LSG Darmstadt: Maintaining health is the minimum subsistence level
Foreigners living in Germany who are tolerated for a limited period of time must not be left alone with hepatitis C treatment. If the foreigner receives asylum seeker benefits, the social welfare office must also pay him the necessary antiviral therapy, the Hessian State Social Court (LSG) in Darmstadt decided in a decision announced on Tuesday, July 17, 2018 (file number: L 4 AY 9/18 B ER ). A prerequisite for the assumption of medical expenses is that the foreigner is not only in Germany for a short period of time and that it is not a matter of treating minor illness.
The applicant from Azerbaijan can still be treated for his hepatitis C disease. The man entered the Federal Republic of Germany with his wife from the Netherlands without papers at the end of 2015. He applied for a residence permit for humanitarian reasons and benefits under the Asylum Seekers Benefits Act.
When he was diagnosed with hepatitis C infection in October 2016, a medical report recommended twelve-week antiviral therapy with a 90 percent chance of recovery.
The responsible district of Fulda refused to pay for the treatment. Services could only be provided at a low level for temporarily tolerated foreigners. In addition, the man was obliged to travel to the Netherlands.
The foreigner wanted to force the costs to be borne by way of an interim order. His health continued to deteriorate.
In its decision of July 10, 2018, the LSG obliged the district to pay the costs. Tolerated foreigners receiving asylum-seeker benefits would also be entitled to medical treatment for acute illnesses and health protection. The Basic Law grants entitlement to benefits to ensure a decent subsistence level. This also included health services.
The essential services included all necessary therapeutic measures, insofar as it was not a matter of minor illnesses and the foreigner was not only in Germany for a short time. Here, the twelve-week antiviral therapy for chronic hepatitis C is essential to ensure health. It was also not possible to wait any further because it was unclear when the man could be deported. fle