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Child benefit even with pain penalties
Munich (jur). Therefore, if an adult handicapped child receives an allowance, the family fund may not refuse child benefit. Because the pension does not serve the purpose of subsistence, but is a compensation for suffered "damage and life inhibitions" and is therefore not counted as income, the Federal Finance Court (BFH) ruled in Munich in a judgment published on Wednesday, June 22, 2016 (Ref .: III R 28/15). Thus, the mother of a severely disabled child born in 1960 can continue to receive child benefit.
For adult disabled children, parents can claim child allowance without any time limit. The prerequisite for this is that the child is unable to talk to himself because of a "physical, mental or emotional disability". In addition, the disability must have occurred before the child's 25th birthday.
© katyspichal -photolia The mother of a severely disabled son, born in 1960, had sued. The son has a degree of disability of 100 as well as the markers "G", "B" and "H". Since December 2007 he lives in his own household in a rehab center.
The family fund declined from October 2013, continue to pay child support. The son could entertain himself, so the reasoning. He has a monthly income of 170 euros. Because of a liability loss, he receives another monthly 772 euros for an assumed loss of earnings and a compensation for pain in the amount of 204 euros.
However, in its judgment of 13 April 2016, the BFH continued to award child support to the mother. Although the family fund had been allowed to take into account the compensation pension for the assumed loss of earnings, it did not take into account the penalties for pain and suffering. "Only such income and remuneration of a disabled child must be taken into account in the assessment of his ability to pay for his livelihood or are suitable," judged the Munich judge.
The pain penalties, however, do not serve the purpose of subsistence. The compensation should be paid - as a one-time payment or as a pension - to the injured party for "adequate compensation for damage and life inhibitions" and satisfaction for what was done to him. The idea of compensation and compensation stands here in the foreground. fle / mwo