First book of the Social Security Code
| Basic data | |
|---|---|
| Title: | Social Code Book First - General Part - |
| Short title: | First book of the Social Security Code |
| Abbreviation: | SGB I |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 860-1 |
| Issued on: | December 11, 1975 ( BGBl. I p. 3015 ) |
| Entry into force on: | January 1, 1976 |
| Last change by: |
Art. 2 G of June 12, 2020 ( Federal Law Gazette I pp. 1248, 1255 ) |
| Effective date of the last change: |
December 1, 2021 (Art. 28 G of June 12, 2020) |
| GESTA : | G031 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The First Book of the Social Code (SGB I) - General Part - or First Book of the Social Code lays down basic regulations on social security in Germany. The social rights, the individual social benefits and the responsible social benefit providers are named. This is followed by common rules for all social benefit areas, the principles of benefit law and the obligations of those entitled to cooperate .
history
Before the Social Security Code came into force, the Reich Insurance Code (RVO) had been the legal basis for social insurance since July 19, 1911 . After the Second World War, the RVO became more and more confusing due to many additions and special provisions. For this reason, from 1975 onwards, parts of the RVO were repeatedly replaced by books from the Social Security Code. After more than 36 years (2012), not all social benefit laws are still editorially classified in the Social Security Code, but are declared to be special parts of the Social Security Code (Section 68 SGB I). These are u. a. the Federal Training Assistance Act , the Reich Insurance Code, the Act on Old-Age Insurance for Farmers , the Act on Health Insurance for Farmers , the Maintenance Advance Act and the Federal Pension Act .
Goal and tasks
The tasks are described in Section 1 (1) SGB I as follows:
“The law of the Social Security Code is intended to create social benefits, including social and educational assistance, in order to achieve social justice and social security. It is intended to help ensure a dignified existence, to create equal conditions for the free development of the personality, especially for young people, to protect and promote the family, to enable a livelihood through a freely chosen activity and special Avoiding or compensating for the stresses in life, also by helping people to help themselves. "
Social rights in the individual branches of insurance
According to the law of statutory health insurance, the following can be claimed ( § 21 SGB I, § 11 SGB V): benefits for the prevention, early detection and treatment of diseases as well as medical rehabilitation, as well as wage replacement benefits such as sickness benefits for the duration of an incapacity for work or rehabilitation measures . There are also entitlements in the event of pregnancy, maternity (maternity allowance and home care) and family planning as well as legal abortions .
Responsible are the local, company and guild health insurance funds, the social insurance for agriculture, forestry and horticulture as an agricultural health insurance fund, the German pension insurance Knappschaft-Bahn-See and the substitute funds.
According to the law of social long-term care insurance, the following can be claimed ( § 21a SGB I, § 4 SGB XI): Services, benefits in kind and cash benefits for the need for basic care and domestic care. The type and scope of the services depend on the severity of the need for care (care level I to III) and on whether home, part-time or full-time care is used. In the case of home and day-care care , long-term care insurance benefits only supplement family, neighborly or other voluntary care and support. Care by outpatient care services or the payment of a fixed monthly care allowance therefore do not necessarily cover the actual care expenses.
In the case of partial and full inpatient care, those in need of care are only relieved of expenses that are necessary for their care according to the type and severity of the need for care (care-related expenses), but they have to bear the expenses for accommodation and meals themselves. An increasing number of people accommodated in nursing homes cannot cover these costs from their own resources, such as an old-age or survivor's pension, and also need help with care in accordance with SGB XII . In many cases, the children are then claimed by the social security providers for parental support.
The long-term care funds set up by the health insurance companies are responsible for the benefits of the social long-term care insurance.
According to the law of the statutory accident insurance, the following can be claimed ( § 22 SGB I, § 26 SGB VII): Measures to prevent accidents at work, occupational diseases and work-related health hazards and for first aid as well as measures for the early detection of occupational diseases and work-related health hazards, in the event of an insurance also Medical treatment, benefits to secure a place in working life that corresponds to the inclinations and abilities of the insured person, as well as measures to alleviate the consequences of injury, including economic assistance and assistance in the event of need for care.
Responsible are the industrial trade associations , the social insurance for agriculture, forestry and horticulture as an agricultural trade association, the municipal accident insurance associations, the fire department accident insurance funds, the railway accident insurance fund, the postal and telecom accident insurance fund, the accident insurance funds of the federal states and municipalities, the joint accident insurance funds for the state - and municipal area and the federal accident insurance.
The accident insurance institutions can request information from the health insurances about the treatment, the condition as well as the illnesses and previous illnesses of the insured person. The insured person can, for his part, ask the accident insurance company to be informed of the data transmitted by the health insurance companies. The accident insurance institution has to inform the insured person of the right to be informed about the data transmitted by the health insurances on request ( § 188 SGB VII).
According to the law of statutory pension insurance, including old-age insurance for farmers, the following can be claimed ( § 23 SGB I): medical treatment, benefits for participation in working life and other benefits to maintain, improve and restore the ability to work, including economic assistance, old age pensions, reduced Ability to work or death as well as allowances for health insurance expenses.
