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Law on parental allowance and parental leave

Original Language Title: Gesetz zum Elterngeld und zur Elternzeit

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Law on parental allowance and parental leave (Bundeselterngeld- und Elternzeitgesetz-BEEG)

Unofficial table of contents

BEEG

Date of date: 05.12.2006

Full quote:

" Bundeselterngeld- und Elternzeitgesetz vom 5. Dezember 2006 (BGBl. I p. 2748) "

Status: New by Bek. v. 27.01.2015 I 33

For more details, please refer to the menu under Notes

Footnote 

(+ + + Text evidence from: 01.01.2007 + + +) 
(+ + + For application cf.  § 27 + + +)
The G was enacted as article 1 of the G v. 5.12.2006 I 2748 by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 3 (1) of this Act shall enter into force on 1 January 2007.

Section 1
Parental allowance

Unofficial table of contents

§ 1 Authorised

(1) is entitled to parental benefit, who
1.
has a place of residence or habitual residence in Germany,
2.
with his child living in a household,
3.
this child is self-care and educates, and
4.
does not exercise or does not pursue full employment.
In the case of multiple births, there is only one entitlement to parental benefit. (2) entitlement to parental allowance shall also be paid to who, without fulfilling one of the conditions set out in the first sentence of paragraph 1, point 1,
1.
is subject to German social security law in accordance with § 4 of the Fourth Book of Social Insurance Law or temporarily seconded abroad within the framework of its public service or service relationship in Germany, or has been commented on,
2.
A development worker or a development worker within the meaning of § 1 of the Development Helpers Act, or as a missionary or missionary of the mission works and societies, the members or agreement partners of the Evangelical Mission Societies Hamburg, the working group of Evangelical missions e. V., of the German Catholic Mission Council or of the Working Group of Pfingstlich-charismatic Missions, is or
3.
He is a German citizen and is only temporarily employed by a national or national institution, in particular in accordance with the federal government guidelines of the Federal Government, or who temporarily holds an official in accordance with § 123a of the Civil Service Law or Section 29 of the Federal Officials Act.
This also applies to spouses, spouses, life partners or life partners living in a household with the person entitled under sentence 1. (3) By way of derogation from the first sentence of the first sentence of the first sentence of paragraph 1, the right to parental allowance shall also be:
1.
lives with a child in a household that he has taken in with the goal of adoption as a child,
2.
a child of the spouse, of the spouse, of the life partner or of the life partner in his/her household, or
3.
with a child living in a household and the recognition of paternity in accordance with § 1594 (2) of the Civil Code has not yet been effective or on the paternity arrest requested by him pursuant to § 1600d of the Civil Code Legislation is not yet decided.
The provisions of this Act shall apply to adopted children and children within the meaning of the first sentence of sentence 1, subject to the proviso that, instead of the date of birth, the date on which the child is taken up shall be relevant to the person entitled to receive the child. (4) If the parents are unable to care for their child due to a serious illness, severe disability or death of their parents, relatives up to the third degree and their spouses, spouses, life partners or life partners are entitled to parental benefit if they comply with the other conditions laid down in paragraph 1 and by other beneficiaries Parental allowance is not used. (5) The right to parental benefit remains unaffected if the child's care and upbringing cannot be immediately taken up for an important reason or if it has to be interrupted. (6) A person is not fully active if its working time does not exceed 30 hours per week on the average of the month, it pursues vocational training or an appropriate day-care person within the meaning of Section 23 of the Eighth Book of Social Law is and is not caring for more than five children in day care. (7) One not A foreigner who is entitled to freedom of movement or a foreigner not entitled to freedom of movement is only entitled to a claim if that person
1.
has a settlement permit,
2.
has a residence permit which entitles or has the right to pursue an employment, unless the residence permit has been granted
a)
in accordance with § 16 or § 17 of the Residence Act,
b)
in accordance with Article 18 (2) of the Residence Act, and the consent of the Federal Employment Agency may be granted only for a given maximum period under the Employment Regulation,
c)
in accordance with Article 23 (1) of the Residence Act because of a war in their home country or in accordance with § § 23a, 24, 25 (3) to 5 of the Residence Act,
d)
in accordance with Section 104a of the Residence Act, or
3.
a residence permit referred to in point 2 (c), and
a)
has been lawfully, permitted or condoned in the federal territory for at least three years, and
b)
in the territory of the Federal Republic of Germany, current cash benefits in accordance with the Third Book of Social Code or parental leave shall be taken into account.
(8) A claim shall be omitted if, in the last completed assessment period prior to the birth of the child, the authorized person has earned a taxable income in accordance with § 2 (5) of the Income Tax Act of more than 250 000 euros. By way of derogation from the first sentence, the sum of the taxable income of both persons is more than EUR 500 000. If another person satisfies the conditions set out in the first sentence of paragraph 1 or in the third or fourth paragraphs of this paragraph, the sum of the taxable income of both persons shall not be equal to the first sentence of the

Footnote

§ 1 (7) (3) (b). b: IdF d. G v. 5.12.2006 I 2748 gem. BVerfGE v. 10.7.2012 I 1898-1 BvL 2/10, 1 BvL 3/10, 1 BvL 4/10, 1 BvL 3/11-Violation against Art. 3 (1) and Art. 3 (3) sentence 1 GG and void Unofficial table of contents

§ 2 The amount of parental allowance

(1) parental allowance is granted in the amount of 67 per cent of the income from gainful employment before the birth of the child. It shall be paid up to a maximum of EUR 1 800 per month for full months in which the person entitled does not have an income from gainful employment. The income from gainful employment is calculated according to § § 2c to 2f from the sum of the positive earnings reduced by the deductions for taxes and social contributions.
1.
Non-self-employed work pursuant to § 2 (1) sentence 1 (4) of the Income Tax Act and
2.
Agriculture, forestry, commercial enterprise and self-employment pursuant to § 2 (1), first sentence, points 1 to 3 of the Income Tax Act,
which are to be taxed in Germany and which the authorized person has on average monthly in the assessment period according to § 2b or in months of the reference period in accordance with § 2 paragraph 3. (2) In cases where the income from gainful employment before birth less than 1 000 euro, the percentage of 67 per cent increased by 0.1 percentage points for 2 euro each, to which this income is less than 1 000 euro, up to 100%. In cases where the income from gainful employment was higher than EUR 1 200 before birth, the percentage of 67% falls by 0.1 percentage points for 2 euro each, to which this income exceeds the amount of EUR 1 200, up to 65%. (3) For months after the birth of the child in which the person entitled to work has an income from gainful employment, which is less than the income from gainful employment before birth, parental allowance shall be paid in accordance with the provisions of paragraph 1. or 2 significant percentage of the difference in this income from employment . The maximum amount of EUR 2 770 shall be used as income from gainful employment before birth. The difference in the amount referred to in the first sentence is for the income from gainful employment in months in which the entitled person is entitled to parental benefit within the meaning of Article 4 (2), second sentence, and in months in which they are parental allowance plus as defined in § 4 (2) (2) (2) 3, the first sentence shall be calculated separately. (4) parental allowance shall be paid at least 300 euros. This also applies if the authorized person does not have an income from gainful employment prior to the birth of the child. Unofficial table of contents

