I would like to dedicate today's article to the German family allowance, the so-called 'family allowance'. Kindergeld.
In the article I will explain, among other things:
- to whom this benefit is due,
- at what rate and
- for how long it can be paid.
I will also touch on the impact of other benefits on the ability to collect Kindergeld in Germany.
Regulation of Kindergeld at EU level
In the era of membership of the European Union and the European Economic Area, bringing with it free movement of workers and the possibility to take up employment regardless of existing borders, it has become important to regulate transnational issues related to the social security of mobile workers and their families. The EU rules on the coordination of social security systems contain rules whereby persons moving within the European Union, the European Economic Area and Switzerland in order to work they will not lose benefits acquired in another country. Furthermore, these benefits will be paid even if the beneficiary moves to another country. The EU rules regulate, among other things:
- family allowances referred to in today's article,
- upbringing benefits,
- or attendance allowances.
Who is entitled to Kindergeld?
I will not go into the confusing issue of coordination of security schemes. In simplest terms, Kindergeld is due to a person who in Germany:
- has unlimited tax liability, i.e. he resides in Germany and pays taxes there on all his income or
- works in Germany or
- is conducting business there.
Unlimited tax liability is characterised by residing in Germany and paying taxes on all your income. The last two conditions are independent of the first condition. Indeed, one can work in Germany but pay taxes in Poland.
The conditions for obtaining Kindergeld are furthermore:
- possession by the entitled person of a so-called tax identification number (steuerliche Identifikationsnummer),
- completing and submitting an application to the relevant Familienkasse,
- the inclusion of supporting evidence for the data indicated in the application.
For which children can you receive Kindergeld?
Kindergeld will be received for children:
- own and adopted,
- spouse and life partner,
- for whom the beneficiary is the legal guardian (e.g. grandchildren),
- children from foster families if they have been taken into these families not for profit by the applicant's family.
A prerequisite is that the child resides at all times in a shared household.
Under the above conditions, the benefit, with some exceptions, is paid to all children until they reach the age of 18. Above this age, only in certain cases such as:
- continuing education,
- A four-month transition period between leaving education and entering employment,
until the child is at most 25 years old.
Please note that full-time work performed by a child during the holidays or limited work performed during the other months up to €450 per month gross (average) and no more than 20 hours per week does not exclude the receipt of child benefit.
Amount of the Kindergeld benefit
Note: I am returning to the social security coordination system. Only one parent is always entitled to the benefit. The benefit will be paid to the parent with whom the child permanently lives. If the child does not live permanently with either parent, Kindergeld will be paid to the parent who provides the child with the most maintenance.
Which benefits exclude Kindergeld partially or completely?
EU rules regulate the priority of the state in which benefits, including family benefits, will be paid in respect of a person.
What does priority country mean?
If the entitlement to the benefit exists in two countries at the same time, it is necessary, in accordance with the principle that the benefit is payable in only one country at a time, to decide on the basis of the rules laid down in EU legislation in which country the family allowance will be paid. That is, which country will be the priority country for the payment of family benefits.
The general rule of thumb here is that the country of priority will always be the country in which the entitled person works or does business and in whose household the child is located.
Example situation
The father of a child works in Germany. He has a claim to payment of Kindergeld. His wife, with whom their son is staying, lives and works in Poland.
The country of priority for the payment of child benefit will be Poland. This is because the child's mother works and lives with her son in Poland.
In such a situation, the mother of the child, if she fulfils all the conditions indicated in Polish law for receiving child benefit or 500+ or both, should apply to MOPS for payment.
At the same time, the father of the child applies for Kindergeld at the German Familienkasse. He indicates that in Poland the family receives, for example, PLN 500 for their son due to Poland's priority in paying the benefit. If we already have a decision from Poland, a copy of this decision should also be attached to the application for Kindergeld.
As a result, the German office pays the benefit minus the value of the Polish child benefit or 500+ converted into euros, or both together.
However, if the child's mother was not working, the country of priority would be Germany. This means that the German Kindergeld would be due to this family in an unlimited amount. When applying for 500+ and child benefit, the Polish office would be forced to take the Kindergeld payment into account. The amount of child benefit and 500+ is less than the amount of the paid benefit from Germany, so Polish benefits would not be due to this family. The decision from MOPS will be negative.
Kindergeld - for what period before application?
Currently, the benefit is paid for a maximum of six months prior to application.
What do I have to do to receive family benefits from Germany?
Of course, an application must be submitted. Currently, applications for Kindergeld can also be obtained in Polish. Access to the Polish version can be found here. The duly completed application and all enclosures must be sent to the competent Familienkasse according to your place of residence. If your family is resident in a country other than Germany (as in the example above), the relevant Familienkasse is located in Chemnitz.
The application must be accompanied by a "KIND" annex. - as many children, as many attachments.
It is worth mentioning that the benefit can also be applied for by the person who actually provides for the child instead of the parents. In addition, the child itself may apply to the Familienkasse for the benefit. However, the child must be of full age. Otherwise, the child's legal representative may apply on behalf of the child.
Payment of the benefit
Once the documents have been registered and digitised, the office assigns each case a number, known as a 'case number'. "Kindergeldnummer". Based on the last digit of this number, the date of payment of the benefit is determined. Under the number 0 800 4 5555 33 you can always check when your monthly payment will be made. This call is free of charge and only available from Germany. Persons residing in Poland can call the number: +49 911 1203 1010. This connection is chargeable.
Who else can receive Kindergeld?
If the recipient does not meet his or her obligation to pay child maintenance or does not pay enough, the Familienkasse may, at the request of the parent or the person concerned, decide to pay child maintenance, in whose custody the child remainspayment to that person. This mainly concerns situations in which a final Polish or German court has ruled on maintenance against the a parent working in Germanyand that parent does not fulfil his or her obligations and does not pay for a child living in Poland. In such a situation, the parent in Poland, in whose household the child is permanently living, can submit an appropriate application to the Familienkasse for Kindergeld. In this application, the parent must explain the situation in detail and provide as much information as possible about the beneficiary, i.e. the parent who is employed in Germany. Among other things, information can be provided on the place of employment or the tax identification number.
It also happens that, for some reason, an eligible parent does not apply for benefits, despite being entitled to do so. Sometimes it is ignorance. More often, however, experience shows that the reason is simple human envy towards the other parent - the ex-spouse. In such a situation an application for benefits in Germany should be submitted by the parent with whom the child lives. Although he is not entitled to receive this benefit.
When will I find out about the benefit award?
The Familienkasse informs the beneficiary of the decision on Kindergeld in writing. In the event of a negative decision, an appeal may be lodged within 30 days of its notification. The appeal procedure is free of charge. In the case of a subsequent refusal decision, it is possible to file a complaint with the court within 30 days of service of the decision. The proceedings in this case are payable. However, a party may apply for exemption from court costs.
In this article I have outlined the most important issues regarding the possibility of claiming family benefits in Germany.
Should you have any further questions, I remain at your disposal, of course. Please ask your questions in the comments to this article, by email or by telephone. Our law firm is involved in representing entitled persons before the Familienkasse, advising on the completion of Kindergeld applications and mediating correspondence with the authorities in Germany.
261 comments
Welcome.
How does Kindergeld apply in the case of drawing a survivor's pension from Germany (after the deceased father), where the children are permanently resident in Poland?
If you receive a family pension from Germany, you are entitled to Kindergeld under the Bundeskindergeldgesetz. If you meet the other conditions for payment, you should submit an application to the Familienkasse, together with the KIND and the pension award decision, as well as other attachments confirming the circumstances described in the application, to the Familienkasse in Chemnitz. If you meet the requirements for Kindergeld to be paid to you, you must also submit this application. Kindergeld can be paid out retrospectively (max. 6 months).
Hello, I have a question, if my minor daughter receives a German pension, is kindergelt also due? Bożena
Kindergeld also applies to orphaned children receiving a parent's pension. Please apply at Familienkasse Chemnitz if you live in Poland.
Hi. In 2020 I will collect in pl 500+ for two children. My husband and I were both unemployed without benefit entitlement until April. Between May and June, my husband worked in Germany and I did not work during this time, living with the children in pl. My husband did not receive any benefits in Germany. In November, I submitted a letter to mops from my husband's work in Germany and was told that I had to repay 500plus for May and June. That is a total of 2000 PLN.
Unfortunately, that is how it is. The office in Poland demands a refund due to the fact that in the months of May and June Germany was the country of priority in the payment of benefits. This means that you should receive the full amount of Kindergeld from Germany, i.e. 408 euro x2 = about 3600 PLN. The problem is that the Familienkasse only accepts applications for 6 months back. This means that your claim for payment of KG is time-barred and in Poland you should return the 500+ you have received.
Hello, I have a question, my ex-husband works in Germany and I live in Poland with my child and commute to work in the Czech Republic in the Czech Republic I don't receive benefits because my income exceeds it in Poland 500 plus is not due because Germany has priority in the payment of benefits I received an application from Germany for kindergeld unfortunately in order to apply I need a certificate from my ex-husband who doesn't want to provide me with the above mentioned document what to do is there any possibility to receive kindergeld without this document????
The non-cooperation of a parent working in Germany is a frequent problem that we encounter in our law firm. Unfortunately, the Familienkasse also rarely cooperates in this regard. Apart from sending a certificate form asking the employer to sign it, the Familienkasse does not really have any coercive measures against a parent who refuses to provide the relevant documents. Usually it is only in court proceedings before the Finanzgericht that the delinquent parent manages to obtain the desired certificate. But the case can take up to two years.
Hello, I have received a refund for 6 months of Kindergeld but I am already working in Poland and I take 500 + in Poland already and I have received a transfer from Germany again .Do I have to resign from Germany myself by writing a letter or what ?
Yes, every entitled person is obliged to inform the Familienkasse of a change in facts affecting the collection of benefits from Germany.
Hello, my daughter and I lived in Germany and received kindergeld. My husband and I returned to Poland and he stayed in Germany. The benefit was for me. After a year they demanded a refund for the 6 months in which I no longer lived in Germany but my husband was registered in Germany at the time.
It depends on whether you took up employment in Poland. If the answer is yes, then you should have received the allowance in Poland, because the country of priority in payment of the allowance in a situation when both parents work in different EU countries is the country in which the child lives. In this case, the benefit should have been paid in Poland, and you would have received a differential supplement from Germany. However, if you do not work in Poland, then Germany is the first country of payment. You should nevertheless have informed the Familienkasse about your departure.
