Federal Administrative Court: Municipalities may not limit reimbursement
Child welfare offices have to reimburse half of the actual contributions to voluntary statutory health and long-term care insurance for self-employed nannies and fathers. These are always "appropriate", the applicable regulations do not provide for a restriction, ruled on Thursday, February 28, 2019, the Federal Administrative Court in Leipzig (file number: 5 C 1.18).
In the specific case, it was a self-employed childminder who had voluntarily taken out statutory health and long-term care insurance in the period from June to December 2012. Since her husband, as a police officer, did not belong to any statutory health insurance, the health insurance company took into account not only the income of the woman, but also that of her husband, when calculating the health insurance contributions. Therefore, she should pay 253 euros per month.
The childminder asked the city of Leipzig to reimburse half of the proven contributions, here a total of 1,771 euros for seven months. In doing so, she referred to a corresponding provision in Social Code VIII. In order to promote day care for children, municipalities must then reimburse half of the contributions to "adequate health insurance and long-term care insurance".
The city refused to do so. It only granted a total reimbursement of around EUR 496. Only this is "appropriate". In doing so, the municipality had only used the cash contributions that the childminder would have had to pay without the prescribed income of her civil servant husband.
But the woman is entitled to reimbursement of another 390 euros, the Federal Administrative Court ruled. Voluntary statutory health and nursing care insurance is "appropriate" in any case. Half of the expenses for this would therefore have to be reimbursed. The applicant had also proven its actual expenses. Statutory insurance does not depend on the amount of the contributions. fle / mwo