Child allowance and large family allowance

How much are child allowance and the large family allowance?

Child allowance and the large family allowance are both family allowances paid every month (PHS § 16 lg 1 p 1 and 5) [2]. Family allowances aim to partly compensate families with children for the costs of caring for, raising and educating the children (PHS § 15) [6].

• Child allowance: 80 euros for the first and second child of a family, 100 euros for the third and each subsequent child (PHS § 17 lg 3) [1].
• Large family allowance: 450 euros for a family raising three to six children and 650 euros for a family raising seven or more children (PHS § 21 lg 2 and 3) [3]. It is paid in addition to child allowance: where a person is entitled to several types of family benefits, they are granted and paid at the same time (PHS § 8 lg 2) [7].

For example, a family raising three children who are entitled to child allowance is entitled to child allowance of 80 euros for each of the first two children and 100 euros for the third, and in addition to a large family allowance of 450 euros (PHS § 17 lg 3; PHS § 21 lg 2) [1] [3].

How many children are counted depends on who grows up together in the family: all children growing up together in the family who are entitled to child allowance are taken into account (PHS § 26 lg 1) [8]. A child living apart from the family is not counted in the applying parent's family, while a child temporarily away from the family because of studies is counted (PHS § 26 lg 2 and 4) [8].

In the first month of payment, the amount is calculated in proportion to the number of days for which there is an entitlement (PHS § 7 lg 1) [9]. A monthly family allowance once granted is paid for the current month (PHS § 28 lg 5) [5].

Who receives the allowance and until what age?

Every child is entitled to child allowance from birth until the age of 19 (PHS § 17 lg 1) [1]. If a child without secondary education who has turned 19 studies at a basic school, upper secondary school or in formal vocational education, or is enrolled in a continuing training course of a state agency administered by the Ministry of Education and Research with at least 1000 academic hours of contact learning in an academic year, the child is entitled to child allowance until the end of the current academic year or course, or until removal from the list of students (PHS § 17 lg 2) [1]. After the age of 19, payment continues once data on continued studies have been received from the Estonian Education Information System (Eesti hariduse infosüsteem) (PHS § 29 lg 1) [10].

Family benefits are paid to the persons named in § 3 (1) of the General Part of the Social Code Act (PHS § 4 lg 1) [11]: an Estonian citizen living in Estonia and a foreigner living in Estonia on the basis of a long-term resident's residence permit, a permanent right of residence, a temporary residence permit or a temporary right of residence (SÜS § 3 lg 1) [12]. There is no entitlement to a family benefit to the extent that the person is entitled to a benefit paid by a foreign state for the same purpose (PHS § 4 lg 4) [11].

The large family allowance is payable to one parent, foster parent or guardian who raises three or more children in the family who meet the age and study conditions of child allowance (PHS § 21 lg 1) [3]. The same right belongs to a parent's spouse or registered partner who raises the child, and to a person who also raises a common child with the child's parent (PHS § 21 lg 1; PHS § 25 lg 1 p 2 and 3) [3] [13].

How do you apply?

The Social Insurance Board checks, on the basis of the data in the social protection information system, whether a person meets the conditions for family allowances and informs the person that the entitlement has arisen, sending a notice to their e-mail address or in another way named in the law (PHS § 5 lg 1) [14]. To receive the allowance, an application is submitted to the Social Insurance Board (PHS § 6 lg 1) [4]. Family allowances are applied for by the parent raising the child, a guardian or a foster parent; in the cases listed in the law also, for example, by a person over 18 who has started living independently and is entitled to family allowances (PHS § 25 lg 1) [13].

• Deadline. A monthly family allowance is granted from the day the entitlement arises if the necessary documents are submitted within six months (PHS § 28 lg 1 p 1) [5]. If you apply later, the allowance is granted retroactively, but for no more than the six calendar months preceding the month of application (PHS § 28 lg 2) [5].
• Decision. The Social Insurance Board decides whether to grant family benefits within 30 working days of a proper application (PHS § 8 lg 1) [7].
• Second and subsequent child. If the Board establishes that the entitlement concerns a second or subsequent child, child allowance and the large family allowance are granted by an administrative operation (toiming) to the current recipient of family allowances, if family allowances are paid for the previous child and the previous child's parents are the same persons (PHS § 28 lg 6) [5]. The allowance is paid to the current recipient unless, within 14 calendar days of receiving the notice, that person applies to waive the allowances or the other parent applies for them (PHS § 28 lg 7) [5].

What if the parents live apart?

