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Assessment Period,Exclusion Not Possible


Since the spring of 2018, there has been an administrative instruction for the parental allowance offices that - contrary to previous practice - it is no longer possible to do without exclusions. Reason for the changed instruction is the judgment of the Federal Social Court of 16.03.2017, reference B 10 EG 9/15 R).


So far, employees were able to exclude facts without. This made sense if a higher parental allowance was achieved due to the waiver could be.


The applicant is employed "normally". The application child was on 09.04.2018 born. Maternity protection began on 26.02.2018. The assessment period is therefore February 2017 to January 2018.

In the example the mother was unemployed in February 2017. She entered her job first on 01.03.2017. According to the current legal situation, her parents' income flows from February 2017 with 0, - EUR, whereby their parental allowance accordingly reduced.

So far, the mother could waive the exclusion of February 2018 if this is cheaper for you. As the mother in the example parental income of 01.02.18 to 25.02.18, this income would have been taken into account for parental allowance been because the assessment period at the effective waiver now March 2017 to including February 2018 would have been.

Depending on the level of income, this change in administration can have a very high impact have the parental allowance, which is why we think of simple parental allowance that This new administrative practice disproportionately disadvantages parents. The Argument of the "administrative simplification" is in our opinion also not here justified, since the assessment period is checked regularly anyway got to. In this light, we think the favorable review appears justifiable.

To make matters worse, the relinquishment of the application of exclusion, or postponements in the case of applicants with independent applicants Income is still possible. In our opinion, hired applicants are going through disadvantaged this new administrative practice over the self-employed.

We generally support a fairer determination of the individual assessment period on. Cheaper examinations by a waiver of Ausklammerungs- and Postponements are a variant to make the parental allowance fairer. Besides Let's go for an extension of the exclusion facts, which means times be excluded with unemployment, sickness, child sickness and bankruptcy money should.

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The processors of the parental benefit agencies are not legally obliged to do so to point out that you get a higher parental allowance through an exclusion waiver could.

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