Hello I worked seasonally for two months in Germany 2018 and I have a farm in Poland since 2011 I pay KRUS and tax . My children are registered in Poland and I am a widow.Poland wants me to return the family benefits for the period I worked in Germany even though I did not receive any benefits from Germany but from Poland.Is it right that they want to return these benefits?
If you have worked in Germany, you should receive benefits for the period of your work from Germany. It is irrelevant here whether you have applied or not.
Which is the priority country if the child lives with the mother in Pl but the mother's economic activity is suspended due to personal care of the child for 36 months?
The father is of course working and paying taxes in Germany. I am waiting for the decision on 500+ or will it then be refused and the country of priority is Germany ?
The answer to your question can be found in Decision No. f1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits.
It reads that for the purposes of Article 68 of Regulation (EC) No 883/2004, family benefits are considered to be 'provided on the basis of employment or self-employment', in particular:
(a) by virtue of actual employment or self-employment; and
(b) during any period of temporary suspension of such employment or self-employment:
(i) as a result of sickness, maternity, accident at work, occupational disease or unemployment, in so far as wages or benefits, excluding pensions, are payable in respect of those circumstances; or
(ii) during paid leave, strike or lockout; or
(iii) during unpaid leave for the purpose of bringing up a child, insofar as such leave is deemed equivalent to such employment or self-employment in accordance with the applicable legislation.
This means that Poland will be the first country to pay benefits, while Germany will pay the difference between the 500+ benefit and the KIndergeld amount.
Hello, I have a question. Which is the priority country if the children live with their mother in Pl and the father has recently started working
in Germany. I would like to point out that the mother has been granted a care allowance in Poland for a disabled child and pension contributions are paid on this. Until now, 500+ has also been received for the three children. Thank you in advance for your answer.
The care allowance paid by the municipality is treated as work. This means that Poland will be the first country to pay out benefits, and Germany will pay the differential supplement. Please apply to the Familienkasse in Chemnitz.
Hello is KG due to a child whose parent works part-time in Germany ?
Tenure does not matter. What does matter, however, is where the child lives and whether the other parent works.
Is Kindergeld transferred to a bank account in Poland free from bailiff seizure? If so? Which regulations govern this exactly.
Article 833 §6 of the Code of Civil Procedure states that family benefits, among others, are not subject to enforcement. Hence, all family benefits, including Kindergeld, are not subject to enforcement in Poland. However, it should be remembered that in the case of bank account seizure, the bank sends the amounts due to the bailiff regardless of where they come from. Therefore, it may happen that non-enforceable funds are transferred to the bailiff's account. In such a situation, you should immediately go to the bailiff with a request to exempt these receivables from enforcement. Enforcement from a bank account is not enforcement from family benefits. It is an enforcement of all receipts from that account.
In Germany, the Kindergeld was also exempt from enforcement until 2010. Nowadays, in order for the money not to cover debts, it should go into a so-called Pfändungsschutzkonto, a so-called "Pfändungsschutzkonto", which is an account protected from enforcement, where a certain amount of funds can be kept. In 2019, the basic amount free from bailiff seizure in Germany is € 1179.80.
Hello, if the father of a child collects kindergeld and does not pass this money to a child, does he have such a right? I add that I receive in pl 500+ everything went to the coordination he receives kindergeld there 500zl less but he does not pass it to the child. He does not bring up the child and pays alimony, but the child is in Poland with its mother. Does he have the right to collect this money, since he is not interested in the child?
Unfortunately, German law in this respect allows half of the Kindergeld to be credited as maintenance if the father of the child is obliged by a German court to pay it. In the absence of such a judgment, the father of the child should transfer the money towards the child's expenses. If he does not do so, please apply for Kindergeld in person, stating your account number in the application.
A prerequisite for receiving Kindergeld after the age of 18 is the continuation of education. Adult children who have not completed vocational training or studies can receive the benefit: 1. during the waiting period for the start of a further stage of education (waiting for a place at a university or vocational school) - ATTENTION: the interruption should not be longer than 4 months! 2. during the vocational training or studies 3. during the "bridging period" - in short, the summer break between the successive stages of education.
Adult children who have completed their vocational training or studies but are under 25 years of age can also continue to receive Kindergeld. The conditions for this are:
- Waiting for another place at university or vocational school - e.g. second stage of studies (master's degree),
- A break between starting another course, learning another profession.
Hi, we got a questionnaire where we have to indicate if I, as a person staying with children in PL, work or have worked in the last year (we have been in PL for a year, before that we were in DE). I am running a business in PL, but I am in a dispute with ZUS, which claims that the business is not running (case in court for two years). My husband has been working in DE for a dozen years, so we collect Kindergeld for the children. And now... does the fact that I have been working in PL recently mean that I should have applied for 500plus in PL a year ago and the Kindergeld should be reduced by this amount, or will the German benefit only be reduced from July this year?
The Coordination Regulation only indicates that when determining the priority of a country for the payment of family benefits, it is important that the work was actually carried out in Poland. This is basically a question of insurance. If you were insured during the period in question, this means that the priority country for the payment of benefits was Poland. This in turn means that you should have applied for 500+ for your second and subsequent children. These benefits are paid irrespective of the amount of earnings and, as of July 2019, also for the first child who has not yet reached the age of 18. You should also have applied for the payment of the family allowance in Poland. Germany, as the second-best country for the payment of benefits, is obliged to pay the difference in benefits.
Hello, the case is as follows. I work in DE, my wife does not work. We collect kindergeld in full for the two children. I am a so-called cross-border worker and I am registered with the whole family in PL. The condition to be fulfilled is to be registered together. Will kindergeld accrue if I only register in PL and then in DE? How should I handle this so that I don't lose it?
You are entitled to family allowance if you are resident in Germany, or if you do not live in Germany, you must be working in order to receive benefits. If you continue to work in Germany you will be entitled to the full amount of benefits as long as your spouse is not working.
Thank you for your answer. If I was working in 2018 and I did NOT apply for 500+, but continued to benefit in Kindergeld (Husband works in DE all the time), does this mean that I will have to return this Kindergeld for 2018? Because I understand that I have to apply for 500+ this year and notify the German office....
Exactly so. If the priority country for payment of the KG was Poland, the German Familienkasse is entitled to demand repayment of part of the benefit from you. If you are entitled to family benefit in Poland, you should notify the Familienkasse of this.
Hello, I work in de my wife while in pl she is a village leader and what a collector she has a poor contract. For 1 child kg we collect in de now we are waiting for the birth of the 2nd child . Will we still be able to receive benefits in de ?
if you are working in Germany, and your wife is working in Poland, Poland will have priority in the payment of benefits from the time you start working in Germany. You should inform the Familienkasse about this fact, because for two children you will be entitled to family allowance and child benefit in PL, and in DE to the so-called differential supplement, i.e. the difference between the German benefit and the one received in PL. If you do not inform the Familienkasse, your benefits may have to be returned.
Hello, my ex-wife who lives in Poland with her daughter, collects Kindergeld. Now she has applied for 500 + so probably kindergeld will be reduced by this amount. Is it possible to apply for half of the Kindergeld amount to be set off against the alimony paid?
German law does indeed allow half the amount of child benefit to be set off against the alimony paid. However, Polish law does not provide for such a possibility and alimony should be paid at the correct amount.
Hi. My daughter is of age and she will be the one to apply for kindergeld. The father of the child works in Germany. I am on pre-retirement benefit. The father of the child does not live with us. He used to receive child benefit for my daughter, so does she have to provide a birth certificate etc. again?
Your daughter will not have to submit her birth certificate again, but the Familienkasse will certainly ask for a certificate from the university that she is still studying. and the KG number will remain the same.
Good morning, we benefit from Kingergeld allowance less our 500 +, the children live in Poland. I have a question - in the questionnaire from Familienkase about children in my care who are children in a foster family, should I state the money the foster family receives, or is it only about the 500+ parental allowance?
The questionnaire reads as follows: Do you receive financial benefits for the children of an applicant from outside Germany or from inter- or supra-national organisations?
All family benefits should be entered. Benefits paid for the establishment of a foster family do not count as family benefits.
My husband works in DE, I live in PL with my children and I am on social insurance, which country has priority to pay the allowance
It depends on whether you are actually a farmer and carry out agricultural activity. If not, and if you are only insured and do not make a profit from farming, the case law of the courts is that Germany remains the country of first resort and you will receive the full amount of the allowance.
Do I have to enter the attendance allowance, received in Poland, on this form from Familienkase?
Is this money relevant when setting up the kindergeld entitlement?
According to Article 1z of Regulation 883/2004 on the coordination of insurance schemes, the term 'family benefit' means any benefit in kind or in cash which is intended to meet the expenditure of a family, with the exception of advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I. Thus, the attendance allowance will be deducted from your Kindergeld and should be shown in your application for the German benefit.
Hi. We applied for KG two years ago and it was granted in part. The German FK says that PL has the right of priority for payment. At the time of the application, I, i.e. my wife, was still not working and therefore showed PLN 00 in my income tax return. My husband works in Germany and pays taxes there, he is permanently posted there, i.e. he has a tax class number and a tax number there. Is there a rule that says that if there is only tax movement in DE, then this country has priority of payment? The case has gone to court, but we want to justify why we did not apply in Poland.
If you were not working in PL at the time of the benefit application and are not working to date, Germany is the country of priority for the payment of benefits. This is regulated by EU Regulation No 883/2004. Articles 67 and 68 of this Regulation contain rules for the payment of benefits in the situation where EU provisions on the coordination of family benefits have to be applied. However, making an application in Poland is a different matter. Indeed, although Germany is the country of priority for the payment of benefits, in a situation where you meet the conditions for benefits in Poland, the Familienkasse requests a refusal from Poland because of the priority for the payment of KG by Germany. This is because Familienkasse needs to be sure that you are not receiving benefits in Poland. It therefore does so purely for evidential purposes. However, I think that a case in a German court should help and you should receive the difference, if of course there are no other other reasons for this.
Hello
I live permanently in Germany and receive a widow's pension here, my daughter of 17 years lives in Pl. with her brother and my son of 35 years. is the son entitled to kindergeld .
Greetings
According to EU Regulation 883/04, the person entitled to Kindergeld is also the person drawing a pension from Germany. Please therefore apply to the Familienkasse of your place of residence and indicate in the application the bank account number of your daughter or brother with whom your daughter lives.
Whether working 20h a week. And then on holiday. As a student. Can I lose the Kindergeld?
