Definition and Basics of the Family Allowance
Der Family Allowance is an additional benefit to the basic salary, which is primarily granted in the public sector in Germany. The benefit is intended to take into account the increased cost of living arising from having a family status or maintenance obligations towards children. The legal foundations, entitlement requirements, as well as the type and scope of the family allowance are regulated in detail in civil service law, military service law, and collective bargaining law for the public sector.
Legal Basis of the Family Allowance
Civil Service Law Regulations
Within the scope of civil service law, the family allowance is mainly governed by the Federal Civil Service Remuneration Act (BBesG) as well as the respective state remuneration laws. The family allowance is part of the remuneration (§ 39 ff. BBesG), which is paid in fixed levels.
Structure of the BBesG
The Federal Civil Service Remuneration Act distinguishes between various components of the family allowance. In doing so, it differentiates between
- Allowance for married persons or those in a registered civil partnership and
- Allowance for children,
each of which is designated as a level (§ 40 BBesG). What matters is the ongoing fulfillment of the requirements; changes in life circumstances must be reported promptly.
Military Service Law Regulations
Soldiers also receive the family allowance on the basis of the BBesG, analogous to civil service law. The amount and eligibility are determined by the same legal regulations.
Collective Bargaining Law Regulations in the Public Sector
For employees in the public sector, especially under the Collective Agreement for the Public Sector (TVöD) and the Collective Agreement of the Länder (TV-L), the family allowance was designed as a social allowance. The regulations do not fully match those under civil service law; however, many provisions are modeled on the federal or state regulations on remuneration.
Entitlement Requirements
Family Status
There is in principle an entitlement to the family allowance for employees and civil servants who are married or in a registered civil partnership. An engagement or a non-marital partnership alone does not confer entitlement. An exception applies if there is a child for whom a claim exists regardless of family status.
Child Benefit Eligibility
The family allowance includes child-related components. A person is entitled if they receive child benefit or a comparable benefit for a child. This includes biological, adopted, and foster children and, in certain cases, stepchildren, provided they live in the household.
Multiple Claims
As a rule, the family allowance is paid per child to only one entitled person, unless both parents are employed in the public sector. In these cases, under the so-called ‘right of choice,’ a decision must be made as to which parent receives the family allowance for the child.
Amount and Grading of the Family Allowance
Levels of the Family Allowance
The family allowance is divided into levels:
- Level 1: for married/partnered persons without children,
- Level 2: for the first eligible child,
- Level 3 et seq.: for each additional child, the supplementary allowance increases according to the BBesG.
The exact amounts are set out in the Federal Civil Service Remuneration Act as well as in annexes and remuneration tables and are regularly adjusted.
Special Cases
Certain groups of people, such as single parents, persons with foster children or individuals whose (ex-)partners live abroad, must provide special proof of eligibility. Special provisions also apply, for example, in cases of dual households or temporary separation.
Duration and Termination of Entitlement
Start and End of Payment
The entitlement to the family allowance begins at the moment the entitlement requirements are fulfilled and ends when they cease to exist. Events such as divorce, the death of a child, or the termination of child benefit must be reported to the employer without delay.
Reclaiming Benefits Paid in Error
If the family allowance continues to be paid after the entitlement requirements cease to exist, it must be repaid in accordance with § 12 (2) BBesG. The respective employers ensure this through regular reviews.
Change and Interactions with Other Benefits
The family allowance may affect other benefits, such as allowances, accommodation subsidies, or special payments under social law. There are no direct tax implications, as this is considered a substitute or supplementary benefit to remuneration.
Special Provisions for Separation and Divorce
For spouses living permanently separated, the part of the family allowance related to marital status no longer applies. The child-related component remains if child benefit continues to be received.
Reforms and Current Developments
Reform Initiatives
At regular intervals, remuneration and the family allowance are subject to political discussion, particularly in regard to adapting to the living realities of modern family forms (key words: patchwork families, same-sex partnerships) and in connection with harmonization with collective bargaining rules.
Case Law
The courts, in particular the Federal Administrative Court and the Federal Constitutional Court, have further clarified the eligibility requirements and calculation of the family allowance in numerous individual cases. In particular, discrimination issues and the principle of equal treatment are a central focus.
Sources and Further Reading
- Federal Civil Service Remuneration Act (BBesG)
- State Remuneration Acts
- Collective Agreement for the Public Sector (TVöD)
- Collective Agreement of the Länder (TV-L)
- Federal Administrative Court, relevant rulings
- Federal Ministry of the Interior: Official Explanations on Remuneration and Pensions
Note: The exact amounts of the family allowance as well as detailed transitional arrangements and exceptions may change due to future legislative amendments and collective bargaining negotiations. The current legal situation must therefore always be taken into account.
