Factsheet for measure
LU-2022-10/3816
– measures in Luxembourg
Law of May 10, 2022 - Health insurance
Loi du 10 mai 2022 - Assurance maladie
Background information
The measure is part of the temporary protection regime set in motion by Council implementing decision (EU) 2022/382 of March 4, 2022, noting the existence of a mass influx of displaced persons from Ukraine, within the meaning of article 5 of directive 2001/55/EC, with the effect of recognizing the temporary protection regime for these persons.
It also responds, by repercussion, to the national policy aimed at facilitating the reception and integration of migrants, particularly with regard to labor need.
Content of measure
The law of May 10, 2022 amends articles 1 and 32 of the Social Security Code, which aims to facilitate the affiliation of beneficiaries of temporary protection (BPT) to social security by providing for their compulsory and definitive affiliation to health insurance and therefore coverage by the National Health Fund (CNS) from the moment they have the temporary protection certificate. This means that they are excluded from the waiting period. BPT contributions are paid by the Ministry of Social Security.
Temporary protection status is a specific protection status activated at European level for people who have fled the war in Ukraine. It is available to people who resided in Ukraine before February 24, 2022, and who have arrived in Luxembourg since February 24, 2022.
Use of measure
Beneficiaries of temporary protection, 907 people in 2024.
Target groups
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Workers
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Businesses
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Citizens
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Does not apply to workers
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Does not apply to businesses
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Does not apply to citizens
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Actors and funding
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Actors
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Funding
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National government
Social insurance
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National funds
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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No involvement
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No involvement
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|
Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
-
No involvement
-
Main level of involvement: N/A
Involvement
The social partners (representing employees vs. employers) are not involved. On the other hand, the Conseil d'Etat is involved.
Views and reactions
Conseil d'Etat draws attention to the fact that the Social Security Code makes no provision for this for beneficiaries of international protection. The latter are affiliated to the health insurance scheme on a voluntary basis. The situations of the two categories of beneficiaries of protection are not comparable, but the differences in health insurance affiliation lead to inconsistencies when a beneficiary of the temporary protection scheme is granted the status of beneficiary of international protection.
Sources
