Germany Agreement and foreign pension information 106-04015000

In Germany, federal legislation needs the compulsory payment of social security contributions usually through deductions from paid employment. The pension insurance covers most workers and the self-employed.

Contributions insure individuals against disability and death and provides for income in the form of a pension once the person reaches retirement age.

Separate legislation also provides insurance for unemployment, work-related accidents and health and long-term care requirements. A social assistance scheme provides support for those with low income.

The legislation is the responsibility of the German federal government but administration and payment of pensions is the responsibility of the centralised German funds.

Widow B Pension and Wife Pension were sunsetted in 1995 and, along with Bereavement Allowance, stopped being paid from 2020. See:

• Widow B Pension
• Wife Pension, and
• Bereavement Allowance

The Agreement with Germany started on 1 January 2003. A Supplementary Agreement introduced double coverage provisions starting from 1 October 2008 but did not change the original Agreement.

For Australia:

Department of Social Services (DSS)

For Germany:

Bundesministerium für Arbeit und Soziales (BMAS) - Federal Ministry of Labour and Social Affairs

For Australia:

Services Australia

Note: the Australian Taxation Office (ATO) is responsible for double coverage provisions.

For Germany:

Deutsche Rentenversicherung (DRV)

For Australia:

Centrelink International Services (CIS)

Note: the Australian Taxation Office (ATO) is responsible for double coverage provisions.

For Germany:

• Deutsche Rentenversicherung Oldenburg-Bremen (formerly the Wage Earners fund)
• Deutsche Rentenversicherung Bund (formerly the Salaried Employees fund)
• Deutsche Rentenversicherung Knappschaft-Bahn-See (formerly the Miners/Railway/Seamen fund)

Under the Agreement with Germany, information held about customers may be exchanged between the liaison agencies to determine entitlement to payments under the Agreement and under either country's domestic legislation (Article 10.4).

However, information may only be exchanged (Article 15.1) if a person:

• wishes to use the Agreement, or
• claims a benefit after the Agreement started (that is, after 1 January 2003), or
• authorises the exchange of information in writing

For more information on bulk data exchange, see International Data Exchange Program and auto-indexation of foreign pensions.

The following liaison form is completed by Centrelink International Services (CIS) and sent to Germany:

• AUS187GE - Australia/Germany Social Security Agreement

For help with creating and completing the liaison form, see Agreement liaisons, NZ CICs and exchange of information.

The following liaison forms are completed by Germany and are sent to Centrelink International Services (CIS):

• Certification and Information Form 1 (Bestätigungs- und Mitteilungsformblatt 1) - D/AUS 3 (A9805-00)

This form is used in all communication from Germany.

• Part I - Certification Form and Information Form: provides information on the type of benefit claimed and whether Request for Information (AUS027) has been completed
• Section 1 - Information about the contributor: provides details of the insured person
• Part II - Information about the spouse/widow/widower, if not the insured person: for German SUR claims or Australian pensions payable to widowed persons, provides details of the applicant
• Section 3 - Information about the orphans
• Section 4 - Information about the application: provides details about the claim including representatives
• Section 5 - Information and documentation provided by Germany: this section specifies the German information and attachments
• Section 6 - Information required from Australia: used to request information from Australia including working life residence and information on Australian pensions
• Section 7 - Comments
• Section 8/9 - German pension insurance institution: certification from the German liaison agency

Note: where Germany requests an AUS/D 6, this indicates a request for confirmation of employment periods. See German employment periods.

German Insurance Record (Deutscher Versicherungsverlauf) – D/AUS 4

This form provides information on German insurance periods.

• Section 1 - Information about the contributor: provides details of the insured person
• Section 2 - Status of Insurance record: provides verified periods of German contributions

Information Form 2 (Mitteilungsformblatt 2) - D/AUS5 (A9806-00)

This form contains the outcome of the German pension claim.

• Section 1 - Information about the contributor: provides details of the insured person
• Section 2 - Result of claim: provides the outcome of the customer’s pension claim
• Section 3 - Information: provides any additional details relating to the claim grant or rejection
• Section 4 - Comments: any additional comments, as required

Under the Administrative Arrangements, each country will arrange for an agreed report to be sent with claims for invalidity/disability pensions.

Medical examinations may also be done on request for foreign pension claim purpose. The liaison agency will contact Services Australia and request this. There is no provision for reimbursement of costs to either country.

The customer should contact Services Australia if they receive a direct request from the liaison agency to do a medical examination.

