Concept and Legal Basis of Maintenance Allowance
Der Maintenance Allowance is a term established in German law that can refer to various forms of financial support. Essentially, these are benefits provided to partially fulfill or additionally secure an existing maintenance obligation. Maintenance allowance is particularly applied under certain social and public law provisions, including civil servant law and specific state benefits, when the financial means of the primary obligor are insufficient.
Definition and General Scope
Definition of Terms
A maintenance allowance is an additional financial benefit granted when the person primarily obliged to provide maintenance (e.g., parent, spouse) is unable to pay the legally required amount in full. The allowance is intended to ensure the subsistence of the person entitled to maintenance and is often provided by public agencies.
Distinction from Other Maintenance Benefits
The maintenance allowance differs from classic maintenance payments (such as child, parental, or spousal maintenance), as it is not a direct private law payment by an obligated person. Rather, it is generally granted as a supplementary state benefit when there is a material gap.
Legal Basis
Social Law Provisions
Advance Maintenance Payments under the Maintenance Advance Act (UVG)
An important form of maintenance allowance is the advance maintenance payment under the Maintenance Advance Act (UVG). This is paid by youth welfare offices to single parents when the parent obliged to pay cash support makes no or only irregular payments. In these cases, the state makes the upfront payment and also checks for possible recourse against the obligated parent.
Eligibility Requirements
- Child lives with a single parent
- The child is under 18 years of age
- No, insufficient, or irregular child support provided by the other parent
Amount of the Maintenance Allowance
The benefit is based on the minimum maintenance amount and takes into account any maintenance payments already made. The exact amount is regularly adjusted and is lower if part of the minimum maintenance is provided.
Civil Service and Pension Law Maintenance Allowance
Maintenance Allowance under Civil Service Law
According to civil service regulations (§ 52 BBG, § 38 BeamtVG), a maintenance allowance is provided when dismissed civil servants or survivors do not receive sufficient benefits and have no other claims to benefits or pensions for other reasons. In this context, the maintenance allowance constitutes state assistance in cases of particular economic hardship.
Requirements and Scope
- Termination of civil service with entitlement to maintenance allowance
- Proof of particular financial need
- The allowance is regularly time-limited and does not provide permanent support
Application and Approval Process
Application
A maintenance allowance must be applied for at the responsible authority (e.g., youth welfare office, pension office). Various evidences must be attached to the application to document the neediness and the absence or inadequacy of maintenance payments.
Review and Approval Process
The authority examines the eligibility requirements, particularly the degree of need, previous maintenance payments, and the applicant’s living situation. If the review is positive, the benefit is approved.
Reimbursement and Recovery
In many cases, especially with advance maintenance payments under the UVG, the state may reclaim amounts paid from the obligated parent. The obligation to provide maintenance remains despite the state benefit paid, so the allowance should be primarily understood as an advance and not as final support.
Combination and Relationship with Other Benefits
Distinction from Social Benefits and Unemployment Benefit II
The maintenance allowance is generally considered as income when calculating other social benefits and may reduce or exclude entitlement to additional social or basic security benefits.
Interactions with Maintenance Claims
Received maintenance allowances can result in maintenance claims against the primary obligor being transferred to the state (legal subrogation). This especially concerns claims for which the state has provided advance payment.
Termination of Entitlement and Special Cases
Loss of Eligibility Conditions
The entitlement to a maintenance allowance ceases as soon as the eligibility requirements no longer exist, for example, due to provision of maintenance by the primary obligor, the child reaching adulthood, or a change in financial circumstances.
Special Cases in Transitional Law
If maintenance allowance regulations change—such as by amendments to the UVG—transitional provisions apply that govern the transfer of entitlements and further procedure.
Conclusion
The maintenance allowance is an important legal institution to secure and supplement the livelihood of persons entitled to maintenance. It plays a significant role in German law, particularly in protecting minor children and economically needy persons in civil service and social law. Eligibility requirements, procedures, and interactions with other benefits are complex and require thorough examination and documentation. The maintenance allowance thus serves as an essential instrument to mitigate the financial risks associated with statutory maintenance obligations.
Frequently Asked Questions
What requirements must be met to apply for a maintenance allowance?
