Unemployed and pension, can one really draw unemployment benefit 1 despite illness. Yes, it is possible, says rentenbescheid24.de, but only under certain conditions. The new Flexirente 2017 brings advantages for the affected person.
An example of what it is all about!
Siegfried Sorge, 60.years old, has been entitled to sick pay since 01.01.Seriously ill in 2016 and currently unable to work. He has received the first 6 weeks in his incapacity for work salary continuation from his employer. Afterwards he gets another 72 weeks of sickness benefit from his health insurance company. Entitlement expires in June 2017. Siegfried is still sick and is now afraid that he will have to apply for Hartz IV. It does not have to. He can apply for ALG-1 benefits before the sickness benefit expires and then check whether he may be entitled to a full reduced earning capacity pension. His employment relationship is not terminated, it is suspended.
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Health insurance is responsible, but only 78 weeks!
Actually, the health insurance is responsible in cases of illness. But the legislator has limited the entitlement to sick pay to 78 weeks. Illnesses do not automatically stop after 78 weeks, but often continue. In such cases, the Federal Employment Agency steps in and pays unemployment benefits, even though the person concerned cannot be placed on the labor market due to his illness.
Unemployed and pension, the employment office steps in!
In such cases, the law, in § 145 SGB III, stipulates that a person is also entitled to unemployment benefits if he or she is not unemployed solely because, due to a reduction in his or her capacity for work of more than six months, he or she is unable to work in an occupation that is subject to compulsory insurance and involves at least 15 hours of work per week under the conditions that are usual on the labor market that comes into consideration for him or her, without taking into account the reduction in capacity for work, if a reduced capacity for work within the meaning of the statutory pension insurance has not been determined.
The German Pension Insurance determines whether a reduced earning capacity exists.
Reduced earning capacity pension
Secure entitlement to reduced earning capacity
– Check application forms and fill them out correctly
– Administrative procedure, Widerspruchsverfaheren, complaint procedure
– Secure claims before the German pension insurance
The employment agency asks the person concerned to apply for rehabilitation or benefits for participation in working life. If the claimant does not do this, his entitlement to unemployment benefits is suspended until the day on which he applied for rehabilitation or a reduced earning capacity pension.
Unemployed and pension, why this regulation?
The legal regulation of § 145 SGB III is popularly known as the seamlessness regulation. Preventing an unemployed person from not receiving unemployment benefits or a reduced earning capacity pension due to a reduction in benefits of more than six months. § 145 fakes, so to speak, the ability of the affected person in the health area and as long as the German pension insurance has not determined a reduction in earning capacity.
If the pension insurance has determined the reduced earning capacity, the seamlessness regulation ends and with it the unemployment benefit, with nasty consequences for the insured person, if for example the reduction in earning capacity pension cannot begin for legal reasons yet.
If the entitlement to sickness benefit is not exhausted, the health insurance fund is generally responsible as a matter of priority.
The regulations on seamlessness apply if the person concerned can only work less than 15 hours a week and the reduced earning capacity has not yet been determined by the pension insurance. Unemployed and pension are not mutually exclusive.
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The basic pension is coming.
It is also applied when the performance capacity of ALG-1 recipients drops to less than 15 hours a week while receiving benefits.
The seamlessness regulation also ends when the benefit period of ALG-1 expires.
Money-back guarantee!
If the German pension insurance determines a reduced earning capacity and a pension, the Federal Employment Agency has a claim for reimbursement of the unemployment benefit paid against the German pension insurance. The person concerned does not have to pay anything back. If he receives a higher EM pension than unemployment benefits, he gets the difference in addition to that.
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Flexirente 2017 makes earlier retirement possible!
Normally, a temporary reduction in earning capacity pension begins at the earliest at the beginning of the 7 month after the beginning of the reduction in earning capacity. This is what it says in § 101 paragraph 1 SGB VI.
With the new Flexi pension law is to 01.01.2017 a small but enormously important change occurred. You will find interesting information on the subject of flexirente in our flexirente guidebook.
Pensions for full reduction in earning capacity, which are limited solely for medical reasons, may begin before the end of the seventh calendar month if:
- The determination of the full reduction in earning capacity eliminates the entitlement to unemployment benefits or
- After the determination of reduced earning capacity, the entitlement to sickness benefit or daily sickness benefit ends because the period of entitlement has expired.
Which advantage for the person concerned?
It can happen that by a quick decision of the German pension insurance the reduced earning capacity is determined or the sickness benefit expires. In such cases, the affected person would still have until 7. The insured person must wait one month before receiving his full reduced earning capacity pension.
Apply for pension
Stress-free to the correct pension application!
– Secure pension entitlements
– Avoid incorrect pension decisions
– Benefit from the knowledge of a pension advisor
The employment agency stops the payment of ALG-1 immediately after the decision of the pension insurance. Sick pay is also no longer paid. So the person concerned would have had to go to the social welfare office. Therefore, with the Flexi-Rente, the start of the reduced earning capacity pension is now brought forward to the time of the positive decision on reduced earning capacity.
Unemployed and pension, the pitfalls at the employment office!
Many do not even know that they can be entitled to ALG1 even in the event of disenrollment. And if, then the law puts them before large obstacles. A wrong word with the employment office and the requirement on unemployment pay can be endangered. Therefore, it makes sense to consult intensively with an experienced specialist lawyer for social law or pension consultant before the sickness benefit expires.
We offer full support and representation in cases of reduced earning capacity in the case of sick pay and unemployment within the framework of seamlessness. If desired, we accompany our clients personally to the employment office, so that it works with the unemployment benefit.