Even if so that no large jumps are possible: Many families depend on the children’s money. Just Hartz-IV-recipients with children need to have the state grant urgently for food and clothing.
slipped the case In the children’s money
For all: With 18 years of age. Years of age, at the latest, at the age of 25. The age of the end. Up to the age of 25. The age of the child is paid only if the child is in training. The child cancels the training, you need to inform the parents, the responsible family Fund. Then the power can be adjusted with immediate effect.
A Hartz-IV-mother suffered for her son between September 2014 and July 2015, more children money, even though they had no claim. Now you have to pay 2209 euros. The Federal Finance court (BFH) ruled. How did it come about?
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son went to jail
The mother was living with her son and four other children in the community. The son was Born in 1995 and started in August 2013, a training. Only a few months later, in July 2014, he came because of an arrest warrant in custody. Ten months later, the son was sentenced to a term of imprisonment.
Neither the mother nor the job centre informed the responsible family benefits office about the detention of the son. Although he had to cancel his training, received the mother on the children’s money in the amount of EUR 184 per month (this is the rate that was paid up to 2015).
the whole of The children’s money was on the social services referred to in Clause 11 of the social code II (SGB II). This money is called the family Fund. Then, the mother complained. The case ended up before the Federal Finance court (BFH).
The prison sentence of the son is an example. The law also applies to other cases. Parents, whose children ended up in front of the full 25. Years of age a training or to cancel, complete no longer entitled to child benefit.
Bundesfinanzhof was of the Hartz IV-recipient of right
This gave the mother a claim to the remission of recovery of amount. The reason: “Because of the inclusion of child benefits to the social benefits, the discretion of the family had reduced the Fund to Zero.”
The family wanted to sit up and went into Revision with success. The BFH finally gave the family Fund law: “The tax court was wrong, that the recovery of the children should be taken money back claim is objectively unreasonable, and a decree is mandatory.”
It is at the discretion of the authority, of the mother to adopt the recovery amount. In addition, the Federal fiscal court takes the mother’s in the duty: “It was up to the applicant to provide the family Fund information for the children of money, the fixing of meaning.” The Section 68 paragraph 1 of the income tax act (EStG).
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