Yes, because the recipient of Kindergeld must not exceed an average of 20 hours per week for the entire year and the amount defined as the so-called Minijob, i.e. EUR 450 per month.
I am working in Poland and receive Kindergeld for my son who is a student and who is of full age due to a survivor's pension after his father's death. Can I settle the annual family allowance in my PIT with the Polish tax office? Am I still entitled to Kindergeld for my son who is studying?
Of course. If you supported adult children during the tax year:
- irrespective of their age, who, under separate legislation, have received a nursing allowance (supplement) or social pension, or
- up to the age of 25 studying at schools referred to in the regulations on the educational system, regulations on higher education and science or in regulations on the educational system or higher education in force in a country other than the Republic of Poland, if in the tax year they did not receive taxable income with the exception of a survivor's pension , you may take advantage of the family allowance. Moreover, Kindergeld is a benefit the amount of which is not included in income. It is also not the child's earnings.
Thank you for your answer.I had doubts because in the German tax system Finanzamt collecting Kindergeld you cannot apply for the family allowance at the Finanzamt.I had concerns about the position of Familenkassy....
Hello
I would like to know what the kindergeld case looks like, namely when we were married, my husband received benefits in Germany during our divorce. A questionnaire for filling in the kindergeld questionnaire came, but my husband, out of anger, did not want to fill it in, so the kindergeld was withheld and even ordered to return some amount. A year ago I filed an application for family benefits in Poland, the paperwork was sent to the coordination system in Poznan, but until today there is still silence, so how long do we have to wait? And whether Poland or Germany will pay benefits as we are divorced, I am on sick pension and I was working half-time.
For 500 plus, I also submitted the paperwork in July and.until.today.there.has.been.silence
When you applied for family benefits in Poland, you probably stated that the father of the child works and lives in Germany. This information became the basis for sending your documents to the Voivodship Office, which is responsible for the coordination of family benefits. They contact the Familienkasse in order to determine which country has priority in the payment of benefits. Unfortunately, it sometimes takes 2 years for a decision to be issued. It is important that you take a certificate from the OPS confirming the date of application in Poland. This is important because since 2010, submitting an application in Poland is treated as if the application had been submitted in Germany at the same time. In any case, the fact that you have submitted the documents in Poland must be shown to the Familienkasse. If you are working in Poland, Poland will be the first country of payment. This means that you will receive the difference from Germany. We recommend our clients to apply for Kindergeld individually and independently also in Germany, despite having filed the application in Poland and treating this filing as if it were also in Germany. This is because in the German application, we can apply for payment for 6 months back. This fact must be stated in this application.
Hello I have. Question my daughter's father worked several years in Germany the last 2 years he didn't work and in December 2018 he died in Germany is my daughter entitled to a pension or kindergeld her daughter is 20 years old is studying and living in Poland. Her DAD never received any benefit for his daughter. from Germany I will be grateful for your answer greetings.
This article is about family benefits from Germany, the so-called Kindergeld. An orphan's pension is a completely different benefit paid by the insurance company with which the deceased was last insured before death. I am a legal adviser in Poland and the issues you raise go beyond Polish legislation. Therefore, the information I provide below cannot be considered as legal advice.
It is most likely that your daughter will be entitled to what is known as an orphan's pension provided she is studying. An orphan's pension is payable on prior application if the deceased person was drawing a pension up to the time of his or her death or
proved before her death that she had been insured for the required minimum period of 5 years. This means that the daughter's father must have been insured in Germany for at least 5 years before his death. in this case, the daughter would be entitled to 10 % of her father's pension. Unfortunately, you have to take care of everything yourself. You have to ask all major insurance companies in Germany whether the deceased was insured with them or you have to apply straight away. You will need to enclose all evidence with the application, in particular a certificate from the university stating that he continued his studies. I suggest that you take the matter to a German lawyer who will help you to settle the matter in Germany.
Contact the ZUS in Poland and they will give you forms to fill in, as long as you have some information about your daughter's father, i.e. some certificates of employment etc. The more the better, then they will send it to the ZUS in Opole, where they will report to you and you will wait. This may take some time. But if your daughter's father has worked for at least 5 years, he will get something, but it might be a small amount of money, but then Poland subsidises the lowest pension, as we are in the EU.
Is kindergeld due for children if one parent has an agricultural holding in Poland and is insured with the Agricultural Social Insurance Fund (KRUS) and the other works in Germany?
Yes, registration with KRUS means that you are a farmer. If you receive 500 + in Poland, you will be entitled to a differential supplement from Germany.
Is kindergeld due for my son if he receives a survivor's pension from Germany? I was already divorced from my husband, so I was not entitled to a widow's pension. Thank you in advance for your answer.
Good afternoon, how long does the German office have to issue a decision regarding kindergeld?
In the administrative procedure for the payment of family benefits, the German Familienkasse does not have a fixed deadline for issuing a decision. A decision is issued depending on whether all documents have been submitted. You will need to be patient. In our experience, the waiting period is between 4 weeks and 3 months. In complicated cases, with the completion of documents, even 6 months. Of course, KG is overpaid.
Can my son, who is of age and attends school at weekends, earn some extra money? Will I lose kindergeld if he goes to work for 20 hours a week?
Good morning, I have a question
I gave birth 8 months ago and to date I have still not received any Kindergeld for my son, even though I have submitted an application and the relevant documents. Please tell me how long I have to wait for the decision and the payment, as I live permanently in Germany....
And have you applied to the Familienkasse?
We would ask you to read the comments and the article. A similar question has already been answered.
Hi. What if I work abroad half a year the rest of the time I spend in Poland. I am divorced from the child's father and he is unemployed in Poland. The child spends the whole year in Poland with the grandparents. Am I entitled to Kindergelg or 500+?
You are entitled to Kindergeld if you are tax unlimited in DE or if you have your domicile or habitual residence in DE. If you pay taxes in Germany or stay in DE for more than 183 days with the intention of living there, you should receive KG in DE. Since 2010, you can only apply to the Familienkasse or the OPS. These authorities are obliged to deal with the case as a single application. However, this sometimes takes years. We would therefore suggest that you submit the documents in Poland, but not in Germany.
My question is whether the DUW sends its decision to the Familiekasse or whether we have to apply for kindergeld ourselves,
As of 2014, the authorities of the countries interact with each other with regard to benefits. This means that, for example, the submission of an application in Poland will simultaneously be the date of application in Germany. However, this cooperation is very laborious. You should therefore take matters into your own hands and apply to the German Familienkasse. If the situation you are referring to occurred after 2014 and you have reported your husband's work in Germany to the Polish Social Insurance Office, you should apply to the Familienkasse for payment of benefits for the disputed period. After all, the application was submitted to the Polish institution and the period for receiving benefits should be calculated from this date.
Hello, I have a question. My partner works in Germany and commutes from Poland every day, I stay at home and raise the child, we are applying for Kindergeld, but we were refused because the father of the child is registered at his family home, and I am registered at my home together with the child, but we live together. In the letter it came to me that the father of the child should be registered with the child, but at the moment this is not possible and in the letter it says that the mother of the child (that is me) should apply for Kindergeld. Do you think that everything will be ok? We are not married, we have different registrations, but we live together and the child has the father's name of course.
The payment of the Kindergeld benefit is based on unlimited tax liability in Germany. The entitled person will therefore be your spouse. However, he cannot receive the money because you have shown that the child does not live with the father. The money is due to the parent with whom the child lives. Please resubmit the application 6 months back, but either list yourself as the applicant or, depending on the stage of the proceedings, correct the data.
What if the father is working in the UK, I am on maternity leave from the UK but have been registered in the UK since the pregnancy and the child was born and is registered in the UK? I only applied for kindergeld, do I also have to apply for it in the UK? I applied in September and I don't know if I should also apply in Poland? Is it better not to apply so that the familienkasse gets information from pl that I don't receive benefits there? Is there a helpline where I can speak in Polish at which stage my application is ?
According to Article 68 of the Regulation on the coordination of social security benefits (I wrote about this above in another question), if the maternity leave constitutes only a temporary break from work, it is treated as if the person was working in Poland. This means that you should apply for family benefits in Poland if you were resident in Poland. As the child currently resides in Germany with its father, the family benefit should be paid in Germany. For the duration of the child's residence in Germany, and because of the husband's unlimited tax liability, Germany will be the first country in which the allowance will be paid.
Hello, I applied for Kindergeld in April. I work in Germany I am on unrestricted tax but I have my registration with my wife and two children in Poland my wife does not work. I suspended the 500+ benefit in June. At the beginning of October I received a decision from the familienkasse granting the reference allowance and now I have received a negative decision on the 500+ from April until May 2021. Will the Familienkasse now compensate me for the Kindergeld benefit and if so how long can this take.
If you have unlimited tax liability in Germany, you are entitled to claim the KG benefit. If your wife is not working the whole amount is paid by the Familienkasse. Send the refusal decision to the Familienkasse as soon as possible with an explanation of the case and a request for overpayment of the total amount. The total allowance should be paid in Germany from the time that the allowance is suspended in Poland. The duration from the moment the refusal is sent to the Familienkasse varies. The average waiting time for an overpayment if there are no other negative prerequisites for the payment of the benefit is about 6 weeks. I recommend that you take a scan of the decision and also send it by e-mail to the Familienkasse, stating the KG number.
What time do they have to pay the money? Do you receive the money first, or a letter of acknowledgement?
You will usually receive an award decision first and a few days later the money. The waiting time varies from case to case and depends on whether all the prerequisites for payment have been verified.
Hello, I have a question, because I live with my daughter in Poland, the father lives and works in Germany, since August he registered his daughter at home and applied for benefits for her, and I should add that the daughter is of age. He received a refusal, now he is trying to file an application for himself, but the daughter has a dilemma whether to provide him with a school certificate, so that he does not take the money, we have a problem because the applicant was I until now and everything was fine, now he does not want to give us a certificate for the application for employment and so we are deprived of income, what can be done in this case?
Unfortunately, the Familienkasse does not have any instruments with which it can force the father of the child to hand over a certificate from his employer. I think that you should still apply for the benefits yourself. The father of the child is not entitled to the money because the child does not live with him and he will be responsible for this. If the decision is negative, you have the right to appeal to the Financial Court, which can force the father of the child to show where he works and to obtain a certificate, under penalty of a fine. It is therefore worth making an effort to do this.
They granted me kindergeld, but I only got the 500 plus supplement in Poland, but I don't collect in Poland. What now?