§ 2a The sibling bonus and the multiple surcharge

(1) Lives the authorized person in a household with
1.
two children who are not yet three years old, or
2.
three or more children, who are not six years old,
the parental allowance will be increased by 10 percent, but at least 75 euros (siblin-bonus). Account must be taken of all children for which the person entitled fulfils the conditions laid down in Article 1 (1) and (3) and for which the parental allowance is not increased in accordance with paragraph 4. (2) For children who are not yet 14 years old, the age of the child is considered to be old age. of the child of the period since the child was taken into the household of the authorized person. This also applies to children who have included the authorized person in their household in accordance with § 1, paragraph 3, sentence 1, point 1, with the aim of accepting as a child. For children with disabilities within the meaning of Article 2 (1) sentence 1 of the Ninth Book Social Code, the age limit laid down in the first sentence of paragraph 1 shall be 14 years. (3) The entitlement to the sibling bonus shall end at the end of the month in which one of the siblinds referred to in paragraph 1 (4) In the case of multiple births, the parental allowance is increased by EUR 300 for the second and each additional child (multiple surcharge). This shall also apply where a sibling bonus referred to in paragraph 1 is paid. Unofficial table of contents

§ 2b Paying period

(1) The twelve calendar months before the month of the birth of the child shall be relevant for the determination of the income from non-self-employed activity within the meaning of § 2c before birth. In determining the assessment period in accordance with the first sentence, calendar months shall not be taken into account in which the authorized person shall be:
1.
in the period referred to in the first sentence of Article 4 (1) of the parental allowance for an older child,
2.
during the protection periods referred to in § 3 (2) or (6) (1) of the Maternity Protection Act (Maternity Protection Act), it was not allowed to be employed or maternity allowance under the Fifth Book of Social Code or under the Second Law on the Health Insurance of Farmers ,
3.
had a disease that was largely due to pregnancy, or
4.
Military service in accordance with the German military law in force in the version in force until 31 May 2011 or in accordance with the fourth section of the Soldatengesetz or civil service in accordance with the Civil Service Act
and in the cases of points 3 and 4, it had a lower income from gainful employment. (2) For the purpose of determining the income from self-employment within the meaning of § 2d before birth, the respective tax Earnings periods shall be the basis of the last completed tax assessment period prior to the birth of the child. If, during a period of determination, the conditions set out in the second sentence of paragraph 1 have been fulfilled, the periods of determination of the periods of profit shall be determined at the request of the completed tax assessment period preceding those events. (3) By way of derogation from paragraph 1, the calculation of the income from non-self-employed activity before the birth of the tax assessment period which underlies the periods of determination of the earnings referred to in paragraph 2 shall be decisive; if the authorized person is in the periods referred to in paragraph 1 or paragraph 2 Income from self-employment. Where, in the assessment period referred to in the first sentence of paragraph 1, the conditions set out in the second sentence of paragraph 1 have been fulfilled, the second sentence of paragraph 2 shall be applied with the additional proviso that the determination of the income from non-self-employed activity before the birth of the the previous tax assessment period is relevant. Unofficial table of contents

§ 2c Income from non-self-employment

(1) The monthly average surplus of the income from non-self-employed work in money or money value over one twelfth of the employee's lump sum, reduced by deductions for taxes and social contributions in accordance with § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 2e and 2f, gives the income from non-self-employed activity. No account shall be taken of receipts to be treated as other remuneration in the wage tax deduction procedure in accordance with the wage tax requirements. The employee-lump sum according to section 9a, first sentence, point 1 (a) of the Income Tax Act is decisive in the version valid for this year on 1 January of the calendar year preceding the birth of the child. (2) Basis of the calculation of the income the information contained in the employer's salary and salary certificates drawn up for the relevant months. The accuracy and completeness of the information contained in the relevant wage and salary certificates is presumed. (3) The basis for the determination of the deductions for taxes and social security contributions required in accordance with § § 2e and 2f shall be the information provided in the Salary and salary certificate drawn up for the last month in the assessment period with the revenue referred to in paragraph 1. Where an indication of a deduction feature has been changed in the salary and salary certificates of the assessment period, the indication as different from the claim provided for in the first sentence shall be applicable if, in the vast majority of the months of the assessment period, the The survey period has been golden. The second sentence of Article 2c (2) shall apply accordingly. Unofficial table of contents

§ 2d Income from self-employment

(1) The monthly average sum of positive income from agriculture, forestry, business and self-employed labour (profit income), reduced by deductions for taxes and social contributions in accordance with § § 2e and 2f, gives the income from self-employment. (2) In determining the income to be taken into account during the period of assessment, the corresponding profits are to be used in the income tax certificate. Where an income tax notice is not to be drawn up, the profit income shall be determined in the appropriate application of paragraph 3. (3) The basis for the determination of the income to be taken into account in the reference months shall be a profit determination which shall: is at least equivalent to the requirements of Section 4 (3) of the Income Tax Act. As operating expenditure, 25 per cent of the revenue used or on application shall be the actual operating expenditure. (4) Unless otherwise specified in Section 2c (3), the determination of the expenditure according to § 2e shall be deemed to be the case. the required deduction characteristics for taxes, the information in the income tax notice. The second sentence of Article 2c (3) shall apply accordingly. Unofficial table of contents

