Family and children
Various State benefits relieve and support families. The most important financial benefits include child benefit, supplementary child allowance and parental allowance.
1. Benefits before and after pregnancy
The Act on the Protection of Working Mothers (MuSchG) applies to (expectant) mothers who have their job in Germany. This law protects against dangers in the workplace and gives them special protection against dismissal. Expectant mothers are only allowed to work in the last 6 weeks before the birth with their consent and not at all until 8 weeks after the birth. In the case of premature and multiple births, the mothers are not allowed to work until 12 weeks after the birth. In the case of medical premature births and other premature deliveries, the statutory period of maternity leave is extended after the birth by the days that could not be used before the delivery. In addition, the law prohibits certain types of work (for example piecework, assembly line, overtime, Sunday or night work). If a doctor certifies an individual prohibition of employment, this also applies.
In order to protect women from financial disadvantages during this time, the Act on the Protection of Working Mothers regulates various maternity benefits:
- the maternity benefit,
- the employer subsidy to the maternity benefit during the statutory period of maternity leave,
- the remuneration in the event of a ban on employment outside the statutory period of maternity leave (maternity pay).
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2. Child benefit
You can claim German child benefit for your children if:
- You are citizen of an EU member state, Iceland, Liechtenstein, Norway (EEA countries) or Switzerland,
- You have a place of residence or your usual place of residence in Germany and are therefore unrestrictedly subject to income tax. If you do not live in Germany or have your usual place of residence, but earn at least 90% of your income in Germany, you can be treated as having unlimited income upon application to the Tax Office.
- A claim can also exist if you are subject to limited income tax in Germany because you do not live in Germany or have your habitual residence but are employed here and are subject to Social security contributions.
Please note: During the first three months after changing your place of residence or establishing your habitual residence in Germany, you are not entitled to child benefit if you have no domestic income during this time. This includes income from your work (non-self-employed or self-employed) or income from commercial operations (§ 2 para. 1 No. 1 to 4 Income Tax Act).
- To be entitled to child benefit, you must be entitled to freedom of movement. You have the right of freedom of movement if you are doing a job (not self-employed or self-employed) or are a family member of an EU citizen (§ 2 para. 2 No. 1 or § 2 No. 2-7 Freedom of Movement Act/EU). If you are not employed, it is required that you have adequate health insurance coverage and sufficient means of subsistence. Otherwise you are not entitled to freedom of movement. This also applies to family members who are not gainfully employed.
Please note: If your right to freedom of movement results exclusively from the purpose of looking for a job (§ 2 para. 2 No. 1a Freedom of Movement Act/EU), you are not entitled to child benefit. This only does not apply if you were already in Germany due to another right of freedom of movement before you started looking for a job, for example because you have already worked before. In this case, jobseekers are also entitled to child benefit.
You usually receive child benefit for children up until their 18th birthday. These include:
• biological and adopted children,
• stepchildren,
• foster children,
• grandchildren.
If the child is older than 18 years old, you can only receive child benefit under certain conditions. Find more information on this in the FAQs.
Please note: If your family lives in another EU country, it must first be clarified which country is responsible for paying child benefit. It is possible that you will receive partial benefits in different EU countries. That depends on your family situation. Find out more about cross-border cases here.
The application for child benefit must be submitted to the Family Benefits Office by the parent with whom the child lives. Child benefit amounts to 204 Euro per month for the first and second child, 210 Euro for the third child and 235 Euro for each additional child.
Please note: From 1 January 2018, shorter deadlines apply for retrospective applications for child benefit. After receipt of your application, the Family Benefits Office will only pay you child benefit retrospectively for the past 6 months.
Further information on child benefit and how to apply (e.g. family benefits forms) can be found in multiple languages on the website of the Family Benefits Office.
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3. Supplementary child allowance
The supplementary child allowance according to § 6a of the Federal Child Benefits Act (BKGG) supports parents whose monthly income is insufficient to cover the needs of the family fully. Its purpose is to ensure that parents are not dependent on receiving Unemployment benefit II because of their children. The supplementary child allowance is a maximum of 185 Euro per child per month and, together with child benefit and, if applicable, housing benefit, covers the average needs of children. Those who receive the supplementary child allowance are also entitled to benefits for education and participation and are exempt from daycare fees.
