Orphan's pension

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Orphans by Thomas Kennington , 1885 (Tate, London)

An orphan's pension is a permanent payment of the statutory social insurance ( statutory pension insurance , accident insurance ) or pension law (according to § § 38 ff. Of the Federal Pension Act ), which is paid to their children - and possibly also to other relatives - in the event of the death of the beneficiary . It serves to compensate for the lost maintenance contributions of the deceased. If one parent dies, one speaks of a half orphan's pension , after the death of both parents of an orphan's pension .

The concept of children is the same for statutory pension insurance ( Section 48, Book Six of the Social Security Code ) and accident insurance ( Section 67, Book 7 of the Social Code ) as well as for old-age insurance for farmers . Orphan's pension are entitled to biological children (if born out of wedlock children, however, the part of the father only successful acknowledgment of paternity or paternity ), and adopted children.

Are to be treated as stepchildren and foster children who were included in the household of the deceased, as well as grandchildren and siblings who were included in the budget of the deceased or predominantly from it entertained were.

According to the Federal Supply Act (Section 38 ff.) And the Victims Compensation Act (OEG), grandchildren and siblings do not receive an orphan's pension in deviation from the above regulation. However, stepchildren who were taken in by the deceased in the household are recorded, as are foster children within the meaning of Section 2 (1), sentence 1, no.2 of the Federal Child Benefit Act, which the deceased has been with or with at least since a time prior to the damage or before the consequences of the damage were recognized entertained free of charge for at least a year after his death.

Orphan's pension is paid until the age of majority - or until the age of 27 during an apprenticeship such as B. School, in-company training, studies, in the federal voluntary service , if one completes a voluntary ecological year or a voluntary social year , a national or international voluntary service within the meaning of § 32 Paragraph 4 Clause 1 No. 2 of the Income Tax Act (5. SGB ​​IV-AmendmentG) or cannot support himself due to a disability . No orphan's pension is paid when doing a European Voluntary Service. If you have completed voluntary service / military service, the age limit is extended by the completed period (e.g. 12 months of service = 12 months extension up to the age of 28).

Age limit regulations of other laws (see Federal Child Benefit Act ) do not play a role for the granting of orphan's pension. The amount of the orphan's pension also does not depend on the child benefit and its approval.

If there are up to four months between previous and new training, the orphan's pension is also paid for the transition period. In the event of interruptions or delays in training due to military service or community service , the authorization period is extended by the break time. The prerequisite for school education is that it mainly uses the orphan's time and labor.

In-company training does not exist if employment is carried out for remuneration that can be regarded as the usual remuneration of an employee not employed in training. Before July 1, 2015, income was credited to the orphan's pension from the age of 18 . This has not been the case since then (5th SGB IV-AmendmentG). In a full-time study and an employment relationship of up to 20 hours / week, the earnings from a part-time job are irrelevant for the orphan's pension entitlement. This right is not excluded by entering into a marriage or a civil partnership after the age of 18. It also does not expire with the adoption of the orphan's pension beneficiary ( Section 1755 BGB ).

The amount of the orphan's pension depends on the amount of the pension entitlement of the deceased (for accident insurance regulated in Section 68 Seventh Book of the Social Code).

Since January 1, 2017, recipients and applicants for an orphan's pension have been subject to mandatory health insurance for pensioners ( Section 5, Paragraph 1, Clause 1, Item 11b SGB V). Before, acceptance into statutory health insurance depended on the deceased parent completing the previous insurance period. The obligation to pay contributions was abolished up to the age of 25. Since then, the insurance has been free of charge during this period. From the 25th birthday, contributions to the health insurance must be paid from the orphan's pension. ( Section 237 sentence 2 SGB V) If you have completed voluntary service, the exemption from contributions is extended by the completed period (e.g. 12 months of service = 12 months extension or up to the age of 26). If the orphan is still studying, she is no longer insured as a (orphan) pensioner, but in the student's health insurance . Students under 30 years of age have to pay contributions of around 90 euros / month.

See also

Web links

Individual evidence

  1. ↑ Survivors' pensions. July 8, 2019, accessed September 14, 2019 .
  2. ↑ New regulations in 2017 in the area of ​​health and care - Federal Ministry of Health
  3. ^ Krankenkassen.de - health insurance contribution for students. Retrieved September 18, 2017 .