Wiedereinsetzung in den vorigen Stand bei der Künstlersozialkasse Gewährung

§ 27 SGB X

Have you missed a statutory deadline for an application or notification? Then, under certain conditions, you can make up the missed deadline without any disadvantages.

For certain benefits under the Artists' Social Insurance Act, there are statutory deadlines that you must meet in order to receive the benefit. The Artists' Social Insurance Act also stipulates certain reporting deadlines that you must meet as part of your duty to cooperate.

If you miss one of these deadlines, you can often lodge an objection. In many cases, you can also apply for a benefit even if the objection deadline has already expired.

However, the Künstlersozialkasse cannot grant you some benefits or determinations retroactively if you miss the statutory deadline.

If you miss such a deadline, you can submit an application for restitutio in integrum.

If the Künstlersozialkasse grants this application, you will be treated as if you had met the statutory deadline.

Examples of cases in which reinstatement to the previous status may apply:

• For an exemption from the statutory health insurance obligation as a newcomer to the profession, the following applies: you must submit the application no later than 3 months after establishing the obligation to take out insurance.
• The following applies to early termination of the exemption from the statutory health insurance obligation: You must submit the application by the end of the period of entry into the profession.
• For an exemption from the statutory health insurance obligation as a higher earner or higher earner, the following applies: You must submit the application by March 31 of each year.
• The following applies to the final settlement of the subsidy towards the costs of voluntary or private health and long-term care insurance: You must submit proof of the health and long-term care insurance contributions you paid in the previous year. The deadline for this is May 31 of the following year.

• Completed online application or informal application
• Documents that credibly prove the reason for the legal deadline not being met
• If the reason for the impediment has already ceased to exist:
  • Proof of the duration of the reason for the impediment
  • Catching up on the missed action with the required documents

• You or a person authorized by you have missed the statutory deadline through no fault of your own.

If the statutory deadline has already expired by 1 year:

• You or a person authorized by you were unable to meet the deadline due to force majeure.

There are no costs.

You can submit your application online or by post.

Online application:

• Call up the online application on the federal portal. This will guide you step by step through the necessary information, which you can enter electronically.
• You will need a valid ELSTER certificate to register for the online form. If you are a self-employed artist or journalist, you can alternatively use your electronic ID document.
• It will take you about 10 minutes to complete the online application.
• First enter your personal details, including your tax number if you are a company or your insurance number if you are a self-employed artist or journalist. You will find this information in the top right-hand corner of the letter from the Artists' Social Insurance Fund.
• On the next page, state the reason why you were unable to meet the deadline.
• If the reason has already ceased to apply, state the date on which it ceased to apply.
• If available, upload evidence that proves the reason for the impediment and its duration.
• If the reason for the impediment has already ceased to exist, make up for the action you missed on the following page. This means that you submit the notification, the application or the documents for which the original deadline has passed.

Application by post:

• Inform the Künstlersozialkasse informally that you are applying for reinstatement of the previous status.
• In your letter, state your tax number if you are a company and your insurance number if you are a self-employed artist or journalist. You will find this information at the top right of the letter from the Künstlersozialkasse.
• State the reason that has prevented or continues to prevent you from meeting the statutory deadline.
• If the reason has already ceased to exist, state the date on which it ceased to exist. Make up for the action you missed by submitting the notification, application or documents for which the original deadline has expired.
• If the reason for the impediment still applies, please let us know when the reason can be expected to cease.
• Enclose a copy of the supporting documents proving the reason for the impediment and its duration with your application.
• Sign your informal application and send it to the Künstlersozialkasse together with the required documents.

Upon receipt of your application, the Künstlersozialkasse will check your details.

If there are any queries or further documents are required, the Künstlersozialkasse will contact you by post. Please respond to any queries as soon as possible.

You will receive the decision on your application for restitutio in integrum either in a separate notification or together with the notification of the benefit applied for by post.

You must submit the application within 2 weeks after the reason that prevented you from meeting the original deadline no longer applies. This applies to

• the application for restitutio in integrum and
• the submission of the notification, documents or application for which the original deadline has expired.

There are no indications or special features.

• Appeal

Detailed information on how to lodge an objection can be found in the notice from the Künstlersozialkasse.

• Restitutio in integrum granted by the Artists' Social Security Fund
• Applicants are treated as if they had complied with a missed statutory deadline
• Prerequisite:
  • statutory deadline must have been missed through no fault of their own
• Deadlines:
  • Application for reinstatement: within 2 weeks after the reason for the impediment has ceased to exist
  • Catch up on a missed action (e.g. originally missed notification): also within these 2 weeks
• The Künstlersozialkasse can decide on the application separately or with the decision on the benefit or legal situation.
• Responsible: Artists' Social Security Fund