To apply for a maintenance allowance, various legal requirements must be met. First, the applicant is obliged to prove their neediness. This means that their own income and assets must not exceed certain exemption limits. Depending on special regulations—for example, for students or trainees—these limits may be higher. The applicant’s legal status also plays a role: the applicant must generally be someone who, in principle, is entitled to maintenance from a third party (such as a former partner or parent), but is not receiving it in full or at all. Furthermore, the applicant must have taken all reasonable steps to claim the legal maintenance. Only when this is not paid or only partially paid does the maintenance allowance as a state benefit take effect. In addition, deadlines must be observed, as the maintenance allowance is generally granted not retroactively but from the month of application.
How is the legal neediness assessed for maintenance allowance?
The needs assessment is based on a detailed review of income and assets. All monthly income of the applicant is taken into account, including income from employment or self-employment, wage replacement benefits such as unemployment or sickness benefits, as well as various state transfer payments. Maintenance payments from third parties and child benefit are also considered income. Recognized deductible amounts, such as work-related expenses, child care costs, and insurance contributions, are deducted from gross income. The remaining net income is compared with the determined standard needs. The applicant’s assets are also relevant, but statutory exemptions—such as a reasonable retirement provision or a reasonable car—remain untouched. Assets above these thresholds must first be used to cover living expenses. Actual neediness is then officially determined by the competent authority (usually the youth welfare or social welfare office).
Within which deadlines must maintenance allowances be applied for?
Under current law, the maintenance allowance is generally available starting from the month of application. This means that claims cannot be asserted retroactively, but are granted at the earliest from the first day of the month in which the application is submitted. This makes it necessary for those affected to apply as soon as the need becomes apparent and the legal requirements are fulfilled. In special cases—for example, when a delay is beyond the applicant’s control—there may be exceptions, but these are very narrowly defined by law and are handled restrictively. The duration and period of entitlement to the maintenance allowance are also limited, depending on the relevant statutory provisions, for example, until the child reaches adulthood or completes supported education.
What legal obligations exist in connection with the maintenance allowance?
Recipients of a maintenance allowance are legally required to immediately notify the responsible authority of any changes to their personal and financial circumstances that are relevant to eligibility. This especially includes new or changed income, a change of employer, marriage, birth of additional children, change of residence status, or a change of address. Failure to comply with notification obligations can have serious legal consequences, such as repayment of unjustly received benefits or administrative penalties. Additionally, the applicant must diligently assert any primary claims (e.g., to maintenance or other social benefits) and demonstrate that these—e.g., by lawyer’s reminder letter or enforcement order—were unsuccessful.
In what amount is the maintenance allowance legally granted?
The amount of the maintenance allowance is primarily determined by the difference between the statutory maintenance requirement and the actual maintenance paid and the beneficiary’s own income. The legal basis for determining maintenance requirements includes, for example, standard amounts based on the Düsseldorf Table, or specific needs rates according to the Civil Code (BGB) or Social Code (SGB). Additional relevant income and benefits are offset, so that the maintenance allowance is always paid as a secondary benefit. There is also a statutory maximum amount for the allowance that may not be exceeded. The calculation method and crediting of political income as well as any allowances to be taken into account are checked and applied by the responsible authority in each individual case.
Are there any statutory reasons for exclusion from the maintenance allowance?
Yes, various legal reasons can result in a claim to maintenance allowance being excluded. These include, for example, exceeding income or asset limits, receipt of other primary benefits (such as social benefit, citizen’s benefit, or certain educational grants), the absence of a statutory maintenance obligation, or a lack of willingness to earn a reasonable income (keyword: duty to cooperate). Exclusion can also occur if the applicant has deliberately or grossly negligently failed to assert their maintenance claim against the obligor. Furthermore, a maintenance allowance is regularly excluded if the applicant has culpably caused their own hardship or unlawful acts are involved (e.g., fraud or withholding relevant information).
What legal options for objection and action exist if a maintenance allowance is denied?
If the application for maintenance allowance is refused or the amount granted is considered too low, the applicant has the right to challenge the decision within the statutory time limits by filing an objection. The objection must generally be lodged in writing with the competent authority within one month of notification of the decision and should include a justification and supporting documents. If the objection is also unsuccessful, the applicant may bring an action before the competent social court. Legal proceedings are governed by the provisions of the Social Court Act (SGG) and are generally free of charge for the claimant at first instance. During the proceedings, the court may gather extensive evidence and appoint experts before making a decision.
