Budget (social security)

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The term budget has traditionally been used synonymously with the terms budget and budget in public finance ; meanwhile, the term budget is used more widely. The term budget is used in social insurance to set and limit the expenditure volumes of certain services for the service provider or for the insured, if necessary, in a long-term binding. In practice, the term is also often used by adding a prefix .

Delimitation from the budget

The need to construct the budget arises from the specifics of state budget law . The budget acts as part of the annual principle only state internally and instruction of the budget laws for management; Citizens' claims are not affected ( Section 68 of Book IV of the Social Code , see also Section 3 of the Budgetary Principles Act ). Earlier legal constructions therefore spoke of the budget as a law in the formal sense. With the use of the term budget or budgeting , it becomes clear that the budget limit is not just a quantification in the budget for internal administration, but also limits the budget in a law that not only has an internal effect but also has an external effect .

Areas of application

This “long-term limitation of funds with external effects for the insured and service providers” was of particular importance initially as budgeting in the healthcare system ; In the more recent legislation in the area of health insurance , however, this form of making funds available has largely been abandoned. Budgeting is now gaining importance in other branches of social insurance , in particular for the social insurance institutions in the area of ​​so-called discretionary benefits, such as the expenditure on prevention , rehabilitation , rehabilitation research and administrative costs . When it comes to administrative costs, the main focus should be on the regulation duration that goes beyond the annuality principle; their budgeting was ordered by law, especially at the insistence of the Federal Court of Auditors, not only as a limitation, but also as a reduction in the budget in individual areas (for pension insurance § 220 SGB ​​VI , for agricultural social insurance § 80 ALG, § 187a SGB ​​VII , for health insurance § 4 SGB ​​V ).

More examples with prefix

The term budget or budgeting is increasingly being specified by adding a prefix, e.g. B. combined or flexible budget in the hospital sector.

It is of particular importance as a personal budget ( § 29 SGB ​​IX , § 13 SGB ​​VI, § 26 SGB ​​VII ). It is also an expression of tendencies in recent legislation to create regulations with effect for the insured and not just internal administrative regulations in the budget area (so-called output-oriented budget management). In the personal budget, different transfer payments , which may have to be provided by different providers (mostly in the form of a corporation under public law ), are bundled for the recipient, limited in amount and structured in terms of content by a target agreement with the recipient of the services.

The aggregation of expenditure for services and administrative costs in the business plan of a working group within the meaning of Section 44b SGB ​​II is referred to by the legislature as the overall budget ( Section 46 SGB ​​II).

The concept of the placement budget is new in the area of ​​the Federal Employment Agency ( Section 71b (5) SGB ​​IV , cf. K 71 b Rz. 3). According to this, the employment agencies are provided with an appropriate share within the scope of the discretionary performance within the employment promotion ; The clerk should not determine the services by subsuming them under the laws that give rise to claims, but rather, as a case manager or as a case manager, design the services offered on a case-by-case basis. However, it remains to be seen whether this leaves the case processing department with sufficient decision-making space in the interests of the insured (problem of the administrative density of instructions for exercising discretion ).

On the social budget , which deviates from this system and is only a statistic, cf. Social budget .

Outlook on the state budget law

The term budgeting has also been introduced in the further development of state budget law into an output- oriented (product) budget and a system of decentralized responsibility ( new control model ) for financial budget funds ( Section 6a of the Budget Principles Act ).

literature

  • Gero-Falk Borrmann in: Hauck, Noftz (editor). Social Code, SGB IV Common regulations for social insurance. Complete commentary, loose-leaf commentary, §§ 67 ff., In particular § 67 Rn. 2c, Berlin 2009; ISBN 978-3-503-01527-6 .