You have 30 days to appeal against this decision. To the letter of appeal you will need to enclose the decision refusing the 500+ payment, or a certificate from MOPS (Municipal Social Assistance Office) stating that you are not claiming the benefit in Poland. In the grounds for the German decision, however, you will certainly find an explanation as to why you were only granted the reference allowance.
Asia
Hello, at the time of filing and granting kindergeld I was not married. We have been married for two years now and the little one and I have my husband's last name. Unfortunately, I did not inform the Familienkasse about this and thought I would pass this information on to zbfs (which I did inform and sent a translated marriage certificate). If I report the change of marital status, will I have to repay kindergeld for these two years?
You have not written whether you live in Germany or Poland. We do not know whether the rules on the coordination of family benefits apply in your case. If you both live in Germany, the fact that you are married should have no bearing on the benefit claim, unless you both receive benefits for the same child.
Hi. The father of my 2-year-old son is dead. He worked in Germany, but he does not pay contributions, so the pension is not due. I have just received a letter from them saying that it is not due and that they have reported my case to Kindergeld. My question is: Is there a chance that I will be entitled to Kindergeld? I have another child who I am bringing up on my own. I receive 500plus for two children child support for the older son, family support for two children and single mother's allowance for the younger son. I am not working at the moment.
The condition for drawing Kindergeld is unlimited tax liability in Germany. After the death of a working person, you are also entitled to Kindergeld if you receive a survivor's pension. However, if you are not entitled to a survivor's pension, there are no grounds for drawing Kindergeld, particularly since you are resident in Poland with your children.
The survivor's pension and the family benefit known as Kindergeld are not mutually exclusive. You receive this pension as a safety net from the Social Insurance Office in the event of your father's death, if you are still unable to support yourself or if other conditions laid down in the law are fulfilled.
Where one parent works in Germany, the provision of EU Regulation 883/2004, Article 68 on the coordination of social security systems, will apply. It provides that where, under the legislation of more than one Member State, benefits are provided during the same period and for the same family members, the following priority rules apply:
in the case of benefits paid by more than one Member State on different titles, the order of priority is as follows: firstly, rights granted on the basis of employment or self-employment, secondly, rights granted on the basis of receipt of an old-age or disability pension and lastly, rights obtained on the basis of residence. This means that the country of payment of the family allowance in full should be Germany. Please submit your application to the Familienkasse in Chemnitz.
Hello, I have a question my husband works in Germany and we collect KG there this year in August I started working in Poland did not apply for 500+ do I have to apply? Is it voluntary? And if I have to, will we then have to give back any KG money we have already collected?
Receiving 500+ is your entitlement, not an obligation. However, if you are receiving Kindergeld from Germany when you are working, you must report this change to the Familienkasse. On the basis of the regulations on the coordination of insurance schemes, you are subject to this coordination. The regulations state, among other things, that in the case of entitlement to benefits in two EU countries, the country in which the entitled person works has priority for payment. However, if both parents work, the country where one of the parents works and where the child resides has priority for payment. Also Poland will be the country of priority for payment of benefits, while Germany will pay the difference. The Familienkasse should issue a refund decision from August if you are indeed entitled to benefits from Poland. Poland pays benefits from the date of application. I would suggest that you apply for benefits in Poland.
Thank you for your answer, but I didn't understand something, I didn't know about the fact that I have to submit the documents for 500+ from the day I start working in Poland, I will submit them in January, but I don't understand why Germany can apply for a refund from August when I started working, if I didn't submit the documents for this benefit in Poland, so in summary, in Poland I won't get the refund from August, but in Germany I have to give back the difference? In spite of the fact that we did not apply for the benefit in Poland? Shouldn't it be so that from January when I submit the documents I will have the KG reduced by the amount collected in Poland? And in PL normally I will probably get the benefit from the day of application so why will they ask for the money back there? Can I appeal against this decision somehow?
Unfortunately, yes. As soon as you start working, the country of priority for the payment of benefits will be the country in which the child or children for whom benefits are collected live. If your children live in Poland, you must apply for family benefits and 500+ as soon as you take up employment. You must also inform the Familienkasse about the start of employment, which will from then on pay the so-called differential supplement.
Thank you for your answer, but I didn't understand something, I didn't know about the fact that I have to submit the documents for 500+ from the day I start working in Poland, I will submit them in January, but I don't understand why Germany can apply for a refund from August when I started working, if I didn't submit the documents for this benefit in Poland, so in summary, in Poland I won't get the refund from August, but in Germany I have to give back the difference? In spite of the fact that we did not apply for the benefit in Poland? Shouldn't it be so that from January when I submit the documents I will have the KG reduced by the amount collected in Poland? And in PL normally I will probably get the benefit from the day of application so why will they ask for the money back there? Can I appeal against this decision somehow? I forgot to add that I wasn't working until August, I was unemployed and the only one working was my husband (he was working De) does that change the situation? Maybe we won't have to pay the money back the first contract was a trial one and I wasn't sure if I would get a job for a longer period and the paperwork itself in this case takes about six months
You are very welcome to submit your enquiry to the Law Firm's email address. We will try to clarify everything once again.
Hi. Who is to repay the kindergeld collected independently? The person who worked in Germany or the person who was in Poland with the child?
Unduly received benefits must be repaid by the person entitled to them. However, if the money went to another parent who looks after the child on a daily basis and with whom the child lives, both parents may be liable for repayment.
Can a disabled student who receives a scholarship from a Polish university (for the disabled) and from the Social Assistance Office (GOPS) apply for a family allowance in Germany?
A scholarship is not a job. You receive it for a specific reason, such as social needs or good academic performance. Only work in certain situations excludes you from receiving Kindergeld. I have written about this above.
What if my husband is on sick leave? Are we then still entitled to kindergeld? Do we have to inform the Bundesagentur?
Sickness benefit is a temporary benefit paid for the period of illness. Therefore, it does not interrupt your entitlement to family benefits from Germany. Please note, however, that you must inform the Familienkasse in the event of prolonged sickness.
Welcome,
I am asking for help, I was collecting allowance until March this year,the allowance was stopped because we moved back to Poland with the child in April. The father of the child has stayed in Germany, he pays nothing, I have no contact with him, I have practically no information except where he works.
I have had to give up work due to my child's health condition, so I am not entitled to 500plus.I have been refused and told that I should apply for Kindergeld. Please help me what I should do to get the money for my child. Thank you very much in advance.
Please feel free to make an enquiry by e-mail information sekretariat@bktkancelaria.pl. We have a few more questions about the facts of the case.
Hello, single mother working in Germany, children under the care of their grandmother, father in the Czech Republic, can I apply for kindergeld as I am subject to the tax system in Germany ... what about benefits in the UK ..... where the children live and reside.
You will not be entitled to family benefits in Poland because you both work abroad. You have to apply for Kindergeld in Germany and in the Czech Republic. In addition to a number of documents to be sent to the Familienkasse in Chemnitz, you must also enclose a letter from your parents stating that they are entrusting their grandmother with the care of their children. This letter must be translated into German.
Hi, I have this question, can I deduct half of the kindergeld my ex-wife receives from the child support payment of 419euro? We both live in Germany and are divorced.
Polish law does not provide for the reduction of alimony due to the receipt of child benefit. German law allows for this possibility. Please consult a German lawyer in this regard.
Hello I have a very important question,my husband works in Germany we have Kindergeld since 2018 . I live with my child in Poland and had a contract until the end of December at work. For the last six months I was on unpaid parental leave because our income exceeded. I have received a certificate of employment and I need to go to the employment office to register, I will be entitled to unemployment benefits. Do I have to document this to the Familienkasse ?????? Will this change anything in the payment of Kindergeld?
Nothing should change in the payment of Kindergeld, but any change in employment should be reported to the Familienkasse.
Mother of a child deprived of parental rights for several years. She stays in Germany. No contact with her.Father with child lives in Poland. Currently not working.Refusal of child benefit and 500+.Coordination rules.
Can a father apply to the FK.without knowing where the child's mother lives and works?
Yes, by all means. The father of the child should duly fill in an application to the Familienkasse in Chemnitz describing the entire situation and providing as much information as possible about the child's mother. The matter becomes more complicated if no data is provided. The Familienkasse rarely uses other means to obtain such data. As a rule, the decision is refused and only the German court has the opportunity to verify the mother's data. Nevertheless, the chance exists. In the event of a negative decision in Germany, such a decision can be submitted to the OPS in Poland.
Hi. My ex-partner pays child support and works in Germany. I do not use z500+ in Poland can he apply in Germany.
Of course, this entitlement applies to the children's father. You must fill in and submit an application to the Familienkasse in Chemnitz.
Thank you very much for your reply
I have a question, the husband works in Germany and the wife works in Poland, they only get kindergeld for the children, will they have to pay back? And the children live in Poland, I should add that the husband is registered in Germany.
This issue has already been explained in previous comments on posts. feel free to read them.
Good afternoon I have a question. The whole family has been living in Germany since 2015. We were granted kindergeld for our son even though both my husband and I were working in the Netherlands. In 2017 our daughter was born in Germany and we were also granted kindergeld. So for five years we received the benefits normally. Now, as of August 2020, the kindergeld has been withheld, suddenly finding out everything and that my husband works in the Netherlands. I have not worked for 3 years and I am at home with the children. In August this year I started working in Germany for a mini job. Kindergel was my husband's from the beginning. What can I expect? And is such a move on their part legal?
The Familienkasse is entitled to initiate an investigation into the unlawful receipt of child benefit. If you have both worked in the Netherlands, the Netherlands is the country that has to pay the benefits according to the EU regulation. In accordance with the principle that priority for payment is given to the country in which the recipient works. What can you expect? Certainly also the reimbursement of benefits for the period during which you worked in the Netherlands. Please note that family benefits in Germany are closely linked to taxes. It is a tax-deductible benefit. The statute of limitations for the reimbursement of benefits starts to run from the last incorrectly collected Kindergeld benefit.
In this case, in accordance with the regulation on the coordination of social security systems, the country of priority for the payment of family benefits will be Poland. This means that you should report your employment in Poland to the Familienkasse, and as soon as you receive benefits in Poland, the Familienkasse should reverse its decision and only pay the differential supplement. If you collect the entire benefit from Germany for this period, the Familienkasse is entitled to demand repayment. We have written about this in the comments to previous posts. I invite you to read them.
Hello, I know above it was written, but I am not quite sure if kindergeld is due to children who receive a pension from Germany after the death of their father, but they live permanently in Poland and in Poland they also receive a survivor's pension from ZUS, I will also add that it has already been 5 years since the death.