Tell the customer to do the Services Australia foreign pension medical assessment process. If they have already done a medical examination based on a direct request from the Agreement partner without consulting Services Australia, the customer should contact the liaison agency to discuss any possible reimbursement options.

If a customer is claiming reimbursement of costs because they did a medical examination requested by Services Australia for foreign pension purpose, consider all evidence provided. For example, if Services Australia gave incorrect advice to the customer and this caused them to:

• seek an independent medical examination, and
• be out of pocket

See Customer compensation and act of grace payments

The Agreement with Germany includes double coverage provisions. Certificates of coverage are used to confirm exceptions.

Any enquiries about double coverage or certificates of coverage should be directed to the Australian Taxation Office (ATO) website.

Any queries about taxation of pensions or the requirement to lodge a tax return should be directed to:

• In the other country - the tax authority in the other country
• In Australia - the Australian Taxation Office (ATO) website

See general information on taxation, including issuing Australian payment summaries.

Tax treaty

Australia has a double tax agreement with Germany, which avoids the need for the customer to pay tax in both countries.

A person who is 'resident' in one country (according to the definition in the tax agreement) only pays tax on pensions in that country.

Tax deductions from income by one country may be allowed as a credit against tax payable in the other country.

Tax deduction

German pensions may be taxed (Steuer). at source.

The gross rate of German pension, before any deduction is maintained.

German tax year

Germany uses the calendar year (1 January - 31 December) as the tax year.

Australia does not have a Reciprocal Health Care Agreement (RHCA) with Germany.

See general information on health insurance and Medicare coverage.

Any queries about:

• Health insurance coverage in the other country – tell the customer to contact the health insurance authority in the other country
• Medicare coverage – direct them to Medicare

Pensioners in Germany may have a health insurance deduction (Krankenversicherung) taken out of their German pension.

The gross rate of German pension, before any deduction is maintained.

Note: Krankenversicherung der Rentner (KVdR) is exempt.

The official language of Germany is German.

See German naming conventions and pronunciation.

Telephone country code is +49.

Street address

Title FirstName Surname [Addressee]

Schulstrasse 4 [Street address + number]

32547 Bad Oyenhausen [Postal code + city/town]

GERMANY

Post Office Box address

Title FirstName Surname [Addressee]

Postfach 10 01 65 [PO Box + number]

32547 Bad Oyenhausen [Postal code + city/town]

GERMANY

Note: postal code example 26133 = 2 is the area, 6 is the region and 133 is the town, commune and group of delivery districts.

Same-sex marriage has been legal since 1 October 2017, after the Bundestag passed legislation giving same-sex couples full marital and adoption rights on 30 June 2017.

Prior to that, registered life partnerships (eingetragene Lebenspartnerschaft) were available to same-sex couples. These partnerships provided most though not all the same rights as marriages, and they ceased to be available after the introduction of same-sex marriage.

For Australia, the Agreement with Germany (Article 2.1) covers:

• Age Pension
• Disability Support Pension (DSP)
• Carer Payment (CP)
• Parenting Payment Single (PPS)
• Double Orphan Pension (DOP)

Note:

• Customers outside Australia must be severely disabled to be granted under, or transferred to the Agreement outside Australia (Concluding Protocol - Point 3(d))
• Non-severely disabled customers may be granted/transferred only if they are an Australian resident and in Australia. See Lodgement rules and start day
• Carer Payment is limited to carer-partners of AGE/DSP only (Article 1.1(i)
• Only a 'widowed person' may be granted PPS under the Agreement. 'Widowed person' means a person (any gender) who stops being a member of a couple because of the death of their partner and who is not currently a member of a couple (Article 1(h))
• The DOP and Bereavement Smart Centre Processing Team assess and code all DOP clams. Re-categorise DOP claims to ZIAM_DOP_NCL. For assistance, see Bereavement/Double Orphan Pension Helpdesk
• While BVA cannot be claimed after 20 March 2020, claims lodged before this date may still be received. See Bereavement Allowance (BVA)

Claims for Australian payments under International Agreements use the same methods and processes as domestic claims.

Forms to claim an Australian payment in Germany can be obtained by:

• downloading the relevant form from the Services Australia website. See Resources
• contacting Centrelink International Services (CIS)
• contacting the German authorities

Australian forms needed

The customer is to complete and provide the following:

All claims:

• AUS140GE - Australian Pension Claim - Social Security Agreement between and Germany
• Mod(iA)GE - Income and Assets - Germany

DSP only

• AUS142GE - Work Capacity - Customer Information (Germany)
• AUS109GE - Treating Doctor's Report - outside Australia (Germany)
• AUS175 - Medical Assessment Report - Disability Support Pension (Outside Australia)

Note: Germany sends copies of German medical information to Australia.

