Federal Training Assistance Act
|Title:||Federal law on individual promotion of training|
|Short title:||Federal Training Assistance Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Administrative law , social law|
|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
|January 1, 2025
(Art. 90 G of August 20, 2021)
|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.
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).
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.
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.
|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|
|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|
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.
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.
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 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
|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 (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” ( 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.
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 .
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.
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 ( Abs. 3 BAföG).
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.
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 .
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).
According tothe 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 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 ( 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 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(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 ( 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 , 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 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, 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.(5) SGB II regulates the priority of BAföG. According to Section 27 (3) sentence 1 SGB II, however,
basis for entitlement . Whoever isnot entitled to training grants based on (1a) BAföG or whose needs are based on (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 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).(6) of the Second Book of the Social Code regulates the exception to the exception, thus constituting a
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 SGB X. Here, the basic BAföG entitlement to earn income counts.Paragraph 1, Clause 2, No. 3 of
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