Bundesausbildungsförderungsgesetz

The Federal Training Assistance Act (abbreviated EED) provides for State support for the education of pupils and students in Germany. With the abbreviation federal financial aid, the promotion is colloquially referred to, resulting from the law.

The law applies pursuant to § 68 SGB I as a special part of the Social Security Code, and shall be filed in the long term there. Thus, federal financial aid is a benefit.

The so-called master - federal financial aid, with the further vocational training of craftsmen and other professionals is funded is not regulated at the Federal Training Assistance Act but in Career Advancement Training Promotion Act ( ARCU ).

• 5.2.2.1 update request
• 5.2.2.2 prepayments
• 5.2.2.3 Parents Independent Promotion

• 7.1 grant and loan
• 7.2 Loan Repayment

• 8.1 Statistics
• 8.2 Storage of social and federal financial aid data

Objectives

Main objectives of the federal financial aid are increasing the equity in education and the mobilization of Education reserves in the lower-income population. The goal of equality of opportunity in the sense to give all students a free study alongside work is, however, only achieved limited. The Social Survey of the German Student Union shows that 67 % of students perform in Germany, a slave working in order to fund the study and other costs, at least partially.

History

After the adjustment of the existing student support since 1957 after the so-called Honnefer model was on September 1, 1971, the federal financial aid as a full grant ( so it had nothing to be repaid ) introduced under the Willy Brandt's chancellorship for individually needy students. Compared to the previous model, it had a wider circle of those entitled to receive and guaranteed a legal right to promotion. The promotion was therefore enforceable.

The maximum funding for students like the one in his former Social Survey deemed necessary by the German student services amount upon adoption of the federal financial aid about. In federal financial aid is provided that the required rates and allowances shall be reviewed every two years. While this has led to frequent increases; over long periods remained the promotion but well behind the real needs. Demands for a more dynamic claim based on general price increase and studentischem cart or a targeted expansion in the direction of basic income remained relatively unheard of in the result.

The circle of beneficiaries and the design of the promotion were changed repeatedly since the entry into force of the federal financial aid. In the 1970s, made ​​extensions to the eligibility criteria and structural improvements. In the promotion of students, it went from full support to a mixed funding through grant and loan base. The support for pupils, particularly in general education schools was made ​​subject to restrictive conditions.

In October 1982, there was a change of government; the nearly 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 - almost. The transition to full loan support ( 1983-1990 ) meant an average of 10 semesters of study up to 70,000 DM federal financial aid for debt -funded with maximum rate students. From 1990 - the year of German reunification - also contributed to students from the ' new countries ' universities to full on, but in October 1990 had students pay back only half of the loan again.

Through numerous legislative amendments in the 1980s and 1990s that reduced the funding opportunities, student loans reached its low point in 1998. The federal financial aid formed a (partial) source of funding only for almost 13 percent of the students.

After the 1998 election, Gerhard Schröder was the first red-green government coalition. She decided in 2001 a far-reaching reform that took back many limitations of the Kohl era. Additional changes were made about the exemption of child benefit in the income deduction. Moreover, since then must be repaid in total a maximum of 10,000 euros of the loan. After this reform, the federal financial aid regained much importance. In 2003, more than 25 % of students received funding under the federal financial aid.

According to the Federal Statistical Office received 2008 510.000 students and 312,000 students federal financial aid. Students were given an average of 398 euros a month, students 321 euros. Not all were given throughout the year money, 52 percent of the maximum rate. Federal and state governments have spent 2008 on 2.3 billion euros for the student loan funding. 2010, there were nearly 2.9 billion euros.

2010 the federal government decided Merkel an amendment to the federal financial aid. The general age limit of 30 years was raised for master's courses to 35 years. Gifted and performance-based scholarships have since been excluded from a credit to the needs set by federal financial aid each month up to 300 €. The rules for marriage and for spouses in federal financial aid rules now also apply to a partner in a registered partnership.

Eligible training

After the federal financial aid the visit of general education from Class 10, of technical schools and vocational schools, schools of second-chance education, academies and colleges can be promoted. However, there are significant limitations for the promotion of students. Training in the dual system can not be funded by the federal financial aid; but so far comes vocational training aid.

In principle, only an initial training can be promoted. For support for a change of field or dropping out, there are significant limitations to the extent it is not about a first and early decision was made. By the end of the second semester, a change in control without further explanation is possible. By the end of the third semester (or in case of loss of no more than three semesters by the change ), a " major " expects reason. After an exchange without loss of BAföGs is only possible with a " peremptory " reason.

With the increasing conversion of programs at the Bachelor-Master structure in that regard, problems arise because of the bachelor's degree is generally applied as a first professional degree, a subsequent master's degree program has therefore already be considered a second education, and can only be promoted when he " builds " on a bachelor's degree program.

Funding other than training at home since January 1, 2008, the fully spent abroad at a university in the EU or Switzerland. German students who are eligible for federal financial aid in the country, can apply for federal financial aid for foreign abroad.

