Federal Training Assistance Act

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Basic data
Title: Federal law on individual promotion of training
Short title: Federal Training Assistance Act
Abbreviation: BAföG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law , social law
References : 2212-2
Original version from: August 26, 1971
( Federal Law Gazette I p. 1409 )
Effective on: 1st September 1971
New announcement from: December 7, 2010
( Federal Law Gazette I p. 1952 , ber. 2012 I p. 197 )
Last change by: Art. 83 G of August 20, 2021
( Federal Law Gazette I p. 3932, 4033 )
Effective date of the
last change: 		January 1, 2025
(Art. 90 G of August 20, 2021)
GESTA : H006
Please note the note on the applicable legal version.

The federal education, Promotion Act ( BAföG ) regulates the state support for the education of pupils and students in Germany. The abbreviation BAföG is also used colloquially to refer to the funding resulting from the law.

According to Section 68 of Book I of the Social Code, the law is a special component of the Social Security Code and is to be classified there in the long term. BAföG is thus a social benefit .

The so-called Meister-BAföG (now Aufstiegs-BAföG ), with which the professional advancement training of craftsmen and other skilled workers is financially supported, is not regulated in the Federal Training Assistance Act , but in the Advancement Training Assistance Act (AFBG).

goals

The main goals of BAföG are to increase equality of opportunity in education and to mobilize educational reserves in the lower-income sections of the population. The funding goal is deemed to have been achieved with the acquisition of a university degree, even if no funding was used for this. A doctoral degree is therefore not funded; for the promotion of master’s courses, the law was extended in response to the Bologna process (see below, consecutive course).

The goal of equal opportunities in the sense of enabling all students to study without additional work, however, is only achieved to a limited extent. The social survey of the German Student Union shows that 67% of the students in Germany have a part-time job. In 2016, 57% of them stated that they were dependent on gainful employment in order to be able to earn a living.

story

Protest against BAföG cuts, Kiel 1971

After the discontinuation of the student grant based on the so-called Honnef model , which had existed since 1957, BAföG was introduced as a full grant (so nothing had to be repaid) under Willy Brandt's chancellorship for individually needy pupils and students. Compared to the previous model, it had a wider group of beneficiaries and guaranteed a legal right to funding . The funding thus became enforceable.

When the BAföG was introduced, the maximum funding for students roughly corresponded to the amount considered necessary by the German Student Union in its social survey at the time . The BAföG stipulates that the requirement rates and allowances are to be checked every two years. True, this has led to frequent increases; Over long periods, however, the funding remained well below the real need. Demands for a dynamization of the claim according to general price increases and student shopping carts or a targeted expansion in the direction of a basic income , however, remained unheard in the result.

The group of beneficiaries and the structure of the funding have changed again and again since the BAföG came into force. In the 1970s, the funding requirements were expanded and structural improvements were made. When promoting students, there was a transition from full funding to mixed funding through grants and basic loans. Funding for schoolchildren, especially at general schools, was made dependent on restrictive requirements.

In October 1982 there was a change of government; the almost 16-year reign of Helmut Kohl began. The universities were full because baby boomers 's college-age were. Apprenticeships were - also due to the economic situation, among other things. after the second oil crisis in 1979 - just under. The conversion of student funding to full loans (1983 to 1990) meant an average of ten semesters of study up to DM 70,000 in BAföG debt for students with the maximum rate. In addition, the training subsidy for pupils at general education schools has been practically abolished: since then, they have only been subsidized if they cannot live with their parents for educational reasons, i.e. due to an unreasonably large distance from the school.

The full loan subsidy was partially corrected in 1990 in connection with the extension of the scope of BAföG to the new federal states . East German students were granted a standard basic scholarship of 200 M (as of 1981) for all domestic and foreign students, which had existed in the GDR since 1953. For students who needed special support due to their social circumstances, the basic scholarship could be increased by 50 M per month. Since then, 50% of the funding in reunified Germany has been granted as a grant and 50% as a loan.

Due to numerous amendments to the law in the 1980s and 1990s, which reduced the funding opportunities, BAföG reached its low point in 1998. BAföG was only a (partial) source of funding for just under 13 percent of students.

After the federal election in 1998 , Gerhard Schröder formed the first red-green government coalition. In 2001 it decided on a far-reaching reform that removed many of the restrictions of the Kohl era. Additional changes were made, for example, through the exemption of child benefit from the income deduction. In addition, since then only a maximum of EUR 10,000 of the loan has to be repaid (so-called capping principle for the residual loan debt). After this reform, BAföG gained significantly in importance again. In 2003, more than 25% of students received BAföG funding.

According to the Federal Statistical Office, 510,000 students and 312,000 pupils received BAföG in 2008. Students received an average of 398 euros a month, schoolchildren 321 euros. Not all received money all year round, 52 percent the maximum. In 2008, the federal and state governments spent over 2.3 billion euros on BAföG funding. In 2010 it was almost 2.9 billion euros.

In 2010 the Federal Government of Merkel decided to amend the BAföG. The general age limit of 30 years has been raised to 35 years for master’s courses. Gifted and performance-based scholarships of up to 300 euros per month have since been a credit to the requirements record except for BAföG. The BAföG regulations that apply to marriage and spouses now also apply to partners in a registered civil partnership .

Until 2012, a partial waiver was granted for the interest-free state loan if the final examination was completed particularly well or the training was completed particularly quickly.

In August 2014, Federal Education Minister Wanka announced that the training subsidy would be increased by a total of 7% from autumn 2016. In this, the maximum housing supplement rate is to be increased by 11%. According to official calculations, the increase in consumer prices since the last increase in 2010 to 2014 should already amount to 7%.

