Wrongly not receiving child benefit

A number of refugees were wrongly denied child benefit between 2006 and 2020. This was decided by the Federal Constitutional Court on 3 August. The highest German court declared unconstitutional a regulation according to which families from non-EU countries only received child benefits if they worked, received unemployment benefit I or were on parental leave.
However, the judges left in place the rule that people who lived in Germany for international, humanitarian or political reasons could only apply for benefits after three years. However, the ruling will hardly have any financial impact: At present, only parents who had filed a complaint against the old regulation can expect additional payments. According to the court, decisions that are legally binding will not be changed. The Federal Government changed the child benefit guidelines in 2020. Currently, refugees who have been legally living in Germany for at least 15 months receive child benefit.
The legislature had justified the restrictions for refugees by saying that it only wanted to grant child benefits to parents who were likely to remain in Germany permanently. The constitutional judges now argued that in the case of refugees seeking protection in Germany for humanitarian reasons, it is not primarily their gainful employment that determines whether they live here permanently, but the situation in their home country.
Only two days earlier, the European Court of Justice had ruled more generous child benefit regulations for EU foreigners. Until now, they had not received child benefit in their first three months in Germany. This ruling was overturned by the highest European court. However, child benefit is only paid from the beginning if the parents can prove that they intend to stay in Germany permanently.
tun22080304
www.tuenews.de

Viele Kinder verbringen ihre Freizeit auf Spielplätzen. Foto: tünews INTERNATIONAL / Nora Stöber.

TÜNEWS INTERNATIONAL

Related posts

Contact Us

Magazine Html