§ 2e deductions for taxes

(1) The deductions for taxes are amounts for the income tax, the solidarity surcharge and, if the authorized person is liable to charge the church tax, the church tax. The deductions for taxes shall be uniform for non-self-employed and self-employed persons, on the basis of a calculation based on the date of 1 January of the calendar year preceding the birth of the child for that year. Programme schedule for the automatic calculation of the wage tax to be withheld from the wage, the solidarity surcharge and the tax on the tax on the church wage tax within the meaning of Section 39b (6) of the Income Tax Act in accordance with the measures of the (2) The basis for the assessment of deductions for taxes is the monthly average amount of the revenue in accordance with § 2c, insofar as they are to be taxed by the authorized person, and the profit income according to § 2d. For the purpose of determining the deductions for taxes referred to in paragraph 1, the following packages shall be taken into account:
1.
the employee-lump sum according to Article 9a, first sentence, point 1 (a) of the Income Tax Act, if the person entitled to tax has income to be taxed under Section 2c, and
2.
a precautionary lump sum
a)
with the partial amounts pursuant to § 39b (2) sentence 5 (3) (b) and (c) of the Income Tax Act, in the event that the authorized person has income to be taxed by it in accordance with § 2c, without the statutory pension insurance or a comparable to have been subject to insurance; or
b)
with the partial amounts pursuant to section 39b (2), second sentence, point 3 (a) to (c) of the Income Tax Act, in all other cases,
where the amount of the sub-amounts is determined without taking into account the special arrangements for the calculation of the contributions in accordance with § 55 (3) and § 58 (3) of the Eleventh Book of Social Code.
(3) The deduction for the income tax shall be the amount resulting from the inclusion of the tax class and the factor in accordance with Section 39f of the Income Tax Act in accordance with Section 2c (3); the tax class VI shall not be taken into account. If the authorized person was not classified in a tax class according to § 2b in the period of assessment, or if the profit to be taken into account in accordance with Section 2d is higher than the surplus of the revenue to be taken into account in accordance with § 2c of the Employee-lump sum, is to be used as deduction for the income tax of the amount, which results in consideration of the tax class IV without taking into account a factor in accordance with § 39f of the Income Tax Act. (4) As a deduction for the income tax The amount of solidarity surcharge shall be the amount which shall be based on the measures of the Solidarity Award Act 1995 for the income tax referred to in paragraph 3. Allowances for children shall be taken into account in accordance with the provisions of Section 3 (2a) of the Solidarity Act of 1995. (5) The amount of the amount of the church tax deducted shall be the amount of 8 per cent of the church tax for the purpose of the church tax. the income tax referred to in paragraph 3. Allowances for children shall be taken into account in accordance with the provisions of Section 51a (2a) of the Income Tax Act. (6) Subject to paragraphs 2 to 5, free amounts and packages shall only be taken into account if they are not subject to any additional condition authorized person. Unofficial table of contents

§ 2f deductions for social security contributions

(1) The deductions for social security contributions shall be taken into account in the form of amounts for the statutory social security scheme, or for a comparable facility and for the promotion of employment. The deductions for social security contributions shall be determined in a uniform manner for income from non-self-employed and self-employed economic activity on the basis of the following flat-rate contribution rates:
1.
9 percent for health and nursing care insurance, if the authorized person has been subject to insurance in the statutory health insurance in accordance with § 5 (1) (1) to (12) of the Fifth Book of Social Insurance Code,
2.
10 percent for the pension insurance, if the person entitled to the statutory pension insurance or comparable institution has been subject to insurance, and
3.
2 per cent for the promotion of employment if the authorized person has been subject to insurance under the Third Book of Social Code.
(2) The basis for the calculation of deductions for social security contributions shall be the monthly average of the revenue in accordance with § 2c and the earnings income in accordance with § 2d. Income from employment within the meaning of § 8, § 8a or § 20 (3) sentence 1 of the Fourth Book of the Social Code is not taken into consideration. For income from employment relationships within the meaning of Article 20 (2) of the Fourth Book of the Social Code, the amount resulting from Article 344 (4) of the Third Book of the Social Code for this revenue is to be added, with the factor in the sense of the following: the second sentence of § 163 (10) of the Sixth Book of the Social Code shall be determined on the basis of the flat-rate flat rates referred to in paragraph 1. (3) Other measures for the determination of the social insurance legal contribution bases shall not be . Unofficial table of contents

§ 3 Instatement of other revenue

(1) The following income shall be added to the parental allowance entitled to the entitled person pursuant to § 2 or § 2 in connection with § 2a:
1.
Maternity benefits
a)
in the form of maternity leave, in accordance with the Fifth Book of the Social Code or the Second Law on the Health Insurance of Farmers, with the exception of the maternity leave under Section 13 (2) of the Maternity Protection Act, or
b)
in the form of the grant of the maternity allowance in accordance with § 14 of the Maternity Protection Act, which shall be entitled to the authorized person for the period from the day of the birth of the child,
2.
service and passenger services and grants to be awarded to the person entitled under official or public law provisions for the period of a ban on employment from the day of the birth of the child,
3.
comparable benefits to the parental allowance or to the care allowance, to which a person entitled under § 1 is entitled outside Germany or to an institution of an international or intergovernmental body,
4.
Parental allowance for which the person entitled is entitled to an older child, and
5.
revenue accreting to the authorized person as a substitute for earned income; and
a)
which are not already taken into account for the calculation of parental allowance pursuant to § 2, or
b)
when their calculation does not take into account the parental allowance.
If the person entitled to receive the income is for only a portion of the child's life, they are to be charged only on the corresponding part of the parent's allowance. For each calendar month in which the revenue referred to in the first sentence of point 4 or 5 has been obtained in the period of assessment, the amount of the invoice shall be reduced by one twelfth. (2) The amount of the parental allowance shall be equal to the amount of 300 euros. Paragraph 1 shall be free, unless the revenue referred to in the first sentence of the first sentence of paragraph 1 is to be added to the parent's allowance. This amount shall be increased in the case of multiple births by EUR 300 for the second and each additional child. (3) As long as no application is made for the comparable benefits referred to in the first sentence of paragraph 1, the right to parental benefit shall be paid up to the the possible level of comparable performance. Unofficial table of contents