With the 25th BAföG Amendment Act, the Federal Council approved on December 19, 2014 that the federal government should finance all of the training grants. This relieves the federal states of around 1.2 billion euros annually, which are to be used for additional investments in universities. For the school year or winter semester 2016/17, the federal government will increase the requirement rates and allowances by 7%. This increases the number of potential recipients by around 110,000 students. Third-country nationals with residence permits for humanitarian or family reasons can in future apply for BAföG after 15 months instead of the previous four years of residence in Germany.

Despite the BAföG Amendment Act 2014, the number of BAföG recipients has decreased. While 25% of students received student loans in 2003 (see above), it was 20% in 2016. According to a study by the student union, more and more students have to work to make a living. The 26th BAföG Amendment Act of 2019 is intended to counteract this.

Change history

Education Promotion Act 1970 to 1971
Beginning of legal force End of legal force title Type of issue Made out Proclaimed Publication in BGBl.
July 1, 1970 September 30, 1971 First law on individual promotion of training First announcement 19th September 1969 September 24, 1969 Federal Law Gazette I p. 1719
1st January 1971 September 30, 1971 Second law amending the first law on individual advancement of training modification March 9, 1971 March 13, 1971 Federal Law Gazette I p. 177
1st January 1971 September 30, 1971 Third law amending the First Law on Individual Promotion of Education modification May 14, 1971 May 18, 1971 Federal Law Gazette I p. 666
Federal Training Assistance Act (BAföG) since 1971
Legal force 1 title Type of issue Made out Proclaimed Federal Law Gazette
1st September 1971 Federal law on the individual promotion of training First announcement August 26, 1971 August 31, 1971 Federal Law Gazette I p. 1409
1st August 1973 Law amending the Federal Training Assistance Act and the Employment Promotion Act modification November 14, 1973 November 16, 1973 Federal Law Gazette I p. 1637
August 1, 1974 Second law amending the Federal Training Assistance Act modification July 31, 1974 3rd August 1974 Federal Law Gazette I p. 1649
August 1, 1974 Third law amending the Federal Training Assistance Act modification July 31, 1975 5th August 1975 Federal Law Gazette I p. 2081
1st January 1975 Introductory Act to the Criminal Code modification March 2nd 1974 March 9, 1974 Federal Law Gazette I p. 469
August 1, 1975 Law to improve the household structure 2 modification 18th December 1975 20th December 1975 Federal Law Gazette I p. 3091
1st September 1975 Student Health Insurance Act modification June 24, 1975 June 28, 1975 Federal Law Gazette I p. 1536
January 1, 1976 Social code modification December 11, 1975 December 13, 1975 Federal Law Gazette I p. 3015
April 1, 1976 Announcement of the new version of the Federal Act on Individual Promotion of Training 2 New version April 9, 1976 April 22, 1976 Federal Law Gazette I p. 989
April 1, 1977 Fourth law amending the Federal Training Assistance Act modification April 26, 1977 April 30, 1977 Federal Law Gazette I p. 653
August 1, 1978 Fifth law amending the Federal Training Assistance Act modification 17th November 1978 November 24, 1978 Federal Law Gazette I p. 1794
July 1, 1979 Sixth law amending the Federal Training Assistance Act modification July 16, 1979 July 21, 1979 Federal Law Gazette I p. 1037
August 1, 1980 Law on measures for refugees admitted as part of humanitarian aid operations modification July 22, 1980 July 29, 1980 Federal Law Gazette I p. 1057
January 1, 1981 Social code modification August 18, 1980 August 26, 1980 Federal Law Gazette I p. 1469
August 1, 1981 Seventh law amending the Federal Training Assistance Act modification July 13, 1981 July 14, 1981 Federal Law Gazette I p. 625
January 1, 1982 Second law to improve the budget structure modification 22nd December 1981 December 29, 1981 Federal Law Gazette I p. 1523
August 1, 1982 Law on the asylum procedure modification July 16, 1982 July 21, 1982 Federal Law Gazette I p. 946
January 1, 1983 Law to revitalize the economy and employment and to relieve the federal budget modification December 20, 1982 23rd December 1982 Federal Law Gazette I p. 1857
July 1, 1983 Social code modification 4th November 1982 November 9, 1982 Federal Law Gazette I p. 1450
August 1, 1983 Announcement of the federal law on individual promotion of training New version June 6, 1983 June 8, 1983 Federal Law Gazette I p. 645
August 1, 1983 Correction of the new version of the Federal Training Assistance Act Rectification December 23, 1983 December 31, 1983 Federal Law Gazette I p. 1680
August 1, 1983 Ninth law amending the Federal Training Assistance Act modification June 26, 1985 June 28, 1985 Federal Law Gazette I p. 1243
July 1, 1984 Eighth law amending the Federal Training Assistance Act modification May 24, 1984 May 29, 1984 Federal Law Gazette I p. 707
November 6, 1985 Decision of the Federal Constitutional Court of November 6, 1985 - 1 BvL 47/83 BVerfG decision January 30, 1986 February 15, 1986 Federal Law Gazette I p. 257
July 1, 1986 Tenth law amending the Federal Training Assistance Act modification June 16, 1986 June 24, 1986 Federal Law Gazette I p. 897
January 1, 1987 Eleventh law amending the Federal Training Assistance Act modification June 21, 1988 June 24, 1988 Federal Law Gazette I p. 829
January 1, 1989 Law on structural reform of the health system modification December 20, 1988 December 29, 1988 Federal Law Gazette I p. 2477
April 1, 1990 Twelfth law amending the Federal Training Assistance Act modification May 22, 1990 May 29, 1990 Federal Law Gazette I p. 936
August 1, 1990 Thirteenth law amending the Federal Training Assistance Act modification December 20, 1990 December 29, 1990 Federal Law Gazette I p. 2982
October 3, 1990 3 Law on the Treaty of August 31, 1990 between the Federal Republic of Germany
and the German Democratic Republic on the establishment of the unity of Germany
- Unification Treaty Act - and the Agreement of September 18, 1990 4 		modification September 23, 1990 September 28, 1990 Federal Law Gazette II p. 885
January 1, 1991 Fourteenth law amending the Federal Training Assistance Act modification July 30, 1991 August 06, 1991 Federal Law Gazette I p. 1732
July 1, 1992 Fifteenth law amending the Federal Training Assistance Act modification June 19, 1992 June 26, 1992 Federal Law Gazette I p. 1062
July 25, 1993 Sixteenth law amending the Federal Training Assistance Act modification July 13, 1993 July 24, 1993 Federal Law Gazette I p. 1202
September 18, 1993 Law to improve tax conditions to secure Germany
as a business location in the European single market		 modification September 13, 1993 17th September 1993 Federal Law Gazette I p. 1569
January 1, 1994 5 Act implementing the Agreement of May 2, 1992 on the European Economic Area modification April 27, 1993 April 30, 1993 Federal Law Gazette I p. 512
January 1, 1994 Second law implementing the savings, consolidation and growth program modification December 21, 1993 December 30, 1993 Federal Law Gazette I p. 2374
July 1, 1994 Law to secure and improve the structure of statutory health insurance modification December 21, 1992 December 29, 1992 Federal Law Gazette I p. 2266
July 1, 1994 Second law to correct SED injustice modification June 23, 1994 June 29, 1994 Federal Law Gazette I p. 1311
January 1, 1995 Law on social security against the risk of long-term care modification May 26, 1994 May 28, 1994 Federal Law Gazette I p. 1014
January 10, 1995 Decision of the Federal Constitutional Court of January 10, 1995 - 1 BvL 20/87, 1 BvL 20/88 BVerfG decision March 23, 1995 April 07, 1995 Federal Law Gazette I p. 478