Apply for Kindergeld at the Familienkasse in Chemnitz. The family pension paid in Germany is the basis for the payment of family benefits.
Hi, I have a question because being entitled to 500+ payment in Poland I was taking the benefit but the situation changed because I lost my job and forgot to report to the gopsu. I was receiving the benefit independently for 9 months.When I realised this, I suspended the 500+ in June.I am now returning the benefit that was not received properly. The lady at the Voivodship Office who is dealing with the case said that the German Office should pay out the benefit because at that time it had priority for payment as I was unemployed without the right to benefit. I would like to know if the German Office will reimburse the benefit, as my spouse is still receiving the difference from the German Office! Should he write an explanation to the German Office? Is it the Polish Office that sends the explanatory documents?
The Familienkasse must have overpaid Kindergeld for the 6 months back before you apply. You should apply to the Familienkasse for overpayment of benefits as soon as possible. However, there is a limitation here. The Familienkasse can pay back for a maximum of six months. We advise our clients to take matters into their own hands. Applying for benefits through a liaison body prolongs the significance of the condemnation.
I would like to ask you to clarify my case ?
Thank you for your answer, and one more question, if someone didn't know kindergeld was due, do they only reimburse for 6 months back or for more months?
Hello,I have a bit of a confusing situation. We have not lived with the father of the children for several years,in 2017 the father offered me to apply for child benefit because he is working in Germany, of course the applicant was me as the person with the children. I signed the documents blank because my father was going to have them filled out by a company in Germany that provides such services, and yes, the company did all the paperwork, except that my father gave his bank account number for the payment without my knowledge or consent. He didn't inform me that the decision was positive and I only found out when I received a payment demand from the company he had filled out the form for. I filed a lawsuit in court in Poland to get the money back, but unfortunately the court dismissed the lawsuit on the grounds that the father had used the money for the children. Is it possible to collect money in someone else's name with impunity and how can I appeal to the court? What arguments can I put forward, after all I have received a service charge notice, any possible claims from the familienkasse will come from me as I was the claimant. Please help.
Unfortunately, not everything is clear to us, e.g. what does it mean that the father of the children has earmarked money for the children?
Rather, you should not write to the Polish court, but to the Familienkasse about the fact that the father of the children has been taking all the money from you. He will then be obliged to repay you, but please note that in Germany it is possible to count half of the Kindergeld as child maintenance and the father of the children can use this in court. If you have any further questions, please feel free to email us.
Good day, I am bringing up my three sons by myself. My husband is still in the process of divorcing, he works and lives in Germany where he receives kindergeld for the children, but he does not use this money for the children and he maintains the house and the sons by himself. I do not receive any benefits in Poland, not even 500+. We maintain ourselves only from temporary alimony and my pesja, because I am employed for 1/8 of a year. What should I do in this situation? Marta
The father of the children is not entitled to receive benefits if the children do not live in the same household with him. You should apply for Kindergeld again immediately (you will find a link to the Polish version of the application in the article) and indicate in the application your bank account number for transfers. You should also write an explanation of what exactly has happened. However, if you are working in Poland, in accordance with the coordination of the social security system, the country of priority for payment of benefits will be Poland. You should apply to the OPS for family benefits. You will have to wait a little while for a decision, as the OPS has to inform the Familienkasse that the father of the child lives in Germany. In all likelihood, you will be entitled to benefits in Poland, and Germany will pay the so-called differential supplement (the difference in benefits). Our law firm can assist you in preparing the application for Kindergeld and all the documents, and also represent you in the proceedings before this authority.
Welcome,
please clarify whether in order to receive 500+ in Poland and the "difference" in Germany after 500+ for the first child comes into force, it is necessary to apply in PL for family and parental benefit i.e. "500+" or is the 500+ application alone sufficient? Thank you for the information.
Since 2014, the submission of documents in any EU country should have a legal effect in another country. In practice, the case takes much longer if you carry it out through the Coordination Liaison Officer (in Poland through the Voivodship Office). In order to receive 500+ for your first child, you should submit one application for 500+, as you most likely already receive family benefit for your first child. However, it is important to inform the Familienkasse that you are receiving 500+ for your first child and you are asking for the KG for this child to be reduced to the amount of the differential allowance.
Hello, and if a mother with children returns to Poland after several years in Germany and will not be working in Poland because of the age of the younger child, does she have to file an application or simply continue to receive benefits from Germany until she starts working?
This depends on whether the basis for receiving the benefit in Germany has also changed. If the father of the child is still working or receiving a pension in Germany, Kindergeld will continue to apply. However, in any case, the fact that he is leaving with the child should be reported to the Familienkasse.
Hello, what about a situation where the mother works in Germany, registered in Germany, but goes to Poland on Thursday evenings for weekends, while the father with two children lives near the border in Poland, who should collect child benefit in this situation and where?
If the child's mother is legally working in Germany and has paid her taxes in Germany, she is entitled to German family benefits. If the child's father works in Poland, Poland will be the first country to pay child benefit, while the Familienkasse in Chemnitz will pay the so-called differential benefit, i.e. the difference in benefits. You must then apply for Kindergeld to the Familienkasse in Germany, enclosing all the necessary documents. At the same time, apply in Poland for family benefits. If, however, the father of the children does not work in Poland, Germany will take precedence in the payment and you will receive the entire benefit from Germany.
Good day. The husband works in Germany, the child is in Poland with the working mother and in January 2020 the husband received a decision to reduce the kindergeld by 500plus. In January 2020 the mother applied for 500plus in PL. But Familienkasa in February 2020 sent a letter that additionally the husband has to reimburse 700eur for the period from July to December 2019, but in Poland for this time the mother did not receive 500plus. Should I therefore apply to the PL for the 500plus compensation from July or should I submit to Familiekasa a certificate from the Mops that the 500plus has not been received and that no payment is made in Poland for the past 6 months?
You should receive the benefit in Poland from the month in which you became employed. The Familienkasse is not interested in the fact that you have not submitted an application. You have not been entitled to the full amount of Kindergeld since the date of your employment because you have taken up employment and therefore have priority in the payment of benefits in Poland. However, according to Polish legislation, benefits in Poland are paid from the moment of application for these benefits. Therefore, I do not think that the OPS will overpay you for this period.
Hello, my husband has been seconded to work in Germany and I am here on attendance allowance for my daughter. Can they also withhold attendance allowance until it is clear how things will work in Germany or will Poland be the country of priority in this situation.Regards
Hello, we are farmers on the Agricultural Social Insurance Fund (KRUS). My wife went to work legally for about 2 months, 1 month in the country and then back again for 2 months. Can we apply for family allowance for our 21 year old daughter who is a student in Poland.
Please read the article and all the comments on it. You will certainly find the answer. Otherwise, we encourage you to contact the law firm directly.
Hello, I have a question, my husband has been working in Germany since 6.08.2019, he has been registered there since 1.02.2019, I am registered with the Employment Office with the right to receive benefits, can we apply for Kindergeld in Germany or would it be more beneficial for me to deregister from the Employment Office.We have 2 children
Hello, I live with my partner and my 3 children. I collect 500+ from Poland. I am not working. I am currently 6 months pregnant. The partner last month switched to Gewerbe. My questions: - When remaining in a civil partnership after the birth of a child, is kindergelt only due to our joint child?
- If I get married, is kindergelt automatically due for my children too?
- What is the situation with the payment of the birth grant and becikowe? Does it depend on the partner being registered and working abroad?
Hello, my former partner and father of my child is German. He lives and works there. I, on the other hand, returned to Poland with my child. In Poland, I work professionally and my child attends primary school. My child also has German citizenship In Germany, my ex-partner took Kindergeld and transferred all of it to us (204 euros). Since February, the Kindergeld payment has been stopped. In Poland, I have never received the 500+ benefit. I do not know what to do in this situation. Please advise me.
Hello, I work in Germany and the child is with her mother in Poland. Since November I have not received child benefit and 500 plus for my daughter. My ex-partner, the child's father, is obliged to pay alimony. Until recently it was collected by a bailiff. The last few months the bailiff has also had problems collecting the arrears. Can I apply for child benefit in Germany?
Of course. If you legally work in Germany and pay taxes, you are entitled to receive Kindergeld for your daughter who lives with her grandmother in Poland. Similar cases have already been discussed.
Hello, I work in Germany in seasonal work. I would like to apply for kindergeld but can I because my wife and I live in Poland with our children but we have old addresses, of course from the old days. I have a different one and my wife and the children have a different one and my question is whether this is a problem if we have different addresses, or how to prove that we are together under the same roof but we are not yet registered together.
You should describe this fact in your application or make a joint registration. The fact of being registered does not prove residence, but of course when you apply for Kindergeld, you must also enclose a certificate from the municipality. I would suggest that you describe the situation if there is no possibility of a joint registration.
Hi. The husband works only 4msce during the year in Germany. The wife is on maternity leave in Poland, she is registered with the children and the husband has another registration in Poland. For the duration of the work in Germany, the family is suspended because the ladies say that it is better to suspend, while we collect 500+. My question is whether kindergeld is due and who is to apply and does everyone have to be registered on the certificate of family composition if the father of the child has a different meldunek?
If you are on maternity leave and were previously working, this is treated as if you were still working. The country of priority for payment of benefits will be Poland while your husband is working abroad. This means that during the 4 months of your husband's work abroad, you should receive all the benefits to which you are entitled from Poland, and the differential supplement from Germany.
Hi. Can I apply for Kindrgeld (compensation - in Poland I receive 500+ for two children) if the father of the children works in DE but I do not know the name of the company and therefore do not have the certificate of his employer? We are divorced, the children live with me by court order - we have no registration because I live with the children in a rented flat (I have a lease agreement). Is it true that after the changes in 2020 I can also apply for a Kindergeld supplement: Kinderzuschlag? Do you have to submit a separate application in order to receive the Kindergeld retroactively? (I don't know if I am interpreting the changes correctly, that I can apply after 6 msc but 6 msc backwards? The father of the children has been working in De since the beginning of 2018. Before the divorce, he worked for about a year in DE and we had already collected Kindergeld
You should try to submit an application, filling in all the details you know and are aware of. Experience shows, however, that the Familienkasse rarely takes the trouble to find out where the father of the child works. Often a negative decision is issued and it is only the Finanzamt, i.e. the court, that takes steps to find the father and his employer. The application for Kindergeld is currently paid for six months back and this must be stated either in the application or in a separate letter accompanying the application. Indeed, as of 1 January 2020, an amendment to the Kindergeldzuschlag Act came into force. However, this benefit still does not cover children living outside of Germany.
