Entitlement to parental benefit for germans abroad

German parents claim abroad

Basically have parents, the the have German citizenship and live in Germany, are entitled to parental benefit. However, there are exceptions and regulations for employees working abroad (cross-border commuters or posted workers) and foreign parents can also be entitled to parental benefit.

Parental benefit entitlement abroad

If the parents of a child live and work abroad, they can also be entitled to parental benefits under certain conditions. The beneficiaries include:

Employees of German companies who are temporarily and temporarily employed abroad as part of their employment relationship.
Self-employed persons who are temporarily abroad.
Development workers according to §1 development workers law.
Missionaries of the missions and societies, members or agreement partners of the Evangelische Missionswerk Hamburg, the Arbeitsgemeinschaft Evangelikaler Missionen e.V., the German Catholic Mission Council or the Pentecostal-charismatic missions.
German citizens who are temporarily employed by an intergovernmental or supranational institution.
Officials who temporarily work abroad in accordance with Section 123a of the Civil Service Framework Act.

Parental allowance for cross-border commuters and foreigners

Anyone who works in Germany and lives in another EU country or in Switzerland is also entitled to parental benefit. The country of employment principle applies here for one Person is subject to the social security regulations of the country in which they work.

After all, employment in Germany that is subject to social insurance entitles you to receive parental allowance in any case. It does not matter for the parental allowance whether the place of residence is permanently relocated abroad, but the employer is located in Germany, or whether the place of residence is only temporary (temporary transfer to foreign parts of the company). In the latter case, however, German social security law must still apply. Similar regulations apply to parental allowance for civil servants and civil servants (members of German embassies) seconded abroad or development workers from international organizations.

In return, parents who live in Germany but work in the EU are also entitled to the benefits of the social benefits there. If the social benefits in the country of employment are lower than in Germany, the parental allowance office will check in individual cases whether a difference can be approved. (BVerfG judgment of June 8, 2004, 2 BvL 5/00). For example, the family allowance in France is a maximum of only EUR 572 – the maximum amount is thus far less than in Germany. Here it would be helpful to approve the difference. In Sweden, on the other hand, parental allowance is far higher higher than in Germany, it is 80% of income. In this case, no difference has to be approved.

Situation with two employed parents in other EU countries

If both parents live in Germany and work in other EU countries, the country of employment principle would apply according to EU law. On May 20, 2008, however, the German court ruled on the entitlement to family benefits for cross-border commuters. In the judgment (case number C352 / 06), the Court noted that social benefits can be allocated to the country of employment under EU law, but there is nothing to prevent family benefits from being received in the country of residence (Germany). Since then, parents can choose whether to apply for parental allowance in the country of employment or in the country of residence.

Parental allowance for families with a parent who is employed abroad

Families with only one frontier worker, i.e. if only one parent works in the EU or Switzerland and the other parent is employed in Germany, can also receive parental allowance in Germany. The child’s entitlement in the country of residence is paramount here. Parents are not excluded from this fact even if they are not employed, but rather self-employed.