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💰 Parental maintenance and the Angehörigen-Entlastungsgesetz (Relatives Relief Act)

Since 2020, adult children have to be drawn on for their parents' social assistance costs only if their own gross annual income exceeds €100,000.

Parental maintenance (Elternunterhalt) Angehörigen-Entlastungsgesetz § 94 SGB XII €100,000 income threshold Social assistance recourse

In brief

If the pension or assets of a parent in need of care are not enough to pay for, say, a place in a care home, the social welfare office (Sozialamt) steps in with help with care. In the past the social welfare office could under certain circumstances claim recourse against the adult children for this (parental maintenance). Since the Angehörigen-Entlastungsgesetz (in force since 1 January 2020), the following applies: your income is drawn on for authority recourse only above €100,000 gross annual income – and this is assessed for each child liable for maintenance individually.

Step by step

  1. Check the letter from the social welfare officeIf you receive a request for information from the social welfare office about parental maintenance, first check whether your own gross annual income exceeds the €100,000 threshold.
  2. Note the duty to provide informationEven below the threshold there is generally a limited duty to provide information to the social welfare office so that it can check whether the threshold is exceeded – do not refuse to give information across the board, but seek advice.
  3. Provide proofIf your income is below the threshold, prove this (e.g. with an income tax assessment notice) in order to settle the matter quickly.
  4. Seek advice if the threshold is exceededIf your income is above €100,000 gross per year, a full maintenance calculation becomes necessary – consult a specialist family law lawyer for this.

Deadlines

No statutory deadline for the threshold itself
The €100,000 threshold is not a deadline but a permanent income threshold, to be checked afresh each year against that year's income§ 94 Abs. 1a SGB XII
Watch out – common mistakes
  • The €100,000 threshold applies to each child liable for maintenance individually, not as the sum of all children or as household income with a partner.
  • The civil-law duty of maintenance itself (§§ 1601 ff. BGB) is not removed by the law; only the transfer of the maintenance claim to the social welfare office below the income threshold is excluded. Between the relatives directly, maintenance can theoretically continue to play a role, but in practice the social welfare office as a rule no longer asserts the claims.
  • Gifts from the parent in need of care to you in the last 10 years before they became needy can become relevant through a claim for return under § 528 BGB, independently of the Angehörigen-Entlastungsgesetz – the law concerns only maintenance, not gift law.
In depth · legal basis, figures and practice – for advisers and professionals

Mechanism of the Angehörigen-Entlastungsgesetz

The Angehörigen-Entlastungsgesetz, which came into force on 1 January 2020, added a new paragraph 1a to § 94 SGB XII. Under it, a civil-law maintenance claim of parents against their children (or conversely, for parents of people with disabilities) passes to the social assistance authority only if the child liable for maintenance has a total income within the meaning of § 16 SGB IV of more than €100,000 gross per year. Below this threshold the maintenance claim theoretically continues to exist in civil law but is no longer enforced by the social welfare office.

Why this matters for family carers

Many family carers reduce their employment because of care (care leave, family care leave, permanent part-time work) and at the same time fear being liable for recourse for their parents' care home or care costs. The Angehörigen-Entlastungsgesetz removes this risk for the vast majority of working people – according to widespread estimates more than 90 % – because their income is below €100,000 gross.

Procedure

The social welfare office may request limited information to check whether the income threshold is exceeded. Only when there are concrete indications that the threshold is exceeded can a full income and maintenance calculation be required.

Who is responsible
  • Social welfare office (Sozialamt, social assistance authority)
  • Family court (in a dispute over the amount of maintenance)
Further reading
Rights of family carers at a glanceAdvice and contact points for family carers

Quick questions

Worum geht es bei „Parental maintenance and the Angehörigen-Entlastungsgesetz (Relatives Relief Act)“?
Since 2020, adult children have to be drawn on for their parents' social assistance costs only if their own gross annual income exceeds €100,000.
Which deadlines and figures matter?
No statutory deadline for the threshold itself: The €100,000 threshold is not a deadline but a permanent income threshold, to be checked afresh each year against that year's income (§ 94 Abs. 1a SGB XII)
What should I do first?
  • Check the letter from the social welfare office: If you receive a request for information from the social welfare office about parental maintenance, first check whether your own gross annual income exceeds the €100,000 threshold.
  • Note the duty to provide information: Even below the threshold there is generally a limited duty to provide information to the social welfare office so that it can check whether the threshold is exceeded – do not refuse to give information across the board, but seek advice.
  • Provide proof: If your income is below the threshold, prove this (e.g. with an income tax assessment notice) in order to settle the matter quickly.
What do I need to watch out for?
  • The €100,000 threshold applies to each child liable for maintenance individually, not as the sum of all children or as household income with a partner.
  • The civil-law duty of maintenance itself (§§ 1601 ff. BGB) is not removed by the law; only the transfer of the maintenance claim to the social welfare office below the income threshold is excluded. Between the relatives directly, maintenance can theoretically continue to play a role, but in practice the social welfare office as a rule no longer asserts the claims.
  • Gifts from the parent in need of care to you in the last 10 years before they became needy can become relevant through a claim for return under § 528 BGB, independently of the Angehörigen-Entlastungsgesetz – the law concerns only maintenance, not gift law.
Evidence
  • § 94 Abs. 1a SGB XII (gesetze-im-internet.de)
  • § 16 SGB IV (concept of total income, gesetze-im-internet.de)
  • BMAS, FAQ on the Angehörigen-Entlastungsgesetz (bmas.de)
As of

As of September 2026. In force since 1 January 2020 (Angehörigen-Entlastungsgesetz). · Sources and method

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