Hello I applied in Poland for family and 500+ unfortunately the applications went to coordinacij. No one warned me beforehand that it would take so long unfortunately. I have been living in Poland since 1 February and my children and my mother were also in Poland. How will it look now if it turns out that I should receive benefits from kindergeld, although I couldn't file in Germany because the Gops in Poland no longer issued me with a certificate that I don't receive here, because my applications were already in coordination.
You could send your application for Kindergeld indicating that you will attach a certificate confirming whether or not you are receiving Polish benefits at a later date. Unfortunately, the procedure for sending applications through the co-ordinators sometimes takes an indefinite amount of time. We therefore recommend our clients to take matters into their own hands and apply to the Familienkasse themselves.
If you have been awarded benefits, how often do you have to renew your application? Over the age of 18.
The application is not renewed. Every year, however, the Familienkasse sends you a form, which you must fill in, enclosing a certificate from your university stating that you are continuing your studies.
Hello, we have become a foster family for our grandchildren, following the death of our daughter. My son-in-law works in Germany and does not live with us. He applied for kindergeld even before becoming a foster family and has just received a positive decision. We don't know at this point if he won't have to return the KG he gets even if he passes it on to the children. Maybe it is better to report this and apply for KG on behalf of the children. Probably the foster family is not entitled to 500+, only the monthly allowance. Should the fact that the children are placed in a foster family be reported, does this affect the receipt of kindergeld?
If your son-in-law is living with you, there is no need to change the decision. However, if you have become a foster family, you must notify the Familienkasse to update your details. If you are not a professional foster family, you are still entitled to Kindergeld.
If I am 22 years old and studying, but I am also registered with the unemployment office, am I entitled to kindergeld? I was refused, but I am not claiming any benefits because I am registered at the unemployment office and I am totally dependent on my parents.
Being registered with the Employment Office with the willingness to take up employment according to the EU Social Security Regulation is a premise for refusing to pay Kindergeld. This situation was treated by Familienkasse as 'work'.
Hi. My husband and I receive kindergeld for our child who lives with me in Pl and my husband works in de. In Pl we do not receive 500 + because I am unemployed. What if I start a traineeship granted by the labour office? Do I have to report to the familienkasa when I start a traineeship? Do we have to apply for the 500 +? The internship is only for 3 months.
If the internship is paid and you receive a stipend, the right to receive 500+ in PL arises and this means that you will be obliged to inform the Familienkasse, which will result in the benefit paid being reduced to the so-called differential supplement.
Good day, my husband and I applied in September 2018 to the familienkasse for kindergeld. They sent us paperwork that they need a refusal from Poland, that we do not receive 500 plus but from October 2018 they are sending 66e each in the letter they wrote that they will simply transfer the difference. However, as soon as they sent this letter we sent them papers from Poland about the refusal of our benefits in our home country. However, we still only receive the 66e difference. And here is my question: Does the Familienkasse have any time for this? Best regards
In Germany, unfortunately, there is no administrative deadline as in PL. The Familienkasse responds and issues a decision as soon as possible after all the necessary documents have been obtained, of course. I suggest that you take matters into your own hands and inform the Familienkasse that you are not receiving any money from Poland and enclose copies of the Polish decisions. Apply for overpayment of benefits from Germany and do so from the moment you submit your application in Germany.
Hello. I am a mother of two children, divorced from their father, who has been working in Germany for 6 months. In Poland, I receive 500 plus for each child and I work. My ex-husband has limited parental rights. In this situation, can I apply for kindergeld in Germany, for payment of the difference, i.e.v204 euro minus 500 PLN?
Yes, you may apply for payment of the differential supplement, but you should enclose with your application as much information as possible concerning your husband's employer, your identity number or the place of residence of the children's father. You should submit your application directly to the Familienkasse in Chemnitz, informing it of and enclosing copies of the decisions granting the allowance in Poland, as well as the other required attachments.
Hello I live with my child in Pl and I am unemployed . The father of the child worked in 2019 for 3 months in Germany . During the whole period I received family and parental benefits . After reporting the stay abroad the Municipality referred the documents to the Office where a refusal decision was issued and the documents were sent to Germany . We do not live together. The office in Germany sent me an application form to fill in with my partner's details and my address. What if I do not want to submit the application there and I do not submit it ? ( I do not have all the data to fill in as far as the employer and the certificate are concerned my father has been in Pl for a long time )
Social security cases take a long time. I would suggest that you notify the OPS that the father of the child is currently back in PL. You should only receive Kindergeld for the 3 months that the father of the child was working in Germany, unless you were receiving unemployment benefit. In this case, the German Familienkasse should have paid you a differential supplement. Applying to the German Familienkasse is a right, not an obligation. You do not have to do this. However, you must bear in mind that in this case, the social welfare agency will not pay your benefits. The country of priority for the payment of family benefits is strictly regulated by an EU regulation. I have written about this in an article.
Hi, I moved from Germany with my two children to Poland and my spouse (the children's father) still lives in Germany and receives unemployment benefits from the Jobcenter. I am not yet able to work. The only means of subsistence for the time being is money from the Kindergeld. Can I continue to receive Kindergeld from Germany or apply for family allowance in Poland?
A condition for the payment of Kindergeld is that the beneficiary is fully tax liable or, alternatively, resident in the BRD. If your spouse is resident in Germany and has unlimited tax liability, i.e. is resident there for more than 183 days with the intention of permanent residence, you will be entitled to the benefit. However, the Familienkasse for payment will change to Chemnitz. This change of residence must of course be notified to you. If it somehow transpires that you are living in Poland, they may oblige you to repay the money. As long as you are not working in Poland, Germany will be your first port of call for Kindergeld payments.
Hello...My fiancée is pregnant and the due date is May 2020...We are not married...She is working legally in Germany...Please tell me if I am entitled to claim Kindergeld after the birth of the child as we are not married at the moment...My fiancée is studying in Poland....
Yes, of course. It is not the marriage that is decisive here but the fact that you are the father of the child.
Hello, I have a question. My husband works in Germany and is registered there. He is insured in Germany and the children are insured in Germany. My children and I live in Poland and I do not work anywhere. I receive 500 plus in Poland. Will I have to pay back the 500 plus in Poland even though we don't receive anything in Germany. Please answer
The country of priority for the payment of child benefit will be the country in which the father of the child works. If you have not declared that the father of the child works in Germany, you should do so.
Hello, I am Adam working in Germany and raising a 23 year old daughter who is studying and lives in Poland for whom I have custody and I have received a questionnaire from Familienkasse and they are expecting information about my ex-wife. I do not keep in touch with her and have no idea what she is doing now, whether she is working, receiving a pension or any other benefits. What should I do, despite writing that I have no contact with my ex-wife they still send back the papers and ask me to fill in where she lives, where she works etc.? How do I solve this problem?
Of course, the issue you mention is relevant, due to the fact that you are both obliged to contribute to your daughter. Usually the Familienkasse, although it has the instruments to do so, does not decide to use them and cedes the information obligation to the parties. Please obtain the necessary information through your daughter. After all, it is in her interest.
Good afternoon, my daughter's father (we are divorced and the Kindergelt was granted at my request because my daughter lives with me) has been on sick leave since April. The company that sent him to work temporarily in Germany (German) as soon as he submitted a release (incidentally, the illness is a result of the working conditions in Germany) from a German doctor released him. His daughter's father is now sending the release from the Polish doctors (he has already had a knee operation) to their ZUS. My question is: am I entitled to kindergelt for my daughter for the period of sick leave (the difference because I have a business in Poland) and do I have to notify them that the person who pays taxes which is the basis for this benefit is on sick leave? I don't move the funds for the last two months because I don't know, and they don't really answer emails (written with a translator 😉 . My father as soon as he is out of rehabilitation is going to go back to work in Germany but with a different company. I would appreciate an answer.
Kindergeld can be collected by an entitled person who lives in Germany or is tax resident in Germany. If the father of the child is no longer working in Germany and you are living and working in Poland, you are entitled to Kindergeld in Poland. You must notify the Familienkasse in Chemnitz within a maximum of 30 days of the occurrence of the event that gave rise to the benefit in Germany. You must report the change of situation giving rise to the benefit to the Familienkasse in Chemnitz within a maximum of 30 days of the occurrence of the event giving rise to the benefit.
My daughter and I receive a survivor's pension after the death of our husband and I want to move back to Poland in August.
Can my daughter continue to receive KG from Germany while still living in pl?
Do I have to apply for 500+ after coming to PL and does Germany pay the difference?
Thank you for your help .
Yes, if you come to Poland permanently and intend to live here with your child, the first obligation for payment of family benefits will be in Poland. You must submit an application in Poland and inform the Familienkasse beforehand that you will be receiving benefits in Poland.
Hello
The father of the child is working in Germany I recently had a baby and we wanted to apply for kindergeld we are not married but the son has a different registration from the father does this prevent us from applying?
Little information is provided. In general, a different registration does not prevent the claiming of benefits. What matters is the place of residence. A certificate of domicile must be submitted to the Faamilienkasse, but this applies in principle to the child and to the parent who will receive benefits on account, as this does not have to be the child's father. It might as well be you.
Hello, I would like your telephone number
The telephone number can be found on our website under the contact tab. This number is 602386001. We also encourage you to correspond by e-mail. You will also find your e-mail address under this tab.
Hello, I have been divorced for 11 years and I have no contact with my ex-husband and he has not been interested in my children since the divorce. A year ago he wrote a statement to the ops stating that he was working in Germany and this created a problem. They took away my child benefit and 500 allowances and my application was sent to the regional office and the regional office sent my application to Germany and I wanted to know which state would pay the benefit.
The answer to your question can be found in the text of the article.
Good afternoon, I would kindly like to know if I, as the mother of a child with whom I live together in Poland, can apply for KG family benefits? The father of the child, with whom I do not have a joint household, lives and works in Germany. I am economically inactive. Priority for payment of benefits is granted in Germany, so the Voivod has refused to grant me the right to family allowance, parental benefit and parental benefit in Poland. At the moment, it is difficult for me to contact the father of the child. Can I also apply in Germany for the equivalent of the Polish parental benefit? Thank you in advance for your answer.
As a matter of fact, you may submit the application as the applicant, although the person entitled to benefit is the father of the child.
What about child benefit? Do you have to apply for it every year as well, or does the Familienkasse only require a decision on the "500+" benefit?