July 1, 1995 Seventeenth law amending the Federal Training Assistance Act modification July 24, 1995 July 28, 1995 Federal Law Gazette I p. 976
October 21, 1995 Annual Tax Act 1996 modification October 11, 1995 October 20, 1995 Federal Law Gazette I p. 1250
August 1, 1996 Eighteenth law amending the Federal Training Assistance Act 6 modification July 17, 1996 July 24, 1996 Federal Law Gazette I p. 1006
August 1, 1996 Law on the Reform of Social Welfare Law modification July 23, 1996 July 29, 1996 Federal Law Gazette I p. 1088
August 1, 1996 Nineteenth law amending the Federal Training Assistance Act modification June 25, 1998 June 29, 1998 Federal Law Gazette I p. 1609
5th July 1997 Law to improve rehabilitation regulations for victims of political persecution in the former GDR modification July 1, 1997 4th July 1997 Federal Law Gazette I p. 1609
October 14, 1997 Decision of the Federal Constitutional Court of October 14, 1997 - 1 BvL 5/93 BVerfG decision February 6, 1998 March 11, 1998 Federal Law Gazette I p. 427
January 1, 1998 7 Employment Promotion Reform Act modification March 24, 1997 March 27, 1997 Federal Law Gazette I p. 594
November 10, 1998 Decision of the Federal Constitutional Court of November 10, 1998 - 1 BvL 50/92 BVerfG decision January 13, 1999 February 08, 1999 Federal Law Gazette I p. 79
February 2, 1999 Decision of the Federal Constitutional Court of February 2, 1999 - 1 BvL 8/97 BVerfG decision March 29, 1999 April 14, 1999 Federal Law Gazette I p. 699
May 13, 1999 Twentieth law amending the Federal Training Assistance Act modification May 7, 1999 May 12, 1999 Federal Law Gazette I p. 850
January 1, 2000 Law on the restructuring of the federal budget modification December 22, 1999 December 28, 1999 Federal Law Gazette I p. 2534
January 1, 2000 Family Promotion Act modification December 22, 1999 December 28, 1999 Federal Law Gazette I p. 2552
January 1, 2000 Law on the Adjustment of Tax Regulations modification December 22, 1999 December 29, 1999 BGBl. I p. 2601
December 31, 2000 Law amending rehabilitation regulations modification December 20, 2001 December 28, 2001 Federal Law Gazette I p. 3986
January 1, 2001 Law introducing the euro in social and labor law and amending other regulations modification December 21, 2000 December 29, 2000 Federal Law Gazette I p. 1983
April 1, 2001 Law on the Reform and Improvement of Training Aid - Training Aid Reform Act modification March 19, 2001 March 26, 2001 Federal Law Gazette I p. 390
no 8 Law to control and limit immigration and to regulate the residence and integration
of Union citizens and foreigners		 modification June 20, 2002 June 25, 2002 Federal Law Gazette I p. 1946
December 18, 2002 Decision of the Federal Constitutional Court of December 18, 2002 - 2 BvF 1/02 BVerfG decision January 16, 2003 January 29, 2003 Federal Law Gazette I p. 126
August 22, 2003 Law on the restructuring of the federal development banks modification August 15, 2003 August 21, 2003 Federal Law Gazette I p. 1657
January 1, 2005 9 Third law for modern services in the labor market modification December 23, 2003 December 27, 2003 Federal Law Gazette I p. 2848
January 1, 2005 Fourth law for modern services in the labor market modification December 24, 2003 December 29, 2003 Federal Law Gazette I p. 2954
January 1, 2005 Law on the classification of social assistance law in the social security code modification December 27, 2003 December 30, 2003 Federal Law Gazette I p. 3022
January 1, 2005 Law to control and limit immigration and to regulate the residence and integration
of Union citizens and foreigners		 modification July 30, 2004 August 5, 2004 Federal Law Gazette I p. 1950
December 8, 2004 Twenty-first law amending the Federal Training Assistance Act modification December 2, 2004 December 7, 2004 Federal Law Gazette I p. 3127
January 1, 2006 Law on the reorganization of the federal finance administration and the creation of a refinancing register modification September 22, 2005 September 27, 2005 Federal Law Gazette I p. 2809
January 1, 2008 Twenty-second law amending the Federal Training Assistance Act modification December 23, 2007 December 31, 2007 Federal Law Gazette I p. 3254
December 16, 2008 Law on the promotion of children under three years of age in day care facilities and child day care modification December 10, 2008 December 15, 2008 Federal Law Gazette I p. 2403
January 1, 2009 Law on the labor market-adequate control of the immigration of highly qualified people and on the amendment of
other regulations on residence law		 modification December 20, 2008 December 24, 2008 Federal Law Gazette I p. 2846
October 28, 2010 Twenty-third law amending the Federal Training Assistance Act modification October 24, 2010 October 27, 2010 Federal Law Gazette I p. 1422
October 28, 2010 Announcement of the new version of the Federal Training Assistance Act New version December 7, 2010 December 16, 2010 Federal Law Gazette I p. 1952
October 28, 2010 Correction of the announcement of the new version of the Federal Training Assistance Act Rectification February 7, 2012 February 13, 2012 Federal Law Gazette I p. 197
June 21, 2011 Decision of the Federal Constitutional Court of June 21, 2011 - 1 BvR 2035/07 BVerfG decision August 12, 2011 August 19, 2011 Federal Law Gazette I p. 1726
November 26, 2011 Law for the implementation of residence law directives of the European Union and for the adaptation of
national legal provisions to the EU visa code		 modification November 22, 2011 November 25, 2011 Federal Law Gazette I p. 2258
December 14, 2011 Twenty-fourth law amending the Federal Training Assistance Act modification December 6, 2011 December 13, 2011 Federal Law Gazette I p. 2569
January 1, 2012 Correction of the announcement of the new version of the Federal Training Assistance Act modification December 7, 2011 December 13, 2011 Federal Law Gazette I p. 2592
April 1, 2012 Law to improve the chances of integration in the labor market modification December 20, 2011 December 27, 2011 Federal Law Gazette I p. 2854
2nd December 2013 Law to improve the rights of persons entitled to international protection and foreign workers modification 29th August 2013 5th September 2013 Federal Law Gazette I p. 3484
January 1, 2015 Twenty-fifth law amending the Federal Training Assistance Act modification December 23, 2014 December 31, 2014 Federal Law Gazette I p. 2475
August 1, 2015 Law on the redefinition of the right to stay and the termination of residence modification July 27, 2015 July 31, 2015 Federal Law Gazette I p. 1386
5th April 2017 Act to dismantle dispensable written orders in federal administrative law modification 29th March 2017 4th April 2017 Federal Law Gazette I p. 626
August 1, 2018 Law on the new regulation of family reunification to beneficiaries of subsidiary protection modification July 12, 2018 17th July 2018 Federal Law Gazette I p. 1147
16th July 2019 Twenty-sixth law amending the Federal Training Assistance Act modification July 8, 2019 15th July 2019 Federal Law Gazette I p. 1048
January 1, 2020 Law for Better and More Independent Exams modification December 14, 2019 20th December 2019 Federal Law Gazette I p. 2789
March 1, 2020 Law to compensate for COVID-19-related financial burdens on hospitals and other health facilities modification March 27, 2020 March 27, 2020 Federal Law Gazette I p. 580
March 1, 2020 Law to Support Science and Students Due to the COVID-19 Pandemic modification May 25, 2020 May 28, 2020 Federal Law Gazette I p. 1073
November 24, 2020 Act on the current adaptation of the Freedom of Movement Act / EU and other provisions to Union law modification November 12, 2020 23rd November 2020 Federal Law Gazette I p. 2416