CP only

• AUS156 - Assessment for Carer Payment
• AUS156a - Health Professional Assessment for Carer Payment

Forms can be lodged at any German social security office.

Under Sections 3 and 4 of the Administrative Arrangements, the German liaison agency will:

• accept and date stamp the AUS140 form
• verify the customer’s identity and personal details
• when necessary, arrange medical forms to be completed, and
• send the form(s) and any supporting documentation to Services Australia within 3 months (Section 4.1) with a liaison form specifying periods of coverage in Germany and information regarding German pensions

See Exchange of information and liaison forms.

If a person is not an Australian resident and in Australia on the date the claim is made, they may use the Agreement to meet the residence rules for claims if, on that date, they are:

• an Australian resident, a resident of Germany or another Agreement country that accepts claims for Australian pension under other agreements (Article 5.2(a)), and
• physically present in Australia, Germany or that third country (Article 5.2(b))

Note: only severely disabled DSP customers can be granted or transferred under the Agreement outside Australia. Non-severely disabled (DSP) customers may be granted/transferred only if they are an Australian resident and in Australia (Concluding Protocol – Point 3(d)).

Claims under the German Agreement

Claims for Australian payments under the German Agreement may be lodged in certain other Australian Agreement countries.

See the Claim lodgement matrix table for list of countries.

Accepting other Agreement claims

Germany will accept claims for Australian benefits under other Australian Agreements.

Claim lodgement consideration

The customer must also satisfy any other rules under the other agreement and social security law provisions, including portability. For example, DSP can be claimed in a third country but the Agreement portability requirements must continue to be met for payments to be made. See Portability.

The normal rules for working out the dare a claim is 'made' and the start day apply to claims under the Agreement with Germany, however, the Agreement also allows:

• the date of lodgement of a claim for an Australian payment in Germany to be used as the date of lodgement in Australia (Article 13.1), and
• the date of lodgement of a claim for German pension in Germany to be used as the date of lodgement of a claim for the corresponding Australian payment (FP claim = AU claim) if:
• the person declares a period of residence in Australia at the time of claiming the German payment (Article 13.4), and
• the German claim is received in CIS within 6 months of being lodged (Article 13.5)

Note: Deutsche Rentenversicherung (DRV) may send a liaison indicating lodgement of a claim for German pension. Policy advice is that this or similar notification is taken to be evidence of a claim and so meets the requirements of this provision. In this case, contact the customer to make sure the German claim process is in progress.

For coding help, see:

• Claims for Australian payments under International Agreements), and
• Start Day (CLK)

The Agreement allows:

• totalisation of periods of qualifying Australian residence and periods of coverage in Germany to meet any minimum periods to qualify for an Australian pension, for example, 10 years for Age Pension (Article 7.1)
• the total of any non-continuous German periods of coverage to be considered continuous to meet any continuous residence requirement to claim an Australian pension (Article 7.2)

The Agreement covers several German occupational pension funds however, contributions from the following 2 German funds cannot be used to totalise for Australian payments (Concluding Protocol - Point 1(a)):

• Hüttenknappschaftliche Zusatzversicherung (Steelworkers’ Supplementary Insurance)
• Alterssicherung der Landwirte (Farmers’ Old Age Security)

Note:

• Overlapping Australian residence and German periods of coverage are only counted once (Article 7.3)
• For Australian pensions payable to "widowed persons" (Parenting Payment Single (PPS)), German periods of coverage for the deceased partner may be used for totalisation (Article 7.6)
• Adjoining periods of Australian qualifying residence and German periods of coverage, with a break of up to 3 months in between, can also be considered to be continuous (Policy)

See Resources in International Social Security Agreements for examples of totalisation.

German period of coverage:

• means a period of contributions, for instance, a period during which contributions were paid, or any equivalent period, as defined in the German legislation
• where equivalent periods may include deemed periods such as for studying, child rearing or military service
• where both actual and deemed periods may be used when totalising for Australian qualification purposes, as long as they are certified, and don’t overlap
• must be certified by the German Competent Institution

To be able to use the totalisation provisions, a person who is not an Australian resident at the date of lodgement must have at least 12 months Australian Working Life Residence (WLR) in Australia of which 6 months must be continuous (Article 7.5(a)). Note: unlike WLR for rate, this period cannot be rounded.

No minimum WLR is needed if the person is an Australian resident at the date of lodgement (Article 7.5(b)).

