Not everyone has to pay the broadcasting fee: there is an exemption for social benefits, disability or in nursing homes. Hardship cases are possible – retroactively up to three years.
Claimant groups with exemption or reduction
People who receive certain social benefits can be exempt from the broadcasting fee requirement. These include citizen’s allowance according to SGB II, assistance with living expenses or basic security according to SGB Assistance for the blind or assistance with care also entitles you to exemption.
The following applies to people with severe disabilities: Anyone who has the symbol “RF” on their ID only pays a third of the contribution (6.12 euros per month). If there is also a social benefit, complete exemption is also possible.
The Interstate Broadcasting Treaty regulates typical cases for exemption from the obligation to pay contributions: recipients of basic security, social assistance, benefits under the AsylbLG or training funding as well as people with severe hearing or visual impairments, if appropriate evidence is available.
Hardship regulations and special cases
Not only those receiving social benefits can be exempted from paying broadcasting contributions. Hardship cases are also envisaged: If your income is less than 18.36 euros above your individual needs, an exemption is possible. The same applies if someone deliberately waives a social benefit they are entitled to – the prerequisite is an approval notice from the authority and a written declaration of waiver (Section 46 Paragraph 1 SGB I).
For students who are not entitled to BAföG, for example in their second degree or after the maximum funding period has expired, a hardship regulation is also an option. Pensioners can be exempt if they receive basic security in old age; If your income is slightly higher, an individual case assessment will be carried out.
Special living situations are also taken into account: residents of old people’s and nursing homes who are cared for on a full-time basis can deregister. Owners of secondary apartments benefit from an exemption under certain conditions. There are important court decisions on this: In 2018, the Federal Constitutional Court confirmed the constitutionality of the broadcasting fee, but corrected the requirement for secondary apartments. Building on this, in 2023 the Federal Administrative Court granted a plaintiff a retroactive exemption for her secondary apartment in the period from July 2018 to April 2019.
Who has no claim
In many cases no exemption applies. Recipients of unemployment benefit I, housing benefit or transitional benefit are generally not entitled to it, even if their financial situation may be tense.
Personal reasons such as dissatisfaction with the program or structures of public broadcasting are also excluded – the Bavarian Administrative Court made it clear in 2023 that this is not a basis for an exemption. Religious or ideological beliefs are also not enough: the Koblenz Administrative Court decided in 2022 that the broadcasting fee does not violate freedom of belief and religion (ref. 3 K 697/22).
Application, evidence and deadlines
The application for exemption can be easily submitted online. It is important that the necessary evidence is enclosed: The documents must clearly state the name, type of service approved and the service period. Original documents should not be sent in as return is not guaranteed.
The exemption begins with the start of the service, which is proven by proof. It can be granted retroactively for up to three years from the date of application. CHIP points out that contributions already paid can also be refunded within this period – currently up to around 660 euros.
Effects in the household and special living situations
An approved exemption applies not only to the applicants themselves, but also to spouses or life partners and to children up to the age of 25 who live in the same household. Other adult roommates also benefit, provided their income or assets were taken into account when the social benefit was approved.
In principle, only one broadcasting fee has to be paid per apartment – regardless of how many people live there. In shared apartments, a contribution account is therefore sufficient. Student halls of residence are an exception: Here, each room with access from the common hallway is considered a separate “apartment” subject to contributions.
Special rules apply to the self-employed and freelancers if living space is also used as a business premises. In addition, vehicles that are not used exclusively for private purposes can be assessed with a third contribution.
Ultimately, there is no obligation to pay contributions for empty apartments – but only if they are unoccupied, there is no rental agreement and no one is registered there.
Editorial team finanzen.net