Why do we have claims
There are various eligibility requirements for parental allowance. Exceptions apply to adoptive parents, cross-border commuters and those posted abroad, among others.
Before the parental allowance office calculates the amount of the parental allowance to which you are entitled, it first checks whether you are entitled to parental allowance at all.
According to Section 1 (1) of the Federal Parental Allowance and Parental Leave Act (BEEG), anyone who
- is domiciled or habitually resident in Germany (exceptions),
- Spends time with his or her child in the same household while receiving parental allowance,
- this child looks after and educates himself (exceptions) and
- has no or no full gainful employment (exceptions).
For children born on or after July 1, 2015, parents can use the new regulations on basic parental allowance, parental allowance plus and the partnership bonus months. Attention: Due to the possibility of extended parental allowance receipt, the eligibility requirements for parental allowance must be fulfilled for a correspondingly longer period!
What you should know about the eligibility requirements for parental allowance:
If one of the eligibility requirements is not met and there are no exceptions, then the entitlement to parental allowance ceases entirely. Even if one parent is not entitled to parental allowance, the other parent can still be entitled. Both parents submit formally separate parental allowance applications, which are often summarized in one form.
Parents who live within the EU or in countries of the European Economic Area can transfer the entitlement to parental allowance from one parent to the other. Outside the EU, the parents must be married to transfer entitlements.
Mr. Frisch is happy about the birth of his son. The child's mother is Italian, lives in Italy and is also employed there. The parents are not married but have joint custody of their son. His professional situation allows Mr. Frisch to commute between Italy and Germany on a weekly basis. Only Mr Frisch fulfills the eligibility requirements for parental allowance. Since the mother of his child is an EU citizen and also lives within the EU, he transfers his entitlement to her. Your income earned in Italy would even be taken into account when calculating the amount of your German parental allowance. However, she must also meet all other requirements for receiving parental allowance (e.g. domicile or habitual residence in Germany, no or no full gainful employment while receiving parental allowance).
Anyone who exceeds the income limit is not entitled to parental allowance.
First-degree relatives can also apply for parental allowance instead of the biological parents under certain conditions.
Anyone who earns something extra while receiving parental allowance, takes part-time parental leave or continues to work independently for no more than 30 hours per week is also entitled to parental allowance.
For the basic entitlement to parental allowance, it is irrelevant whether you worked before the birth of your child. Parents without an income of their own, housewives, men and students can be entitled to parental allowance in the amount of the minimum amount.
Minor employees who want to continue to work part-time for the same number of hours per week after the birth of a child can also be entitled to parental allowance as long as they are not employed for more than an average of 30 hours per week.
Ms. Sabel has been working marginally in her in-laws' inn for many years, averaging 5 hours a week. Since she enjoys her work, she would like to continue doing it after the birth of her child. Since she meets all the eligibility requirements, Ms. Sabel can apply for parental allowance. Taking into account her additional earnings in the reference period, she receives parental allowance in the amount of the minimum amount of 300 euros per reference month.
Parents who have non-European citizenship but are allowed to live and work in Germany or within the EU can also be entitled to parental allowance.
Anyone commuting between Germany and another EU country can be entitled to parental allowance as an EU cross-border commuter if they either have their main residence in Germany or work in Germany that is subject to social insurance contributions.
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