§ 4 Art and duration of the reference

(1) parental allowance can be made in the period from the day of birth to the completion of the 14. of the child's lifetime. By way of derogation from the first sentence, parental allowance Plus may, in accordance with paragraph 3, also be made after 14. months of life, as long as it is from the 15th. During consecutive months of life, at least one parent will be required to live in one of the following months. For accepted children and children within the meaning of § 1 (3) sentence 1 (1) (1), parental allowance may be obtained from the person entitled to receive the child's eighth year of life. (2) parental allowance shall be paid in monthly amounts for the following: Life months of the child. It is determined solely in accordance with the provisions of § § 2 to 3 (basic parental allowance), unless parental allowance is used in accordance with paragraph 3. The claim ends with the expiry of the month in which an eligibility requirement is not required. Parents may apply the respective monthly amounts alternately or at the same time. (3) Instead of claiming parental allowance within the meaning of the second sentence of paragraph 2 for one month, the person entitled to the parental allowance may, for a period of two months, receive a parental allowance, which shall be: in accordance with § § 2 to 3 and the additional requirements of sentences 2 and 3 (parental allowance plus). The parental allowance Plus shall be no more than half of the parental allowance in accordance with the second sentence of paragraph 2, which would be entitled to the person entitled to the parental allowance, if, during the parental allowance, it would not have or has any revenue within the meaning of § 2 or § 3. For the calculation of the parental allowance Plus halve:
1.
the minimum amount of parental allowance pursuant to Article 2 (4), first sentence,
2.
the minimum sibling bonus referred to in Article 2a (1), first sentence,
3.
the multiple surcharge referred to in Article 2a (4) and
4.
the amounts of parental funds exempted from the offsetting in accordance with Article 3 (2).
(4) The parents have a joint entitlement to twelve monthly amounts of parental benefit within the meaning of the second sentence of paragraph 2. For two months a reduction in income from gainful employment may be granted for two more months of parental benefit within the meaning of paragraph 2. Set 2 (Partner Monate). If both parents are at the same time in four consecutive months of life
1.
Not less than 25 and no more than 30 hours per week on average of the month, and
2.
meet the requirements of § 1,
Each parent shall be entitled to four additional monthly amounts of parental allowance plus (partnership bonus) for these months. (5) A parent may have a maximum of 12 months ' parental allowance within the meaning of the second sentence of paragraph 2 plus the four referred to in the third sentence of paragraph 4 the monthly amounts due to parental allowance plus. He can only relate to parental allowance if he takes it for at least two months. Life months of the child in which a parent is granted benefits under the first sentence of Article 3 (1), first sentence, points 1 to 3 shall be considered to be a month for which this parent receives parental benefit within the meaning of the second sentence of paragraph 2. (6) A parent may be granted by way of derogation from the first sentence of paragraph 5, in addition to the other monthly amounts, parental benefit in accordance with the second sentence of paragraph 4, if a reduction in the income from gainful employment is carried out for two months and if:
1.
in the case of him, he has the conditions for the amount of the discharge for single parents pursuant to Article 24b (1) and (2) of the Income Tax Law, and the other parent does not live with him or her child in an apartment,
2.
with the care provided by the other parent, a risk to the child's welfare within the meaning of § 1666 (1) and (2) of the Civil Code, or
3.
the care of the other parent is impossible, in particular because he is unable to care for his child due to a serious illness or severe disability; for the determination of the impossibility of care, economic reasons remain and Reasons for prevention due to other activities are not considered.
By way of derogation from the first sentence of paragraph 5, if a parent within the meaning of sentence 1 (1) to (3) is employed in four consecutive months of life not less than 25 and not more than 30 hours per week on the average of the month, four additional monthly amounts of parental allowance plus. (7) Paragraphs 1 to 6 shall apply in the cases referred to in § 1 (3) and (4). Non-caring parents and persons who are entitled to receive parental allowance pursuant to § 1 (3) sentence 1 (2) and (3) are subject to the consent of the parent who is responsible for the parental responsibility.

Section 2
Care allowance

Unofficial table of contents

§ 4a Calculated

(1) shall be entitled to a care allowance, who shall:
1.
the conditions set out in Article 1 (1) (1) to (3), paragraphs 2 to 5, 7 and 8, and
2.
for the child no benefits pursuant to section 24 (2) in conjunction with § § 22 to 23 of the eighth book Social Code shall be used.
(2) If the parents are unable to care for their child because of a serious illness, severe disability or death of their parents, beneficiaries within the meaning of paragraph 1 (1), in conjunction with Article 1 (4), shall have a right to care allowance by way of derogation from paragraph 1. Number 2, if the child no longer has more than 20 hours per week on average of the month benefits according to § 24 (2) in conjunction with § § 22 to 23 of the Eighth Book Social Code. Unofficial table of contents

§ 4b The amount of the care money

The child care allowance is 150 euros per month for each child. Unofficial table of contents

§ 4c Invoice of other benefits

Benefits comparable to the care allowance or parental allowance, to which a person entitled under § 4a is entitled outside Germany or to a parent or international institution, shall be credited to the allowance, in so far as they exceed the amount to be attributed to the parental allowance for the same period pursuant to Article 3 (1), first sentence, point 3. If the person entitled to benefits is only entitled to benefits for part of the child's lifetime, they are to be credited only to the corresponding part of the child's care. As long as no application is made for the comparable benefits referred to in the first sentence, the claim shall be based on assistance allowance up to the possible level of comparable performance. Unofficial table of contents

§ 4d Reference period

(1) Care allowance can be made in the period from the first day of the 15th day of the year. Life months until the completion of the 36. of the child's lifetime. Before the 15. Life month will only be granted if the parents have already referred the monthly amounts of the parental allowance to which they are entitled for their child pursuant to § 4 (4) sentence 1 and 2 and to § 4 (6) sentence 1. For each child, allowance is made for a maximum of 22 months of life. (2) For children and children who have been accepted in the sense of § 1 (3), first sentence, number 1, care allowance can be paid from the first day of the 15th day of the year. Month after admission to the authorized person at the latest until the end of the child's third year of life. (3) For a child's month of life, only one parent may receive care allowance. Life months of the child in which a parent is entitled under Section 4c are considered to be months for which this parent is entitled to care allowance. (4) The claim ends with the end of the month in which a condition for eligibility is (5) the second sentence of paragraph 1 and the third paragraph shall apply in the cases referred to in Article 4a (1) (1) in conjunction with Section 1 (3) and (4). Non-caring parents and persons who, in accordance with Section 4a (1) (1) (1) in conjunction with § 1 (3) sentence 1 (2) and (3), are entitled to receive care allowance, require the consent of the parent who is responsible for the care.

Section 3
Procedures and organisation

Unofficial table of contents

§ 5 Meeting of Claims

(1) Both parents fill the eligibility conditions for parental allowance or care allowance, determine who of them is entitled to the monthly amounts of the respective benefit. (2) Claim both parents together more than those of them pursuant to § 4 (4) or 4 (4) in conjunction with Section 4 (7) of the corresponding monthly amounts of parental benefits or more than the 22 monthly amounts entitled to them, the entitlement of a parent to the respective benefit shall not be the more than half of the monthly amounts, uncut; the claim of the other Parent is reduced to the remaining monthly amounts. If both parents claim more than half of the monthly amounts of parental allowance or care allowance, they are each entitled to half of the monthly amounts of the respective benefit. (3) Paragraphs 1 and 2 shall apply in the cases of § 1 (3) and (4) or of the Section 4a, paragraph 1, point 1, in conjunction with § 1 (3) and (4). If an agreement is reached with a parent who is not entitled to care or a person who is entitled under the first sentence of § 1 (3) (1) (2) and (3) of the parental allowance or in accordance with Section 4a (1) (1) in conjunction with § 1 (3) sentence 1 (2) and (3) of the allowance, , by way of derogation from paragraph 2, it shall apply solely to the decision of the parent who is entitled to care. Unofficial table of contents

