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