Minor children living with another family (a foster family or relatives) may receive benefits to cover their living expenses under SGB XII if the child’s or the foster family’s income and assets are insufficient to cover the foster child’s necessary living expenses.

The amount of benefits under SGB XII is determined, among other things, by the foster child’s individual needs. These needs generally correspond to the actual costs of the foster child’s care, provided these costs are reasonable. This includes, among other things, costs for

- food,

- clothing,

- personal hygiene and health care,

- housing,

- heating,

- Household energy (electricity),

- School supplies,

- Pocket money, and

- recreational activities.

Because it is very time-consuming to determine the needs of each foster child individually, many social services offices rely on the flat-rate amounts set by youth welfare services. These amounts may vary from state to state, among other factors.

In exceptional cases, needs may also be calculated based on the “standard” regulations for subsistence assistance (the applicable flat-rate standard needs, any additional needs, actual costs for housing and heating, and school supplies).

The foster parent may also claim these benefits.

As a general rule, it is presumed that the foster family ensures the foster child’s livelihood to the extent that this can be expected based on the foster parents’ income and assets (so-called “household community”). Therefore, the income and assets of the entire household must generally be taken into account. This includes, for example:

• Earned income,
• maintenance payments, and
• pension income.

Child benefit paid for minors, as well as any child support payments, are intended to meet the child’s needs.

Certain assets are considered exempt assets that are not taken into account, for example:

• Small amounts of cash (liquid assets: EUR 10,000 per adult, EUR 500 per child) or
• a reasonably sized residential property.

These are not included in the calculation of benefits.

In addition, there are exemptions for certain types of income. It is not necessary to use up all available income and assets before receiving social assistance.

Benefits for past periods are generally not paid.