Advancement Training Promotion Act

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Basic data
Title: Law to promote professional advancement training
Short title: Advancement Training Promotion Act
Abbreviation: AFBG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law
References : 2212-4
Original version from: April 23, 1996
( BGBl. I p. 623 )
Entry into force on: January 1, 1996
New announcement from: August 12, 2020
( Federal Law Gazette I, p. 1936 )
Please note the note on the applicable legal version.

The Advancement Training Promotion Act (AFBG) supports the professional advancement training of craftsmen and other skilled workers with financial means and is intended to facilitate business start-ups . The grant is equivalent to the Federal Training Assistance Act (BAföG) and is therefore also referred to as Master BAföG or ascent BAföG . The Advancement Training Promotion Act was introduced on January 1, 1996. On January 1, 2002, July 1, 2009 and August 1, 2016 reforms of the AFBG came into force. On August 1, 2020, the 4th AFBG Amendment Act comes into force with the aim of expanding the funding group and significantly improving the scope of funding. In contrast to BAföG, there is no maximum age limit in the AFBG.

General

The law is a comprehensive funding instrument for professional development in all professional areas. Until July 31, 2016, the completion of initial training or a comparable professional qualification according to the Vocational Training Act or the Crafts Code was required as a prerequisite . With the entry into force of the 3rd AFBG Amendment Act, the support group was expanded to include dropouts without a previous professional qualification and academics who already have a bachelor's degree as their highest academic qualification .

With the amendment of the AFBG in 2009, the number of beneficiaries was expanded to include geriatric care specialists and educators . In 2009, around 158,000 people, 69% men and 31% women, received funding under the AFBG.

In 2014, around 172,000 people received advancement BAföG. Compared to 2013, the number of recipients rose by 0.2 percent. A total of around 117,000 men and 55,000 women received funding. In 2018, around 167,000 people were supported by the Aufstiegs-BAföG. A total of 105,000 men and 62,000 women received funding.

year Funded people Economical effort of which as a grant of which as a loan
2002 87,756 298,772,000 202,700,000 96,071,000
2004 133,018 378,563,000 257,135,000 121,427,000
2006 135.915 369,045,000 260,257,000 108,788,000
2008 139,520 381,658,000 114,257,000 267,401,000
2009 157,543 455,691,000 140,621,000 315,070,000
2014 172,000 k. A. k. A. k. A.
2018 167,000 k. A. k. A. k. A.

Eligible training

Training objectives (Section 2 (1) AFBG)

Participation in further training measures, which prepare specifically for a further training objective under public law, is funded. It is crucial that this is a professional advancement training and not a preparation for an academic degree (bachelor's or master's degree). The AFBG also does not support participation in initial vocational training. The desired goal must be of a higher quality than a qualification at the level of a skilled worker, journeyman or assistant examination. The training goals that are fundamentally eligible for funding include, for example, the foreman, the industrial foreman, the state-certified technician, the specialist or the IT project manager.

Certification of the carrier (§ 2a AFBG)

Only participation in measures carried out by one is eligible

a) public,

b) a state recognized

c) or a certified carrier.

Formal criteria for the measure (Section 2 (3) AFBG)

A measure must comprise at least 400 teaching hours.

If this is a full-time measure, then this or all of the measure sections contained therein must be completed within 36 months and, as a rule, 25 lessons must be completed every week on at least four working days.

If, on the other hand, it is a part-time measure, the person has 48 months to attend the measure or all of the measure sections. There must be an average of at least 18 lessons per month.

It should be noted that the individual lessons must also meet requirements. The requirement for an eligible lesson is explained in more detail in Section 2 Paragraph 4 Clause 2 and 3 AFBG as follows:

"Eligible lessons are face-to-face courses, the content of which is binding in the examination regulations. In eligible lessons, the professional skills, knowledge and abilities provided for in the advanced training regulations and curricula must be taught in a systematic manner by qualified teachers."

