Controversial Ruling Alters Future Care for Relatives
Pension decision sets precedent, possibly affecting numerous individuals significantly
In a bold move, the State Social Court of Baden-Württemberg has handed down a contentious ruling that could significantly change the future care of family members.
Frankfurt - Finances often pose a challenge when it comes to hiring caregivers for relatives, leading many to care for them personally. The State Social Court (SSC) of Baden-Württemberg delivers a verdict on April 30, 2025, which could strike a blow to these caregivers' future pension prospects.
Plaintiff Caring for Disabled Son and Loses Pension Points
The dispute revolves around the statutory pension insurance obligations as a caregiver. The SSC states that the plaintiff, born in 1962, was in an insured employment relationship. "The employment contract outlined a weekly working time of more than 30 hours." However, he was on short-time work for two years and received sick pay from the statutory health insurance based on 30 weekly hours from April 28, 2022.
The plaintiff's son became disabled requiring care with a care level of (at least) 2, starting from February 25, 2022. The son received care allowance from the social care insurance and was cared for by the plaintiff at home. The extent of care amounted to 28 weekly hours, and it was not remunerated gainfully. Typically, such extensive care is honored with the allocation of pension points—not in this case.
SSC Ruling: Preventing Unfair Advantage
The issue arose when the father was also ill during the same period, and the sick pay received was calculated based on the employment contract, which stipulated a 30-hour workweek. The care insurance fund refused to report to the pension insurance during the care period because, in their view, the 30-hour limit was exceeded. The plaintiff lost his lawsuits before the Social Court and now before the SSC.
The ruling may hold wide-ranging implications. It confirmed that no additional pension points would be earned through care if individuals work more than 30 hours per week. Whether work is actual or sick pay is received is irrelevant. The SSC argues that the plaintiff is already insured for pensions through their job to prevent people who work more than 30 hours in addition to care from receiving unfair advantages compared to other caregivers.
Implications and Recommendations
Reportedly, this regulation was the legislator's intention. Still, it is particularly problematic in this case because the plaintiff is unable to work due to their own illness. The organization recommends that all caregivers check early whether the care hours could potentially result in pension claims. In this context, it could be considered whether the contractually agreed working hours could be reduced below 30 hours.
The ruling threatens many people with the possibility of pension repayment. It's crucial for caregivers to ensure that they're adequately informed and prepared to navigate these changes in social security and pension systems.
Also Worth Mentioning
- ### Costly or Affordable?Croatia's restaurant prices divide vacationers: "Sick of the whining already"* ### Surcharges on the HorizonEveryone affected by fees: These changes are coming for the broadcasting fee* ### Whole GrainPasta recall from a popular brand - Lead in pasta* ### Upcycling MagicDon't throw away: This brilliant trick breathes new life into old shoes
The Ultimate Pension Guide
Download the complete pension guide for free here and conveniently print it at home.
Gegen-hartz.de reports that caregivers should be diligent and check their potential pension claims early to avoid complications. They suggest reducing contractually agreed working hours to below 30 hours as a precautionary measure, but specific advice should be sought from a financial advisor or legal expert.
In light of this ruling, it's essential for caregivers and individuals alike to stay informed and adapt to changes in social security and pension systems to secure their financial futures.
[1] Social Security Code (SGB VI) - [Link to the Social Security Code]
- The controversial ruling by the State Social Court of Baden-Württemberg in 2025 may lead to changes in the pension prospects for caregivers, making it crucial for them to check potential pension claims early.
- The dispute revolves around the statutory pension insurance obligations as a caregiver, with the court stating that work above 30 hours per week could prevent people from earning additional pension points.
- The SSC's ruling could impact the mental health and overall well-being of caregivers, as they now face the possibility of pension repayment without proper compensation for their work in caregiving and fitness-and-exercise.
- Policy-and-legislation surrounding health-and-wellness, workplace-wellness, and mental-health are key areas to focus on in this context, as therapies-and-treatments may become more essential for caregivers to cope with the stress and strain of their roles.
- The general news also plays a significant role in informing the public about these changes in social security and pension systems, enabling individuals to make informed decisions about their future financial security and fitness-and-exercise.
