1. Benefits before and after pregnancy
The Act on the Protection of Working Mothers (MuSchG) applies to (expectant) mothers who have their job in Germany. This law protects against dangers in the workplace and gives them special protection against dismissal. Expectant mothers are only allowed to work in the last 6 weeks before the birth with their consent and not at all until 8 weeks after the birth. In the case of premature and multiple births, the mothers are not allowed to work until 12 weeks after the birth. In the case of medical premature births and other premature deliveries, the statutory period of maternity leave is extended after the birth by the days that could not be used before the delivery. In addition, the law prohibits certain types of work (for example piecework, assembly line, overtime, Sunday or night work). If a doctor certifies an individual prohibition of employment, this also applies.
In order to protect women from financial disadvantages during this time, the Act on the Protection of Working Mothers regulates various maternity benefits:
- maternity benefit,
- the employer subsidy to the maternity benefit during the statutory period of maternity leave,
- the remuneration in the event of a ban on employment outside the statutory period of maternity leave (maternity pay).
You can claim taxable child benefit for your children if:
- You are a citizen of a member state of the European Union (EU), Iceland, Liechtenstein, Norway or Switzerland,
- You have a place of residence or your usual place of residence in Germany and are therefore unrestrictedly subject to income tax,
- You and your child can be identified by the tax identification number (the identification number is automatically sent to your registration address by the Federal Central Tax Office),
- Your child is domiciled or habitually resident in Germany, a member state of the EU, Iceland, Liechtenstein, Norway or Switzerland.
If you do not live or have your habitual abode in Germany, but generate at least 90% of your income in Germany, you can apply to the Tax Office to be treated as having unlimited income liability. You may be entitled to child benefit under social law if you do not live or have your usual place of residence in Germany, but are subject to limited income tax liability in Germany because you are employed here and are subject to social security contributions.
Please note: During the first three months after changing your place of residence or establishing your habitual residence in Germany, you are not entitled to child benefit if you have no domestic income during this time. This includes income from your work (employed or self-employed) or income from business operations.
If you are entitled to freedom of movement, you do not have to meet any further requirements. In the case of persons who are not entitled to freedom of movement, the entitlement to child benefit depends on the residence title (e.g. settlement permit). You have a right to freedom of movement if, for example, you work (employed or self-employed). If you are not employed, you must have sufficient means of subsistence and health insurance coverage. You can find out more about residence and freedom of movement rights here.
Please note: If your right to freedom of movement results solely from the purpose of looking for work, there is no entitlement to child benefit. This shall only not apply if you were already in Germany due to another right of freedom of movement before you started looking for a job, for example because you have already worked before. In this case, jobseekers are also entitled to child benefit.
As soon as the above requirements for entitlement to child benefit are met, you can apply for child benefit. This is also the case if you are not employed and have no income in the first few weeks of your move to Germany. A corresponding provision in the Income Tax Act, which provides for an exclusion of child benefit for non-employed parents entitled to freedom of movement in the first three months after establishing residence, is currently no longer applied by the Family Benefits Office and will be changed in the foreseeable future.
You usually receive child benefit for children up until their 18th birthday. These include:
- biological and adopted children,
- foster children
If the child is older than 18, you can receive child benefit under certain conditions until their 25th birthday at the most. This is the case, for example, when your child is completing a course of study or vocational training for the first time.
Please note: If your family lives in another EU country, it must first be clarified which country is responsible for paying child benefit. It is possible that you will receive partial benefits in different EU countries. That depends on your family situation. Find out more about cross-border cases here.
The application for child benefit must be submitted to the Family Benefits Office responsible by the parent with whom the child lives. From 1 January 2023, child benefit will be EUR 250 per month for each child.
Please note: Once the application has been received, the Family Benefits Office will only pay you child benefit retrospectively for the past 6 months.
3. Supplementary child allowance
The supplementary child allowance according to § 6a of the Federal Child Benefits Act (BKGG) supports parents whose monthly income is insufficient to cover the needs of the family fully. From 1 January 2023, the supplementary child allowance will be a maximum of EUR 250 per month per child and, together with child benefit and, if applicable, housing benefit, will cover the average needs of children. Those who receive the supplementary child allowance are also entitled to benefits for .
Parents are entitled to supplementary child allowance for their children if
- the children are under the age of 25 and are not married or in a registered civil partnership,
- they live in the parents’ household,
- child benefit or a benefit is received for these children, which excludes child benefit,
- the monthly income of the parents reaches the minimum income limit of 900 Euro gross for couples and 600 Euro gross for single parents,
- the family's needs are covered by the payment of child benefit, supplementary child allowance and, if applicable, due housing benefit and therefore no entitlement to Unemployment benefit II arises.
4. Parental allowance
Parental allowance is financial support for families after the birth of a child. The parental allowance covers part of the missing income if you want to be there for your child after the birth and you therefore interrupt or limit your professional work. You do not necessarily have to take parental leave to receive parental allowance, but you are only allowed to work to a limited extent.