You apply for child benefit in PL every year. If you meet the conditions for claiming it, you must of course submit the application and send the decision to the Familienkasse.
What if I don't meet the condition and I am not entitled to child benefit? Do I have to apply in order to be formally refused? The staff at MOPS and the Voivodship Office do not know, they only say that it is possible to make such an application just in case and that the number of applications is decreasing year on year, or they may refer you to Familienkasse with this question.
Indeed, until recently, we encountered that Familienkasse Chemnitz required a refusal decision from those entitled. The idea was to ensure that parents entitled to benefits in Poland did not give up their benefits for fear of a temporary withholding of payment due to an OPS decision. But now we notice that more and more benefits are being paid on a so-called declaration, in which the parent declares that he or she is not entitled to benefits in Poland because, for example, the child is 18 years old.
Hi, I have a question - I have been receiving KG benefit in Germany for 10 years, I have a registration there, a minijob. I am working in Poland and in August I applied for the 500+ benefit in order to receive a travel voucher. I also justified my application by writing a letter stating that I receive benefits in Germany and that I am only applying for the travel voucher. . It turned out that in September I had been paid for two months, and yesterday in Germany my daughter's father received a letter from Chemnitz saying that they were withholding benefits and asking for justification because I was in Poland. What a massacre. I honestly don't know what to do or call there and ask, just what I don't know.
You should clarify the matter as soon as possible. If you are entitled to family benefits in Poland and Germany, the country where the children live will pay the family benefit. Please read the article that explains the rules for drawing benefits in coordination.
Welcome. I would like to ask for your help. My husband, I and our children have been living in Germany for a year. We are registered here. The children go to kindergarten and school here. My husband has a Polish business and works on it in Germany and pays contributions in Poland. Please tell me if I can get kindergeld in Germany. The Germans seem to say no, because he pays contributions in Poland, and the Polish claim that they don't either, because the children live in Germany. I have not received any money from anywhere for over 2 years. I am asking for help and a quick answer
Kindergeld, unlike family benefits in Poland, is an income tax allowance for parents, i.e. it is based on the income of the beneficiary. Thus, if the entitled person works in a Polish company and pays tax and insurance in Poland, the country of priority for payment will be Poland. Unfortunately, the condition for receiving family benefits in Poland is also that the children must reside on Polish territory. Since they do not reside in Poland, the Polish OPS does not pay the benefits. It should also be noted that if the husband works in Germany for more than 183 days, he is subject to unlimited liability in Germany. There, he should pay taxes and collect Kindergeld.
This is indeed a problem. Unfortunately, the Familienkasse does not take any steps to find out about the entitled person. In such a situation, it is likely that the Familienkasse will issue a refusal, which will have to be appealed to the same fund. After a renewed refusal, the case must be filed with the finance court. It is only this court that has the instruments with which to search for the beneficiary, ordering him or her, under threat of a fine, to appear for a hearing and to provide information about the insurance and the employer.
Hello, perhaps the answer to this question already exists here - but I have not found it, so I am asking: Do I have to have worked in Germany for at least 6 months to apply for kindergeld?
The Familienkasse pays benefits to foreigners working and living in Germany from the 3rd month of employment, with compensation of course.
Welcome!
I have been living and working in Germany for 3 years. For 2 years my wife and son lived with me, but a month ago they returned to Poland due to a second pregnancy. The applicant for KG benefit is my wife (she was living with me in Germany at the time) who is currently living in Poland with her son - the benefit is still sent to my wife's German bank account. After she moves out, should I file a new application for kindergeld or can it stay as it is? My wife does not work.
It should certainly be reported that your wife and child are currently residing in Poland. If your wife is not working in Poland, Germany will continue to be the country of first refusal. However, the fact that the child has moved out must be reported.
Hello. What does the situation look like if I have completed my bachelor's degree (full-time) after high school and I plan to continue my studies at a post-secondary school as an administration technician (extramural)? Am I entitled to benefits if I earn less than 1600 PLN?
Unfortunately, you send too little information. If the post-secondary school is another course of study, it will be rather difficult to prove that the post-secondary school is a continuation of a bachelor's degree. The teaching should be geared towards one profession (not several). As far as your salary is concerned, if you can work part-time, this should not be a problem.
Hello, what can I do in a situation in which the familienkasse has refused KG payment for my daughter, who lives with me in Poland, is 22 years old, graduated in January 2020 from the post-secondary full-time school as a pharmacy technician, received her certificate and diploma in April, but in order to be able to work as a qualified pharmacy technician according to the Polish departmental regulations of the Ministry of Health, she is required to complete a 2-year internship in a pharmacy. She has applied for a number of traineeships in different pharmacies, at least one every month from May 2020, but it was only in October that she was able to find a place in a pharmacy and has a two-year contract as a pharmacy technician trainee. The contract states that the basis for the employment contract is the departmental regulations. The trainee works full-time, i.e. 8 hours a day, and receives the minimum wage. I sent all these documents to Familienkasse, but they refused to pay because my daughter has an employment contract. But it is not an ordinary employment contract. Should this contract not be regarded as further training in an apprenticeship, where a two-year apprenticeship is still required to obtain a qualification? Are you aware of any judgments of the Federal Court in similar cases?
The Familienkasse probably considered that, because her daughter had finished school and started working under an employment contract, she was not entitled to family allowance. If she wanted to continue receiving the benefit, she should have signed an apprenticeship contract and earned no more than € 500 (20 hours/week).
I take kindergeld for my daughter who is of full age. She is still studying but is pregnant. Is she still entitled to kindergeld in this case?
As long as the child is studying and gaining an occupation, he or she is entitled to receive family benefits.
Welcome,
I work in Germany, my wife works in Poland, we live together with the child in Poland from 1.10.2020 (until 30.09.2020 we all lived in Germany and received Kindergeld in full). In this case, which country has priority in the payment of the benefit? Should I apply for 500+ in Poland and for the difference in Kindergeld in Germany? Should I or my wife apply for 500+ in Poland?
It all depends on whether or not your wife works in Poland. If she is not working, Germany will be the first country for the payment of benefits. If she works in Poland and the child is also in Poland, Poland will be the first country of benefits payment. Your wife should then apply for family benefits from the Social Welfare Office and send the decision to Familienkasse Chemnitz. Germany will then pay the differential supplement, i.e. the difference.
Hello.From July 2017 to March 2018 I had a so called Gewerba established in Germany.I applied in Poland for 500+ benefits and upbringing benefits,also reporting to the office about the established business in Germany.The Polish side paid me benefits for July 2017,August 2017 and in September 2017 after which it refused further payments due to the established business in Germany.On the business in Germany I received income only in July 2017 and August 2017,after which I had to return to Poland due to the family situation,and I deregistered the Gewerba in March 2018. Because of this, the German side paid me Kindergeld only for the two months in which I reported income, and from October 2017 to March 2018 I was written that the benefit was not due, while the Polish side did not pay me the benefit during this period, citing that I reported activity in Germany, although I was not in Germany during this period and did not receive income from my activity there.The Polish side is now demanding the return of the benefits paid.Who is to pay now for the period from October 2017 to March 2018? I would add that the spouse is not economically active , and I am retired.
The decision on repayment must be challenged administratively and you must request that the decision be overturned. If you were running a Gewerbe in Germany and your wife was not working in Poland, the priority country for the payment of benefits was Germany. (It is unclear why you were refused payment of the KG while you were running a Gewerbe). And it is not about income but about running a business. The same as in Poland. If you were self-employed in Poland, you would be entitled to receive employment-related benefits in PL regardless of your income. The matter should be clarified with both authorities. In Poland, be sure to appeal, describing the entire situation. You may be able to avoid repayment, particularly if you can prove that Germany has refused payment and for what reason.
Hello, my husband and I have been divorced for several years. During this period, Kindergeld was granted for my daughter, paid for some time but after the tightening of regulations it was withdrawn and despite appeals the German side did not change its mind. Previously, the ex-husband paid German tax and Social Insurance Institution (ZUS) in PL, at the moment both these things are paid in Germany, which, as he claims, may be helpful in obtaining Kindergeld for the daughter, who is not co-registered with him. In light of the change in the employment conditions of the child's father, is there a possibility that Germany will accept my application and grant me Kindergeld for my daughter, or does it make sense to go through all the formalities and costs associated with this again?
I do not really understand which stricter regulations you are referring to. At the moment, if the father of the child is working in Germany and is not subject to any tax restrictions there, that is, he pays taxes and additionally lives in this country, while the child with you lives in Poland, you should certainly apply for Kindergeld. If you work in Poland, Germany will pay the difference, the so-called differential supplement.
Hi, I have a contract that does not state the number of hours, can I take kinder gelt? (my dad works in Germany), must the number of hours be stated on the contract?
Hi. My partner goes to Germany as a seasonal worker for 6 weeks a year during his leave from work, with the employer's consent. I receive child benefits in Poland. This year, the Governor has stated that I should be receiving benefits in Germany and will be withdrawing the decision from MGOPS on all benefits. I would like to point out that my partner has only been working in Germany for 6 weeks so he has never applied for benefits there. Can such an employee apply for any benefits in Germany at all? He pays taxes in Pl.Greetings
The condition for receiving benefits from the German Familienkasse is residence in Germany or unlimited tax liability. In principle, if the husband is not tax unrestricted in Germany, does not pay taxes and does not live in Germany for more than 3 months, he is not entitled to Kindergeld in Germany. However, the question is: Should he not pay these taxes in Germany? The husband leaves during his leave - here we can already see the incorrectness and violation of Polish labour law. Holidays are granted for the purpose of rest. The employer, knowing that the employee wants to work in Germany, should give him unpaid leave. The husband should have been contracted by the German employer, who should have paid income tax on the employee. We would then have a situation in which your husband would be insured in Germany, would work in Germany and would be entitled to apply for KG for 6 weeks each year.
Hi , I am planning to go to Germany (on a German contract)myself to work and my woman (not the wife) is not working but raising two children and staying in Poland. Do I have to file for Kindergeld or not and will she be entitled to 500+ if I don't file anything in Germany?
If you are the child's father or legal guardian, you can apply for Kindergeld for children. The Famiienkasse also accepts applications from partners (cohabitation), but the law here refers to so-called registered partnerships under the German Partnership Act. However, we do have clients who have applied without being married and without being the parents of children who have received benefits. However, you must prove very thoroughly that you are living together.
