If a beneficiary of social benefits threatens to lose fertility as a result of chemotherapy, he is entitled to the following: Job centre cover the cost of freezing your sperm. This emerges from a judgment of the State Social Court of North Rhine-Westphalia. The so-called cryopreservation is a medically necessary, medical one
Recommended measure included in the overall treatment concept
been in order to maintain the ability to have children of its own, the judgment said.
In the present case the plaintiff had
Beneficiary because of an immunodeficiency chemotherapy
have to undergo. The job center declined to assume the cost of
cryopreservation in the amount of 297.50 euros per year. It is a measure that does not secure livelihood,
but rather for personal family planning, the job center justified its decision. The social court
Duisburg initially confirmed this.
The state social court revised the decision. The judges recognized the costs as "inevitable, ongoing,
special needs "according to the Social Security Code II. The costs counted
for health care, exceeded that in the normal need for this
planned amount of 180 euros per year and would have "due
an atypical situation an atypical scope ".
In the present case, it is not a measure that
only the insured person's wishes for his individual
Concern life style. Rather, it is a component
comprehensive medical treatment and therefore existential
the regional court ruled that the necessary requirements in terms of the Basic Law. This may the plaintiff
do not remain closed because he does not have the
have the necessary financial resources.