Legend

1What is meant is the earliest point in time at which the legal force takes effect through the entry into force of a law and an amendment to the Federal Training Assistance Act. A later legal force can be determined for individual norms.
2The law for the improvement of the budget structure within the scope of the Employment Promotion Act and the Federal Supply Act of December 18, 1975 ( Federal Law Gazette I p. 3113 ), which was taken into account in number 8 in the announcement of the new version of BAföG of April 9, 1976 ( Federal Law Gazette I p. 3113 ) represents only an amendment to the draft law of December 18 December 1975 issued budget structure law ( Federal Law Gazette I p. 3091 ). It has no effects in the field of training support law.
3 Retroactive effect of individual legal facts from the FRG and the GDR.
4th Contains the contract between the Federal Republic of Germany and the German Democratic Republic on the establishment of the unity of Germany (Federal Law Gazette II p. 889) as well as Annex I of the contract with the contained Chapter XVI of the division of the Federal Minister for Education and Science in subject area B Training funding ( Federal Law Gazette II p. 1132).
5Announcement of the entry into force on December 30, 1993 in the Federal Law Gazette with effect from January 1, 1994 ( Federal Law Gazette I p. 2436 ).
6thParts of the law were deleted by the nineteenth law amending the Federal Training Assistance Act before it came into force ( Federal Law Gazette I, p. 1609 ).
7thIn the announcement of the new version of BAföG of December 7, 2010 reference is erroneously made in number 23 to January 1, 1997 ( Federal Law Gazette I, p. 1952 ). Article 83 of the law concerned here specifies January 1, 1998.
8thThe Federal Constitutional Court approved the law to control and limit immigration and to regulate the residence and integration of Union citizens and foreigners in the version of June 20, 2002 ( Federal Law Gazette I, p. 1946 ) with a decision on file number 2 BvF 1/02 of 18 December 2010 ( Federal Law Gazette I p. 126 ) declared null and void, so that the proposed changes to the Federal Training Assistance Act have no effect.
9Contrary to the announcement of the new version of BAföG of December 7, 2010, number 35 of the aforementioned law ( Federal Law Gazette I, p. 1952 ) does not specify that it will come into force on the day after the announcement, so that it will not come into force on December 28, 2003. January 1, 2005 is correct.

