Parental maintenance: the €100,000 income threshold since 2020
If parents become in need of care and their own pension and assets are not enough to cover nursing home or care costs, the social welfare office initially steps in. Since the Relatives Relief Act (Angehörigen-Entlastungsgesetz) (in force since 1 January 2020), the welfare office may only claim reimbursement from children if their own gross annual income exceeds €100,000 (§ 94 para. 1a SGB XII).
This threshold applies individually per child and independently of the income of a spouse or partner. As a result, the vast majority of working children are exempt from parental maintenance.
The most important points
- Individual assessment
- The €100,000 threshold applies to each child individually – siblings’ incomes are not added together.
- Only your own income
- The income of a spouse or partner does not count towards this threshold check.
- Presumption rule
- The welfare office only asks about income details if there are concrete indications the threshold is exceeded.
- Total income counts
- What matters is total income under § 16 SGB IV – including capital gains and rental income.