§ 6 Payment

Parental allowance and care allowance shall be paid in the course of the month for which they are intended. Unofficial table of contents

§ 7 Application

(1) parental allowance or care allowance is to be requested in writing. They shall be retroactively provided only for the last three months before the beginning of the month in which the request for the respective benefit has been received. In the application for parental allowance or care allowance, it is necessary to indicate for which months parental benefit in the sense of § 4 (2) sentence 2, for which months parental benefit plus or for which months care allowance is applied for. (2) The following Decisions can be changed by the end of the reference period. A modification may be requested retroactively only for the last three months before the beginning of the month in which the amendment has been received. Except in cases of special hardship, it shall be inadmissible in so far as monthly amounts have already been paid out. By way of derogation from sentences 2 and 3, parental allowance may be applied for in accordance with Section 4 (2) sentence 2 for a month in which the parent money has already been received. In addition, the provisions applicable to the application shall also be applied to the amendment. (3) The application shall, except in the cases referred to in Article 4 (6) and the application by a person who is solely responsible for the application, be from the person who he/she is , and shall also be signed by the other authorized person in order to confirm the receipt of the information. The other eligible person may, at the same time, submit an application to the parental allowance or care allowance claimed by the other person or to indicate to the authority how many monthly amounts it claims for the benefit in each case, if the entitlement to the benefit is Maximum limits pursuant to § 4 (4) would be exceeded. If the authority does not present an application for parental allowance or care allowance or an indication of the other entitled person in accordance with the second sentence, the applicant or the applicant shall receive the monthly amounts of the respective benefit; the other By way of derogation from Section 5 (2), only the monthly amounts of the respective benefit remaining in accordance with Section 4 (4) or § 4d (1) sentence 3 may be obtained in the event of a subsequent application. Unofficial table of contents

§ 8 obligation to provide information, secondary provisions

(1) Where, in the application for parental allowance, information on the estimated income of employment has been made, the actual income from employment and working time shall be proved after the end of the reference period for that period. (1a) Obligations under § 60 of the First Book of the Social Code shall apply
1.
in the case of § 1 (8) sentence 2, also for the other person within the meaning of § 1 (8) sentence 2 and
2.
in the case of § 4 (4) sentence 3 or § 4 (4) sentence 3 in conjunction with § 4 (7) sentence 1 for both persons who have applied for the partnership bonus.
§ 65 (1) and (3) of the First Book of the Social Code shall apply accordingly. (2) parental allowance shall be made in cases where the person entitled to do so is not likely to have an income from gainful employment in the application during the reference period, is paid under the condition of revocation in the event that it has income from gainful employment, contrary to its information in the application. In cases where, at the time of application, the tax notice for the last completed assessment period before the birth of the child is not available and, according to the information in the application for parental allowance or care allowance, the amounts according to § 1 (8) or in accordance with Section 4a (1) (1) in conjunction with Article 1 (8), the respective benefit shall be paid under the reservation of withdrawal in the event that, contrary to the information provided in the application, the Respective performance amounts according to § 1 (8) or § 4a (1) (1) in conjunction with § 1 (8) (3) The parental allowance shall be paid on a provisional basis, taking into account the information provided, up to the time of proof of the information required in each case, if:
1.
at the time of application of the tax notice for the last completed assessment period before the birth of the child, it is not available and it is not yet possible to specify whether the amounts in accordance with § 1 (8) or (4a) (1) (1) in the connection with Section 1 (8) is exceeded,
2.
the income from gainful employment before birth cannot be determined,
3.
the authorized person is likely to have income from gainful employment in the reference period, according to the information provided in the application for parental benefit;
4.
the authorized person applies for additional monthly amounts of parental allowance plus in accordance with § 4 (4) sentence 3 or in accordance with § 4 (6) sentence 2.
The first subparagraph of paragraph 1 shall apply in the case of the application for assistance. Unofficial table of contents

§ 9 Income and working time certificate, employer's obligation to provide information

To the extent that it is necessary to prove the income from employment or the weekly working time, the employer of the competent authority in accordance with § 12 shall have the remuneration for employees who are employed by him for the purpose of determining the amount according to § § 2e. and 2f required deductions for taxes and social security contributions as well as working time on request; the same applies to former employers. For the employees working in the home and the persons who are equal to them (Article 1 (1) and (2) of the Heimarbeitsgesetz), the employer of the employer or the intermediate master shall replace the employer. Unofficial table of contents

§ 10 Relationship with other social benefits

(1) The parental allowance, the care allowance and the respective comparable performance of the countries as well as the income or benefits calculated according to § 3 or § 4c on the respective benefit remain in the case of social benefits, the payment of which is from other income , up to a total of 300 Euro per month, is disregarded as income. (2) The parental allowance, the care allowance and the comparable performance of the countries as well as the corresponding benefits according to § 3 or § 4c Income or benefits may not be used for up to a total of 300 euros. (3) Where the entitled person relates to parental allowance plus, the parental allowance shall remain only up to half the amount of the free allowance, after deduction of the amount of the parental allowance. -other revenue not to be taken into account in accordance with paragraph 1 for the parental allowance, disregarded as income, and may not be used up to that level in order to benefit from legislation based on non-legislative benefits other than those of The right to refuse shall be refused. (4) The non-compliance referred to in paragraphs 1 to 3 shall not be (5) Paragraphs 1 to 4 shall not apply to benefits under the Second Book of the Social Code, the Twelfth Book The Social Code and § 6a of the Federal Children's Money Act. In the case of the benefits referred to in the first sentence, the parental allowance and comparable performance of the countries and the income calculated in accordance with § 3 on the parental allowance shall remain in the amount of the income taken into account in accordance with Article 2 (1) from employment before the Birth unaccounted for up to 300 euros a month as income. In so far as the authorized person relates to parental allowance plus, the amounts shall be reduced by half in accordance with the second sentence. (6) Paragraphs 1 to 4 shall apply mutagentily to the extent that a social benefit can be charged with a contribution to income which is dependent on income. Unofficial table of contents

Section 11 Maintenance obligations

Maintenance obligations shall be affected by the payment of the parental allowance, the caring allowance and the respective comparable performance of the countries only to the extent that the payment exceeds 300 euros per month. To the extent that the entitled person relates to parental allowance plus, the maintenance obligations shall be affected to the extent that the payment exceeds 150 euros. The amounts referred to in sentences 1 and 2 multiply in the case of multiple births with the number of children born. The sentences 1 to 3 do not apply in the cases of § 1361 (3), § § 1579, 1603 (2) and § 1611 (1) of the Civil Code. Unofficial table of contents