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

The European Court of Justice ruled that the scheme previously applied, according to which only an education was promoted abroad if it represented the continuation of a minimum of one year in Germany started training, violated the principle of free movement. In January 2010, the Administrative Court ruled that even people who permanently live in another EU country and study there, in principle, may receive a federal financial aid funding.

Personal requirements

The performance of the student or students must be expected that the desired training goal is achieved; This is fundamentally occupied by the regular visit of the training center. From the fifth semester of a college education promotion will only if the person concerned has timely reached the normal level required for the 4th semester. In particularly justified cases (illness, disability, child care, and others), the time limit may be exceeded.

Foreigners can claim benefits under the federal financial aid usually when they have an independent right of residence of the training in Germany, perhaps because they grew up here or derive their right of residence of parents living here or from the partner. In a few cases - such as for foreigners with a " tolerance " - a minimum stay of four years is also required. However, those who has a right of residence for educational purposes only, can generally - as a citizen of the Union - no federal financial aid claim, see § 8 federal financial aid.

Trainees must be (eg studying ) younger than 30 years at the beginning of the training section, unless certain exceptions, such as the care of children or frail relatives or the acquisition of higher education entrance qualification to the second chance education justify exceeding the age limit. For the start of a master's program, the age limit normally is 35 years.

Level of benefits

The benefits under the federal financial aid be made by lump sums required (demand ), the own income and assets of the student or students and an income of his spouse and - generally - also his parents are credited. The federal financial aid is therefore " family dependent".

Demand

The required rates differ by type of training and are composed of a general requirement set and a flat-rate accommodation portion which depends on whether the lives to promoting with their parents or not. In addition ( from 25 years) is a health and nursing supplement for people who have to self-insure ( health insurance for students ), and - under strict conditions - possibly a hardship supplement, such as particularly high accommodation costs or boarding accommodation. The student loan maximum rate including KV- PV surcharge (73 euros ) per month is 670 Euro. Of these, 50 % of the maximum demand is granted as an interest-free loan. In addition there is the funding recipients attributable, free qualifying child benefit ( for incomes below 8,000 euros ). The total requirement of a non- resident with parents students ( including health and nursing supplement along with rental surcharge ) is since October 1, 2010: 670 EUR.

Since 2009, there is a surcharge of 113 euros if you live in a household with an own child under ten years. For each additional child under ten years, the surcharge increases by 85 euros.

Due to the flat rate of federal financial aid may occur in individual cases to the fact that the reasonable costs for accommodation and heating are not covered. Then there is the possibility to apply the missing amount from the competent job center for the person being trained in accordance with § 27 SGB II.

Recognition of income and wealth

The amounts credited, which can apply from own resources to promoting and his family - are on the flat rate identified needs - as well as a lump sum.

Income and assets of the trainee

Primarily the prognostically determined current income is credited to the Promoting on its needs. Here it though allowances are granted, which differ according to the type of education and amount to 400 euros a month, for example, for students in higher education. Raising the income limit for marginal jobs 1 January 2013 to 450 euros is irrelevant for determining the chargeable income of the trainees in the federal financial aid.

"Income" can not be equated with what is usually understood as gross income or net income. Rather, determine some rather complicated rules of the federal financial aid, which "income within the meaning of federal financial aid " is in detail. Child support is no longer an since 2001. If it is established after the end of the regular one-year approval period, which income Funded at this time actually had the promotion office calculates the claim to a grant concludes. Overpaid education grants will be reclaimed, otherwise an extra payment.

A calculation with aufgeschlüsseltem result is possible, however, provides the Federal Ministry recently no computer on. A sufficient but in most cases the approach offers federal financial aid calculator of Studis online who knows the allowances and requirements records from October 2008.

Also, any wealth of to Promoting will be charged ( not against assets of spouses and parents! ) To the extent it exceeds the free allowance of 5,200 euros when trainees. For a married or in a civil partnership sponsored the allowance by a further 1,800 euro and each additional child is also increased by 1,800 euros. In cases of hardship ", another part of the assets qualifying stay free." Since January 2011 it is possible that motor vehicles can also be credited with the value. This one-twelfth of the total of the allowance excessive income will be deducted from the monthly demand. The asset recognition plays in practice for some years a significant role, because by so-called control messages of the tax the assets is reviewed at the federal financial aid offices on exemption applications.

Clean the exemption applications by tax office

Each year there are for any federal financial aid recipient for data matching. In this case, the Office of Student Aid persons are reported, the interest income received in the previous year by more than 100 €. The interest income will be transmitted via the exemption order from the banks to the government. The Office of Student Aid, the account numbers, account names and the corresponding interest income is reported. Federal financial aid recipient who received more than 100 € per year interest must demonstrate their actual assets. If this remains below the exemption limit, everything is " only " administrative action and does not entail any consequences. For married this is true also. Since the exemption Orders must be placed together, these the federal financial aid office are reported. If the recipient can demonstrate and explain that it is interest income of the partner the source of interest, this method is again "only" to work as an administrative action. For each year in which the interest income over 100 € were, an explanation is due. Whether the receiver always is below the exemption limits, it does not matter.

