Social System in Germany

Dear friends, in preparation for the reports as agreed at Termal, I post here my contribution about structures in Germany, with best wishes to all of you! I promise to add a summary in French and Spanish, but not earlier than end of June Jürgen Stein

GENERAL PRINCIPLES / Background for “Without Barriers” Project

Bundesrepublik Deutschland. Population: 82 Mio Persons, app. 9 % of them with foreign nationalities. Size: 357.000 square kolometres. Administrative organisation: Federal state with 16 “Bundesländer” with own parliaments and governments.

The German constitution declares in its first words that “Human Dignity” (“Würde des Menschen”) is the basic value of society and is to be respected and promoted by any act of public authorities. Certain basic rights and rules in the constitution and in special laws might apply only to German citizen, to persons with legal residence or employment in Germany but the principle of Dignity as an untouchable value has to be used “without barriers”.

In spite of this and all efforts to provide socal security as described below , organizations offering service to persons with low (family) income, migration background, disability or long-term-illness, homeless or over-indebted persons, see that these and other disfavored people face many barriers. Their chances for inclusion, good education and training are much worse compaired to persons with good income and health, stable jobs and good living conditions. Therefore it is necessary that our organisations adapt to the needs of marginalized persons and use public influence in their favor on local, national and European level. Within the Without Barriers partnership we take steps in these directions, compairing information and sharing good practise.

HEALTH : Compulsory “Social Insurances” cover basic medical treatment They are linked with the workplace and the contributtions are paid half by the employer and half by the employee (there are special systems for life-long employed public servants and special rules for people with very high income, where private insurance schemes are used). Family members and legal partners who do not work are insured with the working family member without an additional contribution. There are “additional payments” for most proceedings (visit to surgery / hospital stay, medecine) with ceiling amounts in relation to income.
When a person looses its workplace, she/he stays member of the insurance and the contribution is paid together with the unemployment benefit. These principles are “without barriers” for all persons with a labour-market employment. “Guest workers” coming from abroad from the 1950ties to 70ties were integrated into this system. Citizens unable to work .p.e. due to a disability or homelessness get insurance cover by the welfare authorities. People coming to Germany from non EU-countries without workplace here have to make private arrangements as private insurance or declaration of guarantee by a German citizen as a pre-condition to enter the country. Recognized asylum seekers get only a part of the health system treatment, covering actual illness. As a person asking for treatment in a surgery or hospital has to give name and address, persons living in Germany “without papers” face difficultiies.

UNEMPLOYMENT BASIC SECURITY, WELFARE BENEFITS: People in employment are compulsory members of a Social insurance against unemployment, which covers financial benefits, assistance with finding employment or additional training. The payments follow the amount of money earned in the last job, but get lower over the time. Persons who are unemployed over a longer period have to look for the assistance of their municipality of residence (or a special agency) – the benefit payment in these cases is designed only to cover minimum needs. Persons not able to work at all under labour market condition get welfare benefits. In both cases, the authorities should assist them in looking for employment, provide training and offering at least some sort of basic occupation, but are entitled to cut back benefit payments if a person does not “cooperate”. These payments are lump sums, given according to rules of cost of living of a single person or a family member, child ... and made out every year by statistical reckoning. The general rule is that the welfare payments have to be lower than income earned by employment. Money earned by disabled persons in special workshops is reckoned against welfare benefits.
It is a rule that basic security payments must not be given to persons entering the county only with the intention of getting these payments. Foreigners applying for these benefits must therefore have an acknowlegded residence status, p.e. as refugee.
The German system of old-age pensions follow, as the health insusurance the working carrer: a persons who worked many years with good income get a good pension, others may fall back in old age to welfare basic security payments.

LIVING CONDITIONS (residence, transport,...): In order to give every citizen housing in accordance to the human dignity principle there is a) a system of housing benefit payments relating rent with family income and b) for persons receiving welfare the rule that the welfare authoritiy covers “real cost” for rent and heating in an “adequate” flat. There are rules about the maximun rent and the maximum living space. People with disability get special rates on public transport and might, in special cases, receive a transportation cost benefit. Other benefits and reductions for people without or with low income are decied by the local authorities or private organisations offering services.

LEGAL ASSISTANCE: Some sorts of legal assistence as for over-indebted persons are part of the social services offered – of paid for – by the welfare autorities. Lawsuits about questions of soical insurance are cost-free for an individual. A person not able to be responsible for all or some of its legal affairs (due to disability, old age dementia ...) have to be provideed with legal guardianship.

Ammendment on actual problems: It is not regarded as a problem of “social security, but nowadays many problems for migrants in Germany are related to conditions and regulations for bi-national marriage and child education in such families. In former days, one way to acquire right of residence here (or citizenship) was marriage with a German. Today public authorities often suspect “mis-use” and make examinations whether a partnership is only a bogus marriage. On the othter hand, in case of divorce there aqre often long an painful disputes about who is responsible for the children. There are spectacular cases of “kidnapping” by divorced partners



For details of social system of EU and European Economic Area member countries in 2007, see “MISSOC” documents, http://ec.europa.eu/employment_social/spsi/missoc_tables_en.htm

Please note: These documents are not going to be updated and will probably be remoned from the EU Server in June 2010. Norway is included, but not Turkey.