Kindergeld for Poles in Germany - this is worth knowing in practice

Kindergeld is one of the most popular benefits enjoyed by Poles who are employed in Germany. The granting of the Kindergeld benefit is not automatic - in order to obtain it, you need to submit a special application with the relevant attachments and fulfil the conditions for its granting. Before you apply for Kindergeld, it is worth making sure that you meet the requirements for its granting, otherwise the German authority may refuse to grant you this benefit. What's more, if you claim Kindergeld in contravention of the law, even if you are granted it, the German authority may demand its retrospective repayment, which can result in a repayment of several to several thousand euros! So read our post today, check whether you are entitled to Kindergeld and avoid the risk of receiving Kindergeld as an undue benefit.

Kindergeld - what does it consist of?

Kindergeld is a benefit that is essentially comparable to the Polish family benefit 500+, but differs significantly from it in terms of amount - since the amounts received from Kindergeld are higher than the equivalent of PLN 500. Kindergeld is a financial benefit that a parent who is employed in Germany or who runs a business (so-called Gewerbe) in Germany is generally entitled to. Once a parent meets all the conditions set out in the legislation, submits a duly completed application and annexes, and the application is successful, a right to the Kindergeld benefit is acquired, resulting in monthly payments to a bank account, amounting to several hundred euros per month (the specific amount depends on the entitlement to draw the Kindergeld in full or in part, as will be discussed later).

When are you entitled to Kindergeld?

Kindergeld is available to a parent in specific situations indicated in the law. A prerequisite for obtaining Kindergeld is that you have a so-called unlimited tax liability. What does this mean? In simplest terms, the parent must reside on German territory and pay taxes there on all his or her income. The fact of residence in Germany usually has to be proven by presenting an appropriate document in the form of a confirmation of residence in Germany (the so-called Meldebestätigung). If the requirement of unlimited tax liability is not fulfilled, it is necessary to work on German territory for a German employer or to carry out a German business there in order to obtain Kindergeld. As an exception, parents who are neither resident in Germany nor have unlimited tax liability may obtain Kindergeld if they are compulsorily insured with the German Bundesagentur für Arbeit (Federal Employment Agency), work as volunteers or missionaries, work for German institutions abroad or receive a German pension. As each case is different and can be assessed differently due to minor differences, if you are in doubt as to whether you are entitled to Kindergeld, it is best to consult a specialist. If one of the above requirements is met and you are entitled to Kindergeld, it remains for you to submit a special application together with the relevant attachments. As far as the aforementioned annexes are concerned, one of them is the annex "Kind", which refers to the child for whom the parent wishes to obtain the benefit. The rule applies here: as many children - as many annexes. Therefore, if you are applying for a benefit for more than one child, you must remember to submit a correspondingly larger number of annexes. Careful attention should also be paid to the completion of documents to be attached to the application in order to demonstrate the circumstances concerning, inter alia, the income received. The documents you enclose are important and will be the basis for the authority to decide whether you are entitled to a benefit and how much.

Which parent will receive Kindergeld?

Please note that Kindergeld can only be received by one parent. If the parents live together with the child, they must agree on who will collect the benefit. If the child's parents live apart, the benefit will be paid to the parent with whom the child lives permanently. If the child does not live permanently with either parent because, for example, they share custody equally, then the person who covers the child's living costs to the fullest extent will be entitled to Kindergeld.
In a situation where the parent with an entitlement to the Kindergeld does not pay child maintenance or does not pay it at a sufficiently high level, the other parent may apply to the Familienkasse for the Kindergeld to be paid to him. Moreover, in a situation where Kindergeld has not yet been granted, the parent living with the child in Poland, even if he or she does not meet the conditions for Kindergeld, may apply for the benefit on the grounds that the other parent meets the conditions for Kindergeld - this is mainly the case where one parent works in Germany and does not pay child maintenance and the other parent lives with the child in Poland.