Frequently Asked Questions
Who is entitled to the family allowance and which groups of people are covered?
Entitlement to the family allowance is essentially regulated in the German federal civil service law, especially in the Federal Civil Service Remuneration Act (BBesG), and applies to civil servants, soldiers, and judges in the public service of the federal government and the Länder, insofar as they have adopted the relevant regulations. In principle, all married employees and those living in registered civil partnerships are entitled, as well as those who have a claim to child benefit or child-related remuneration under § 32 of the German Income Tax Act (EStG) for at least one child. Furthermore, there may be entitlement if the care of a child for whom child benefit is paid takes place permanently in the household of the entitled person, even if the child is not the biological or adopted child but, for example, a stepchild or foster child. However, unmarried, childless civil servants as well as those for whom the child does not permanently live in the household or for whom there is no entitlement to child benefit are not entitled.
How is the amount of the family allowance calculated and what factors affect it?
The amount of the family allowance is determined by family status (married, registered civil partnership, widowed, single parent) and the number of eligible children. The family allowance consists of a basic amount and, where applicable, one or more child-related supplements. The basic amount is paid to married persons and persons in a registered civil partnership. For the first and each additional eligible child, the allowance is increased by a fixed amount. If more than one child is taken into account, the amount of paid family allowance increases accordingly. The specific amounts are set annually and may change due to changes in law. In addition, there are special provisions, for example, for single civil servants with child(ren), for whom the basic amount is granted in full.
Which legal evidence is required for receiving the family allowance?
Various legal documents are required for receiving the family allowance. As a rule, family status must be documented by a marriage certificate, civil partnership certificate, or, if applicable, a death certificate (in the event of the death of a spouse or civil partner). In the case of children being considered, the receipt of child benefit must typically be proven in accordance with the provisions of the Income Tax Act; for this purpose, the child benefit statement is generally to be submitted. For stepchildren or foster children, additional documentation is required, such as evidence of residence in the household and, if applicable, foster care arrangements or custody decisions. Changes in family status or in the receipt of child benefit must be reported immediately and without request, as these have a direct impact on the entitlement and amount of the allowance.
What happens in the event of separation, divorce, or if children no longer live in the household?
If the family status changes, for example through separation, divorce, dissolution of a civil partnership, or loss of entitlement to child benefit (e.g., because the child exceeds the age limit or no longer lives in the household), the relevant part of the family allowance ceases at the end of the month in which the conditions were last met. In particular, in the event of separation or divorce, it should be noted that the family allowance for spouses/partners ends and, if the child mainly remains with one parent, only that parent receives the child-related supplement. In the case of dual eligibility (for example, if both parents are civil servants), the payment of the child-related supplement is governed by the so-called ‘priority rule’: the person who receives the child benefit is initially entitled. Any changes in personal or child-related circumstances must be reported immediately, otherwise there is a risk of recovery of benefits paid in error.
Is there an entitlement to the family allowance during leave or parental leave?
The basic entitlement to the family allowance may be structured differently during periods of leave or parental leave. During parental leave under the German Parental Allowance and Parental Leave Act (BEEG), entitlement to the family allowance generally continues, provided that child benefit continues to be received and the employment relationship is suspended without remuneration. During unpaid leave, the entitlement to remuneration components, including the family allowance, generally lapses unless the relevant regulations provide exceptions for specific cases (such as care or parental leave). In any case, the specific state law provisions and the particular type of leave in question are decisive, so that a legal review may be necessary in individual cases.
Can repayments arise in connection with the family allowance and what are the possible legal consequences?
Repayments in connection with the family allowance regularly arise when the entitlement requirements are retrospectively lost or incorrect information is provided, for example, because child benefit payments end without this being reported to the salary office, or when family status changes (separation, divorce, death, etc.). Recovery of overpaid amounts is carried out in accordance with the applicable administrative regulations and the provisions of the Federal Civil Service Remuneration Act, where applicable plus default interest. Furthermore, disciplinary or employment law consequences may result in the case of deliberate or grossly negligent misrepresentation, particularly in the case of violations of civil service duties (§ 40 Civil Servant Status Act).
Are there differences in the family allowance between federal and state civil servants?
Yes, there are differences between federal and state civil servants, as remuneration law is in part regulated by separate legislation at the state level. The Federal Civil Service Remuneration Act (BBesG) applies directly to federal civil servants, while a number of states have enacted their own remuneration laws, where certain areas of regulation—including the family allowance—may be structured differently. Differences may arise, for example, in the amount of the payments, in special provisions for single parents, or in childcare arrangements. Therefore, the relevant legal framework—i.e., federal law or the respective state law—is always decisive. For precise determination of entitlements, it is recommended to consult the specifically applicable legal provisions.