In addition to the classic face-to-face lessons, which are provided in the context of frontal teaching, media-supported lessons and distance learning courses can also be funded, cf. § 4 and § 4a AFBG.

personal requirements

Nationality (§ 8 AFBG)

Germans and foreigners are generally entitled to funding if they have a right of residence in Germany that is independent of their training , for example because they grew up here or derive their right of residence from parents living here or from their partner. In a few cases - for example for foreigners with a " Duldung " - a minimum stay of 15 months is required. On the other hand, if you have a right of residence for training purposes only, you can usually not claim BAföG benefits, even if you are a Union citizen, cf. § 8 AFBG.

Prequalification (§ 9 Abs. 4 AFBG)

Since the amendment to the law in August 2016, it is now also possible to receive BAföG for advancement if you already have a Bachelor's degree or an equivalent university degree as the highest academic degree . Higher qualified people are still not entitled to funding under the AFBG. Internally acquired degrees, however, do not lead to an exclusion from funding.

Admission requirements (§ 9 Paragraph 1 - 3 AFBG)

Basically, before the start of the measure, the person must have the professional qualifications required for admission to the examination in accordance with the respective advanced training regulations, cf. Section 9 (1) AFBG.

Notwithstanding this, it is also sufficient if the missing pre-qualification in the form of a vocational qualification or a further training funded under the AFBG is acquired by the last day of the course attended or by the last day of the first part of the measure. However, there are restrictions when it comes to funding maintenance.

A lack of professional experience, which is required in addition to a professional qualification, can also be acquired by the end of the measure so that an entitlement according to § 9 AFBG exists. However, the specific possibility of doing this must be proven.

Regular participation (§ 9a AFBG)

To ensure that the entitlement set in the notification is maintained, the funded measure must be taken regularly. Participation in the measure will be checked at least six months after the start and end of the measure and must be at least 70 percent. If regular participation in the course cannot be proven, the services received must be reimbursed regularly, cf. Section 16 (2) AFBG.

Exclusion of funding (§ 3 AFBG)

Participation in a full-time measure is particularly not funded if there is already an entitlement to BAföG or benefits under SGB ​​III (unemployment benefit I) for this period . Likewise, a measure (part-time and full-time) cannot be funded if it has unemployment benefits for further vocational training in accordance with SGB III or in accordance with Section 6 (1) of the Vocational Rehabilitation Act. Further services that lead to the exclusion of funding are finally listed in § 3 AFBG.

Amount and scope of the services

Measure contribution

The actual course and examination fees incurred are funded up to 15,000 euros, which are currently granted with a share of 40% as a grant and 60% as a KfW loan . In addition, half of the material costs for a masterpiece are granted up to € 2,000, 40% of which is also a grant. Earmarked funds from other public institutions or the employer are taken into account accordingly, cf. Section 12 (1) AFBG.

Alimony

In addition, according to the law, subsidized persons in full-time form can receive monthly grants and loans for subsistence and childcare. Since August 1, 2019, the maximum rate has been 776 euros plus up to 189 euros for the health and long-term care insurance surcharge for the benefit recipient himself, 235 euros for the spouse or life partner and 235 euros per child. The grant is 50% for the beneficiary and partner, 55% per child, cf. Section 10 (2) and Section 12 (2) AFBG.

Maximum requirement rate of the service recipient per month
Requirement type Sum in euros
Basic requirement 391
Housing needs 325
Increase contribution 60
Health insurance supplement up to 155
Long-term care insurance supplement up to 34
Requirement rate for service recipient = 965

Child care allowance

A childcare surcharge of 130 euros per month and child is paid as a 100% subsidy for single parents, cf. Section 10 (3) AFBG.

In addition, the maintenance contribution and the child care allowance are to be granted as a loan for up to three additional months during the newly introduced phase of exam preparation.

As with BAföG , parts of the loan can also be waived here, for example 40% of the loan for the course and examination fees (§ 13b paragraph 1) or up to 66% for the multi-year management of a company with at least two employees, of which one is passed can also be a trainee (Section 13b (2) sentence 2 alternative c). Repayment installments can also be deferred for up to 6 years .