If a child grows up equally with both parents who live apart, the child is counted in one parent's family according to the parents' agreement (PHS § 26 lg 3) [8]; in that case the applicant is the parent in whose family the child was counted (PHS § 25 lg 2) [13]. If the parents wish to use the entitlement in turns, the new applicant submits an application bearing the consent of the person who has received the allowance so far (PHS § 6 lg 1) [4].

The Supreme Court (Riigikohus) declared this consent requirement unconstitutional and invalid to the extent that it does not allow the Social Insurance Board, without the consent of the parent currently receiving the allowance, to decide that parents living apart receive child allowance and the large family allowance for their common child in turns, where the child grows up in turns for approximately equal periods in both parents' families (RK 3-18-1672/38) [15]. The court also noted that unequal treatment cannot be justified by administrative difficulties or by shortcomings of the Board's information system (RK 3-18-1672/38) [15].

What the law says

• „Lapsetoetuse saamise õigus on igal lapsel sündimisest kuni 19-aastaseks saamiseni.“ [1] (translation: every child is entitled to child allowance from birth until the age of 19; PHS § 17 lg 1) – the entitlement belongs to the child and starts at birth.
• „Lapsetoetuse suurus pere esimese ja teise lapse kohta on 80 eurot. Kolmanda ja iga järgmise lapse kohta on lapsetoetuse suurus 100 eurot.“ [1] (translation: child allowance for the first and second child of a family is 80 euros; for the third and each subsequent child it is 100 euros; PHS § 17 lg 3) – the third and each further child brings a higher allowance.
• „Lasterikka pere toetuse suurus kolme kuni kuut last kasvatavale perele on 450 eurot.“ [3] (translation: the large family allowance for a family raising three to six children is 450 euros; PHS § 21 lg 2) – an additional allowance for families with at least three children.
• „Lasterikka pere toetuse suurus seitset või enamat last kasvatavale perele on 650 eurot.“ [3] (translation: the large family allowance for a family raising seven or more children is 650 euros; PHS § 21 lg 3) – with seven or more children the allowance is higher.
• „Peretoetuste suuruse kindlakstegemisel võetakse arvesse kõik peres koos kasvavad lapsetoetusele õigust omavad lapsed.“ [8] (translation: in determining the amount of family allowances, all children growing up together in the family who are entitled to child allowance are taken into account; PHS § 26 lg 1) – what counts is the children growing up together who are entitled to child allowance.

What to do

1. Keep an eye on your e-mail: the Social Insurance Board informs you when an entitlement arises (PHS § 5 lg 1) [14].
2. If the allowance has not been granted without an application, apply to the Social Insurance Board (PHS § 6 lg 1) [4] – preferably within six months of the entitlement arising, so that it is granted from that day (PHS § 28 lg 1) [5].
3. When a second or subsequent child is born, read the Board's notice: if the other parent wants to receive the allowance instead of the current recipient, they must apply within 14 calendar days of the current recipient receiving the notice; otherwise the allowance is paid to the current recipient (PHS § 28 lg 7 and 8) [5].
4. If you live apart from the child's other parent and the child grows up equally with both of you, agree on whose family the child is counted in (PHS § 26 lg 3) [8].
5. Inform the Social Insurance Board without delay if you or the child move to live or study in another country, if a family member starts work in a European Economic Area state or Switzerland, or if you receive family benefits from a foreign state (PHS § 9) [16].

Frequently asked questions

Can child allowance be claimed retroactively?

Yes, but for no more than the six calendar months preceding the month of application (PHS § 28 lg 2) [5].

What happens when the eldest child turns 19?

If the child no longer meets the conditions of child allowance (PHS § 17 lg 1 and 2) [1], the child is not counted in determining the amount of family allowances (PHS § 26 lg 1) [8]. For the large family allowance, at least three children meeting these conditions must be growing up in the family (PHS § 21 lg 1) [3].

Is the allowance paid if the child studies abroad?

A child who is away from the family because of studies abroad is also entitled to family benefits (PHS § 4 lg 2) [11]. For a child over 19 studying abroad, payment continues after the educational institution's certificate is submitted, until the day before the start of the new academic year; if the certificate is submitted later, the allowance is paid retroactively, but for no more than the six months preceding its submission (PHS § 29 lg 3) [10].

Can a child over 18 apply for the allowance themselves?

Yes, family allowances may be applied for by a person over 18 who has started living independently and is entitled to family allowances (PHS § 25 lg 1 p 4) [13].