CP has no qualifying residence periods but does have a Newly Arrived Resident's Waiting Period (NARWP). Beside normal exemptions, a NARWP only applies to a person who has ‘entered Australia'. See: Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period.

A person who is resident and present outside Australia has not entered Australia and therefore does not have a NARWP.

To avoid granting CP to a person who has never been to Australia, the Agreement needs a person to have been an Australian resident at some time (Article 5.1).

The Agreement allows the ongoing residence requirement for DSP, PPS and CP to be met by customers who in Germany (Article 9.1).

For customers outside Australia, the Agreement with Germany (Article 8.1) refers to the overall rate calculation contained in section 12(1) of the Social Security (International Agreements) Act 1999.

This means customers paid under the Agreement have:

• a proportional rate paid according to their Australian Working Life Residence (WLR)
• the Rate Limiter/Limited Rate applied
• additional child amounts (s14A, SS(IA)A 1999) included if eligible in the proportional rate. These amounts are paid automatically as a component of the Australian pension if the customer is qualified (s14A, SS(IA)A 1999)
• their German pension proportionalised (Randisi concession) for use in the income test using denominator of 300 (Article 8.2)

Note:

• In some circumstances, their partner's WLR may be used. See Working Life Residence (WLR)
• Autonomous customers who are paid a proportional rate and receiving a German pension will also have the Randisi concession applied to their German pension (Article 8.3)

The above outside Australia rates does not apply to Double Orphan Pension (DOP) (Article 8.1).

Non-proportional rate extension

Customers paid under the Agreement and temporarily outside Australia, cannot have their non-proportional portability rate extended if they are unable to return to Australia.

Returns to Australia

The proportional rate continues to apply for the first 26 weeks of a temporary return to Australia (Article 8.5).

• For returns to Australia before 9 June 2018, manually code the Temporary Return to Aust Ind on the Residence Savings (RSS) screen.

Customers in Australia under the Agreement are generally paid a direct deduction rate (Article 8.6).

The Agreement does not include a comparison rate in Australia.

Departures from Australia

The inside Australia rate continues to be paid for the first 26 weeks of a temporary departure from Australia (Article 8.7).

Payments under the Agreement

Under the Agreement, provided the customer remains qualified, Australian payments are payable indefinitely in both countries, that is, for temporary or permanent absences (Article 9.1).

Third country portability under the Agreement

Portability to third countries (from Australia or Germany) for a customer paid under the Agreement is the same as for an autonomous customer leaving Australia (Article 9.2). See Portability of payments.

Under the Agreement, DSP may be paid for up to 26 weeks to a person who is not severely disabled and is travelling to Germany (Concluding Protocol - Point 5).

See Portability of Disability Support Pension (DSP) payments table for all DSP portability conditions under the German Agreement.

Note: in all below examples, if the customer ceases to be payable for any reason, including for exceeding the allowable portability period, they will not be able to claim again until they return to Australia or Germany.

Examples of DSP portability - non-severely disabled customers

The following examples assume the customer has not left Australia or Germany within the last 12 months and has, unless otherwise stated, as a maximum portability period of 4 weeks in a rolling 12 months available.

Example 1:

A non-severely disabled DSP customer paid under the German Agreement leaves Australia temporarily to travel to Germany:

• they stay in Germany for 23 weeks
• then temporarily go to Luxembourg (a third country)

Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Luxembourg. After 3 weeks in the third country, however, the customer will reach the 26-week outside Australia payment limit.

The customer can only be paid for 3 weeks after they depart Germany.

Example 2:

A non-severely disabled DSP customer paid under the German Agreement leaves Australia temporarily to travel to Germany:

• they stay in Germany for 20 weeks
• then go temporarily to Sweden (a third country)

Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Sweden. After 4 weeks in the third country, the customer will have been absent from Australia for 24 weeks only, and not have reached the 26-week outside Australia payment limit.

The customer can be paid for 4 weeks after they depart German.

Example 3:

A non-severely disabled DSP customer paid under the German Agreement leaves Australia to travel to Austria (an Agreement country) temporarily.

Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Austria. After 4 weeks in the third country, the customer will have been absent from Australia for 4 weeks only, and not have reached the 26-week outside Australia payment limit.

The customer can be paid for 4 weeks after they depart Australia.

The following examples assume the customer has not left Australia or Germany within the last 12 months and has, unless otherwise stated, as a maximum portability period of 4 weeks in a rolling 12 months available.

Example 1:

A severely disabled DSP customer paid under the German Agreement who has not been assessed as having No Work Capacity (NWC) leaves Australia to travel to Germany temporarily:

• they stay in Germany for 23 weeks
• then go temporarily to Turkey (a third country)

Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Turkey. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply.

