pocket money
Pocket money , also known as pocket money in Switzerland , is an amount of money that is regularly given freely to economically dependent people.
For children, adolescents and adolescents
The main purpose of pocket money is to gradually teach the child or young person how to handle money and purchase transactions independently. It is usually paid out regularly for a week or a month, which is derived from monetary rewards, e.g. B. for special services. The amount depends heavily on the financial situation and the attitude of the legal guardian . There is no legal obligation to pay out pocket money.
In Germany, children and adolescents 7-18 years are § 106 BGB limited legal capacity , can the extent of the placed at their disposal money contracts to complete, which are effective when they meet with this pocket money their contractual obligations § 110 BGB (so-called . Pocket money paragraph ). This applies not only to money, but also to all other resources that were freely made available to the minor. Legal guardians in homes must adhere to the requirements of the state social authorities.
For spouses / life partners
Even in partnerships with only one earning partner, pocket money is often paid to the non-earning partner who runs the household in addition to the household money . In such cases, spouses have a legal right to the amount of five to seven percent of the net household income available.
In the voluntary social or ecological year
According to the "Law for the Promotion of a Voluntary Social Year", an FSJer may not carry out his voluntary service with the intention of making a profit ( § 2 No. 1 BFDG). Nevertheless, according to § 2 No. 3 JFDG, in addition to free accommodation, meals and work clothes or their replacement services in the form of (additional) cash allowances, he is entitled to “reasonable” pocket money. Pocket money is considered “appropriate” - as explained in Section 2 (1) No. 3 JFDG - “if it does not exceed 6 percent of the contribution assessment limit applicable to general pension insurance ( Section 159 of Book Six of the Social Security Code )."
The same applies to the voluntary ecological year ( FÖJ ). For this purpose, the “Law for the Promotion of a Voluntary Ecological Year” is applied.
In prison
In Germany, prisoners are given “adequate” pocket money if they are in need ( Section 46 of the StVollzG ). The uniform federal administrative regulations provide for a pocket money rate of 14% of the earnings of a prisoner (VV to § 46 StVollzG), which was 1.50 € per day in 2008. The appropriateness of this regulation is disputed. The entitlement only exists if the prisoner receives no wages and no vocational training allowance through no fault of his own . Pocket money cannot be seized .
For asylum seekers
In addition to benefits in kind, asylum seekers also receive pocket money under the Asylum Seekers Benefits Act .
See also
Web links
Individual evidence
- ↑ Federal Court of Justice , 12th civil senate, judgment of January 21, 1998, Az. XII ZR 140/96 ( Memento of the original of June 9, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ↑ a b see BGBl. 2002 I p. 2596
- ↑ Däubler / Spaniol in: AK StVollzG § 46 Rn. 4th