Kindergeld and social benefits
Kindergeld
- An EU citizen who takes up residence in Germany has no claim to Kindergeld for the first three months, unless he or she proves domestic income from employment, self-employment or similar (§ 62 (1a) EStG). After that the claim exists unless the conditions of § 2 (2) or (3) FreizügG/EU are not met, or only job search under § 2 (2) no. 1a is met without earlier other status. The CJEU held this exclusion incompatible with EU law (C-411/20, 1 Aug 2022); a refusal on this ground alone can be challenged.
- The claimant needs a tax ID (§ 62 (1) sentence 2). Apply at the Familienkasse.
Polish 800+ and German Kindergeld
If both countries' family benefits are in play, Article 68 of Regulation 883/2004 sets priority rules (country of employment, country of the child's residence) and where the other country's benefit is higher, a difference amount may be paid. Under Article 68 (2) the state with secondary priority pays the difference; case law on the predecessor 500+ points the same way. No Familienkasse instruction on 800+ was found; ask the Familienkasse and the Polish authorities.
Grundsicherungsgeld (basic income support for jobseekers, called Bürgergeld until mid-2026): general information
The exclusions for foreign nationals are in § 7 (1) sentence 2 SGB II, in summary (renaming: Federal Government):
- Not in work and without status under § 2 (3) FreizügG/EU: no benefits for the first three months of residence.
- Right of residence only for job search (or for seeking a training/study place), or none: excluded (§ 7 (1) sentence 2 no. 2).
- Five-year rule: after five years of habitual residence (counted from registration) benefits can be claimed, unless loss of the right of residence was found. See § 7 (1) sentences 4 and 5.
- Employees and self-employed are not excluded, and can claim top-up benefits if income is too low. Retention of worker status after job loss under § 2 (3) FreizügG/EU also matters: Your rights.
- Transitional help ("Überbrückungsleistungen") for the way home may be available in limited cases. Conditions not detailed.
This is general information, not an assessment of your case. An application can lead to a check of your right of residence; for Kindergeld, § 62 (1a) sentences 5 and 6 EStG provides for notifying the immigration office. Get advice first from Faire Mobilität or a social-law advice centre.
A question this page does not answer? Contact us. Free orientation only, no legal advice for individual cases.