Parents are entitled to supplementary child allowance for their children if
- the children are not married and are under 25 years old,
- they live in the parents’ household,
- child benefit or a benefit is received for these children, which excludes child benefit,
- the monthly income of the parents reaches the minimum income limit of 900 Euro for parents and 600 Euro for single parents,
- the family's needs are covered by the payment of child benefit, supplementary child allowance and, if applicable, due housing benefit and therefore no entitlement to Unemployment benefit II arises.
- Your income, which is offset against the supplementary child allowance, is not so high that the supplementary child allowance is reduced to zero.
Please note: A previously applicable fixed maximum income limit no longer applies since 1 January 2020!
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4. Parental allowance
Parental allowance is financial support for families after the birth of a child. The parental allowance covers part of the missing income if you want to be there for your child after the birth and you therefore interrupt or limit your professional work. The entitlement to parental allowance exists if the child is domiciled in Germany or if one of the parents is or was employed in Germany. Parental allowance can be drawn by those who
- do not work an average of more than 30 hours per week per month in the requested parental allowance months,
- look after and bring up the child themselves,
- live in the same household with the child and
- have their place of residence or habitual abode in Germany.
You must apply for parental allowance at your local Parental Allowance Office. You can find the Parental Allowance Office responsible for you here.
According to the needs of the parents, the regulations on parental allowance offer different modalities.
The Basic parental allowance is 65% to 100% depending on the net income before the birth. The lower the income, the higher the percentage. It amounts to a minimum of 300 Euro and a maximum of 1,800 Euro per month. Fathers and mothers can receive it for a maximum of 14 months in total and can freely divide the period among themselves. One parent can claim a minimum of 2 and a maximum of 12 months. The full 14 months exist if both parents are involved in looking after the child and they lose their earned income as a result. Due to the lack of a partner, single parents can claim the full 14 months of parental allowance to compensate for the lost income. There are also other forms of parental allowance, for example for parents who want to work part-time while receiving parental allowance (Parental allowance “plus”). Find more information on this in the FAQs.
Please note: The following applies to all family benefits for EU workers: The country in which the parents work is primarily responsible for paying family benefits. You are also considered employed during parental leave, as your employment relationship continues during this time. If the parents work in different EU countries, the country in which the child lives is primarily responsible. It may be that the other (subordinate) State has to pay a difference if the benefit there would be higher than in the State primarily responsible.
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5. Paternal leave
Parental leave is a right of the employee regarding the employer who usually does their work in Germany, as well as for employees who work abroad, if the employment relationship is subject to German law. With parental leave you can interrupt your employment or shorten your working hours to look after your child. If you take parental leave, you are released from work. You do not receive any wages. However, you can receive parental allowance during the period under the above conditions.
Please note: You cannot be dismissed during parental leave. The employment relationship is only suspended and you are entitled to return to your job.
In order to obtain parental leave, you have to meet certain requirements. Find more information on this in the FAQs.
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6. Childcare
Children from the age of 1 have a legal entitlement to a childcare place in a child day care centre (also known as a kindergarten or “day care centre”) or in childminding (with a “child minder”). This right to care for the child applies from the first birthday until starting school.
Under certain conditions, a child under the age of 1 can also obtain a childcare place (e.g. if the parents are working, looking for work or completing an apprenticeship)
Parents can choose whether their child should be looked after in a child day care centre or by a childminder. In order to get a childcare place, you must submit an application to the responsible Youth Welfare Office.
Many Youth Welfare Offices in Germany provide appropriate forms and information on the Internet as well as an overview of the care costs involved. The Youth Welfare Offices also offer personal advice for parents and support them in finding a suitable childcare place.
Tip: If you would like to have your child looked after, you must register early. Due to the large number of interested parents, the childcare places are usually taken quickly. Many have to wait more than 6 months for a childcare place. It is best to inquire about free places as early as possible.
Care in a child day care centre is particularly beneficial for the language skills of your child. For children and adolescents who grow up with a mother tongue other than German, there are special language support offers in German in kindergarten and school.