Responsible for the general pension insurance are the regional carriers, the Deutsche Rentenversicherung Bund and the Deutsche Rentenversicherung Knappschaft-Bahn-See, in the miners pension insurance the Deutsche Rentenversicherung Knappschaft-Bahn-See, in the old age insurance of the farmers the social insurance for agriculture, forestry and horticulture as agricultural retirement fund.
According to the law of employment promotion, the following can be used ( Section 19 SGB I): career and labor market advice, training and job placement, services for activation and professional integration, for career choice and vocational training, for professional development, for taking up gainful employment, for remaining in employment, the participation of disabled people in working life as well as unemployment benefits for professional development (measures of active employment promotion, § 3 Abs. 2 SGB III), furthermore unemployment benefits ( ALG I ) and insolvency benefits .
The employment agencies and other departments of the Federal Employment Agency are responsible .
The unemployment benefit II (ALG II, "Hartz IV") is not insurance, but a government transfer payments , which is not provided from previously paid contributions, but from general tax revenues. Its primary purpose is to enable those entitled to benefits to lead a decent life ( Section 1 (1) SGB II). It is therefore regulated separately in SGB II .
Principles of service provision
The subject of social rights are service, material and cash benefits (social benefits) ( Section 11 SGB I).
The conditions and the content of the service providers to the beneficiaries to be provided social services is called power law , the legal relationship between the service providers and the service providers as a service provision right referred.
Anyone who has reached the age of fifteen can submit and pursue applications for social benefits and receive social benefits. The service provider should then, however, inform the legal representative about the application and the social benefits provided ( Section 36 SGB I).
When claiming social rights, no one may be discriminated against on grounds of race, ethnic origin or disability ( Section 33c SGB I).
Benefits in the statutory health and pension insurance, according to the law of employment promotion as well as in the social long-term care insurance are usually provided on application, benefits in the statutory accident insurance on the other hand ex officio ( § 19 SGB IV). Applications for social benefits must be submitted to the responsible service provider. But they are also accepted by all other service providers. If applications are received by a service provider who is not responsible, he must immediately forward them to the responsible person. If the social benefit is dependent on an application, the application is deemed to have been made at the time at which it was received by the other service provider ( Section 16 SGB I).
The service providers are also obliged to ensure that clear and relevant applications are made and that incomplete information is supplemented if necessary ( principle of official investigation ).
There is an entitlement to social benefits unless the service providers in the individual insurance branches are authorized to act at their discretion ( Section 38 SGB I). Active employment promotion benefits are partly discretionary ( Section 3 Paragraph 3 SGB III) or the decision on the type, scope and implementation of therapeutic treatment at the expense of the statutory accident insurance ( Section 26 Paragraph 5 SGB VII).
Entitlements to social benefits arise and become due as soon as the conditions specified in the law or on the basis of a law are met ( Section 41 et seq. SGB I). This is generally the point in time at which the insured risk materializes and the insured event occurs, such as the occurrence of an illness requiring treatment or the reaching of the age limit for an old-age pension.
The aim of the benefit carries upon request or on its own motion to be carried out management method based on the adoption of a communication service (service authorization or -versagung), determined according to SGB X .
During the procedure, every insured person is entitled to the fact that the social data concerning him ( Section 67 (1) SGB X) are not collected, processed or used by the service providers without authorization ( social secrecy ). The maintenance of social secrecy also includes the obligation to ensure within the service provider that the social data are only accessible to authorized persons or are only passed on to them ( Section 35 SGB I).
Anyone who applies for or receives social benefits must, within the framework of proportionality and reasonableness, help determine the performance-relevant facts. All relevant facts must be given, even if they change afterwards. If necessary, evidence must also be presented ( Section 60 ff. SGB I), for example an AU certificate from the health insurance company.
In the event of a breach of the obligation to cooperate , the service provider can refuse or withdraw the service in whole or in part without further investigation ( Section 66 SGB I), unless the failed cooperation is made up for ( Section 67 SGB I).
Cash payments are usually transferred free of charge to the recipient's account ( Section 47 SGB I). According to a decision by the European Parliament in April 2014, all EU citizens should have an Everyman account for this purpose .
Web links
Individual evidence
- ↑ Annette Dowideit: Care is no longer affordable in Germany. In: Die Welt , October 28, 2012. Retrieved November 15, 2014.
- ↑ Service provision law Rechtslexikon.net, accessed on June 27, 2019
- ↑ Federal Social Court, judgment of November 8, 2005 - B 1 KR 30/04 R, paragraph 17; Judgment of 12 March 2013, B 1 KR 7/12 R, paragraph 16
- ↑ European Parliament: A current account for every EU citizen. Press release from April 15, 2014
- ^ European Commission: The right to a basic bank account for all European citizens: Commission welcomes European Parliament adoptionission. Statement 14/123 of April 15, 2014 (English)
