Receive unemployment benefit after sick pay

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Illness and financial difficulties often come together. However, those who fail to receive sickness benefit after a long period of illness can be entitled to unemployment benefit I despite their ongoing reduced performance.

Unemployment benefit can also be given after receiving sickness benefit.
Unemployment benefit can also be given after receiving sickness benefit.

The receipt of unemployment benefit is linked to certain conditions. This usually also includes availability for the job market. However, under certain conditions, those who are not available to the labor market due to limited productivity can receive a special form of unemployment benefit.

When the sick pay expires

  • According to § 48 para. 1 SGB V, sickness benefits for the same illness are paid for a maximum of 78 weeks within three years. However, if you cease to receive sickness benefit after this period, you are not directly dependent on ALG II under certain conditions.
  • The so-called "seamless regulation" of § 125 SGB III is intended to ensure that even with a reduced performance - with no corresponding pension is paid - there is an entitlement to unemployment benefit.
  • Even if you are still employed by your employer, you can register as unemployed in such a case.
  • There is also the special case that the unemployment registration does not have to be done in person if this is not possible due to the health situation. An unemployment registration can acc. Section 125 para. 1 sentence 3 SGB III can also be carried out by a representative. The "unemployed" must, however, immediately and personally make up for the report when he is back on his feet.
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Eligibility requirements for ALG I in the event of reduced benefits

  • With this form of unemployment benefit, too, the eligibility requirement for fulfilling the necessary qualifying period must be met, cf. Section 118 subs. 1 No. 3 SGB III.
  • This means that you must have been subject to compulsory insurance for at least 12 months within a framework period of two years. This compulsory insurance is not only given when you are employed, but also when receiving sick pay.
  • Another requirement is that you submit an application for medical rehabilitation benefits or participation in working life to the pension insurance agency, cf. Section 125 para. 2 SGB III. If you do not submit this application within one month of registering as unemployed, the entitlement to unemployment benefit is suspended from the deadline until the application is submitted.

Under certain conditions, you can also receive unemployment benefit I after the sickness benefit has expired. The so-called "seamless regulation" of § 125 SGB III closes an otherwise emerging gap in the social network between ALG I and Disability pension.

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