Until when can Kindergeld be collected?

As a rule, Kindergeld is due for each child until the child reaches the age of 18. However, there are exceptions to this rule: if the child is unemployed, then Kindergeld is due until the child's 21st birthday. If a child has reached the age of majority and is still in education, he or she is entitled to Kindergeld until the age of 25. If the child has a full-time summer job or a non-holiday job of up to 20 hours a week with a gross wage of up to €450 (a so-called minijob), then the parent is still entitled to Kindergeld.
Also, a child who is an orphan or does not know the whereabouts of his or her parents and has reached the age of 18 can receive Kindergeld for himself or herself. However, the child must, in principle, be resident or ordinarily resident in Germany. However, if he or she lives in another EU country, Kindergeld will be due to him or her if he or she receives a German pension, e.g. a survivor's pension. However, the Kindergeld benefit will only be due to the child if there are no other persons who can claim this benefit on his or her behalf, in particular adoptive parents.

Familienkasse as granting authority for the Kindergeld benefit

It is worth briefly mentioning the German authority that handles Kindergeld cases. This body is the Familienkasse, which examines applications for Kindergeld, makes the payment of the benefit and also verifies the situation of persons entitled to Kindergeld on an ongoing basis; it may request the submission of relevant documents also during the receipt of the benefit and may demand repayment of benefits that have been taken unduly. Please note that letters sent by the Familienkasse to persons applying for Kindergeld or already receiving it are always written in German, and any letters received from the Familienkasse must also be answered in German. The competence of the Familienkasse is regionalised - the application for Kindergeld should be submitted to the Familienkasse responsible for the place of residence of the person making the application. If you apply for it if you live in Poland, the Familienkasse in Chemnitz will be responsible. A practical tip is to send the documents enclosed with the application for Kindergeld to the Familienkasse in the form of copies and not originals - the only exceptions to this are the annexes to the application and other documents that the Familienkasse expressly requires to be submitted in the original, such as a certificate from a German employer (Bescheinigung des Arbeitsgebers). For all other documentation, such as the child's birth certificate, good quality copies must be submitted.

How high is the Kindergeld benefit?

As of 1 January 2023, changes have been introduced that will result in a benefit of €250 per child. This amount will be due for each child regardless of how many of them the parent is receiving Kindergeld for. It should be noted that this is still a more attractive amount than the Polish parental benefit, even if, as announced, it will be increased to PLN 800. However, it should be remembered that in the case of meeting the requirements for collecting both the Polish benefit and the German Kindergeld, it is not a free choice that applies here, but specific rules indicated in the provisions on the coordination of social benefits, which will be discussed below. Failure to comply with these rules may result in the obligation to reimburse one of the benefits.

Kindergeld, 500+, KRUS insurance and differential supplement - how do I combine these?

In a situation where it is possible to obtain both Kindergeld and a Polish child-rearing benefit for the same child, the question arises as to which of the two can be obtained, so as not to expose oneself to a possible risk related to the obligation to return the unduly collected benefit. These questions are regulated by the provisions on the coordination of social security systems. In the case of overlapping entitlement to benefits, the general rule is that the country of priority will always be the country where the entitled parent works or is self-employed and where the child for whom the parent wishes to receive benefits lives. Thus, if the child's father works in Germany and the mother, who is not working, and the child live in Poland, the family will be entitled to the full Kindergeld benefit. However, the situation will be different if the mum who lives with the child in Poland is also in employment. Then, Poland will be the country of priority and the Polish child benefit will be the one the family should apply for first. However, due to the fact that the child's father works in Germany and the fact that the Kindergeld is a higher benefit than the Polish parental benefit, there will be a possibility to obtain the so-called differential supplement, i.e. a benefit constituting the difference between the amount of the Kindergeld and the Polish parental benefit received (differential supplement = Kindergeld - amount of the Polish benefit). The amount the family will receive will be essentially the same as the amount that would have been received by drawing the Kindergeld itself, but it will come from two sources - the German Famlienkasse and the Polish Social Insurance Institution.
A frequent issue that our clients raise with us is the question of insurance with the Agricultural Social Insurance Fund (KRUS). It is absolutely necessary to remember that a person insured in the Agricultural Social Insurance Fund as a farmer's household member is treated by the German Famlienkasse as a person who is gainfully employed - thus, in such a situation, it is necessary to apply first for Polish child-rearing benefits, and only then for a differential allowance due to the fact that the other parent of the child works in Germany. Otherwise, if you collect Kindergeld in full, the Famlienkasse will issue a decision obliging you to repay the benefit unduly collected.