In all Federal States, language tests are done in the child day care centre (at the latest before school enrolment) to determine whether the child needs further German lessons. This ensures that a child can follow the lessons.
Tip: For your child to be successful at school, it is important that they speak German well. So take advantage of the language support offers! In some Federal States, participation in German support programs is compulsory for those children who have found that their knowledge of German is insufficient. You can get information about the offers for German language learning directly from the kindergarten or school of your child as well as from Migration Advice and Youth Migration Services.
You can get more information on site:
- City, municipality, district administration: Youth Welfare Offices
- Family counselling
- Migration advice for adult immigrants
- Day-care centres for children (many day-care centres, for example, offer an “open day”, where you can visit the day-care centre on fixed dates and familiarise yourself with the educational concept. These open days are usually announced on the websites of the daycare centres.)
Or on the Internet:
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7. Education and participation package
In particular, children, adolescents and young adults who receive Unemployment benefit II, social allowance or social assistance or whose parents receive supplementary child allowance or housing benefit, have a fundamental legal right to educational and participation benefits. These include:
- one-day school and day-care trips,
- class trips over several days,
- equipping with personal school supplies with 150 Euro per school year,
- the trips to school,
- reasonable learning support,
- a grant to communal lunches as well
- Services for participation in social and cultural life in the community (sport, music, leisure).
The educational and participation benefits are to be applied for from the responsible municipal authorities in the respective Federal State. You can find out where you can apply for the services locally here.
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8. In which country do I get family benefits?
Family benefits, such as child benefit or parental allowance in Germany, are available in all EU countries, but there are major differences in terms of their structure and amount depending on the country.
The question often arises as to which country is responsible for paying family benefits. That depends on the situation of your family.
- If your family lives in the country where you are insured, that country is responsible for paying family benefits. You will receive family benefits under the same conditions and in the same amount as citizens of this country. This means that if you work in Germany and live here with your family, you will receive the same amount of family benefits as German citizens.
- If your family does not live in the country where you are insured, you may be entitled to benefits in several countries. That depends on the rules in the respective countries. If you are eligible to receive family benefits in more than one country, rules of precedence decide which country pays. If the family benefits are higher in the other country, you can claim the difference in that country.
Example: One parent works in Germany, the other parent works in Poland and lives there with their child. Then you are entitled to child benefit in both Poland and Germany. In this case, Poland pays Polish child benefit because the child lives in Poland. Since the Polish child benefit is lower than the German child benefit, Germany pays the difference. All in all, you will receive as much child benefit as in the country with the higher benefits.
The video on Child benefit in cross-border cases gives a good insight (also available in English and Polish). You can also find the Leaflet for child benefit in cross-border cases on the website of the Family Benefits Office. The leaflet contains information on the Family Benefits Office responsible for you.
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9. Videos on family benefits
Those who have children deserve the support of the State. However, as diverse as the families are, the benefits and tax allowances they need are just as diverse. This film explains the family policy benefits of child benefit, supplementary child allowance and maintenance advance as well as tax exemptions for children and the relief amount for single parents.
The video was published under the Creative Commons license by-nc-nd/3.0/. It may be redistributed and published in an unchanged form for non-commercial purposes and including the name of the author “Federal Ministry for Family, Senior Citizens, Women and Youth and Federal Government Commissioner for Migration, Refugees and Integration”.
More videos on individual benefits for families
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FAQ Family
- Child benefit can be paid for children aged 18 or over if
they are undertaking their first programme of school-based or in-company vocational training, university studies or internships. Your child must be acquiring knowledge which will form the basis for him or her to pursue his or her intended profession. - they are undertaking a second programme of vocational training and working only a limited amount, if at all. If your child works more than an average of 20 hours per week over the year, child benefit is no longer paid (with an exception in the case of “450 euro” jobs).
- they are unable to begin a vocational training programme due to the lack of a vocational training place. You must also provide evidence that your child is seeking a vocational training place. For example, your child may be registered with an Employment Agency or job centre as seeking a vocational training place.
- they are unemployed, and registered with an Employment Agency or job centre as a jobseeker. This applies only until they reach the age of 21.