What if my husband is working in Germany, he has a permanent contract of residence, etc. and I live with my children in Poland, I do not work, I do not receive any benefits (family benefits, 500+) because they were taken away from me when my husband started working abroad. Should he apply for Kindergeld or should I apply for it and should we be entitled to the full Kindergeld?
You can submit your application with your husband's details and your benefits account.
Good morning.
If the child's father is on sick leave in Poland and the child's mother works in Germany, does Germany have priority for payment of benefits?
Sick leave is a short-term obstacle to work. Therefore, if both parents are working, both will be entitled to benefits. You will receive 500+ from Poland and a differential supplement from Germany.
Welcome,
Today I found out about kindergelt from a friend. The father of the child has been living and working in Germany for about 7/8 years, I receive the 500 plus benefit in Poland and he receives court-ordered maintenance. We have an average relationship, so my question is whether I, the child's mother, can apply for kindergelt for my daughter on my own, how does my situation look like, what steps can I take on my own? I would like to add that I only know where the father lives (address from transfers + account number of the child's father). Thank you.
Yes, you can apply for the benefit. It is sufficient for you to state the address of residence of the father of the child when submitting the application. The father will be entitled to receive Kindergeld because he works in Germany, but the money will be transferred to your account (you have to state this in the application), because the child lives with you. In the article you will find a link to the application form. Our law firm can also support you in filling out and representing the German Familienkasse.
Welcome,
I am preparing to apply for Kindergeld, in short: the father of the child works and lives in Germany, I live with my son in Poland, I do not work professionally, I am registered in the UP as unemployed without the right to benefit. The father applied for himself in 2019 but was rejected. I applied for 500+ in Poland but it was also rejected and all documents transferred to Germany. I have received applications from Germany to apply for Kindergeld for myself and I wanted to ask whether the "attachment abroad for the application for German child benefit" is to be filled out by me or should it be filled out by the father of the child (because I do not have a German insurance number) and whether the employer's certificate form should be filled out by the employer of the father of the child in Germany? Should I enclose any attachments in addition to the applications I received (all Polish documentation was sent to Germany).
Thank you in advance for your reply
If this is a continuation of the benefit payment and you have been issued with a Kindergeld number, you do not need to send all the documents again. The country responsible for the payment of benefits will be Germany. In fact, the person entitled to benefit payment is your husband, as he is the one working in Germany. You, on the other hand, will be paid, as the child lives in your household. Fill in the Anlage Ausland with your child's father's details and the Arbeotsgeberbescheinigung should be completed by your husband's employer and sent to the Familienkasse in Chemnitz. Please obtain a certificate from the Social Assistance Office stating that you are not entitled to 500+ and enclose it with your application.
Hello, I want to apply for Kindergeld for my children in education aged 19 and 21 - not receiving 500+. Can I attach to the application a simple certificate from MOPS about not receiving 500+, or is another document such as a decision required?
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In addition to many other documents, such as your children's birth certificates, a certificate from a German employer, a certificate of residence or a certificate from a university, it is sufficient for you to enclose a certificate from the MOPS (Municipal Social Assistance Office) stating that you are not receiving support. Applications for children of full age in Poland are not submitted. This is because 500+ is only paid up to the age of 18.
The fiancé has started working in Germany as a commercial driver, leaving for work on Sunday evening and returning from Friday to Saturday night. He is employed by a German haulage company but has no registration. We have two children, I work. Can we apply for Kindergeld despite not being registered in Germany?
You can apply to the Familienkasse in Chemnitz for payment of the differential allowance. You do not need to be registered. What is important is that you are employed and working in Germany.
Welcome,
A few days ago I received a summons to reimburse my child's KD benefit for the period November 2019 to August 2020, my husband has been working in Germany since 2017. Since then I have only collected KG. PL I have never collected 500+ and have not applied for it. Every year I sent a questionnaire to the FK. When filling it out, I entered that I had started working from October 2019. (I did not know that I should have applied for 500+) in July this year I received a summons to return the benefit from the aforementioned period. Coordination was also done at that time and I don't know if there was a decision issued by the provincial governor to grant the 500+ benefit because I don't have such a document. On 15.07.this year I received a summons for repayment of the paid benefit having never received the 500+ benefit. 17.03.this year. FK called me to clarify whether I collected 500+ during this period, I asked the benefit centre to issue a certificate for me and my husband that we did not collect any benefits in PL. I sent the issued certificates to the FK at the beginning of April with a covering letter and an explanation of the situation. Unfortunately, the result is a kindergeld repayment notice. WHAT can I do in this situation ? can I retrospectively ask for the payment of 500+ since I never applied for the period for which I have to return KD. Should I contact the Provincial Coordination Office so that they can clarify the situation with Familienkasse ?
It is the obligation of the taxpayer in Germany to inform the Familienkasse of a change of factual situation if this has an impact on the coordination of social security and the payment of benefits. You should have informed the Familienkasse as soon as you became employed in Poland and applied for payment of benefits in Poland. You would have received a differential supplement from Germany. In the present situation, you should analyse the facts carefully and decide to appeal first to the Familienkasse and then to the Finanzamt. I am afraid that as a result of not informing the OPS the settlement of the allowance issue will be difficult, but I do not insist that it will be impossible. The authorities are currently working together and passing on information. Therefore, at least from the time when the correspondence in which you informed the FK about the start of your employment was delivered, the offices should settle their claims with each other. For the earlier period, it will be difficult to blame the office due to the taxpayer's duty of information described earlier. However, it may be worth appealing and applying for a stay of execution pending resolution of the case.
Am I entitled to kindergeld if I am bringing up two sons aged 19 and 21, who are studying and not working, and the children's father (my ex-cousin) has been working and living in Germany for several years and does not run a joint household with us? Who should be the applicant in this situation ; me as the legal guardian, the father of the sons, or the sons who are of age?
You will be the applicant. However, you will need to complete an application form, indicate your spouse, his or her address in Germany, the address of his or her employer and other documents including certificates from schools about the continuation of your education.
Hello, what if the father works in Germany and the wife and child in Poland, but works on a contract of mandate, does Poland have priority in payment in such a case?
If insurance premiums are paid on the contract, you are treated as an employed person and the country of primary residence will be Poland.
Hello, I have a question. My ex-husband works in Germany, while I work and live in Poland with our two children and a daughter from another relationship. In this case, do I apply for Kindergeld for two children or for three?
You can claim benefit for all three children if they all live with you in one household.
In such a case, the country of priority will be Poland.
Hello, My husband and I have just finished medical school and moved to Germany. We have 3 small children and up to now I have been receiving 500+ and the benefit of Kosiniak allowance by virtue of being a student. I am at home with the newborn twins and my husband is doing an unpaid internship at a hospital. Are we entitled to German kindergeld or still 500+ or nothing?
Greetings
By virtue of your residence in Germany, you will be entitled to Kindergeld in Germany.
Good morning,
Do we have the right to apply for KG if we are studying part-time, where the assemblies are fortnightly?
Yes, provided that the number of lecture hours per week is not less than 10.
Hello, I have a question. My husband works in Germany, I live with my daughter in Poland. We collect kindergeld. I have not worked so far, but since January I will be employed on a part-time contract. Do I therefore have to apply for 500+ and kindergeld will be stopped, or will it remain the same?
The fact that you have taken up employment must be reported to the OPS, which will issue a decision on the 500+ benefit. At the same time, the OPS should inform the Marshall Office, which should inform the Familienkasse in Chemnitz. It is the beneficiary's responsibility to report the fact of employment. We also suggest that you inform the Familienkasse directly about the fact that you have taken up employment in Poland.
Good afternoon, my husband works permanently in DE we collect Kindergeld for a full-term studying child. I want to set up my own one-man company. Will we lose our right to child benefit in Germany as a result?
In a sense. You will be entitled to the differential allowance from Germany and all family benefits in Poland.
Hello, do I have to have a registered flat when working in Germany if my family lives in Poland and I have a house there? Greetings
If you work in Germany, no registration is necessary.
Welcome,
If I have a son from my first relationship he bears the surname of his father, who is deprived of parental rights. Can my current husband apply for KG for my son if my son and I live at the same address?
Of course. If the child lives together with you, Kindergeld will also be due on your stepchild.
Welcome.
My family and I have lived in Germany for 14 years. My husband and I work in Poland (we are border workers) and the children are with us in Germany. Now the Famielienkasse has sent a letter that they want the Kindergeld back because we are entitled to 500+. What should we do?
It is necessary to appeal the decision within the deadline indicated in the decision, providing evidence to support your claims. However, if you are both working in Poland, the country in which you work, i.e. Poland, will be the country of priority for the payment of benefits.
Hello everyone
I have been living in Germany for 9 years, I pay taxes, I am divorced and my 20 year old daughter lives in Poland and studies in Cracow.I applied for KinderGeld together with my daughter because she is entitled to it. After submitting the application and sending all the documents requested by FamilienKasse, I received a reply a few days ago stating that my application was rejected. On calling FamilienKasse, I was informed that I am not entitled to KinderGeld because we do not live in the same household.
Thank you and best regards to all
Yes. If you do not live together, the child's mother or the adult child may apply, of course giving your details as the person entitled on the grounds of your work in Germany.
Hello, I have a problem: my partner and I have not been married for 2 years and he has been receiving kindergeld for our son because he works in Germany. I do not work in Poland, I would like to take up a contract of specific work or a contract of mandate and I do not know how this relates to kindergeld, should I stay as I am or should I apply for 500+ in Poland?
It is important that you run your household together. If you are living together and are not working, Germany will be the first country to pay out benefits. If you do start working, you should report this to the ZUS at the moment, as they are the ones paying the benefits, or inform the Familienkasse in Chemnitz directly. You will then be able to apply for 500+ from the ZUS and Germany will pay the differential supplement, i.e. the difference.
welcome
Am I entitled to kindergeld in Germany for my stepchildren?
thank you for your information in advance
If she lives with you in the same household then yes, by all means. How much depends on whether the child's mother works or not in PL.
Hello, I have a question if I live in Germany and I was on unemployment benefit which ended on 21 October 2022 and on 8 November I registered as a jobseeker with the jobcenter. Is Kindergeld still due for my children because my wife lives in Poland with 3 children and she is not working or do I continue to receive Kindergeld payments because I received a confirmation document from the jobcenter to the Familiebkasesse but at the moment I have not received Kindergeld payments for November.
Yes, registration with the Arbeitsamt still allows you to receive benefits. You must send a confirmation of your registration with the Jobcenter to the relevant Familienkasse. They should overpay.