Child benefit during community service

Simultaneous study: extension

Good news for civilians who are studying at the same time: child benefit can now be used for longer.

How long is there child benefit??

Child benefit or child allowances are generally paid until the child reaches the age of 18. If the child is unemployed, it is taken into account up to the age of 21. If the child is still in vocational training, the reference period extends to the age of 25.

Extension of the claim

These age limits shift when the child is legal Basic military or community service has done when Zeitsoldat up to three years or as development workers was active – namely for the duration of the basic service performed at that time. Since there was no entitlement to child benefit or child allowance during this period, the service period is practically appended.

Family cash struggled

In the past, it was possible during civilian service to start studying at the same time and to "bring both activities together". In this case, the parents were then entitled to child benefit for the child’s vocational training. However, the family fund marked and marked such months with child benefit entitlement considered they don’t more with the extension after the age of 25 or 21, because the parents have already received child benefit.

Positive judgment

Now the Federal Finance Court has decided against the family fund and in favor of the parents. A child is then also due to the community service performed to be taken into account beyond the age of 21 or 25 is if it has already studied during civil service and the parents have therefore received child benefit (judgment of the BFH, file number XI R 12/12).

In the opinion of the BFH judges, "a limitation of the extension to months of service in which no child benefit was granted cannot be found in the wording of the law, nor is a maximum subscription period in months that contradicts the double consideration of months of service". In such a case, the parents are granted double benefits constitutionally unobjectionable. The legislator may lump sum and type here. In addition, this relieves the family funds of the difficult test of whether and in wherein Extent of the training has been delayed in the specific case by the community service.

Service started before July 2011

Speaking of extension: The extension only applies to children who started their service before July 1st, 2011- until 2018 at the latest. For children who do voluntary military service from July 1st, 2011, there is no longer an extension period beyond the age of 25 or 21. The performance of the federal voluntary service does not lead to a later extension of the child benefit, because – unlike in the previous civil service – here it already starts during the service claim insists on child benefit or tax allowances.