Achievement for education and participation

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Benefits for education and participation , also called education package or education and participation package (abbreviated as BuT or BTP ) are benefits that are provided in Germany as part of basic security for job seekers or social assistance for children, adolescents and young adults in need of assistance in addition to the standard needs or the Standard requirement levels are provided. The services are intended to ensure the decent subsistence level for children and young people as well as schoolchildren in the area of ​​social participation and participation in education.

According to Section 6b of the Federal Child Benefit Act, those entitled to child benefit can also receive benefits for education and participation for a child. This is the case if housing benefit is paid and the child is a household member to be taken into account, or if the child lives in the household of the person entitled to child benefit and a child's allowance is received for a child in accordance with Section 6a BKGG. It is not necessary for the child supplement to be paid for the child for whom the education and participation benefits are to be used.

On July 7, 2020, the Federal Constitutional Court declared the education package to be unconstitutional due to a violation of local self-government , because the federal government, contrary to Article 84 (1) sentence 7 of the Basic Law, assigned the municipalities new tasks. The regulations remain applicable until a new regulation, at the latest until December 31, 2021.

Basis of entitlement and application requirement

The basis for entitlement to educational and participation benefits are Section 19 (2), Section 28 of Book II of the Social Code , Section 34 of Book XII , Section 6b of the Federal Child Benefit Act and Section 3 (3) of the AsylbLG . While the children are entitled under SGB II or SGB XII, the entitlement under the BKGG is available to those entitled to child benefit , i.e. usually the parents.

The educational and participation benefits must be applied for separately ( Section 37 SGB ​​II). This does not apply to personal school requirements in the legal circles SGB II, SGB XII ( Section 37, Paragraph 1, Clause 2, SGB II or Section 34a, Paragraph 1, Clause 1, SGB XII) as well as people who receive benefits according to Section 2 AsylblG. A retroactive application is not possible. This does not apply to the retrospective use of benefits for the period from January 2011 to March 2011. According to Section 77 (8) SGB II, this could be requested until June 30, 2011. The application requirement also applies to social welfare recipients ( Section 34a, Paragraph 1, Sentence 1, SGB XII) and recipients of child allowance or housing benefit ( Section 9, Paragraph 3, Sentence 1 of the BKGG). When receiving child allowance or housing benefit, the entitlement exists retrospectively from the point in time from which the application requirements were met (Section 5 (1) BKGG), i.e. entitlement to child allowance or housing benefit existed, but retrospectively for a maximum of 12 months (Section 6b (2a) BKGG ). This has been in effect since 2013 and was most recently confirmed in the explanatory memorandum for the "Strong Family Act".

performance

The services are provided in accordance with Section 29 SGB ​​II and Section 34a SGB ​​XII as goods and services, in particular in the form of personalized vouchers or direct payments to providers of services to cover requirements. The cashless forms of benefits are intended to ensure that the benefits actually reach the children and young people. Deviating from this, the benefits for personal school needs and for necessary school transport are provided as cash benefits.

Recognized needs for students

Education and participation benefits are provided for students. These are people who have not yet reached the age of 25, attend a general or vocational school and do not receive any training allowance ( Section 28 (1) sentence 2 SGB II). Another institution through which compulsory schooling is fulfilled, such as the day-care center in Lower Saxony, is a general or vocational school within the meaning of this regulation. In contrast to this, there is no age limit in SGB XII and receiving a training allowance does not preclude entitlement to benefits.

School trips and school trips

  • Actual cost of attending one-day school trips and multi-day school trips . The costs are covered by vouchers or direct payments to the school. Children who attend a day-care center are also entitled . Neither a cap nor a reasonable cost restriction is allowed. A school exchange is also considered a class trip for the purposes of this regulation.

Personal school supplies

  • Personal school supplies for writing, calculating and drawing materials intended for personal use and consumption, such as fountain pens, ballpoint pens, pencils and crayons, calculators, set square, exercise books and folders, ink, erasers, handicraft materials, plasticine

Flat-rate payments of 100 euros on August 1st and 50 euros on February 1st of each year are made. The requirement will be recognized for the first time on August 1, 2011 (Section 77 (7) SGB II).

If, in justified individual cases, there is reason to believe that services are not being used appropriately, in particular because it becomes apparent that children and young people do not have the necessary equipment, the service provider can request evidence of appropriate use.

School transport

  • Actual costs for the transport to the nearest school of the chosen course of study , insofar as they are not covered by third parties and the person entitled to benefits cannot be expected to cover the expenses from the standard requirement. Under the term course of study, not only the type of school as such, but also certain special characteristics of the school must be taken into account (e.g. sports high school ).

The service is provided as a cash payment, unless there is a direct settlement with the local transport company.

Learning support

  • Appropriate learning support as a supplement to school offers ( private tuition , learning therapy ), if the support is suitable and necessary to achieve the learning goal specified in the education plan of the respective federal state for the course of study. Vouchers or direct payments are made to the provider.

Lunch in daycare, school and after-school care

  • Additional expenses when participating in lunch , which is offered in the school's responsibility and shared out and taken.

The costs are covered by vouchers or direct payments to the school. Children who attend a day care facility or are provided for child day care are also entitled . (The own contribution of one euro of 1 euro per school day that had previously been paid was no longer applicable on January 1, 2019.)