Income and property

The contribution to the measure and the child increase contribution are granted regardless of income or assets.

For the approval of the maintenance contribution, however, the income of the beneficiary in the period of the measure and, if applicable, the income of the spouse from the penultimate calendar year before the start of the measure and the beneficiary's assets at the time of the application are taken into account. The income and assets of the parents or siblings of the beneficiary are irrelevant when calculating the needs. The income exemption limits and the other provisions on income can be found in §§ 21 ff. BAföG. The asset exemption limits in the AFBG are 45,000 euros for the beneficiary, 2100 euros for the spouse and a further 2100 euros for each child. Existing assets are only counted towards the need if they exceed the calculated tax exemption. In cases of hardship, “ a further part of the assets may remain exempt ” ( Section 17a AFBG).

Application process

In order for the entitlement to funding to be checked, there is a requirement to submit a written application to the locally responsible office. Alternatively, the application can also be submitted electronically via the online procedure of the individual federal states. The permanent residence of the participant at the time of the application is decisive for determining the local jurisdiction. The local jurisdiction can be found on the website of the Federal Ministry of Education and Research by stating the postcode . It is mandatory to use the available forms, which are to be submitted depending on the individual situation of the participant. Form A (application), form B (certificate of participation in a training course) and form Z (admission to the examination) are always required so that the requirements can be checked. Form B is filled out by the training center where the training is attended. Form Z is filled out by the public examination office for the acceptance of the examination; this can be, for example, the Chamber of Commerce and Industry or the Chamber of Crafts .

Similar to BAföG, it is possible to apply for a preliminary ruling. However, the scope of the examination is limited to the question of whether the funding requirements are basically met for participation in a measure in terms of subject-specific direction, training objective, time and content and type of sponsor. The personal requirements are not checked, cf. Section 23 (4) AFBG.

As soon as the claim according to the AFBG has been checked by the authority , a notification will be issued with corresponding information on legal remedies . In the case of approval, the beneficiaries receive a loan agreement from the Reconstruction Loan Corporation after some time without being asked, with which they can take advantage of the loan attributable to the funding.

See also

Web links

Individual evidence

  1. ↑ See the draft law on the Advancement Training Promotion Act of November 20, 2008, p. 17, Bundestag printed paper 16/10996
  2. ↑ See the information provided by the Federal Ministry of Education and Research as an example
  3. ↑ AFBG Amendment Act of December 20, 2001, Federal Law Gazette I, p. 4029
  4. ↑ Second law amending the Advancement Advancement Training Act of June 18, 2009, Federal Law Gazette I, p. 1314
  5. ↑ AFBG - Law to promote professional advancement training. Retrieved May 17, 2019 .
  6. ↑ Editor: BMBF LS5 Internet editor: PRESS RELEASE: 018/2020 - BMBF Aufstiegs-BAföG. Retrieved April 11, 2020 .
  7. ↑ a b Editor: BMBF LS5 Internet Editor: Who is funded? - BMBF ascent BAföG. Retrieved May 17, 2019 .
  8. ↑ Changes to the Advancement Training Assistance Act .
  9. ↑ https://www.destatis.de/DE/PresseService/Presse/Pressemitteilungen/2015/06/PD15_236_214.html
  10. ↑ Editor: BMBF LS5 Internet editorship: Positive trend in the Aufstiegs-BAföG 2018 - BMBF Aufstiegs-BAföG. Retrieved November 10, 2019 .
  11. ↑ https://www.aufstiegs-bafoeg.de/de/das-neue-afbg-auf-einen-blick-1703.html
  12. ↑ Editing: BMBF LS5 Internet editing: How is funding? - BMBF ascent BAföG. Retrieved December 15, 2019 .
  13. ↑ § 17 AFBG - single standard. Retrieved December 15, 2019 .
  14. ↑ § 19a AFBG - single standard. Retrieved December 15, 2019 .
  15. ↑ Editing: BMBF LS5 Internet editing: Submit application online - BMBF Aufstiegs-BAföG. Retrieved December 15, 2019 .