Long-term care insurance
November 20, 2010 | 45,00 EUR | answered by Bernhard Müller
I am a 65-year-old German, retired, living outside the EU, and eligible for assistance according to federal regulations. My children have taken up residence in Germany in November 2010, but both are still in education (son 16, student, daughter 22 studying).
1) Do my children need to take out long-term care insurance, supplemental long-term care insurance? If yes, based on which regulations?
2) What changes if I also take up residence in Germany? My wife will go to Germany, but we will not give up our joint residence/stay outside the EU.
Thank you.
Dear inquirer,
In long-term care insurance, according to § 1 SGB XI, all individuals insured in statutory health insurance are covered. Those insured against illness in private health insurance must also take out private long-term care insurance.
According to § 5 I Nr. 9 SGB 5, the daughter, as a student, is likely mandatory insured in health insurance. Therefore, she should also be covered by long-term care insurance.
For minor students, there is no mandatory health insurance requirement under the law, as they are covered under their parents' family insurance according to § 10 II Nr. 1 SGB V. Therefore, your son would be covered by your wife's family insurance if he is your joint child. If he is from a previous relationship, it depends on how the child's mother is insured. He may be insured with the biological mother.
If you also move to Germany, your son would either be covered by his mother's family insurance or benefit from your entitlement to benefits. He does not need to take out insurance as long as he is a minor student.
The scenario of a minor child living alone in Germany, with neither parent living in the EU nor having health insurance in an EU country, is not addressed in the law. Therefore, there is no section stating that the child must be insured.
However, if he is privately insured, he must also take out long-term care insurance. See above.
Regarding additional long-term care insurance plans in addition to the SGB XI long-term care insurance, there are various plans proposed by the legislature, but none have been enacted into law yet. Therefore, there is no obligation to take out such insurance.
Best regards,
Bernhard Müller
Attorney