Eligible training

BAföG office of the University of Wuppertal.

Form of training

According to the BAföG, attending general schools from grade 10, technical schools and vocational schools , schools of the second educational path , academies and universities can be funded. However, there are considerable restrictions for the promotion of schoolchildren. Training in the dual system cannot be funded under BAföG; in this respect, however, vocational training allowance comes into consideration.

In principle, only initial training can be funded. There are considerable restrictions for funding after a change of subject or dropping out of training, unless it is an initial and early decision. A change is usually possible without further justification until the end of the second semester . An “important” reason is expected by the end of the third semester (or if you lose a maximum of three semesters due to the change). After that, a change without losing the BAföG is only possible if there is an “irrefutable” reason.

With the increasing conversion of study programs to the Bachelor - Master structure, problems arise because the Bachelor degree is basically designed as the first professional qualification, a subsequent Master’s degree must therefore already be regarded as a second training and can only be funded if if it “builds on” a bachelor's degree and usually follows on seamlessly (so-called “consecutive” degree).

Distance learning is only funded for a maximum of 12 months if the course can also be completed in these 12 months and the course is carried out “full-time”. In the case of three-year studies, the last year can be funded.

At home and abroad

In addition to training in Germany, since January 1, 2008, studies at a university in the EU or Switzerland that have been spent entirely abroad have also been funded. German students who are entitled to BAföG in Germany can apply for BAföG abroad for stays abroad. Because of the higher demand there (increased living costs, travel costs and possibly tuition fees), an application can also be worthwhile for those who do not receive funding in Germany due to higher incomes.

Furthermore, a grant is possible for students who want to spend a year abroad.

The European Court of Justice ruled that the previously applied regulation, according to which training abroad was only funded if it represented the continuation of training that had been started for at least one year in Germany, violated the principle of freedom of movement . In January 2010, the Münster Administrative Court ruled that people who live permanently in another EU country and study there can in principle receive BAföG funding.

According to media reports there were in the case of a No Deal - Brexits after a transitional period of one year no chance for a BAFöG-funded study abroad in the UK.

personal requirements

The performance of the pupil or student must lead to the expectation that the intended educational goal will be achieved; this is basically proven by regular visits to the training facility. From the fifth semester of a university education, funding is only granted if the person concerned has reached the normal required level of performance in the fourth semester in good time. In particularly justified cases (illness, disability, child care, etc.) the deadline can be exceeded.

Foreigners can generally claim BAföG benefits if they have a right of residence in Germany that is independent of their education , for example because they grew up here or derive their right of residence from their parents or their partner who live here. In a few cases - for example for foreigners with a " Duldung " - a minimum stay of 15 months (from August 2016), previously of four years, is also required. On the other hand, if you have a right of residence for training purposes only, you can generally not claim any BAföG benefits, even if you are a Union citizen, see § 8 BAföG.

Trainees must be younger than 30 years of age at the beginning of the training phase (e.g. studies), unless certain exceptional circumstances, such as looking after children or relatives in need of care or acquiring a university entrance qualification on the second educational path, justify exceeding the age limit. As a rule, the age limit for starting a master’s degree is 35 years.

Amount of benefits

The cash benefits under BAföG are based on lump-sum amounts (requirement), which are offset against the student's own income and assets, as well as the income of his spouse and - as a rule - his parents. The BAföG is therefore "family-dependent".

Needs for subsistence

valid Basic requirement accommodation total source
from August 1, 2020 398 EUR 325 EUR 723 EUR
from July 16, 2019 391 EUR 325 EUR 716 EUR

from August 1, 2016 372 EUR 250 EUR 622 EUR
from August 1, 2010 348 EUR 224 EUR 572 EUR
from August 1, 2008 341 EUR 146 EUR + 72 EUR EUR 487 to EUR 559
from August 1, 2008 EUR 310 133 EUR + 64 EUR EUR 443 to EUR 507

The requirement rates differ according to the type of training and are made up of a general requirement rate and a flat-rate accommodation component, which depends on whether the person to be sponsored lives with their parents or not. In addition, there is a health and long-term care insurance surcharge for people who have to insure themselves (from the age of 25) ( student health insurance ) and - under strict conditions - a hardship surcharge, for example in the case of particularly high accommodation costs or boarding school accommodation. The maximum BAföG rate and the rental surcharge can be found in the table below, there excluding health and long-term care insurance surcharge (109 euros, 189 from age 30) of which 50% of the maximum requirement is granted as a non-interest-bearing loan. In addition, there is the child benefit that is attributable to the sponsored, free of charge (previously only for incomes below approx. 8,000 euros).

Since 2020 there has been a surcharge of 150 euros ( § 14b BAföG) if you live in a household with your own child under the age of 14. For each additional child under the age of 14, you also receive 150 euros.

Due to the flat rate of BAföG benefits, it can happen in individual cases that the reasonable costs for accommodation and heating are not covered. Schoolchildren and students living with their parents are entitled to additional benefits in accordance with SGB II if they receive BAföG, only do not receive it because income or assets are offset, or if their BAföG application has not yet been decided (Section 7, Paragraph 6, No. 2 SGB II). Students who do not live with their parents do not have this option; they can only get a loan from the job center in the event of particular hardship (Section 27 (3) sentence 1 SGB II).