The customer can be paid for 4 weeks after they depart Germany.

Example 2:

A severely disabled DSP customer paid under the German Agreement who has not been assessed as having NWC, leaves Australia to travel to Croatia temporarily.

Under ordinary rules, DSP is portable for the first 4 weeks of the customer’s departure to Croatia. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply.

The customer can be paid for 4 weeks after they depart Australia.

Example 3:

A severely disabled DSP customer paid under the German Agreement who is assessed as having NWC, leaves Australia to travel to the United Kingdom for residence.

Under ordinary rules, DSP is portable indefinitely for customers with No Work Capacity. For Severely Disabled DSP customers, the 26-week outside Australia payment limit does not apply.

The customer can be paid can be paid indefinitely.

If necessary, a customer who receives an autonomous payment that stops being payable due to portability reasons can transfer to the Agreement to continue payment if:

• the payment is covered by the Agreement
• the customer meets any payment limitations, such as severely disabled, and
• the customer is able to meet the lodgement provisions of the Agreement

If transferred to the Agreement, all Agreement rules apply to the customer, including portability and rate of payment.

A person who would be autonomously qualified but is paid under the Agreement can transfer from the Agreement to autonomous only if they are an Australian resident and in Australia.

On return to Australia, system processing will automatically transfer from the Agreement to autonomous if the person is an Australian resident who has only used the Agreement to extend their portability while outside Australia.

Former resident provisions may affect customers who transfer to autonomous if they leave Australia again within 2 years of becoming an Australian resident.

Australian payments may be issued to customers outside of Australia. If the customer intends to be outside of Australia:

• long-term (12 months or longer), their Australian payment may be issued to an overseas bank account. See Overseas Bank Account Details (OBAD) for payment requirements by country
• for less than 12 months, payment will generally continue to their normal Australian bank account every 2 weeks

See Delivery of payments to Centrelink customers outside Australia.

For Germany, the Agreement covers pension insurance for:

• Rentenversicherung der Arbeiter (Wage Earners’ Pension Insurance)
• Rentenversicherung der Angestellten (Salaried Employees’ Pension Insurance)
• Knappschaftliche Rentenversicherung (Miners’ Pension Insurance)

On 1 October 2005 there was an organisational reform in Germany. Since then, there is no longer a distinction between occupational pension funds. The are all known as the Deutsche Rentenversicherung (DRV).

The Agreement also covers the following pension funds:

• Hüttenknappschaftliche Zusatzversicherung (Steelworkers’ Supplementary Insurance)
• Alterssicherung der Landwirte (Farmers’ Old Age Security)

Totalisation and calculation provisions as per (Articles 6 to 9) do not apply to payments from these funds (Concluding Protocol - Point 1(a)).

• Altersrenten - Old Age pension (AGE)
• Regelaltersrente - Standard old-age pension
• Altersrente für langjährig Versicherte - Old-age pension for those insured for many years
• Altersrente für schwerbehinderte Menschen - Old-age pension for severely disabled persons
• Altersrente für besonders langjährig Versicherte - Old-age pension for those insured for a particularly long period
• Altersrente für langjährig unter Tage beschäftigte Bergleute - Old-age pension for miners employed underground for many years)
• Vorzeitige/Vorgezogene - Early retirement
• Erwerbsminderung/ Erwerbsfähigkeit - Reduced earning capacity/Invalidity pension (INV), includes:
• Rente wegen teilweiser Erwerbsminderung - Pension due to partial reduction in earning capacity
• Rente wegen teilweiser Erwerbsminderung - Pension due to full reduction in earning capacity
• Rente für Bergleute - Pension for miners
• Hinterbliebenenrenten - Survivor pensions (SUR)
• Kleine/Große Witwenrente oder Witwerrente - Small/Large widow's or widower's pension
• Waisenrente - Orphan’s pension
• Erziehungsrente - Child-rearing pension (CRP)

Note: SUR pension may be paid at a higher rate for up to 2 years from grant, then may reduce to a lower rate or cease altogether.

