Letter from the Elterngeldstelle (parental allowance office): decision and repayment

Elterngeld is often granted provisionally (vorläufig), for example if you work part time while you receive it or if the tax assessment for the time before the birth is still missing (§ 8 Abs. 3 BEEG). After the payment period ends, you must prove your actual income (§ 8 Abs. 1 BEEG).

After that, the Elterngeldstelle makes a final decision. If you received too much, you pay it back. If you received too little, the rest is paid to you (§ 26 Abs. 2 BEEG in connection with § 328 Abs. 3 SGB III).

You can file a Widerspruch (objection) against the decision within one month (§ 84 Abs. 1 SGG). A decision sent by post counts as delivered on the fourth day after it was posted (§ 37 Abs. 2 SGB X). How to file the Widerspruch is explained in the Rechtsbehelfsbelehrung (information on legal remedies, usually at the end of the letter).

For Elterngeld, a Widerspruch and a Klage (court action) have no suspensive effect (§ 13 BEEG). This means a repayment demand stays due for the time being.

Write your reply in German. German authorities work in German, so a letter in German is the safest way to make sure your reply is understood and processed. The templates (Vorlagen) on this site are in German.

Free or low-cost help is available from social associations (Sozialverbände) such as VdK or SoVD (for members). If you have little money, you can apply at the Amtsgericht (local court) for a Beratungsschein, a voucher for advice from a lawyer (Beratungshilfe under the Beratungshilfegesetz). For insured persons and benefit recipients, a Widerspruch and a court case at the Sozialgericht (social court) cost no court fees (§ 183 SGG).