A number of non-EU foreigners have wrongly not received child benefit in Germany for years. The Federal Constitutional Court subsequently declared a provision that was in force from 2006 to 2020 to be unconstitutional and void.
A number of non-EU foreigners have wrongly not received child benefit in Germany for years. The Federal Constitutional Court subsequently declared a provision that was in force from 2006 to 2020 to be unconstitutional and void. This was announced on Wednesday in Karlsruhe. (Az. 2 BvL 9/14 and others)
According to this, people who lived here for reasons of international law, humanitarian or political reasons were only entitled to child benefit after a stay of at least three years. In addition, the entitlement was dependent on integration into the labor market – and this point was not justified according to the judges’ decision. In 2012 you had already overturned an identically worded regulation on child-raising and later parental allowance. In 2020, the legislature then changed the regulation on child benefit. The Karlsruhe proceedings had been pending since 2014. At that time, the Lower Saxony Finance Court initiated the review.
The ECJ ruled on Monday that Germany should not generally exclude parents from other EU countries from receiving child benefit during the first three months of their stay. Previously, EU citizens had to provide proof of employment during the first three months of their stay in Germany in order to receive child benefit. The ECJ has now decided that it is sufficient for the right to child benefit that EU foreigners want to settle here permanently.
