Child benefit is a benefit known to most parents, along with parental allowance. Parental allowance is a wage replacement benefit and thus a social transfer benefit. Child benefit represents a tax compensation payment, with a proportionate social transfer character for parents or parents of children. Families.
Child benefit when receiving Hartz 4 benefits
However, people who receive Hartz 4 benefits do not necessarily see a difference between the two benefits: As a rule, they have to reckon with the offsetting of child and parental benefits against their Hartz 4 benefits.
This situation has been hotly debated in the political arena and among those affected for years, but has not yet changed the current legal situation.
All parents should be well informed about child benefit as an application benefit. This is even more true for families in the Hartz 4 system, as they should know all the exceptions to the comprehensive crediting of child benefit in order to be able to legally defend themselves against credits and reductions if necessary.
What is child benefit and how to apply for it?
Child benefit is considered an income-independent tax compensation payment intended to relieve the burden on families with children. Consequently, child benefit is regulated in a separate law, the Federal Child Benefit Act (Bundeskindergeldgesetz) and in the Income Tax Act (Einkommensteuergesetz).
In the case of unlimited tax liability in Germany, parents are entitled to child benefit under the Income Tax Act, and in other cases under the Federal Child Benefit Act.
Parents apply for child benefit when child is born. The family benefits office of the Federal Employment Agency is regularly responsible, or the respective employer in the case of employees in the public sector. The Familienkasse is a tax authority, even though it is part of the Federal Agency. Here, the hermaphroditic nature of child benefit is again abundantly clear: although it is not a wage replacement benefit, child benefit is also considered a social benefit because, in the opinion of the legislator, it goes beyond a tax compensation for families.
Child benefit can be paid retroactively for the last 6 months before the application is received by the family office. By the way, this application can even be made online. The applicant is assigned a child benefit number upon submission of the application, which is valid for the entire further administrative procedure for child benefit.
In addition, the number has significance for the time of payment of child benefit in the month. If the final digit is 0 or 1, the child benefit is transferred at the beginning of the month, for final digits 2 to 7 during the month and for final digits 8 or 9 at the end of the month.
Who can receive child benefit?
When a child is born, parents can apply for child benefit if they have
- living in Germany.
- have German citizenship, citizenship of an EU member state or citizenship of Iceland, Liechtenstein, Norway or Switzerland.
- want to apply for child benefit for a natural, newborn child.
- the newborn child lives with the applicant in the household.
- There are no parallel claims for child-related benefits abroad.
- are not gainfully employed abroad or are working in Germany at the behest of a foreign employer.
In principle, the parents of a child are entitled to the benefit. However, only one parent actually receives the child benefit. Parents must agree thus, which of them makes the request. This can be particularly difficult in separation cases and with unmarried parents under certain circumstances. In case of dispute the family court has to decide.
If the child is supported by another person, this person may be entitled to child benefit. Also here in the case of doubt the family court must make a decision.
Which parent gets the child benefit? When is it due to the children themselves?
As a rule, the parents agree on which of them will receive the child benefit. In some cases, the children themselves are entitled to the child benefit according to the Federal Child Benefit Act.
This applies to orphans and also to children who do not know or do not need to know the whereabouts of their parents. Children who have no contact with their biological parents do not have to establish contact in the child benefit issue. They are not expected to do so.
If parents do not fulfill their obligation to pay child support, children can file a so-called application for diversion of child benefit. This is their way of trying to get child support paid per se.
When does the entitlement to child benefits end?
As a rule, child benefits apply until the child reaches the age of majority. This even applies if a child is considered missing. Disputes often arise when children are taken abroad, because the child’s residence in Germany no longer applies. It depends on the circumstances of the individual case for the continued existence of the claim.
If the child is unemployed, the claim can be extended until the child reaches the age of 21. The tips do not extend to the first year of life, with children in the (first) training up to the completed 25 years of age. Year of life.
Children are considered unemployed if they are not in gainful employment and are registered as jobseekers with the employment agency or another service provider responsible for unemployment benefit II.
Children who are still at school, undergoing vocational training or studying are eligible for child benefit up to the age of 25. Year of life more. Certain voluntary services, such as a voluntary social or ecological year, are equivalent to training.
Attention: It becomes critical with the second education
In the case of child benefit, a distinction is made between first and second education/studies. Second educations are recognized with the child benefit only under certain conditions. It depends on the individual case.
Under certain circumstances, it may be worthwhile to take legal action here in the event of a refusal to continue receiving child benefits. Courts decide thereby very differently. Similarly, if I continue to pay between two parts of my education.
In the case of handicapped children, whose handicap already existed before they reached the age of 25. If the child is under the age of 65, child benefit is paid without regard to an age limit if the child is unable to support itself. In this case, the disability must be the cause of the child’s inability to support himself or herself. This is generally the case if the child has a degree of disability of over 50 percent, or if he or she has the mark H.
How much child benefit can you count on?
2022 become for
- the first and second child 219€ each
- for the third child 225 €
- for each additional child 250 €
paid monthly. The current level of child benefits is determined in each case by political decisions, when families are more or less the focus of political attention.
How does child benefit compare to parental allowance??
Both benefits are application benefits and link to the parenthood. In addition, there is initially no contact, because the parental allowance is a wage replacement benefit and therefore income-dependent. People who receive Hartz 4 usually experience the offset on Hartz 4 benefits for both benefits.
Child benefit and Hartz 4
The child benefit may be taken into account on the Hartz 4 achievements. This practice has been declared constitutional by the Federal Constitutional Court (decision of 11. March 2010 on the case number 1 BvR 3163/09.) Thus, child support is considered income in this context.
The prerequisite for the imputation is that children and parents form a community of need. This is not to be assumed in doubt, if the child benefit is passed on to the children no longer living in the household. However, the amount must then be paid out immediately to the child. If a longer period of time elapses before the word is forwarded, there may be a reduction in benefits.
When can child benefit be reduced?
Child benefit can be excluded by other priority benefits. Benefits that exclude child support are:
- the child allowance of the legal accident insurance
- the child allowance of the statutory pension insurance
- foreign benefits comparable to child benefits
Child benefit can raise complex legal issues. If you receive Hartz 4 benefits and there is an imputation of child benefit, a legal examination of the corresponding notices is recommended.
The practice of the Arbeitsgemeinschaften and Jobcenter is inconsistent, because with the Hartz 4 achievements always an individual examination must take place. Here is also a chance for affected persons to prevent the imputation at least partially.