German social assistance payments:

• Livelihood support and basic income support in old age or reduced earning capacity (German Social Code: SGB XII):
• Hilfe zum Lebensunterhalt (SGB XII) (Livelihood support)
• Grundsicherung (SGB XII) (Basic income support in old age and reduced earning capacity)
• Care benefits (German Social Code: SGB XI):
• Pflegegeld (Care allowance)
• Pflegehilfe (Care assistance)
• Welfare benefits for war victims in accordance with the Federal War Victims Relief Act (Bundesversorgungsgesetz - BVG):
• Hilfe zur Teilhabe am Arbeitsleben (Assistance with participation in working life)
• Erziehungsbeihilfe (Education allowance)
• Ergänzende Hilfe zum Lebensunterhalt (Supplementary support for living expenses)
• Erholungshilfe (Recreation assistance)
• Wohnungshilfe (Housing assistance)
• Hilfe in besonderen Lebenslagen (Assistance for special circumstance)
• Hilfe zur Pflege (Nursing care assistance)
• Hilfe zur Weiterführung des Haushalts (Assistance with maintaining the household)
• Altenhilfe (Assistance for the elderly)
• Krankenhilfe (Sickness assistance)
• Former Social compensation benefits (German Social Code: SGB XIV):
• Opferentschädigungsgesetz (OEG) - Victims of violent acts
• Soldatenversorgungsgesetz (SVG) - Soldiers injured during military service
• Zivildienstgesetzes (ZDG) - Injured civilian service members
• Infektionsschutzgesetz (IfSG) - Vaccination victims
• Häftlingshilfegesetzes (HHG) - GDR and East German political prisoners
• Strafrechtlichen Rehabilitierungsgesetzes (StrRehaG) - Politically prosecuted victims from the former GDR
• Verwaltungsrechtlichen Rehabilitierungsgesetzes (VwRehaG) - repealed decision due to incompatible fundamental principles of the GDR
• Other social assistance payments:
• Kindergeld (Child benefit)
• Wohngeld (WoGG) (Housing benefit)
• Bürgergeld (German Social Code: SGB II) (Citizen´s benefit)
• Leistungen der Jugendhilfe (German Social Code: SGB VIII) (Youth supplement)

The following known payments are paid by the German authorities but are not covered under the Agreement:

• Krankenversicherung der Rentner (KVdR) (Health insurance for pensioner)
• Heilbehandlung, Versehrtenleibesübungen und Krankenbehandlung (Health treatment benefits)
• Beschädigtenrente (Damaged person pension)
• German civil service and private pensions:
• Bayerische Versorgungskammer (BVK)
• Beamtenversogungsgestezt (BeamtVG)
• German Restitution payments

For help with:

• Assessment of German pensions, see Assessment
• Coding of German pensions, see Eligibility and Coding

The requirement to claim German pensions applies to German AGE and INV.

• Customers may voluntarily claim Survivor pension or Orphans Benefit using the SUR claim pack
• Customers may voluntarily claim Child Rearing pension using the AGE claim pack

See Foreign pension claims.

Eligibility and coding of foreign pensions tab contains detailed information on German payments that are subject to CFP legislation

Claim packs are available for AGE, INV and SUR.

Claim packs are issued through the Foreign Pension System (FPS). See Assisting customers to claim a foreign pension.

Specific requirements for German claims

The customer is to complete and provide the following:

All claims:

• German Insurance cards - Versicherungskarte (if available)
• Document to prove nationality (for example, passport)
• German Tax Number - Persönliche Identifikationsnummer für steuerliche

AGE/INV only:

• Application for Insured Pension - Antrag auf Versichertenrente (AUS/D1)

SUR only:

• Application for Survivors Benefits - Antrag auf Hinterbliebenenrente (AUS/D2)
• Marriage/Death certificate

Requests for additional information

If information provided with the claim for German pension is incomplete, Germany will send requests for information in German direct to customers.

Under the Agreement with Germany, Germany may request confirmation of employment periods in Australia during AWLR for customers that worked in any of the following areas:

• as a miner (Article 6(b))
• for any other situation that is required under German legislation (Concluding Protocol - Point 4(b) and extension facts - Point 4(c))

Periods of self-employment can be counted. See Working Life Residence (WLR).

The Verification of Working life residence and employment in Australia (AUS027US) form may be sent to the customer requesting verification.

Note:

• Germany may request an AUS/D6. This indicates a request for confirmation of employment periods. Employment periods are provided to Germany in the AUS187US form
• Australian periods of employment or self-employment is generally required as part of a German INV pension assessment
• German legislation requires 3 years of employment or self-employment had been undertaken by the customer in the 5 years before the onset of the disability before a customer can be eligible for a German INV pension

Under the Administrative Arrangements, German forms can be lodged in Australia at any service centre. See Processing a foreign pension claim.