Recognized needs for minors

For beneficiaries up to the age of 18, a need to participate in social and cultural life in the community ("participation amount") totaling 15 euros (before January 1, 2019: 10 euros) is taken into account. By taking these needs into account, equal opportunities for children and young people should be created. The aim is to integrate these children and young people more strongly than before into existing club and community structures and to intensify contact with their peers. The services are provided through personalized vouchers or cost assumption declarations and include:

  • Membership fees for clubs in the fields of sport, games, culture and socializing,
  • Music lessons : lessons in artistic subjects (e.g. music lessons) and similar guided activities in cultural education, e.g. visits to museums,
  • Participation in camps .

criticism

One year after the introduction of the services for education and participation, the Institute for Social Research and Social Policy carried out a study on behalf of the Federal Ministry of Labor and Social Affairs to assess the effect of the services. Although the majority of those entitled to benefits knew of the benefit package (although the number was significantly lower for families with a migration background ), only just over half actually applied for benefits.

The most popular services are the allowances for lunch and school trips, but most of them were already available beforehand. However, reductions can also be observed in school transport, because the municipal authorities used to provide a monthly ticket, but now mostly only accept single tickets to school and back, so that pupils in need can no longer use local public transport in their free time.

The only “real” innovations, the promotion of learning and participation in social and cultural life, on the other hand, are rarely used, which is mainly due to the restrictive eligibility requirements. Since this usually has to be decided by the class teacher, it is actually the class teacher who decides on the granting of benefits and not the job center. (In addition, until the change on January 1, 2019, the learning subsidy could only be used if the transfer was seriously endangered. In addition, a subsidy was excluded to be transferred to the Realschule or the Gymnasium instead of the Hauptschule, although that is exactly would massively improve future prospects on the labor market.)

When it comes to participation in social and cultural life, the problem arises that the “participation amount” is not enough for many associations. In addition, travel costs to the club were generally not taken into account, which prevented children in need in rural areas in particular from making use of the service. Here, however, the Federal Constitutional Court ruled that within the framework of a constitutional interpretation of SGB II, travel expenses must be paid separately within the framework of Section 28 (7) sentence 2 SGB II introduced in 2013. In addition, as part of the introduction of services for education and participation, expenses for extracurricular activities for young people were removed from the standard rate, so that those who, during puberty, mainly take advantage of offers such as cinemas and disco visits and, to a lesser extent, club activities, even more be disadvantaged.

An evaluation report published in 2016 found that many services would not be used because the application was complex and the funding was insufficient to finance music lessons and an instrument, for example. An evaluation published in 2018 by the Paritätischer Wohlfahrtsverband and the German Child Protection Association shows that only every seventh eligible child benefits from the participation package.

Another major problem is the large overlap of benefits for education and participation with benefits from child and youth welfare according to SGB VIII. Although the municipalities are responsible for both benefits, in the case of benefits for education and participation there is a refinancing option through the Federation according to Section 46 SGB II, while the municipalities have to shoulder the services of child and youth welfare themselves. There is a danger or there are initial tendencies that the municipal bodies will withdraw from child and youth welfare in the long term.

literature

Individual evidence

  1. ↑ www.bildungspaket.bmas.de - Internet presence for the education package from the Federal Ministry of Labor and Social Affairs
  2. ↑ See justification for Article 2 of the draft law for the determination of standard needs and for the amendment of the Second and Twelfth Volumes of the Social Code, Bundestag printed matter 17/3404, page 104.
  3. ↑ Cool in: jurisPK-SGB II, 3rd edition 2012, § 6b BKGG, Rn. 6th
  4. ↑ BVerfG, decision of July 7, 2020, AZ 2 BvR 696/12
  5. ↑ amendment to § 77 para. 8 SGB II by Article 3a of the Law amending the Federal Pension Act and other provisions v. June 20, 2011 (Federal Law Gazette I p. 1114) .
  6. ↑ BT print. 19/8613, there page 25
  7. ↑ BSG, June 19, 2012, AZ B 4 AS 162/11 R.
  8. ^ BSG, November 13, 2008, AZ B 14 AS 36/07 R
  9. ↑ BSG, November 22, 2011, AZ B 4 AS 204/10 R
  10. ↑ BSG, March 17, 2016, AZ B 4 AS 39/15 R.
  11. ↑ a b c The services of the educational package. In: bmas.de. Federal Ministry of Labor and Social Affairs, July 23, 2019, accessed on January 19, 2020 .
  12. ↑ a b c Infographic: The STRONG FAMILY LAW brier improvements in the educational package. In: bmas.de. Federal Ministry of Labor and Social Affairs, accessed on January 19, 2020 .
  13. ↑ BVerfG, September 10, 2014, AZ 1 BvL 10/12
  14. ↑ Only every seventh Hartz IV child benefits from the participation package. In: Spiegel online. September 18, 2018, accessed September 18, 2018 .
  15. ^ Education and participation for children and young people according to SGB II: a structural criticism . Opinion of the Standing Conference 1 "Basic and Structural Issues of Youth Law" of the German Institute for Youth Welfare and Family Law eV (DIJuF) on February 5, 2013