§ 12 Jurisdiction; application of the funds

(1) The State Governments or the bodies designated by them shall determine the authorities responsible for the implementation of this law. These authorities are also responsible for providing advice on parental leave. In the cases referred to in Article 1 (2) or Section 4a (1) (1) in conjunction with Article 1 (2), the authority of the district designated by the Länder for the implementation of this Act shall be the authority in which the authorized person is to have its final domestic The authority of the district in which the sending dienstherr or employer of the eligible person or the employer of the spouse, the spouse, the life partner or the life partner of the authorized person is responsible shall be the authority of the district in which the person concerned is responsible. (2) The Federal Government shall bear the expenses for the parental allowance and the Care allowance. Unofficial table of contents

§ 13 Legal Way

(1) The courts of the social jurisdiction shall decide on public-law disputes in matters relating to § § 1 to 12. Section 85 (2) (2) of the Social Courts Act shall apply with the proviso that the competent authority shall be determined in accordance with § 12. (2) The appeal and the action of appeal do not have suspensive effect. Unofficial table of contents

Section 14 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
does not provide proof, not correct, not complete or not in good time, contrary to Article 8 (1),
2.
Contrary to § 9, an indication referred to in that article does not, not correct, not be certified in full or not in good time,
3.
Contrary to the first sentence of Article 60 (1) of the First Book of the Social Code, even in conjunction with the first sentence of Article 8 (1a) of the Book of Social Law, an indication is not made, not correct, not complete or not correct in time,
4.
contrary to § 60 (1), first sentence, point 2 of the First Book of the Social Code, also in conjunction with Section 8 (1a) sentence 1, does not make a communication, not correct, not complete or not in time, or
5.
Contrary to § 60 (1) sentence 1 (3) of the First Book of the Social Code, also in conjunction with Section 8 (1a) sentence 1, a certificate of evidence does not, not correct, not be presented in full or in time.
(2) The administrative offence can be punished with a fine of up to two thousand euros. (3) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences are the authorities referred to in § 12 (1) sentences 1 and 3.

Section 4
Parental leave for employees

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§ 15 Claim on parental leave

(1) Workers shall be entitled to parental leave if they:
1.
a)
with their child,
b)
with a child for which they meet the eligibility requirements in accordance with Article 1 (3) or (4), or
c)
with a child who has taken them in full-time care in accordance with § 33 of the Eighth Book Social Code,
living in a household, and
2.
to take care of and educate this child.
Non-caring parents and persons who are entitled to take parental leave in accordance with the first sentence of 1 (1) (b) and (c) shall require the consent of the parent (s) responsible. (1a) The right to parental leave shall also be provided by workers, if they live with their grandchild in a household and take care of and educate this child themselves, and
1.
a parent of the child is a minor, or
2.
a parent of the child is in an education that is before completion of the 18. The work force of the parent generally takes full advantage of the work force.
The entitlement shall only exist for periods in which none of the parents ' parents themselves claim parental leave. (2) The right to parental leave is up to the completion of the third year of life of a child. A proportion of up to 24 months can be used between the third birthday and the child's eighth year of age. The period of the maternity protection period in accordance with § 6 (1) of the Maternity Protection Act is credited for the mother's parental leave to the limit according to the rates 1 and 2. In the case of a number of children, the right to parental leave is for each child, even if the periods in the meaning of the sentences 1 and 2 overlap. In the case of an assumed child and in the case of a child in full-time or adoptive care, parental leave may be taken from a total of up to three years from the date of admission to the authorized person, at the latest until the child's eighth year of life is completed. , the provisions of sentences 2 and 4 shall be applicable to the extent to which they regulate the time-sharing. The claim cannot be excluded or limited by contract. (3) The parental leave may be taken jointly by each parent, either alone or by both parents, as a proportion. The first sentence of paragraph 1 (1) (1) (b) and (c) shall apply in the cases referred to in the first sentence of the first subparagraph of paragraph 1. (4) During parental leave, the worker or worker may not be employed more than 30 hours per week on average for the month. A day care person suitable for the purposes of § 23 of the Eighth Book Social Code can care for up to five children in day care, even if the weekly care period exceeds 30 hours. Part-time work with another employer or self-employed activity in accordance with the first sentence shall require the consent of the employer. It can only reject it in writing within four weeks for urgent operational reasons. (5) The employee or the employee can apply for a reduction in working time and their distribution. The application is intended to reach agreement between the employer and the employee or the employee within four weeks. The application may be accompanied by the written notification referred to in paragraph 7, sentence 1, point 5. This is without prejudice to the right to continue both the part-time work existing before the parental leave during parental leave, as long as paragraph 4 is observed, and to return to working time after parental leave, which before the start of the period of parental leave. (6) In so far as an agreement under paragraph 5 is not possible, the employee or the employee may, under the conditions set out in paragraph 7, have twice a period of parental leave for the duration of the parental leave. To reduce his or her working time. (7) For the right to reduction The following conditions apply:
1.
The employer, irrespective of the number of persons in vocational education and training, usually employs more than 15 workers,
2.
the employment relationship in the same establishment or undertaking shall be without interruption for more than six months;
3.
the contractually agreed regular working time is to be reduced for at least two months to a volume of not less than 15 hours and not more than 30 hours per week on average for the month,
4.
the claim shall not be subject to any urgent operational reasons and
5.
the right to part-time became the employer
a)
for the period up to and including the third year of the child's third year of life, seven weeks;
b)
for the period between the third birthday and the full eighth year of life of the child 13 weeks
prior to the start of the part-time activity in writing.
The application must include the beginning and the extent of the reduced working time. The desired distribution of reduced working time is to be indicated in the application. If the employer wishes to refuse the claimed reduction or distribution of working time, he/she must do so within four weeks with written justification. Has an employer the reduction of working time
1.
in a parental leave between the birth and the third year of birth of the child not later than four weeks after receipt of the application, or
2.
in a parental leave between the third birthday and the full eighth year of life of the child not later than eight weeks after receipt of the application
in writing, the consent shall be deemed to have been granted and the reduction in working time shall be deemed to have been determined in accordance with the wishes of the worker or the worker. Where an employer and a worker or a worker have no agreement on the distribution of working time in accordance with the second sentence of paragraph 5, the employer shall not, within the time limits set out in sentence 5, have the desired distribution in writing , the distribution of working time shall be deemed to have been determined in accordance with the wishes of the worker or worker. In so far as the employer refuses to apply for the reduction or distribution of working time in good time, the employee may bring an action before the Court of First Instance for work. Unofficial table of contents

