11 posts in this topic

Hi,

We have been in reciept of a 'partial' kindergeld payment since last year. The reasons I've been given (from what I understand) are 1) because I am in reciept of child maintenance from the children's Father in England 2) that their Father can claim Child Benefit in the UK. I've been told by some local friends that this is incorrect and they should be paying the full amount. I've tried to communicate with kindergeld several times with recorded delivery letters and phone calls but I just get fed a line of rubbish like they'll write to me within ** days, or someone who is dealing with it is on holiday or no reply at all. The last letter they sent went to my steuerberater but no copy to me. I'm really fed up and struggling with money. So do I go down the legal route now or are they correct in what they have said? Does anyone know of English speaking legal help (that's not really expensive becsuse I just can't afford it) or have any other help?

 

Thanks,

Debs

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30 minutes ago, Deutschland Debs said:

Hi,

We have been in reciept of a 'partial' kindergeld payment since last year. ... So do I go down the legal route now or are they correct in what they have said?

 

This is probably the continuation of this, in a new thread: 

 

On 5.6.2018, 19:56:02, Deutschland Debs said:

Update on kindergeld situation:

 

I recieved a 6-page document today.

1. They will not pay me the full child benefit because I should be recieving child benefit from the uk as part of agreement being in the EU. They will deduct approx. EUR 170 month from the total payable for 2 children because of this. Personally I think this is absolute bullshit and the complete opposite of what I was told by UK government. (...)

 

In general, it is true that the entitlement to child benefit in Germany may be reduced or may cease altogether if the child is entitled to benefits in another EU country that are comparable to child benefit. 

 

"Die anstelle des Kindergeldes bezogene Drittleistung muss dabei nicht demselben Berechtigten zustehen. Vielmehr kommt es darauf an, ob diese für dasselbe Kind gezahlt wird. Von ausländischen Staaten erbrachte Leistungen, die mit dem deutschen Kindergeld vergleichbar sind, lassen den Kindergeldanspruch grundsätzlich (Ausnahme siehe: Teilkindergeld) auch dann entfallen, wenn die Höhe der Leistungen geringer ist als die Höhe des Kindergeldanspruchs. (...)

 

Teilkindergeld

Sofern die Höhe der Kinderzulage bzw. des Kinderzuschusses geringer ist als die Höhe des Kindergeldes, kann der Differenzbetrag als sogenanntes Teilkindergeld bezogen werden.

Anspruch auf Teilkindergeld kann zudem in Fällen bestehen, in denen Familienleistungen von Staaten der Europäischen Union, des Europäischen Wirtschaftsraumes oder der Schweiz zu einem Ausschluss des Kindergeldanspruchs in Deutschland führen. Ist die Höhe dieser Leistung geringer als der Kindergeldanspruch, kann die Differenz als Teilkindergeld geleistet werden."

 

https://www.sozialleistungen.info/kindergeld/hoehe-und-berechnung/

 

Translation:


"The third-party benefit received instead of child benefit does not have to be due to the same beneficiary. Rather, it depends on whether it is paid for the same child. Benefits provided by foreign states, which are comparable to German child benefit, generally mean that the entitlement to child benefit (exception: partial child benefit) does not apply even if the amount of the benefits is lower than the amount of the child benefit claim. (...)

 

Partial child benefit


If the amount of the child allowance or the child subsidy is lower than the amount of the child benefit, the difference can be drawn as so-called partial child benefit.

 

Partial child benefit may also be claimed in cases in which family benefits from countries of the European Union, the European Economic Area or Switzerland lead to an exclusion of the child benefit claim in Germany. If the amount of this benefit is less than the child benefit entitlement, the difference may be paid as partial child benefit.".

 

Translated with www.DeepL.com/Translator

 

30 minutes ago, Deutschland Debs said:

Does anyone know of English speaking legal help (that's not really expensive becsuse I just can't afford it) or have any other help?

 

Please read https://www.toytowngermany.com/forum/topic/379255-how-to-get-legal-advice-or-representation-in-court-if-you-have-limited-means-or-a-low-income/

 

@2B_orNot2B took the trouble to write down the process step by step (thanks for that!). 

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Thanks for replying.

1. I am not entitled to ANY payment from the Uk government as a resident in Germany. I have checked many times. 

2. The child maintenance is from the childrens father, not the government. If you will, a private payment to contribute towards the costs of the childrens needs: food, housing, clothing etc. It is not connected to any government benefit or payment.

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1 hour ago, Deutschland Debs said:

Thanks for replying.

1. I am not entitled to ANY payment from the Uk government as a resident in Germany.

 

But the father of the children - as you were already told by the child benefit office, (you write it in your your first post): 

 

On 27.2.2019, 17:19:04, Deutschland Debs said:

Hi,

We have been in reciept of a 'partial' kindergeld payment since last year. The reasons I've been given (from what I understand) are 1) because I am in reciept of child maintenance from the children's Father in England 2) that their Father can claim Child Benefit in the UK.

 

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2 hours ago, Deutschland Debs said:

Thanks for replying.

1. I am not entitled to ANY payment from the Uk government as a resident in Germany. I have checked many times. 

2. The child maintenance is from the childrens father, not the government. If you will, a private payment to contribute towards the costs of the childrens needs: food, housing, clothing etc. It is not connected to any government benefit or payment.

But,  as both 2B and  sd  noted-  this is part of maintenance. Father is claiming in UK and then paying amount to you? Better check on what is covered in UK!

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8 minutes ago, RedMidge said:

But,  as both 2B and  sd  noted-  this is part of maintenance. Father is claiming in UK and then paying amount to you? Better check on what is covered in UK!

Their Father is not claiming any money from the government in the uk on behalf of the children. He never has, and couldn't even if he wanted to. The money he sends monthly is from his own income. He earns a good wage and has never needed to claim anything. 

 

So is it that if parents earn a good wage then they're not entitled to the same amount as a poorer family? That's what it sounds like you are saying?

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Could the father not claim the amount from the UK and then forward that to you in addition to the amount he already pays?  (I don't know, just asking).

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5 minutes ago, dj_jay_smith said:

Could the father not claim the amount from the UK and then forward that to you in addition to the amount he already pays?  (I don't know, just asking).

No, he's not permitted to claim anything because I have primary residence status and because the children are German residents. They only spend 3-4 weeks a year in uk.

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1 hour ago, someonesdaughter said:

 

But the father of the children - as you were already told by the child benefit office, (you write it in your your first post): 

 

 

Child maintenance is not child benefit. 

Child benefit (UK) is kindergeld (Germany) 

 

Maintenance is a private amount a Father or Mother pays to the other parent for being the primary residential carer of their children when the parents are divorced or seperated. It is usually paid monthly and is calculated based on their income. It is not connected to any government payment or benefit.

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4 minutes ago, Deutschland Debs said:

Child maintenance is not child benefit. 

Child benefit (UK) is kindergeld (Germany) 

 

You don't have to explain that to me. But there is obviously no point in explaining anytthing to you either. 

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