Is child/family insurance possible?/Marriage with a US soldier
October 3, 2010 | 25,00 EUR | answered by RA Kristian Hüttemann
Dear Sir or Madam,
I (German) am expecting a child and would like to insure it within my existing statutory health insurance. I am in tax class 1 and my husband is a member of the US Army (active duty) and is neither registered in Germany nor subject to any other tax obligations, etc.
Is it possible to insure my child with my health insurance without having to provide income proof from my husband?
Dear advisee,
Thank you for your inquiry, to which I would like to respond based on the description of your situation as follows:
As a legally insured person, you have the option to have your child family insured free of charge according to § 10 paragraphs 1 and 2 of the Social Code (SGB)V.
For this purpose, a corresponding application must be submitted to your health insurance company. This application must contain all information necessary for the implementation of family insurance. This requirement is outlined in § 10 paragraph 6 SGB V, which states:
"The member must report insured persons according to paragraphs 1 to 4 with the necessary information for the implementation of family insurance, as well as changes to this information, to the responsible health insurance company."
This information requirement also applies to the income circumstances of the child's related parent. The reason for this is § 10 paragraph 3 SGB V, which excludes the child from family insurance under certain conditions.
§ 10 paragraph 3 SGB V states:
"Children are not insured if the spouse or life partner related to the children is not a member of a health insurance company and their total income regularly exceeds one twelfth of the annual income threshold and is regularly higher than the member's total income (in 2010 the relevant amount is €4,162.50)."
However, this exclusion provision will not apply in your case and to your spouse as a member of the US Armed Forces. Because he is not subject to German tax liability - and therefore not to a corresponding social insurance obligation.
This means in particular that he does not have to take out health insurance due to his activities in Germany.
Regardless of the legal situation according to the relevant service and pension law of your spouse, it is therefore the case that a possible health insurance for your spouse should not be taken into account when considering your application for family insurance.
Therefore, when submitting your application for family insurance for your child, you should describe the situation to your health insurance company. You will then no longer need to provide income documents for your spouse.
However, it is advisable to submit a service certificate from your spouse for the purpose of providing credible evidence.
I hope that this information has provided you with a sufficient orientation. Please feel free to ask if you have any further questions.
Best regards,
Kristian Hüttemann
Lawyer
