Leistungsanspruch

Leistungsanspruch is a term used in German social and administrative law to denote a legally defined right to receive a benefit or service from a public program or social security system. The entitlement arises when the person meets the statutory requirements and, if required, submits a formal application. A Leistungsanspruch exists independently of whether a benefit has actually been paid or provided; it can be granted in full, partially, or denied.

The concept is applied across various areas, including health insurance, pensions, unemployment benefits, and social assistance. For example, insured individuals may have a Leistungsanspruch to medically necessary services under statutory health insurance if they are properly insured and the services are deemed necessary; retirees may have a Leistungsanspruch to pension benefits after fulfilling contribution periods; job seekers may have a Leistungsanspruch to unemployment benefits II if they are in need and capable of work.

Assessment of a Leistungsanspruch is carried out by the appropriate authority or insurer according to the relevant legal provisions. The determination takes into account eligibility criteria, income and asset considerations, and contributions or insurance status. If a claim is refused, the person typically has the right to appeal (Widerspruch) and, if necessary, to pursue legal action (Klage).

A key distinction is that the Leistungsanspruch is the legal entitlement (the right itself), while the actual payment or provision of services is the Leistung (the benefit) that may depend on further checks, conditions, or offsets such as co-payments.