{"id":5146,"date":"2021-10-11T11:16:57","date_gmt":"2021-10-11T09:16:57","guid":{"rendered":"https:\/\/bktkancelaria.pl\/?p=5146"},"modified":"2021-12-22T13:43:33","modified_gmt":"2021-12-22T12:43:33","slug":"swiadczenie-pielegnacyjne-i-kindergeld-a-koordynacja-w-ramach-ue","status":"publish","type":"post","link":"https:\/\/bktkancelaria.pl\/en\/care-allowance-and-kindergeld-and-eu-coordination\/","title":{"rendered":"Attendance allowance and Kindergeld and EU coordination"},"content":{"rendered":"

Attendance allowance is a cash benefit that can be claimed by people who do not take up or give up gainful employment in order to care for a severely disabled family member. Kindergeld, on the other hand, is a family allowance paid in Germany to people who, as a rule, have been working in the country for a certain period of time. In today's article, I will look at explaining the coordination of family benefits using the example of a client who <\/span>downloaded care allowance in Poland and received Kindergeld benefit<\/strong> in full from Germany due to her husband's work in that country.<\/p>\n

Is it compatible with the rules on the coordination of family benefits to collect full family allowance from Germany when at the same time you are collecting a care allowance paid as a kind of equivalent for working with a disabled person? You will find the answer in this article, you can read more about Kindergeld in the entry: <\/span>Who is entitled to the German family benefit Kindergeld?<\/b><\/a><\/p>\n

Case study<\/b><\/h2>\n

Mrs Krystyna approached my law firm some time ago for legal advice on attendance allowance. Her husband, and at the same time the father of the child, moved out of the country for work due to the need to support the family. The man has been working in Germany for 10 years.<\/span><\/p>\n

The client has been receiving attendance allowance for her sick son in Poland for 11 years. As soon as her husband left, Ms Krystyna notified the relevant authorities - including the Municipal Family Assistance Centre. The institution stopped the payment of family benefits, but the attendance allowance continued to be paid.<\/span><\/p>\n

Due to her husband's work in Germany, the couple also decided to apply for the German Kindergeld benefit. In her application, Ms Krystyna indicated that she was receiving attendance allowance for her son in Poland.\u00a0Kindergeld<\/strong> was granted and, at the same time, for those 10 years she was receiving in Poland care allowance<\/strong>.\u00a0<\/span><\/p>\n

As the disabled son had reached the age of 16, a new certificate had to be issued and formalities had to be completed. This situation revealed irregularities that may have occurred between the Polish and German authorities. Mrs Krystyna approached my law firm with concerns about whether there had been a misunderstanding. And at the same time - whether she would have to bear the consequences. She was afraid that she would have to repay the benefit in 10 years' time, which would entail enormous financial problems.\u00a0<\/span><\/p>\n

All the above information has been anonymised for the purposes of this publication.<\/span><\/p>\n

Attendance allowance and Kindergeld and EU coordination<\/b><\/h2>\n

The rules on the coordination of social security systems contain rules whereby persons taking up work in other EU Member States avoid the negative consequences of being subject to the social security system of different countries.<\/span><\/p>\n

In the present situation, the provisions of Regulation (EC) No 83\/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems apply. In accordance with Article 3 of this Union act, the Regulation applies to all legislation relating to the following branches of social security:<\/span><\/p>\n