Kindergeld and social benefits

Kindergeld for EU citizens, interaction with Polish 800+, Grundsicherungsgeld exclusions in general terms.

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.