Navigating Child Benefit Claims after Long-term Overseas Stints in Germany
Demand for Child Benefits upon Return to Germany: Notification to Home Office - Decision of the Court of First Instance on December 16, 1994, in Case T58/90
With a planned stay abroad, a family decided to keep their German flat, only returning periodically. However, their child benefit claim lapsed due to their brief visits. Upon their return, the situation changed.
This case pertains to an assignment in a non-EU/EEA country—a nation outside the European Union and the European Economic Area. The ruling, issued in October 2023 but published only recently, has been finalized.
Insights:
Claiming child benefit in Germany post-long-term assignment in a non-EU/EEA country involves a comprehensive understanding of the Kindergeld rules. Here are the key aspects:
Essential Criteria for Kindergeld
- To qualify, you must be a resident in Germany—applicable to German citizens and non-German residents with valid permits.
- The child's age should be under 18, but benefits can continue until 25 if they're in education or vocational training.
- You should be working, self-employed, or have a permanent residency in Germany and be tax-compliant.
- Ensure both you and your child hold a valid tax ID (Steuer-ID) for eligibility.
Application Procedure
- Obtain the application form KG1 from the Familienkasse website.
- Fill out the form with personal and child details.
- Gather essential documents such as a birth certificate for the child, tax IDs, proof of residence, and employment details.
- Submit the application to the Familienkasse either through mail or online.
- Wait for approval, typically within 4-8 weeks.
Post-Return Considerations
- Validate your residence permit for work or benefits in Germany.
- Demonstrate how your work status aligns with the eligibility criteria, given the long-term assignment.
- Be aware that benefits received outside the EU may not be applicable but could potentially impact your income assessment.
Addressing Potential Challenges
- Make sure all required documents are submitted to prevent delays.
- Ensure accurate bank details for a hassle-free transfer of benefits.
- In case of delays, communicate with the Familienkasse, including relevant documents.
For advice specific to your circumstances, consult the Familienkasse or a local family benefits office.
- In October 2023, a judgment ruling was issued in Germany, entitling the family, after their return from abroad, to child benefit through a home office arrangement, provided they meet the Kindergeld eligibility criteria.
- The family, upon their return to Germany, will be required to meet essential criteria such as residency, a valid tax ID, and work status, as they are planning to claim child benefit for their child in 2023.
- Before submitting the application for Kindergeld, the family should be aware that any benefits received outside the EU may not be applicable but could potentially impact their income assessment.
