Who receives Elterngeld?
The law names four conditions that must be met together:
- residence or habitual abode in Germany;
- living in one household with the child;
- caring for and bringing up the child yourself;
- not being in gainful employment, or not in full gainful employment.
Not in full gainful employment means: at most 32 hours a week on average over the month of the child's life (§ 1 Abs. 6 BEEG).
It is an average, not a weekly limit. A week with more hours does no harm as long as the monthly average is right.
Also not in full employment is anyone employed for vocational training or working as a suitable childminder (Kindertagespflegeperson).
There is also an income limit.
If taxable income exceeds 175.000 €, the entitlement lapses (§ 1 Abs. 8 BEEG). This means taxable income within the meaning of § 2 Abs. 5 EStG, not gross income. What counts is the last completed tax year before the birth.
Whether one of these conditions is met is decided by the Elterngeldstelle, not by us.
Mothers and fathers
The requirements are the same for mothers and fathers. Each parent who meets them has their own entitlement.
For multiple births there is one entitlement, not one per child (§ 1 Abs. 1 Satz 2 BEEG).
For a couple the same limit applies, based on the sum of both incomes. A higher amount for couples no longer exists since April 2024.
Adoption, a spouse's child, paternity
Elterngeld can also be received by anyone who (§ 1 Abs. 3 Satz 1 BEEG):
- has taken in a child with a view to adoption;
- has taken a child of their spouse into their household;
- has acknowledged paternity but the acknowledgement is not yet effective, or has applied for paternity to be established and no decision has been made yet.
For adoption and pre-adoption care, the day the child was taken in counts instead of the birth (§ 1 Abs. 3 Satz 1 Nr. 1 und Satz 2 BEEG).
If the parents cannot care for the child
If the parents cannot care for their child because of serious illness, severe disability or death, relatives up to the third degree and their spouses can receive Elterngeld (§ 1 Abs. 4 BEEG).
Relatives up to the third degree are, for example, grandparents, great-grandparents, siblings, uncles and aunts (§ 1589 Abs. 1 Satz 3 BGB).
They must also meet the other requirements, and no other entitled person may claim Elterngeld.
If care starts later or is interrupted
The entitlement remains if care cannot start immediately or has to be interrupted for an important reason (§ 1 Abs. 5 BEEG).
Residence abroad
Without residence in Germany, Elterngeld is only available in exceptional cases, for example when posted abroad while German social insurance law continues to apply (§ 1 Abs. 2 BEEG). This also applies to the spouse living in the same household as this person.
Without a German passport
Anyone with the right of free movement, for example with the nationality of an EU country, does not need a special residence permit.
Everyone else needs certain residence documents (§ 1 Abs. 7 BEEG), for example:
- a settlement permit (Niederlassungserlaubnis) or an EU long-term residence permit (Erlaubnis zum Daueraufenthalt-EU);
- an EU Blue Card (Blaue Karte EU);
- a residence permit that entitles or allows the holder to work for at least 6 months.
Certain residence permits are excluded, for example for training, as an Au-pair, for seasonal work or for looking for work. For others, for example for studying, additional conditions apply.
Certain residence permits granted on humanitarian grounds come with their own conditions, such as employment in Germany.