Elterngeld, Witwenrente, Altersrente - what other benefits from Germany are available?

In addition to the Kindergeld benefit, our law firm specialises in obtaining other German social insurance benefits for our clients. The most popular of these include the Elterngeld family benefit, the Witwenrente survivor pension and the Altersrente pension.
Elterngeld is a benefit to which parents are entitled on the birth of a child. It is a benefit that is intended to provide financial means for the duration of personal care for a newborn child. A prerequisite for receiving Kindergeld is that you are employed or self-employed in Germany and simultaneously reside in Germany. Parents receive Elterngeld when they are on so-called Elternzeit, i.e. leave granted by the employer in connection with childcare. The basic version of Elterngeld is entitled to a total of 14 months for both parents, each parent can receive the benefit for no less than 2 months and no more than 12 months - for example, the child's mother can use 12 months and the child's father 2 months. The monthly amount of the Elterngeld benefit depends on the parents' income from paid employment and ranges from €300 to €1,800 per month. The application for Kindergeld must be submitted to the competent local authority for the place of residence of the child. The application must be signed by both parents.
The application must also be accompanied by relevant documents to enable the authority to process the application efficiently, including certificates from the applicant parent's employer and documents completed by the German health insurance company with which the applicant parent is insured for Elterngeld.
Witwenrente, or widow's pension, is a benefit structured along the lines of the Polish survivor's pension. The Witwenrente can be claimed by a person whose spouse or partner from a registered marriage has died and who has not remarried. The condition is that the deceased person was liable to German social insurance for at least five years. However, this requirement is not necessary if the death was the result of an accident at work or if the deceased was drawing a pension himself. As far as the Witwenrente is concerned, it is possible to obtain a so-called small and large pension - the große and kleine Witwenrente. Kleine Witwenrente is available if the surviving spouse is under 47 years of age and is neither incapable of gainful employment nor raising a child. The Kleine Witwenrente is paid at the rate of 25% of the pension that the deceased spouse actually received or could have received at the time of death. Similarly, the große Witwenrente will be payable if the entitled spouse is 47 years of age or older or is incapacitated or raising a minor child or a disabled child, regardless of age. The Große Witwenrente is entitled to 55% of the pension that the deceased spouse received or could have received at the time of death. The German authority Deutsche Rentenversichrung is responsible for determining entitlement to payment of the Witwenrente, to which an application for this benefit must be made, taking into account that the necessary annexes must also be sent.
Our law firm also assists clients in obtaining the Altersrente benefit, which is the equivalent of the Polish old-age pension. The prerequisite for obtaining it is, firstly, reaching retirement age, which, depending on the year of birth, currently varies between 65 and 67 years. Unlike in Poland, in Germany the retirement age is equalised for both men and women. Those born in 1964, for example, will be able to receive a pension benefit once they have reached the full age of 67. The second condition to be fulfilled in order to receive the German Altersrente benefit is to have completed a minimum contribution period of five years - in simple terms, this means that you must have worked for at least five years on a German employment contract or run a German business. If you have therefore worked in Germany it is worth checking whether you are entitled to a German pension. You are entitled to a German pension regardless of your current place of residence and whether you are receiving a Polish pension. Therefore, if you have worked in both Poland and Germany, it may be that you are entitled to receive the German Altersrente in addition to your Polish pension. The calculation of the German old-age pension is made by the aforementioned German pension authority, Deutsche Rentenversicherung, on the basis of special formulas based on many individual variables. However, if you would like to find out how much benefit you are currently entitled to or will be able to receive in the future, simply apply to the authority in German.
As an international law firm, we specialise in the coordination of social security benefits and claim the benefits offered by German social insurance for our clients. If you would like to find out whether you are entitled to a particular benefit or what the amount will be, please contact us and we will be happy to provide you with comprehensive information. We will also be happy to assist you in determining whether you are in fact entitled to a benefit and whether the German authorities have the right to demand repayment. For many years, we have successfully represented our clients in proceedings before German authorities such as Famlinekasse or Deutsche Renenversicherung, as well as in German social insurance cases at the court stage in Germany.

