculation of benefits for basic security in old age

www.SOCIAL COURT.Decision of 18. March 2008, B 8/9b SO 11/06 R, Rdnr 22).

[22] Transferred to the motor vehicle contributions, this means that the motor vehicle, if one wants to understand the motor vehicle insurance contributions as appropriate insurance contributions at all (aA BVerwGE 62, 261 ff), is used in addition to the purpose privileged by SGB II at least also for purposes recognized under social assistance law, i.E. Because the use of public transport is not possible or unreasonable in the case of illness or disability of a member of the community (cf. Only Lücking in Hauck/Noftz, SGB XII, as of December 2004, K § 82 RdNr 55). In the present case, the LSG has bindingly determined (§ 163 SGG) that the vehicle is not kept for purposes recognized under social assistance law. If one wanted to dispense with this corrective, this would lead to an inadmissible direct increase in the plaintiff's needs, which would even have an indirect effect as an increase in the husband's needs for benefits under SGB II, which is contrary to the system (cf. On the problem of insurance contributions in the absence of income: BSGE 97, 254 = SozR 4-4200 § 22 Nr 3, in each case RdNr 28; SozR 4-4200 § 11 Nr 2 RdNr 31).

On the merits reasonable insurance premiums within the meaning of § 82 para. 2 no. 3 SGB XII

As far as insurance contributions are not prescribed by law, they can only be deducted according to reason and amount if they are reasonable. "According to reason and height appropriately" is an indeterminate legal term. The concept of adequacy includes precautionary measures which, although not prescribed by law, appear advisable to a forward-planning citizen who does not have an excessive need for security. The Federal Social Court states (cf.

Deductible insurance contributions in the calculation of benefits for basic security in old age

Www.SOCIAL COURT.Ruling of the BSG of 29. September 2009, B 8 SO 13/08 R, Rdnr. 21):

[21] Taking these principles into account, the LSG cannot simply reject the assumption of the expenses claimed by the plaintiff for private health, legal expenses and accident insurance, but will have to determine which specific risks of the plaintiff are to be covered by these and whether they are usual insurances for recipients of lower incomes just above the social assistance level. For reasons of practicability, it can be assumed that it is customary if it can be assumed that more than 50 % of the households just above the social assistance limit take out a corresponding insurance policy (cf. On this idea already on Alhi BSGE 94, 109 ff RdNr 29 = SozR 4-4220 § 3 Nr 1). However, there may also be special circumstances of the individual case, due to which the contributions for the private insurances are to be taken over. For example, especially in the case of recipients of basic welfare benefits, specific health conditions may make private health insurance appear appropriate, even if it must be assumed in principle that the plaintiff, who has statutory health insurance in the health insurance scheme for pensioners, already has comprehensive social insurance protection related to the risks of illness (Brühl in LPK-SGB XII, 8. Aufl. 2008, § 82 RdNr 66; Karmanski in Jahn, SGB XII, 2007, § 82 RdNr 33).

As a rule, therefore Liability insurance and Home contents insurance Be deductible from income.

In the case of the Death benefit insurance The decisive factor is that, if applicable. Benefits are available for a need under social assistance law, for which social assistance would otherwise have to pay in the event of an insurance case.

A Legal expenses insurance should not be necessary as a rule, because legal aid is available for the enforcement of legitimate claims.

Also the contributions to a private supplementary nursing care insurance should not be adequate as a rule.

Life insurance which serve to accumulate capital beyond the "normal old-age provision" should also not be appropriate. However, life insurance policies which alone contribute to old-age provision in the amount of at least the need rates can regularly be considered adequate in the sense of § 82 para.

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