Hartz iv and child benefit

(01.10.2019) If children live with the parents in a Hartz IV community, the parents (at least in the case of minors without further requirements) are entitled to child benefit. Child benefit is a public benefit from the family fund for the legal guardians, which is paid for each eligible child. The next child benefit increase will take place in January 2020.

Child benefit is counted towards Hartz IV

It may sound strange and unfair that child benefit is counted towards social benefits from those in need of help, but it is so. This was also decided by the Federal Constitutional Court on March 11, 2010 (Az. 1 BvR 3163/09). A family had lodged a constitutional complaint and failed before the highest German court.

The constitutional judges have ruled that the full deduction of child benefit as income on Hartz IV benefits (in this case social benefits) does not violate fundamental rights.

The court considers that too the subsistence minimum was secured despite full deduction of child benefit on Hartz IV be. "The Basic Law does not require social benefits that take care and training needs into account to the same extent as tax law“, It says in the reasoning of the judgment.

Unjust credit

Beneficiaries rightly feel that this crediting is unfair and unfair. Especially since children in Hartz IV families are proven to be worse off than children who are not affected. Child poverty is a very present term in Germany and should not be underestimated.

With the 2011 reform for Hartz IV recipients, parental allowance was also canceled, as it is now fully counted towards the benefits.

Instead of adapting services for children or exempting child benefit from being credited, the Ministry of Social Affairs is playing around with alternatives. For this, a complicated procedure was introduced in 2011 Life called, which is called educational package. However, many parents do not know that they are entitled to benefits at all or fail because of the application.

Child benefit is income

If child allowance is taken into account as income, this reduces the standard rate / social allowance for children (Section 11 (1) SGB II). However, the prerequisite is that the child and the entitled parents are in a community of needs lives.

If the child is of legal age, the child benefit is counted as income of the parent or parent, provided that the children still live in the same household.

Deduction of 30 euros insurance fee

When deducting child benefit for children of legal age, this is reduced by an insurance flat rate of 30 euros. The same applies to child benefit for minors who not with live in a community of need for an adult in need of help or minors who can be shown to have taken out insurance (Section 11b SGB II in conjunction with Section 6 ALG II-V).

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