Kindergeld in questions and answers:

1. How much Kindergeld will I receive?
As of 1 January 2023, Kindergeld rates have been standardised. If you are entitled to receive Kindergeld in full then you will receive €250 for each child.
2. do I get Kindergeld for a child who lives in Poland?
If one parent works in Germany, he or she will receive Kindergeld (either in full or in the form of a differential supplement), even if the child lives permanently in Poland.
3. if my husband works in Germany will I receive Kindergeld?
If the husband is employed under a German employment contract or runs a German business, Kindergeld can be claimed. However, this does not apply if the husband is merely posted to work in Germany and is employed under a Polish employment contract.
4. do I get Kindergeld if the child's father works in Germany but I have no contact with him?
In such a situation, if the child's father does not pay child maintenance, the child's mother can apply for Kindergeld herself with payment to her. It is important to cite evidence in this regard to show that the child's father works in Germany (in particular, it is worth pointing out the German tax number).
5. can I claim Kindergeld and Polish parental benefit at the same time?
These two benefits cannot be claimed simultaneously for the same child. Furthermore, it has to be determined which of the two should be claimed first. If you claim both allowances in full, the Famlienkasse will usually issue a decision requiring you to repay the allowance unduly received. Such a decision can also be issued by a Polish authority demanding the repayment of the Polish parental benefit.
6 When is a differential allowance due?
The differential supplement is due if one parent works in Germany and the other in Poland, with the child living with the other parent in Poland. In this case, Poland will be the first country obliged to pay the child benefit, so you should first apply for the Polish child benefit. Then, you can apply for Kindergeld in the form of a differential supplement, i.e. the difference between the amount received from the Polish benefit and the full amount of Kindergeld.
7. When will I have to return the Kindergeld?
The obligation to repay Kindergeld arises when the Familienkasse issues a decision to the effect that the benefit was unduly collected. The Familienkasse can demand repayment for up to 10 years back. This will be the case if the recipient of the Kindergeld did not meet the grounds for collecting it at all or if he collected the benefit in full, although he was only entitled to a differential supplement.
8. Will I receive Kindergeld for my child at university?
Yes, if the child is studying Kindergeld is available until the child reaches the age of 25.
9. Why does the Familienkasse refuse to grant Kindergeld?
There can be many reasons for a refusal to grant Kindergeld. It may be the incorrect completion of the application or failure to submit the relevant documents. The decision may also be the result of Famlienkasse mistakenly believing that the person does not meet the conditions for Kindergeld.
10. What do I do if the Famlienkasse refuses to grant Kindergeld?
If the Familienkasse refuses to grant Kindergeld, such a decision can be appealed within 30 days of receipt, sometimes the Familienkasse also indicates a longer period for appeal. The appeal must be lodged with the competent Familienkasse. If the appeal is not upheld and the Famlienkasse upholds its decision, you can take legal action. In this case, it is a good idea to entrust the case to a lawyer specialising in German social security law and experienced in such proceedings.

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