Statutory schemes of social security (Directive 79/7)

• Author: Vesna Simovic-Zvicer
• Pages: 60-62

60

7Statutory schemes of social security (Directive 79/7)

7.1General (legal) context

7.1.1Surveys and reports on the practical difficulties linked to statutory schemes of social

security (Directive 79/7)

There are no relevant surveys.

7.1.2Other relevant issues

There are no other relevant issues.

7.1.3Overview of national acts

The Law on Health Insurance68 regulates compulsory health insurance and the exercise of

these rights, the financing of compulsory health insurance, supplementary health

insurance, contracting healthcare with providers of health services, and other issues of

importance for exercising health insurance rights.

According to the Article 13 of the Law on Health Insurance, the rights stemming from

compulsory health insurance under the law are:

1) the right to healthcare;

2) the right to compensation of earnings during temporary incapacity for work;

3) the right to compensation of travel expenses related to the use of healthcare.

The Law on Healthcare69in Article 5 stipulates that in exercising the right to healthcare,

citizens are equal, irrespective of their nationality, race, gender, gender identity, sexual

orientation, age, disability, language, religion, education, social origin, condition and other

personal property, in accordance with the law.

The Law on Pension and Disability Insurance70 in Article 9 stipulates that, for the purpose

of this law, insured persons are:

‘1) employees (hereinafter: insured employee);

2) persons performing self-employment (hereinafter: insured person of self-

employment);

3) farmers (hereinafter: insured-farmer).’

If a person simultaneously fulfils the conditions for insurance on several grounds referred

to in Paragraph 1 of Article 9, the insurance basis isdetermined in such a way that the

existence of the basis of insurance at the first point excludes the basis of insurance from

the next item. This means that a person can only be insured on one basis.

Obligations for payment of contributions based on insurance are determined in accordance

with the law.

According to the Article 16, the rights to be derived from pension and disability insurance

are:

68 Law on Health Insurance,Official Gazette, Nos 6/2016, 2/2017, 22/2017 and 13/2018.

69 Law on Health Care, Official Gazette, Nos 3/2016, 39/2016, 2/2017 and 44/2018.

70 Law on Pension and Disability Insurance, Official Gazette, Nos 54/2003, 39/2004, 61/2004, 79/2004,

29/2005, 14/2007 and 47/2007; Official Gazette, Nos 12/2007, 13/2007, 79/2008, 14/2010, 78/2010,

34/2011, 40/2011, 66/2012, 39/2011, 36/2013, 38/2013, 61/2013, 6/2014, 60/2014, 10/2015, 44/2015,

42/2016 and 55/2016.