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Too strict regulations: Child benefit regulation for foreigners was unconstitutional


Anyone who came from outside the EU and sought protection in Germany did not receive child benefit for years - wrongly so, the judges of the Federal Constitutional Court have now ruled. The state therefore made too high demands.

Enlarge image

Parents with a baby: Foreigners were disadvantaged by the state

Photo: Friso Gentsch / picture alliance / dpa

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 is announced by the court in Karlsruhe.


File number: 2 BvL 9/14 and others


According to the provision, 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, the judges of the Federal Constitutional Court 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.


Source: spiegel

All business articles on 2022-08-03

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