§ 16 Use of parental leave

(1) If you want to claim parental leave, you have to:
1.
for the period up to the completed third year of life of the child at the latest seven weeks, and
2.
for the period between the third birthday and the full eighth year of life of the child at the latest 13 weeks
require in writing from the employer prior to the start of parental leave. If the worker requires parental leave in accordance with the first sentence of the first subparagraph, he or she must declare at the same time the periods during which parental leave shall be taken within two years. For urgent reasons, an appropriate shorter time limit is possible. If the mother takes parental leave following the maternity leave period, the period of the maternity protection period according to Article 6 (1) of the Maternity Protection Act is credited to the period after sentence 2. If the mother takes parental leave following a period of recovery following the maternity leave period, the period of the maternity protection period referred to in Article 6 (1) of the Maternity Protection Act and the period of rest leave for the two-year period shall be set out in accordance with Set 2. Each parent may distribute his/her parental leave to three periods of time; a distribution to further periods is only possible with the consent of the employer. The employer may refuse the use of a third part of a parental leave within eight weeks of receipt of the application for urgent operational reasons, if that section in the period between the third birthday and the the child's eighth year of life shall be the child's age. The employer must certify parental leave to the worker or to the worker. In the event of a change of employer, when the employer is required to register at the request of the new employer, a certificate issued by the former employer on parental leave already taken shall be submitted by the employee or the employee. (2) Female employees from a reason not to be responsible for a parental leave immediately following the maternity protection period laid down in § 6 (1) of the Maternity Protection Act cannot be required to do so within one week after the date of the parental leave. (3) The parental leave can be terminated prematurely, or in the The scope of Section 15 (2) shall be extended if the employer agrees. Early termination due to the birth of another child, or in cases of particular hardship, in particular when a serious illness, severe disability or death of a parent or child of the person entitled to death or a child is The employer may, without prejudice to the third sentence, refuse to write down in writing only within four weeks, without prejudice to the third sentence, the employer's significantly endangered economic existence of the parents after the parental leave. Parental leave may be terminated prematurely in order to take advantage of the protection periods laid down in § 3 (2) and Article 6 (1) of the Maternity Protection Act without the consent of the employer; in such cases, the employee shall be the employer of the Notify the end of parental leave in good time. An extension of the parental leave can be required if a planned change of the claimant cannot be made for an important reason. (4) If the child dies during the parental leave, the child ends at the latest three weeks after the death of the (5) A change in eligibility shall be notified to the employee or the employee of the employer without delay. Unofficial table of contents

§ 17 Holiday

(1) The employer may reduce by one twelfth for each full calendar month of the parental leave the holiday allowance which is available to the employee or the employee for the holiday year. This is not the case if the employee or the employee provides part-time work for his or her employer during the parental leave. (2) If the employee or the employee is in his/her right to leave before the start of the If parental leave is not or is not fully received, the employer must give the remaining leave after the parental leave in the current or next holiday year. (3) Ends the employment relationship during the parental leave or becomes after the parental leave. If parental leave is not continued, the employer shall have to cover the vacations which have not yet been granted. (4) If the worker or the worker has received more leave before the start of parental leave than he or she is granted in accordance with paragraph 1, the employer may, after the end of parental leave, take the leave of the worker or the worker after the end of the parental leave, in order to: Shorten the too much granted vacation days. Unofficial table of contents

§ 18 Protection of dismissal

(1) The employer shall not terminate the employment relationship from the date on which parental leave has been requested. The protection against dismissal after the first sentence begins
1.
earliest eight weeks before the beginning of a parental leave until the child's third year of life, and
2.
at least 14 weeks before the beginning of a parental leave between the third birthday and the child's eighth year of age.
During parental leave, the employer shall not be allowed to terminate the employment relationship. In exceptional cases, a termination may exceptionally be declared admissible. The declaration of admittance is made by the highest authority responsible for occupational safety and health protection, or by the body designated by it. The Federal Government may, with the consent of the Federal Council, adopt general administrative provisions for the implementation of sentence 4. (2) Paragraph 1 shall apply mutatily if workers or workers
1.
in the case of the same employer during parental leave, part-time work,
2.
take part in part-time work without parental leave and are entitled to parental allowance according to § 1 during the period in accordance with § 4 (1) sentence 1 and 3.
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Section 19 Termination at the end of parental leave

The employee or the employee may terminate the employment relationship at the end of the parental leave only in compliance with a notice period of three months. Unofficial table of contents

Section 20 Vocational training employees, employees working in homework

(1) The employees employed for their vocational training are regarded as workers or workers within the meaning of this Act. Parental leave is not counted on periods of vocational education and training. (2) entitlement to parental leave also includes those employed in home employment and those who are equal to them (Article 1 (1) and (2) of the Home Work Act), as far as they are involved in the work. The employment relationship shall be replaced by the employer of the adjudicating entity or the intermediate master, and the employment relationship. Unofficial table of contents

Section 21 Temporary employment contracts

(1) A factual reason justifying the freezing of an employment relationship shall be the case where a worker or a worker is responsible for the representation of another worker or worker for the duration of a worker's employment contract. Prohibition of employment under the Maternity Protection Act, a parental leave, a work exemption for the care of a child based on a collective agreement, an operating agreement or a single contractual agreement, or for those periods together or for (2) The duration of the representation referred to in paragraph 1 shall include the following: (3) The duration of the duration of the contract must be determined or determined by the calendar or the purposes set out in paragraphs 1 and 2. (4) The employer may decide to a fixed-term contract, subject to a period of at least three weeks, but at the earliest at the end of parental leave, if the parental leave expires without the consent of the employer and the worker or the worker is the Early termination of parental leave. The first sentence shall apply if the employer is not entitled to refuse the premature termination of parental leave in the cases of § 16 (3) sentence 2. (5) In the case of paragraph 4, the termination protection law shall not apply. (6) Paragraph 4 shall not apply where: its application is contractually excluded. (7) In the context of labour laws or regulations, if the number of employed workers is set down, the number of employees and the number of employees shall be determined by the identification of the number of employees and the number of employees. Female workers who are in parental leave or who are caring for a child shall not be counted as long as a representative or a representative is recruited for them pursuant to paragraph 1. This shall not apply if the representative or the representative is not to be counted. Sentences 1 and 2 shall apply mutatily if the number of jobs is set out in the framework of laws or regulations of employment law.