The entitlement to parental allowance exists if the child is domiciled in Germany or if one of the parents is or was employed in Germany. Parental allowance can be drawn by those who
- do not work more than 32 hours per week during the parental allowance months applied for,
- look after and bring up the child themselves,
- live in the same household with the child and
- have their place of residence or habitual abode in Germany.
According to the needs of the parents, the regulations on parental allowance offer different modalities.
The basic parental allowance during the first 14 months of the child’s life is 65% to 100% depending on the net income before the birth. The lower the income, the higher the percentage. It is a maximum of 1,800 Euro per month.
Fathers and mothers can receive it for a maximum of 14 months in total and can freely divide the period among themselves. One parent can claim a minimum of 2 and a maximum of 12 months. The full 14 months are when both parents are involved in looking after the child. Single parents can receive parental allowance for the full 14 months. If the child is born 6 weeks or even earlier before the expected date of birth, the parents receive parental allowance for up to four months longer.
With parental leave you can interrupt your employment or shorten your working hours to look after your child. Parental leave is a right of the employee in relation to the employer if they usually carry out their work in Germany, as well as for employees who work abroad, if the employment relationship is subject to German law. If you take parental leave, you are released from work. You do not receive any wages. However, you can receive parental allowance during the period under the above conditions.
Please note: You cannot be dismissed during parental leave. The employment relationship is only suspended and you are entitled to return to your job.
Children from the age of 1 have a legal entitlement to a childcare place in a child day care centre (also known as a kindergarten or “day care centre”) or in childminding (with a “child minder”). This right to care for the child applies from the first birthday until starting school.
Under certain conditions, a child under the age of 1 can also obtain a childcare place (e.g. if the parents are working, looking for work or completing an apprenticeship).
Many Youth Welfare Offices in Germany provide appropriate forms and information on the Internet as well as an overview of the care costs involved. The Youth Welfare Offices also offer personal advice for parents and support them in finding a suitable childcare place.
Tip: If you would like to have your child looked after, you must register early. Due to the large number of interested parents, the childcare places are usually taken quickly. Many have to wait several months for a childcare place. It is best to inquire about free places as early as possible.
Care in a child day care centre is particularly beneficial for the language skills of your child. For children and adolescents who grow up with a mother tongue other than German, there are special language support offers in child day care centres and at school.
Tip: For your child to be successful at school, it is important that they speak German well. So take advantage of the language support offers! In some Federal States, participation in German support programmes is compulsory for those children. You can get information about German language support directly from your child’s day care centre or school, as well as from Migration Advice.
More information can be obtained on site:
• Youth welfare offices
• Family counselling
• Advice centres
• Child day care centres and schools (many day care centres and schools offer, for example, an “open day” where you can visit the day care centre or school on fixed dates. These open days are usually announced on the websites of the facilities.)
7. Education and participation package
In particular, children, adolescents and young adults who receive Citizen’s benefit or social assistance or whose parents receive supplementary child allowance or housing benefit have a fundamental legal right to educational and participation benefits. These include:
- one-day school and day-care trips,
- class trips over several days,
- equipping with personal school supplies with 150 Euro per school year,
- the trips to school,
- reasonable learning support,
- a grant to communal lunches as well
- Services for participation in social and cultural life (sport, music, leisure).
The educational and participation benefits are to be applied for from the responsible municipal authorities in the respective Federal State. You can find out where you can apply for the services locally .
Family benefits, such as child benefit or parental allowance in Germany, are available in all EU countries, but there are major differences in terms of their structure and amount depending on the country. The question often arises as to which country is responsible for paying family benefits. That depends on the situation of your family.
- If your family lives in the country where you work, that country is responsible for paying family benefits. You will receive family benefits under the same conditions and in the same amount as citizens of this country.
- If your family does not live in the country where you work, you may be entitled to benefits in several countries. If you are eligible to receive family benefits in several countries, priority rules decide which country pays first. If the family benefits are higher in the other country, you can claim the difference in that country.
Example: One parent works in Germany, the other parent works in Poland and lives there with their child. Then you are entitled to child benefit in both Poland and Germany. Since both parents work, the child’s place of residence determines which country has primary responsibility for paying family benefits. In this case, Poland pays Polish child benefit because the child lives in Poland. Since the Polish child benefit is lower than the German child benefit, Germany pays the difference. All in all, you will receive as much child benefit as in the country with the higher benefits.
The video on gives a good insight (also available in English and Polish). You can also find the on the website of the Family Benefits Office. The leaflet contains information on the Family Benefits Office responsible for you.
9. Multilingual videos on family benefits
Those who have children deserve the support of the State. But as diverse as families are, so are the benefits and tax breaks they receive. Videos that are available in several languages explain the most important family policy benefits, child benefit, supplementary child allowance and maintenance advance as well as allowances for children and the relief amount for single parents.