Crediting of income and assets

The amounts that the sponsor and his / her family can raise from their own resources are offset against the flat-rate determined requirement - also flat-rate.

Income and assets of the trainee

The (current) income of the person to be funded is primarily credited to their needs. This income must be estimated in advance. However, due to the deduction of tax exemptions, students doing part-time jobs remain free of credit of 450 euros per month (5,400 euros in 12 months).

In general, the “income in the sense of BAföG” cannot be equated with what is usually understood as gross income or net income . In the case of a training allowance, for example, there is no allowance; it is fully offset against the need. Child benefit has not been included since 2001. If, after the end of the regular one-year approval period, it is clear what income the sponsored person actually had during this period, the subsidy office finally calculates the entitlement to training subsidies. Overpaid training grants will be reclaimed, otherwise an additional payment will be made.

A calculation with a detailed result is possible, but the Federal Ministry has not offered a calculator since the end of 2008. The BAföG calculator from Studis Online provides a sufficient approximation in most cases.

Any assets of the beneficiary (but not assets of spouses and parents!) Will also be taken into account, provided that they exceed the tax exemption of 8,200 euros. In the case of a sponsored person who is married or living in a civil partnership, the tax exemption increases by a further 2,300 euros and by 2,300 euros for each additional child. In cases of hardship, “a further part of the assets can remain free of credit” ( § 29 BAföG). Since January 2011, motor vehicles have also been included in the fair value. In addition to the income, one twelfth of the total assets in excess of the tax allowance are offset against the monthly requirement. The financial credit plays an important role in practice for several years, because by so-called. Control releases of tax assets is reviewed at the BAföG offices on exemption applications.

Data comparison of exemption orders by the tax office

Every year, data is compared for every BAföG recipient. People who received interest income of more than € 100 in the previous year are reported to the Office for Educational Support. The interest income is transmitted to the tax office via the exemption order at the banks. The account numbers, account names and the respective interest income are reported to the Office for Educational Support. BAföG recipients who have received interest of over € 100 per year must provide evidence of their actual assets. If this remains below the exemption limit, everything is “just” administrative action and does not entail any consequences. This also applies to married people. Since the exemption orders must be issued jointly, these are also reported to the BAföG office. If the recipient can prove the origin of the interest and declare that it is interest income from the partner, this procedure is again to be processed “only” as an administrative act. A declaration is required for each year in which the interest income was above € 100. It does not matter whether the recipient is always below the exemption limit.

Income of spouses, domestic partners and parents

The crediting of the income of the spouse, registered partner and the parents of the trainee is not based on the current situation, but on the situation in the year before last, before the start of the approval period. The starting point for spouses and parents is the "income as defined by BAföG", on which various allowances are granted, namely the basic allowance, which is EUR 1,145 for the spouse and parents living apart and EUR 1,715 for parents who are not separated. For children of the income recipient who are not in an education eligible for BAföG and other dependents, 520 euros are granted each and for stepparents 570 euros each. An additional percentage tax credit is added. It amounts to another 50% of the income in excess of the fixed exemptions and a further 5% for each dependent person taken into account. An additional hardship allowance can be granted under strict conditions. The remaining income after deduction of all exemptions will be credited proportionally to the eligible siblings and the applicant.

Update request

In the event that the spouse or one of the parents has significantly less income in the current year than two years ago, an update request can be submitted. In this case, the income from the year before last is taken as the basis, but - by way of a forecast - the current income in the years of the approval period. The resulting payment of training grants is made subject to the reimbursement. After the income in the years of the approval period has been determined at a later point in time (usually by means of corresponding income tax assessments), the funding office makes a final decision on the amount of funding. Overpaid training grants will be reclaimed, otherwise an additional payment will be made .

Advance payments

If parents refuse to provide the necessary information about their income or do not provide the trainee with maintenance in the amount of the flat-rate amount, the trainee can claim advance payments from the funding agency. The office then pays him the amount of support that arises without offsetting parental income, but can claim the parents themselves for the refused benefits and, if necessary, sue for maintenance before the family court. If the trainee is obviously no longer entitled to maintenance under civil law against the parents, then support is to be paid analogously without taking parental income into account, without recourse to the parents (BAföG VwV 36.1.17). Child benefit and actual benefits such as the provision of accommodation and benefits in kind are counted as maintenance.

Parent-independent support

Under certain conditions, apprentices are sponsored independently of their parents, in particular for training in the second educational path (e.g. for attending evening grammar school or college). This also applies if trainees “have reached the age of 30”, “have been employed for five years after reaching the age of 18” or have been employed for at least three years (72 months in total) and are economically on their own two feet after completing a “three-year vocational training” could ( § 11 Abs. 3 BAföG).

Funding period

BAföG is generally paid for the entire duration of the training, but only up to the end of the maximum funding period, which corresponds to the standard period of study of the respective degree program. Under strict conditions, training must also be funded beyond the maximum funding period, for example if the course could not be completed by the end of the maximum funding period due to failing the final exam for the first time, due to a disability, pregnancy or bringing up children. Beyond such an "appropriate" extension period, a degree can be claimed for a maximum of 12 months if the registration for the final examination is made no later than four semesters after the end of the maximum funding period (FHD) and can be completed within 12 months (Section 15, Paragraph 3 BAföG). If funding has been provided for an appropriate period beyond the FHD, the last month of the extended funding period takes the place of the FHD for the calculation of the graduation funding. In addition, funding can be granted over the maximum funding period to anyone who, as a trainee at a university, has participated in designated committees and statutory organs of the universities and the federal states, as well as in statutory organs of the student unions and the self-administration of students at these training facilities, such as student representatives.