- they are volunteering in the framework of the Federal Voluntary Service (Bundesfreiwilligendienst) or a similar form of voluntary service.
- they are in a transitional phase between two stages of their vocational training programme. This applies for a maximum of four months.
- they are unable to support themselves due to a disability.
Maternity benefit safeguards the income of an expectant or new mother during the statutory period of maternity leave, when she is not permitted to work. Maternity benefit is paid by the statutory health insurance funds during the pre-natal and post-natal statutory period of leave, and on the day of the birth itself. Only women who have statutory health insurance and who are entitled to be paid sickness benefit (Krankengeld) receive maternity benefit.
The amount of maternity benefit paid depends on the recipient’s average net pay over the last three paid calendar months or thirteen weeks, and it is limited to a maximum of 13 euros per calendar day. To receive maternity benefit, you must submit to your health insurance fund a certificate from a doctor or midwife stating the date when you are expected to give birth.
Employees who are not members of a statutory health insurance fund (because they have private health insurance coverage, for example, or are co-insured in a statutory health insurance scheme as a family member) receive a maximum of 210 euros in maternity benefit in total. The competent agency for this is the Federal Insurance Office (Bundesversicherungsamt), specifically its Maternity Benefit Unit (Mutterschaftsgeldstelle).
If the employee’s daily net pay is higher than 13 euros, the employer makes up the difference; this is known as the employer’s maternity benefit top-up payment.
You receive maternity pay if
- you stop working before the beginning of the statutory period of maternity leave, or
- you are not yet able to work after the end of this period, or
- your employer gives you a different, less well-paid job.
You do not need to worry about financial disadvantages. At a minimum, you receive your average pay over the last thirteen weeks or the last three months before you became pregnant (maternity pay). You have to pay tax and social security contributions on maternity pay.
- A child benefit application can only be made by the parent with whom the child lives.
- The application must be submitted in writing to the Family Benefits Office. The Family Benefits Office does not send a confirmation of receipt. It is therefore advisable to send letters to the Family Benefits Office by registered mail with acknowledgment of receipt. You can inquire about the status of the procedure by calling the Family Benefits Office.
- The processing of child benefit applications can currently take up to several months. Once the application has been processed by the Family Benefits Office, you will either receive a decision regarding the application or you will be asked to provide any proof that may be lacking. You should comply with this request as soon as possible in order to avoid further delays.
- After receipt of the application, the Family Benefits Office will only pay you child benefit retrospectively for the past 6 months.
- During the entire application process, you are obliged to inform the Family Benefits Office of any changes in your personal circumstances without being requested to do so. This includes, in particular, changes to your address, your bank details or your employer. Failure to comply with this obligation will lead to delays in the procedure and may also result in the application being rejected.
- If a rejection notice for child benefit is issued, it becomes final after the objection period, meaning 1 month after receipt of the notification. You will then no longer be able to receive child benefit for the period concerned, regardless of whether the rejection of the application was illegal or lawful.
Further information can be found in the leaflet on child benefit in cross-border cases from the Federal Employment Agency.
The cost of childcare depends on the municipality in question. The municipalities meet a large proportion of the costs (regardless of whether the childcare is provided by a municipal or private facility or by a childminder). Parents pay a contribution which is calculated on the basis of the family’s income. Private day care centres are often more expensive than municipal centres.
The basic parental allowance (Basiselterngeld) compensates for 65% to 100% of the loss of income after the child’s birth, depending on the recipient’s net income prior to the birth. The lower the income, the higher the percentage. The minimum amount is 300 euros per month, while the maximum is 1800 euros per month. Parents can receive it for a maximum of 14 months in total and can split this time freely between themselves. One parent can claim the allowance for a minimum of 2 months and a maximum of 12 months. The allowance can only be claimed for the full 14 months if both parents are involved in caring for the child and both suffer a loss of income as a result. As single parents do not have a partner, they can receive the parental allowance for the full 14 months to compensate for their loss of income.
