Child benefit counted as income by the Jobcenter: when it is wrong — and what you can do

The Jobcenter has counted your child benefit (Kindergeld) as your income and cut your Bürgergeld? In many cases this is not correct. Under the law, child benefit is first and foremost the child's income — not yours. This guide shows you when the offsetting is right, when it is wrong, and how to push back.

The essentials in 30 seconds

  • Child benefit (Kindergeld) generally counts as income of the child, not of the parents (§ 11 Abs. 1 S. 5 SGB II).
  • Only if the child can cover its own need and something is left over may the surplus flow to the parents.
  • Common Jobcenter mistake: child benefit is offset flat against the parents, even though the child is in need itself.
  • For adult children in training, a special standard applies — this is where most calculation errors happen.
  • Current child benefit rate 2025: 255 € per child per month.
  • Objection deadline: one month from receipt of the decision.

We review your decision within 24 hours. Free and non-binding.

Why does this happen?

For many families, child benefit (Kindergeld) is the most important state benefit alongside Bürgergeld. And it is precisely at the interface between these two benefits that the Jobcenter regularly makes mistakes.

The background: § 11 SGB II (the central provision on income offsetting in Bürgergeld) says that, in principle, all monetary income is to be taken into account. But the legislator has built in a special rule for child benefit. Legally, child benefit is allocated to the child — even if it lands in the parents' account.

Example: Familie Yilmaz, two children (6 and 10 years old), both parents receive Bürgergeld. The Jobcenter offsets 510 € of child benefit (2 × 255 €) against the mother's need. Result: she gets 510 € less Bürgergeld. In this blanket form this is wrong. The child benefit must first go towards the children's need — and only what is left over goes to the parents.

Why does the Jobcenter still do this? Often out of carelessness, sometimes because of outdated software defaults, sometimes because the case worker has overlooked the special rule of § 11 Abs. 1 S. 5 SGB II. For you that means: do the math carefully.

Your rights in concrete terms

  1. Child benefit is the child's income (§ 11 Abs. 1 S. 5 SGB II). It is first offset against the child's individual need. The child's need is made up of the standard need (Regelbedarf) (depending on age, 357–471 € in 2025) and its per-capita share of the housing costs.

  2. Only the surplus flows to the parents. If the child benefit exceeds the child's uncovered need, the difference is taken into account as income within the household community (Bedarfsgemeinschaft, BG) (all persons in one household whose income is offset jointly).

  3. Insurance flat rate of 30 € per month. If the child has its own insurance, a flat rate of 30 € may be deducted from the child benefit (§ 6 Abs. 1 Nr. 2 Bürgergeld-V).

  4. Adult children are not automatically in the household community. Children aged 25 and over are never part of the BG. Children between 18 and 24 only if they live in the household and cannot cover their need from their own income (§ 7 Abs. 3 Nr. 4 SGB II).

  5. Right of objection within one month. The decision only becomes legally binding once this deadline has passed. Until then you can file an objection (Widerspruch) free of charge (§ 84 SGG).

  6. Access to your file. You may at any time request to inspect your benefits file and then see the concrete calculation (§ 25 SGB X).

Current case law

The Federal Social Court (BSG) has repeatedly clarified that child benefit (Kindergeld) is in principle the child's income and may not be schematically offset against the parents. The core message: as long as the child is itself in need, the child benefit stays where it is needed to cover that need — with the child.

There are also settled guidelines on offsetting in the case of adult children in training: if the adult child still lives in the household but receives BAföG or training pay, a different logic of income distribution applies. [URTEIL-REFERENZ]

In practice, the social courts follow these lines consistently. Anyone who relies on § 11 Abs. 1 S. 5 SGB II and presents their case cleanly has very good chances — according to the experience of many social counselling centres, objections in this area succeed at an above-average rate.

How to proceed now

  1. Look at the decision in detail. In the calculation sheet, find the line "income" for each family member. Does the child benefit appear under you as a parent instead of under the child? That is the first alarm signal.

  2. Calculate the child's need. Standard need by age (2025): 0–5 years 357 €, 6–13 years 390 €, 14–17 years 471 €, from 18 years 451 € (in BG). Plus per-capita share of rent plus heating. If the total is above 255 €, the child needs the child benefit in full for itself.

  3. Determine the surplus. Only if the child's need is below 255 € is there a surplus that moves to the household community. In practice this is rare.

  4. File an objection — in writing, in time. Within one month of receiving the decision. An informal letter or fax is enough. Standard formula: "I hereby object to the decision of [date]. Reasons to follow." This preserves the deadline.

  5. Submit reasons later. Lay out the chain of calculation: child's need, child benefit, no surplus — therefore no offsetting against the parents. Refer to § 11 Abs. 1 S. 5 SGB II.

  6. Have the decision reviewed. If you are unsure, you should have the decision examined by a specialist before the objection deadline expires.

Avoid typical mistakes

  • Mistake 1: "I receive the child benefit, so it is my income." Legally, no. Payment to the parents is only practical — legally it is allocated to the child. This misunderstanding often means parents do not even notice the wrong offsetting.

  • Mistake 2: Double offsetting. Some Jobcenters offset child benefit both against the child's need and against the parents. This is simply unlawful. Check whether the child benefit appears twice in the table.

  • Mistake 3: No deduction of the insurance flat rate. If the child is insured (e.g. school accident insurance, liability insurance), it is entitled to a flat rate of 30 € per month. If this is not deducted, hard cash is missing.

  • Mistake 4: Adult child in training treated incorrectly. If your 19-year-old child still lives at home and is in training, it is often no longer part of your household community — then its child benefit may not be offset against your need at all. If it is anyway, that is a clear ground for objection.

Frequently asked questions

My child is 8 years old, we receive 255 € child benefit. May the Jobcenter count this as my income?

Only if your child's need is below 255 €. Its standard need (Regelbedarf) alone is 390 € — plus the per-capita share of housing costs. In practically all cases the child has a need well above 255 €, so the child benefit stays entirely with the child. Nothing may be offset against you.

My child is studying, is 20 years old, still lives with us and receives BAföG. What applies then?

If your child can cover its living expenses with BAföG, it is generally not part of your household community (§ 7 Abs. 3 Nr. 4 SGB II). Then its child benefit may not be offset against you either. This is often done wrongly.

Can I file an objection if the deadline has passed?

In principle, no. But: in cases of serious calculation errors, an application for review under § 44 SGB X applies. It is possible up to one year retroactively, in certain cases up to four years. It does not always fully replace the objection, but it can bring money back.

We get the child supplement (Kinderzuschlag) instead of Bürgergeld — do the same rules apply?

No, with the child supplement the system is different. There, child benefit is explicitly parental income. This guide refers exclusively to Bürgergeld households.

What if the Jobcenter says it has "always been done this way"?

That is not an argument. The legal position is clear and the BSG has confirmed the system. Politely but firmly insist on a clean recalculation — if necessary by way of an objection.

Now have your decision reviewed

If you suspect that your child benefit has been wrongly offset against you as income, every day counts — the one-month objection deadline runs from receipt of the decision. You do not have to fight your way through SGB II yourself.

We review your decision within 24 hours. Free and non-binding.

Just upload the decision. We will tell you whether the child-benefit offsetting is correct or whether an objection is worthwhile.