Section 5
Statistics and final provisions

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Section 22 Federal Statistics

(1) In order to assess the impact of this Act and its further development, ongoing surveys on the receipt of parental allowance and care allowance are to be carried out as federal statistics. The surveys are carried out centrally by the Federal Statistical Office. (2) The statistics on the reference to parental allowance shall be recorded quarterly on the last day of the current and the preceding two calendar months for persons who are in one of these Calendar months of parental allowance, for each child causing the claim, the following survey characteristics are:
1.
Type of entitlement in accordance with § 1,
2.
Basis for the calculation of the amount of the monthly amount to be calculated by type and amount (§ 2 (1), 2, 3 or 4, § 2a (1) or (4), § 2c), § § 2d, 2e or § 2f),
3.
the amount and type of the monthly amount to be allocated (Article 4 (2), second sentence and paragraph 3, first sentence), without taking into account the revenue in accordance with § 3,
4.
the nature and amount of the revenue in accordance with § 3,
5.
Use of the monthly amounts granted as a partnership bonus in accordance with § 4 (4) sentence 3 and the additional monthly amounts of parental allowance plus according to § 4 (6) sentence 2,
6.
the amount of the monthly payout,
7.
Birthday of the child,
8.
person referring to parental allowance:
a)
Gender, year of birth and month of birth,
b)
nationality,
c)
Residence or habitual residence,
d)
Marital status and unmarried life together with the other parent and
e)
Number of children living in the household.
The information referred to in points 2, 3, 5 and 6 shall be reported for each month of life of the child in relation to the period of benefit cover possible in accordance with Article 4 (1). (3) The statistics relating to the receipt of the allowance shall be recorded on a quarterly basis for the last period of each month in which the child is to be paid. Date of the current and previous two calendar months for the first time as of 30 September 2013 for persons who have received assistance in one of these calendar months, for each child who is entitled to the claim, the following survey characteristics:
1.
Type of entitlement under Section 4a,
2.
the amount of the monthly payout,
3.
Birthday of the child,
4.
person referring to child care allowance:
a)
Gender, year of birth and month of birth,
b)
nationality,
c)
Residence or habitual residence,
d)
Marital status and unmarried life together with the other parent and
e)
Number of children living in the household.
The information referred to in point 2 shall be reported for each month of life of the child in relation to the period of benefit of the benefit referred to in paragraph 4d (1). (4) Auxiliary characteristics are:
1.
the name and address of the competent authority,
2.
name and telephone number as well as address for electronic mail of the person available for any queries and
3.
Identification number of the applicant or the applicant.
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§ 23 obligation to provide information; data transfer to the Federal Statistical Office

(1) For the survey according to § 22 there is a duty to provide information. The information given in section 22 (4) (2) is voluntary. The authorities responsible pursuant to Section 12 (1) shall be responsible for information. (2) The applicant or the applicant shall be required to provide information on the survey characteristics in accordance with § 22 (2) and (3) in relation to the authorities responsible pursuant to Section 12 (1). The competent authorities pursuant to § 12 (1) may only provide the information in accordance with the first sentence of Article 22 (2) (1) (8) and (3), sentence 1, point 4, in so far as they are not required for the execution of this law, only by technical and organisational measures separate from the remaining data in accordance with § 22 (2) and (3) and only for the transmission to the Federal Statistical Office, and have to delete them immediately after being sent to the Federal Statistical Office. (3) The information which is in itself conclusive as individual data sets, electronically up to 30 working days after the end of the reporting period to submit the Federal Statistical Office. Unofficial table of contents

Section 24 Transmission of tables with statistical results by the Federal Statistical Office

For use in relation to the legislative bodies and for planning purposes, but not for the regulation of individual cases, the Federal Statistical Office submits tables with statistical results, even as far as the table fields are only one. Only one case, to the competent top-level federal or state authorities. Tables whose table fields only have a single case may only be transmitted if they are not more differentiated than those processed at the government district level, in the case of the city states at the district level. Unofficial table of contents

Section 24a Transmission of individual data by the Federal Statistical Office

(1) In order to estimate the effects of the amendments to this Act within the framework of the purposes of § 24, the Federal Statistical Office shall, upon request of the competent Federal Ministry of the Federal Republic of Germany, transmit to this or its research institutions responsible for the purpose. Details from 2007 without auxiliary features, with the exception of the feature set out in section 22 (4) (3), for the development and operation of microsimulation models. The individual data may only be transmitted in the extent necessary for this purpose and by means of a secure data transfer. (2) In the processing and use of the data in accordance with paragraph 1, statistical secrecy is to be found in accordance with § 16 of the Federal Statistics Act. true. To this end, the separation of statistical and non-statistical tasks by organisation and procedures must be ensured. The data transmitted in accordance with paragraph 1 may only be used for the purposes for which it has been transmitted. The individual data transmitted shall be deleted after the purpose has been reached, to which they have been transmitted. (3) Persons who are recipients of individual data pursuant to the first sentence of paragraph 1 shall be subject to the obligation to maintain secrecy in accordance with § 16 (1) and (10) of the Federal Statistics Act. Persons who are to receive individual information pursuant to the first sentence of paragraph 1 shall be responsible for public service or for the public service. Persons who are to receive individual information and who are not members of public service or for the public service shall be obliged to maintain secrecy. Section 1 (2), (3) and (4) (2) of the Obligations Act of 2 March 1974 (BGBl. 469, 547), as defined by Section 1 (4) of the Law of 15 August 1974 (BGBl). I p. 1942) has been amended in accordance with the applicable version. The recipients of individual information may use the findings obtained from their activities only for the purposes set out in paragraph 1. Unofficial table of contents

Section 25 Report

Until 31 December 2015, the Federal Government shall submit a report to the German Bundestag on the effects of the care bill. It shall submit a report by 31 December 2017 on the impact of the rules on parental allowance plus and on the partnership bonus and on parental leave. The reports may not contain any personal data. Unofficial table of contents

Section 26 Application of the books of the Social Code

(1) In so far as this law does not apply to the parental allowance or care allowance, the first chapter of the Tenth Book of Social Code shall apply to the execution of the First, Second and Third Section. (2) § 328 (3) and (§) § § § 328 (3) and § § § § § § 328 (3) 331 of the Third Book of the Social Code shall apply accordingly. Unofficial table of contents

§ 27 Transitional provision

(1) In the case of children born before 1 January 2015 or accepted with the aim of adoption, § 1 shall continue to be applied in the version valid until 31 December 2014. § § 2 to 22 are to be applied further in the version valid until 31 December 2014 for the children born before 1 July 2015 or taken up with the aim of adoption. Sentence 2 does not apply to § 2c (1) sentence 2 and § 22 (2) sentence 1 (2). (1a) To the extent that this law refers to maternity benefits in accordance with the Fifth Book of Social Code or under the Second Law on the Health Insurance of Farmers, the following shall apply: (2) For the benefits comparable to that of the Länder, § 8 (1) and § § § 8 (1) and § § 8 (2) of the German National Insurance Act ("Länder") 9 of the Federal Law on Education and Training (Bundeserziehungsgeldgesetz) in the version currently in force until 31 December 2006 (3) Support allowance shall not be paid for children born before 1 August 2012. Until 31 July 2014, the allowance shall be 100 Euro per month, by way of derogation from § 4b.