The child benefit extension actually remains when studying while doing community service?
The child benefit extension is granted to children over the age of 25 under certain conditions.
The child benefit extension applies if the child is studying at the same time during the civil service?
- The Federal Finance Court has decided, that the child benefit extension also applies to studies during civil service.
- In this way, child benefit for children who have reached the age of 25 is extended by the length of civil or military service.
- If the child has studied and received child benefit during community service, this has no effect on the child benefit extension as a whole.
The prerequisites for receiving child benefit during civilian service existed because the child was in training.
What was the judgment about??
The plaintiff’s son initially graduated from high school and then did a new monthly community service.
- In addition to community service, the child attended the university in the mathematics department for over six months in the winter semester. The applicant’s son began studying physics in October.
- In April 2010, the son turned 25. During his studies and community service, he received child benefit until April 2010.
- From May 2010, no more child benefits were paid by the family fund because the age limit of 25 years had already been exceeded, although the studies would still last until October 2010.
- The lawsuit was only partially successful. The tax court wanted to accept the child benefit extension for three months but cut the child benefit by six months of study while doing community service.
- Only after the plaintiff’s revision was the judgment reversed.
- Child benefit is usually only paid until the age of 25. In addition, the prerequisites for receiving child benefit are only available if they have done statutory military service or community service.
- In such cases, child benefit is postponed by the duration of the community service.
- It was therefore irrelevant that the child had completed a degree in addition to the civil service.
- The purpose of the child benefit extension was actually only to compensate for the delay in training by performing community service.
This judgment shows once again that sometimes an appeal can be successful.
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