Child benefit must be applied for in writing from the responsible family fund.
(Photo: Maurizio Gambarini / dpa)
You don’t have to live in Germany or be German to receive child benefit. A court has to decide whether children living in Turkey also justify such a claim.
At the child benefit is a social benefit from the state. This is intended to provide parents with financial support and help them raise their children. This also applies to foreigners living in Germany, provided they have the appropriate settlement permit or other residence permit. Citizens of the EU countries and the European Economic Area and also equivalent countries are entitled to child benefit even without this evidence. In principle, support can also be obtained if the offspring do not live in Germany at all. Because the child benefit is a tax relief for the expenses that the parents incur through the children.
no claim On the other hand, German nationals with Turkish descent have child benefit if the children live in Turkey in the long term. The Schleswig-Holstein Finance Court has decided this (file number: 4 K 138).
In the case being negotiated, the later plaintiff received disability pension and was subject to unlimited tax liability in Germany. He received the appropriate benefits from the family fund for his three children. In 2016, the man said in various letters that he or his children would emigrate to Turkey. However, he himself stayed in Germany. In the subsequent correspondence with the family fund, however, it could no longer be ascertained that the children were still resident or habitually resident in Germany. whereupon the family fund stopped the payments.
The man defended himself with a lawsuit. But without success. Because according to the court, it was not sufficiently proven that the children had a residence or habitual residence in one of the states named in Section 63 of the Income Tax Act (EStG) during the period in dispute. Accordingly, child benefit can generally only be claimed for children who are resident or habitually resident in Germany, in an EU member state or an EEA state (Iceland, Liechtenstein and Norway). However, Turkey is not one of these countries.
Currently parents receive € 192 for the first and second child, € 198 for the third child and € 223 for each additional child.
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