Parental allowance “plus” (ElterngeldPlus) (for births from 1 July 2015 onwards): The parental allowance “plus” is intended for parents who work part-time while receiving the parental allowance. Like the basic parental allowance, it offsets 65% to 100% of the loss of income resulting from working part-time, depending on the recipient’s income. The maximum amount of parental allowance “plus” is half of the basic parental allowance to which the parent would be entitled without any income from part-time work (in other words, a minimum of 150 euros and a maximum of 900 euros per month). However, the parental allowance “plus” is provided for twice as long: one month of the basic parental allowance = two months of the parental allowance “plus”.
Partnership bonus (Partnerschaftsbonus): If both parents work part-time at the same time and work between 25 and 30 hours per week on average in four consecutive months, each parent receives additional monthly payments of the parental allowance “plus” for these four months (partnership bonus).
If you are an employee in Germany, you can take parental leave to care for and bring up a child. To receive parental leave, you must live in the same household as the child. Both parents are entitled to parental leave. Parental leave is considered separately for each parent. During parental leave, parents are allowed to work up to 30 hours per week (in other words, a joint total of up to 60 hours per week).
If your child was born before 1 July 2015, you can take 12 months of parental leave. You can also transfer your parental leave to a period between the child’s third and eighth birthdays, if your employer agrees. Your parental leave can be taken as two separate blocks of leave.
For births from 1 July 2015 onwards, you can take 24 months of parental leave. It is also possible for you to take the leave between the child’s third and eighth birthdays. Your parental leave can be taken as 3 separate blocks of leave. Your employer may only deny you permission to take the third block of leave if there are urgent operational grounds for doing so and your child is 3 or older.
There are many different types of childcare available in Germany. Most child day care centres are run by the municipalities, but many are also run by churches or parents’ initiatives. There are also a growing number of privately run centres.
The following types of childcare exist in Germany:
For children up to 3 years of age:
- Childminders (Tagesmütter/Tagesväter)
- Crèches (Kinderkrippen)
- Mixed-age child day care centres (altersgemischte Kindergärten)
- Parents’ initiatives (Elterninitiativen)
From the age of 3 until children start school:
- Child day care centres (Kindergärten)
- Childminders (Tagesmütter/Tagesväter)
From school age:
- All-day schools (Ganztagsschulen)
- After-school facilities (Horte)
- After-school homework supervision (Hausaufgabenbetreuung), usually organised by private initiatives
The following priority rules determine which country is responsible for payment:
- In principle, the country responsible is the country where you are employed, self-employed, or receiving a pension.
- If you are entitled to family benefits in two countries because you work on a self-employed or employed basis in both, the country responsible is the one where your child lives. If your child does not live in either of these two countries, but instead in another EU country, the country responsible is the one where the benefits are higher.
- If you are entitled to family benefits in two countries because you are receiving a pension in both, the country responsible is the one where your child lives. If your child does not live in either of these two countries, but instead in another EU country, the country responsible is the one whose social security system you were subject to the longest or where you lived the longest.
- If neither parent is working or receiving a pension, an entitlement to child benefit can only exist in the country where the child lives.
Examples:
- The Peters family live in Germany. Mr Peters works in the Netherlands and commutes to work each day, while Mrs Peters is a housewife. The family are entitled to German child benefit because they live in Germany. At the same time, they are entitled to child benefit from the Netherlands because Mr Peters works there.
The priority rules state that the Netherlands is primarily responsible for paying child benefit, as an entitlement exists there due to work. However, as child benefit in Germany is higher than in the Netherlands, the family not only receive child benefit from the Netherlands; they also receive the difference compared to German child benefit. - Mrs Meyer works in Germany. Mr Meyer lives with their daughter in Slovakia, where he receives a pension. Mr Meyer is therefore entitled to child benefit in Slovakia. Mrs Meyer is entitled to child benefit in Germany because she works there.
Germany is primarily responsible, as the entitlement in Germany is due to work, while the entitlement in Slovakia is due to a pension. The family receive German child benefit. As child benefit in Slovakia is lower than in Germany, no additional benefits are received in Slovakia.
Further information can be found in the Federal Employment Agency’s
Merkblatt über Kindergeld in grenzüberschreitenden Fällen
. The last page of the leaflet lists the Family Benefits Offices (Familienkassen) to which you can submit your application for child benefit, depending on which EU Member State you come from.