• All foreign pension claims and supporting documents must be scanned, and
• The original foreign claim form and copies of supporting documents must be sent in paper form to Centrelink International Services (CIS). See Processing a foreign pension claim

Centrelink International Services (CIS) only:

CIS will complete the following or arrange for the following to be completed as necessary and attach the documents to the foreign pension claim to send to the agreement country. See Agreement Liaison Detail (ALD) for method of transmission.

All claims:

• AUS187GE - Australia/Germany Agreement on Social Security

For assistance with creating and completing the liaison form, see Agreement liaisons, NZ CICs and exchange of information.

CIS staff are required to sign the relevant section of the claim form.

INV only:

• E213 – Detailed Medical Report. See Foreign pension medical assessments
• Copy of existing Australian medical information

Enquiries about claims for German payments in Germany or a third country should be directed to the German social security authorities

German payments are paid by direct deposit in Australia. In Germany payments are made through Deutsche Post.

Any queries about the non-payment of German pension should be directed to the German pension authorities.

Agreement pensions are paid as 12 regular monthly payments. There are no bonus payments.

German pensions must be recorded in the source currency – EURO (EUR). Official statements provide the foreign currency amounts.

Amounts recorded in source currency on the FPD screen must not be changed to the Australian dollar amount.

Note: payments into Australia are made in Australian dollars.

German payments are increased for Consumer Price Index (CPI or cost of living) changes from 1 July each year.

For more information on bulk exchanges and auto adjusted CPI increases, see International Data Exchange Program and auto-indexation of foreign pensions.

• directly deducted (Article 8.6) and ignored in the income test (Section 8(8)(zc) Social Security Act 1991) for customers under the German agreement who are in Australia
• proportionalised and assessed as ordinary income (Article 8.2) for customers paid:
• under the German agreement who are outside Australia
• autonomously who are on a long-term outside Australia rate
• ordinary income (not proportionalised) for customers paid:
• autonomously who are inside Australia
• under another agreement other than Germany or New Zealand who are inside or outside Australia

See Rate Calculation for when a direct deduction or proportional rate is applied.

Note:

• CRP can be paid as a main payment or as a component of a main payment
• This does not apply to Double Orphan Pension (DOP) (Article 8.1). DOP is a non-means tested payment
• Each member of a couple is deemed to receive half of the total amount received by the couple (Article 8.8)

• Heilbehandlung, Versehrtenleibesübungen und Krankenbehandlung - Medical treatment benefits
• Beschädigtenrente - Damaged person pension
• German civil service and private pensions

Known German pension funds include:

• Bayerische Versorgungskammer (BVK)

Bayerische Versorgungskammer is an umbrella Bavarian pension organisation that administers a number of occupational pension schemes and funds including:

• BVK Beamtenversorgung (BVK Civil Servant pension)
• Das Versorgungswerk des Bayerischen Landtags (Bavarian State Parliament pension fund)
• Die Versorgungsanstalt der bevollmächtigten Bezirksschornsteinfeger (Pension fund for district chimney sweeps)
• Beamtenversogungsgestezt (BeamtVG)

BeamtVG administers the pensions of federal civil servants and judge

These payments are exempt income test for customers under the agreement or autonomous.

German social assistance payments

German social assistance payments are exempt from the income test for customers who are residing in Germany and for the first 26 weeks of a temporary return to Australia (Article 8.4). These payments generally cannot be paid outside of Germany:

• Hilfe zum Lebensunterhalt - Livelihood support under Volume XII of the Social Code/Sozialgesetzbuch (SGB XII)
• Grundsicherung - Basic income support in old age and reduced earning capacity under Volume XII of the Social Code/Sozialgesetzbuch (SGB XII)
• Bürgergeld - Citizen´s benefit under Volume II of the Social Code/Sozialgesetzbuch (SGB II)
• Wohngeld (WoGG) - Housing benefit
• Leistungen der Pflege - Care benefits under Volume XI of the Social Code/Sozialgesetzbuch (SGB XI)
• Pflegegeld - Care allowance
• Pflegehilfe (until 2016, this payment was known as Pflegestruffe) - Care assistance
• Kindergeld - Child benefit
• Kriegsopferfürsorgeleistungen (BVG)

Kriegsopferfürsorgeleistungen are welfare benefits for war under the Federal War Victims Relief Act (Bundesversorgungsgesetz (BVG)). Numerous benefits can be paid under BVG however only the following war victims’ welfare benefits are exempt:

