According to the press release of the Federal Constitutional Court of 03.08.2022 on the decision of the same day (28.06.2022 – 2 BvL 9/14, 2 BvL 10/14, 2 BvL 13/14, 2 BvL 14/14), holders of residence permits under Section 23 (1), Section 23a or Section 25 (3), (4) or (5) of the Residence Act are also entitled to child benefit without a previous period of residence being required and even then, if the persons concerned are not gainfully employed. In this respect, the Federal Constitutional Court considers the principle of equality to have been violated on the basis of the principles of equality that were violated until 01.03.2020. It is true that the legislature had pursued the legitimate purpose of granting child benefit only to persons who are likely to reside permanently in the federal territory. However, the differentiation made was unsuitable for this purpose, since a correlation between employment and the expected duration of stay was not apparent.
It is advisable for the group of persons concerned to apply for child benefit retroactively, if necessary. Of course, it should be noted that as a rule, when receiving social benefits, the entitlement to child benefit is transferred to the social welfare agency.