Types of funding

Grant and loan

Students receive the BAföG benefit as a lost grant, i. i.e., this is not to be repaid. Students and trainees at higher technical schools and academies, on the other hand, receive half of the BAföG benefits as a subsidy and half as an interest-free state loan ; this also applies if, under certain conditions, students receive BAföG benefits beyond the general maximum funding period. The graduation aid for a final funding period of a maximum of twelve months has been granted as an interest-free government loan since September 2019.

In the case of training abroad, the so-called additional requirement (travel costs, tuition fees and - outside the EU - increased living costs) is paid as a subsidy up to certain maximum limits in accordance with the Surcharge Ordinance. Due to the increased requirement rates z. In some cases, students who cannot receive funding in Germany due to family income also receive partial funding for training abroad.

Loan repayment

The government loan is repaid in monthly installments of 130 euros (105 euros until March 2020), with three combined installments due every three months. Interest does not have to be paid unless a payment deadline is exceeded by more than 45 days.

The monthly income of up to EUR 1,260 (EUR 1,330 from October 2021) calculated according to BAföG is exempt from repayment; this amount increases for children, spouses, registered partners and single parents with no or low income. Even with a calculated monthly installment of less than 42 euros, there is no repayment. With the application for exemption from the repayment obligation , the income must be proven.

Anyone who received a BAföG loan for the first time from September 1, 2019 onwards has the following options:

  • 77-installment waiver: If 77 monthly installments in the stipulated amount (at least 42 euros) have been paid, the remaining debt is waived. This is 3,234 euros at 42 euros per month and 10,010 euros at 130 euros per month.
  • Cooperation waiver: After the repayment period of 20 years has expired, the remaining debt will be waived. The prerequisite is that the payment and cooperation obligations have not been breached, or have only been breached to a minor extent.

However, those who received state BAföG loans in whole or in part before September 1, 2019, had no waiver option. It was not until the 26th BAföG Amendment Act (2019) that the cooperation decree can also be applied to these so-called old debtors . To this end, those affected had to exercise the so-called right to choose between September 1, 2019 and February 29, 2020.

If the option has not been exercised during the period mentioned, the repayment period (according to the old law) can be extended to up to 30 years (including periods with exemption from the repayment obligation); at the end of the repayment period, the entire remaining debt must be paid.

If the loan is redeemed early, further parts will be waived depending on the amount (e.g. 5% for a loan amount of 500 euros, 38% from 24,000 euros, as of April 2020). It should be noted that the loan is capped to € 10,000 only after such a discount.

The Federal Office of Administration is responsible for repayment .

Remedies

Since it is a social benefit, there are no administrative costs for legal remedies (objection, interim injunctions, lawsuit, appeal, etc.) in the field of training subsidy law. Legal aid can be applied for for attorney's fees (if an appeal is made to a higher administrative court against judgments of the administrative court, a lawyer is required).

statistics

According to § 55 of the BAföG, different characteristics of each applicant are saved. This includes information about the trainee such as "gender, year of birth, nationality, marital status, dependent relationship of the children, residence during the training, type of vocational training qualification, training facility according to type and legal status, class or (specialist) semester, month and year of the End of the maximum funding period, amount and composition of income ... "" and the tax exemption ... "" and, if assets are credited , the amount of the assets according to § 27 and the hardship allowance ". In addition, characteristics of the spouse or life partner and the parents of the sponsored person are saved.

Storage of social and BAföG data

The storage of social data and the individual right to information of a social benefit recipient are regulated in Book 10 of the Social Security Code , along with other aspects of the administrative procedure under social law. In particular, the second chapter ( §§ 67–85a SGB ​​X) stipulates the conditions under which social data may be collected, stored, processed, transmitted, corrected, blocked and deleted. However, the Social Security Code only contains “incomplete regulations on the deletion of social data and their retention periods”. Inadmissibly stored data must be deleted in accordance with Section 84, Paragraph 2, Clause 1 of Book X of the Social Code. As soon as the data is no longer required by the authorities to fulfill their tasks, the data must also be deleted.

According to Section 81 (1) SGB X, there is a right to information for persons who believe that “their rights have been violated during the collection, processing or use of their personal social data”. Those affected can then receive information about stored social data and their origin, the recipients of the data when the data is passed on and the purpose of storage. However, this information can be refused without a reason. The data protection officer of the federal government or the competent authority can check the legality of the rejection. The information is free of charge ( § 83 SGB ​​X).

If the BAföG application is successful and you receive a notification, the data collected will be stored for six years. If the BAföG application is rejected based on assets, so-called "zero decision", the data will be stored for one year.

ECJ ruling of October 23, 2007

On October 23, 2007, the large chamber of the European Court of Justice ruled on the compatibility of the BAföG regulations on foreign funding with European law, more precisely with the freedom of movement of Union citizens guaranteed in Art. 17 , Art. 18 of the EC Treaty . The Court found that the requirement of previous one-year training in the country was contrary to freedom of movement (Case C-11/06 ). One possible reaction to this ruling was the acceleration of the legislative process with regard to the 22nd BAföG Amendment Act of December 23, 2007, which enables funding from the 1st semester in other EU countries and Switzerland (amendment to § 8 BAföG).

Relationship to SGB II

In principle, BAföG has priority over benefits from SGB ​​II, as it did in the days of social assistance (§ 26 BSHG ) . However, there are exceptional cases in which benefits under SGB II are granted despite the priority of BAföG.

In principle, Section 7 (5) SGB II regulates the priority of BAföG. According to Section 27 (3) sentence 1 SGB II, however, Alg II can be granted as a loan in cases of hardship. Such a hardship case can be, for example, if a student has almost finished his studies and would have to drop out of his studies without Alg II.

