深圳市福田法院近日裁定,医保个人账户内的资金属于社会保障专款专用资金,原则上不得用于清偿个人债务1。该案涉及被执行人梁某的医保账户,法院撤销了之前对其账户内8.4万余元的扣划行为,并将款项返还1。
此案源于梁某与申请执行人肖某之间的民间借贷纠纷1。法院在裁定中指出,医保个人账户资金系基本医疗保险基金的组成部分,具有社会保障专属性和专款专用性质,账户功能仅限于医保结算,不具有现金存取、转账支付等功能1。法院认为"人民法院强制执行应当兼顾债权实现与被执行人基本生存权益保障"1。
法院强调,虽然医保账户资金受保护,但被执行人的房产、车辆、理财、工资等非民生保障类财产仍可依法查封、冻结、处置用于清偿债务1。
Shenzhen's Futian District Court has ruled that funds held in a personal medical insurance account are protected social security funds that cannot be used to settle individual debts.1 The court rescinded its previous decision to freeze and deduct 84,000 yuan from the account of the defendant, Liang, and ordered the funds to be returned.1
The case originated from a private lending dispute involving Liang and applicant Xiao and raised critical questions about the legal boundaries between protecting medical insurance funds and enforcing debt collection.1 The court determined that personal medical insurance account funds constitute part of the basic medical insurance fund and carry both social security exclusivity and dedicated-use characteristics.1 Additionally, medical insurance accounts serve only for health insurance settlement purposes and lack functions such as cash withdrawal, transfers, or other payments.1
In its ruling, the court stated that "judicial enforcement should balance debt recovery with protection of the debtor's basic subsistence rights."1 However, the court clarified that it retains the authority to seize, freeze, and dispose of the defendant's other non-subsistence-protected assets—including real estate, vehicles, financial products, and wages—to satisfy the debt.1
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