• Hilfe zur Teilhabe am Arbeitsleben (§ 26 BVG) - Assistance with participation in working life
• Erziehungsbeihilfe (§ 27 BVG), - Education allowance
• Ergänzende Hilfe zum Lebensunterhalt (§ 27a BVG) - Supplementary subsistence assistance
• Erholungshilfe (§ 27b BVG) - Recreation assistance
• Wohnungshilfe (§ 27c BVG) - Housing assistance
• Hilfe in besonderen Lebenslagen (§ 27d BVG) - Assistance in special circumstances
• Hilfe zur Pflege (§ 26c BVG) - Assistance with nursing care
• Hilfe zur Weiterführung des Haushalts (§ 26d BVG) - Assistance with maintaining the household
• Altenhilfe (§ 26e BVG) - Assistance for the elderly
• Krankenhilfe (§ 26b BVG) - Sickness assistance

Volume XIV of the Social Code (SGB XIV)

From 1 January 2024, social compensation benefits (Soziale Entschädigung) is regulated under Volume XIV of the Social Code (SGB XIV, replacing the BVG and Victims Compensation Act (OEG)).

In addition to the victims of the war, their survivors can receive any of the following benefits which is assessed as exempt income:

• Opferentschädigungsgesetz (OEG) - Victims of violent acts
• Soldatenversorgungsgesetz (SVG) - Soldiers who suffered an injury during military service, under the Soldiers' Pensions Act
• Zivildienstgesetzes (ZDG) - Civilian service members who have suffered an injury, under the Civilian Service Act
• Infektionsschutzgesetz (IfSG) - Vaccination victims who meet the requirements of the Infection Protection Act
• Häftlingshilfegesetzes (HHG) - Political prisoners in the former GDR and the former German eastern territories who have suffered health damage as a result of imprisonment, under the Prisoners' Assistance Act
• Strafrechtlichen Rehabilitierungsgesetzes (StrRehaG) - Victims of politically motivated criminal prosecution measures in the former GDR whose health suffered during imprisonment under the Criminal Rehabilitation Act
• Verwaltungsrechtlichen Rehabilitierungsgesetzes (VwRehaG) -Person whose health suffered because of a repealed administrative decision made by official bodies in the former GDR under the Administrative Law Rehabilitation Act
• Leistungen der Jugendhilfe - Youth supplement under Volume VIII of the Social Code/Sozialgesetzbuch (SGB VIII)
• Krankenversicherung der Rentner (KVdR) - Pensioner’s health insurance

KVdR is an additional payment for customers who choose to pay compulsory health insurance. It is exempt from the income test.

• Restitution payments

Restitution payments paid for National Socialist (Nazi) persecution are exempt income (s8(8)(n) Social Security Act 1991). Otherwise, payment is assessed as ordinary income.

Exempt restitution payments are generally identified by:

• name of restitution payment. Known payments include:
• Compensation payments from the 'Claims of Conference' (Conference on Jewish Material Claims Against Germany), for example, Article 2 Fund
• Erinnerung, Verantwortung und Zukunft
• (Compensation payments from the Remembrance, Responsibility and the Future Foundation)
• Payments under Gesetz zur Zahlbarmachung von Renten aus Beschäftigungen in einem Ghetto (ZRBG)
• Payments to displaced Jewish persons under German Foreign Pensions Law - Fremdrentengesetz (FPL)
• Payments under the Ghetto Labour Compensation Fund
• the words Wiedergutmachung Rente or Zustell Bevollm
• contributions include periods for NS-Verfolgung (Persecution)
• under German law Bundesentschädigungsgesetz (BEG)

The Agreement includes embargo provisions (Article 14.3) but they are not used.

Arrears debts for customers and their partners are raised under s1228A Social Security Act 1991 and recovered via normal methods under the Act. See Comparable foreign payment lump sum arrears.

When an arrears period is not provided, the arrears period end date may be assumed to be the end of the month before the date on the notice or liaison form.

A contravention debt may also occur if the customer does not advise of the grant of their German payment within their notification period. See Foreign Pension coding.

Customers will no longer need to provide a life certificate to Germany, if they are:

• residing in Australia, and
• in receipt of both an Australian and German pension, and
• younger than 95 years of age

Living status will be provided via the International Data Exchange Program.

Customers who do not receive an Australian pension and/or 95 years of age or older will need to continue to provide a life certificate to Germany by October, if requested.

German life certificates (Certificate of Being Alive - Lebenstätigung) are in German, French and English.

German Life Certificates can be certified by an officer of Services Australia.

Apart from the paper life certificate, Germany also offers customers the option of verifying their proof of life digitally via Deutsche Post. See German Digital Proof of Life Process link on the Resources page for further information

For information on helping customers with life certificates, see Assisting customers to maintain an existing foreign pension.

Customers in Australia are sent notices at grant and will receive an annual statement each year in July.