Section 7 (6) of the Second Book of the Social Code regulates the exception to the exception, thus constituting a basis for entitlement . Whoever isnot entitled to training grants based on Section 2 (1a) BAföG or whose needs are based on Section 12 (1) No. 1 of the BAföG or who attends an evening main school, an evening secondary school or an evening grammar school and isnot entitled to training grantsdue to § 10 paragraph 3 of the BAföG, receives benefits according to SGB II Semester, as this group of people is regularly denied BAföG on the grounds that the school does not use the workforce. Schoolchildren and students living with their parents are entitled to additional benefits in accordance with SGB II if they receive BAföG, only do not receive them because income or assets are offset, or if their BAföG application has not yet been decided (Section 7, Paragraph 6, No. 2 SGB II). Students who do not live with their parents do not have this option; they can only get a loan from the job center in the event of particular hardship (Section 27 (3) sentence 1 SGB II).

The right to additional needs that are not related to training is unaffected by the exclusion of benefits. According to Section 27 (2) SGB II, needy pupils and students are therefore entitled to the additional needs for single parents (Section 21 (3) SGB II), pregnant women after the 12th week of pregnancy (Section 21 (2) SGB II), costly nutrition (Section 21 para. 5 SGB II) and an unavoidable ongoing, not just one-time special additional requirement (Section 21 para. 6 SGB II).

If Alg II is paid and BAföG is subsequently approved, Alg II can be reclaimed retrospectively from the SGB II provider in accordance with Section 48, Paragraph 1, Clause 2, No. 3 of SGB ​​X. Here, the basic BAföG entitlement to earn income counts.

See also

literature

Broadcast reports

Web links

Individual evidence

  1. ↑ Middendorff, E., Apolinarski, B., Becker, K., Bornkessel, P. Brandt, T., Heißenberg, S. & Poskowsky, J: . The economic and social situation of students in Germany in 2016. Summary of the 21st social survey by the German Student Union. Federal Ministry of Education and Research (BMBF), 2017, p. 19 , accessed on November 9, 2020 .
  2. ↑ BAFOEGINI: "Information on full loan repayment" , as of July 18, 2018.
  3. ↑ Ordinance81. Retrieved June 2, 2018 .
  4. ↑ rp-online.de January 18, 2012: "Bafög expenses are skyrocketing"
  5. ↑ a b Text and changes by the twenty-third law amending the Federal Training Assistance Act
  6. ↑ Federal Ministry of Education and Research December 19, 2014: "Modern BAföG for an even better education"
  7. ^ Federal government report - Fewer and fewer people receive BAföG . In: Deutschlandfunk . ( deutschlandfunk.de [accessed December 17, 2017]).
  8. ^ "The most important changes", Federal Ministry of Education , accessed on January 15, 2020
  9. ↑ BAföG after changing your subject or dropping out of your studies?
  10. ^ Petersen / Mery: The application to study. Apply successfully for Bachelor and Master. 2010, Verlag Bildungspark, Offenbach am Main, ISBN 978-3-941356-02-3 , p. 316 f.
  11. ↑ ECJ, judgment of October 23, 2007 , C-11/06 and C-12/06
  12. ↑ Bafög judgment: Those who live abroad also get money. www.spiegel.de, January 28, 2010, accessed on January 30, 2010 .
  13. ^ Hermann-Josef Tenhagen: Passenger rights, investments, tuition fees: Brexit will be so hard for German consumers. In: Spiegel online. April 6, 2019, accessed April 6, 2019 .
  14. ↑ Federal Ministry of Education and Research December 19, 2014: " Modern BAföG for an even better education "
  15. ↑ BAföG for foreigners. In: bafoeg-rechner.de. January 23, 2016. Retrieved August 26, 2016 .
  16. ↑ § 13 BAföG in the version valid on 01.08.2020 through Article 2 G. v. July 8th, 2019 Federal Law Gazette I p. 1048
  17. ↑ § 13 BAföG in the version valid on July 16, 2019 by Article 1 G. v. July 8th, 2019 Federal Law Gazette I p. 1048
  18. ↑ § 13 BAföG in the version valid on 01.08.2016 through Article 1 G. v. 23.12.2014 Federal Law Gazette I p. 2475; 2015 Federal Law Gazette I p. 2557
  19. ↑ § 13 BAföG in the version valid on October 28, 2010 by Article 1 G. v. October 24, 2010 Federal Law Gazette I p. 1422
  20. ↑ a b § 13 BAföG in the version valid on 01.08.2008 through Article 15 G. v. 23.12.2007 Federal Law Gazette I p. 3254
  21. ↑ BAföG calculator. In: bafoeg-rechner.de. Retrieved August 29, 2014 .
  22. ↑ Asset control through data comparison. In: bafoeg-rechner.de. February 11, 2015, accessed August 26, 2016 .
  23. ↑ to § 36 Advance payment of training grants, on bafög.de
  24. ↑ Information page of the Federal Office of Administration , accessed on January 15, 2020
  25. ↑ Annex to Section 6, Paragraph 1 of the Loan Ordinance (Loan Ordinance) , information from the BVA
  26. ↑ Loans Ordinance § 6 Paragraph 2 , legal text at the Ministry of Education
  27. ↑ LVR-Landesjugendamt Rheinland: Duration of data storage, deletion and retention periods. (PDF; 5.6 MB) (No longer available online.) In: Social data protection in child and youth welfare. 2010, archived from the original on September 7, 2012 ; Retrieved September 19, 2012 .
  28. ^ Advice center BAföG office Hamburg on September 18, 2012
  29. ↑ Press release of the ECJ ( PDF file; 115 kB)
  30. ↑ Evening schoolchildren can also receive ALG II