Income of spouses, domestic partners and parents

The imputation of income of the spouse, registered partner and the parents of the trainees is not based on the current conditions, but according to the conditions in the penultimate year before the beginning of the funding period. The starting point is the "income within the meaning of federal financial aid ", be granted to the various allowances also for spouses and parents, namely the basic allowance, which is jointly 1,605 euros for the spouses and estranged parents 1,070 euros and for the living not separated parents. For children of the earner, which in turn, are not in a eligible for the federal financial aid training and other dependents, each 485 euros and for stepparents parts each 535 euro allowance be granted. A percentage supplementary allowance or added. It amounts to another 50 % of the fixed allowances and income earned above each another 5 % for each considered liable for maintenance person. Under strict conditions, an additional hardship allowance be granted. The remaining income after deducting all allowances will be proportionately credited to eligible siblings and the applicant.

Update request

In the event that the spouse or a parent in the current year, substantially less income than two years earlier, an update request may be made. Way of forecasting - - Then not the income of the year before last, but is the current income in the years of the grant period as a basis. The resulting payment of financial assistance is granted under the reservation of recovery. Having established at a later date the income in the years of the grant period (usually by appropriate income tax returns ), the promotion of Official final decision on the amount of funding. Overpaid education grants will be reclaimed, otherwise an extra payment.

Prepayments

If parents refuse the necessary information about their income or provide the trainee no child support in the amount of the lump sum amount calculated, the trainee may take advance payments by the funding office. The Office then makes him promotion in the amount that results without imputation of parental income, but can take the parents for the denied services even in the claim and possibly sue for maintenance before the family court. Child benefit is included in the calculation as maintenance.

Parents Independent Promotion

Under certain conditions, trainees are encouraged parents independently, especially for training in second-chance education (eg for attending night school or college). Similarly, it applies when trainees " attained 30 years of age ", " after the age of 18 years five years employed" or after a " three-year professional qualification training " at least three years were employed ( 72 months) and are economically already on their feet could.

Funding period

Federal financial aid will not be reimbursed for the entire duration of the training, with courses but only until the end of the maximum period that corresponds to the standard period of study of the respective course. Under strict conditions, an education must be promoted over the maximum period out, such as when the study could not be completed until the end of the maximum period through the first-time failure to pass the final exam, because of a disability, pregnancy or parenting. Beyond such "appropriate" extension of time may possibly for more than 12 months nor a degree promotion be claimed if the application for the final examination no later than four semesters after the end of the maximum period ( FHD ) is carried out and can be completed within 12 months. If funding provided for a reasonable time on the FHD addition, it shall promote the last month of the extended time to replace the FHD for calculating the degree promotion. In addition, can be promoted over the maximum period of assistance, who has worked as a trainee at a university in designated committees and statutory bodies of the universities and the countries as well as in statutory bodies of the Student Unions and Municipalities of students at these schools, such as student council.

Promotion types

Grant and loan

Students / trainees receive federal financial aid performance as - non-repayable - grant. Students receive federal financial aid other hand, usually half as a grant and half an interest-free government loan. Get students exceptionally on the general maximum period beyond federal financial aid, so, these are generally a - low-interest - bank loans. The degree promotion is granted as bank loans.

For international training is the so-called additional needs (travel expenses, tuition fees and - outside the EU - increased cost of living ) made ​​in accordance with the procurement regulation, up to certain limits as a grant. Due to the increased demand sets can, in part, students who can not be promoted in the country because of family income, receive partial funding for overseas training.

Loan repayment

For the interest-free government loans, a partial waiver is granted if the final exam particularly good or the training has been previously successfully completed. This rule applies only to statements whose test until 31 December 2012 ( except statements at academies, § 18b para 2a BAFöG ) has been successfully passed.

For examinees who belong to the 30% of the best graduates of the vintage, is part of the adoption

• 25 % when the final exam has been passed within the maximum period
• 20% if the final exam has been passed up to six months after the end of the maximum period
• 15 % when the final exam has been passed more than twelve months after the end of the maximum period
• 20 % for graduates of academies, independent of the study period.

For graduates who have completed the training at least four months before the expiry of the maximum period, € 2560 be adopted; at two months € 1025.

The remaining loans have to be means tested later repaid in quarterly installments to the Federal Office of Administration. If the borrower then not a sufficient income so he is exempt for a limited period of repayment on demand. The rate in question is, however, not adopted, but only deferred, and also 2% interest on the total loan per claim can be filed, and 6 % for more than 45 days late. In addition, come late fees, address calculation costs, and "other costs " to do so. Until later than 31 December 2009, a partial waiver of loan installments is granted, as long as the borrower is no or only a small income generated and a child under 10 years used and educated or a disabled child supervised. Trainees who have started their studies after 1 March 2001 will need more than € 10,000 repaid to state loans. For more about related bank loans this cap does not apply.

In case of early redemption of the loan amount depending on other parts shall be adopted (eg 8 % for a loan amount of 500 EUR, 30 % at 11,000 EUR, 49 % 23,000 EUR ). The discount for early repayment is calculated based on the total debt and not on the basis of 10,000 euro barrier.

Remedies

Particularly like that all remedies ( contradiction, interim measures, action, appeal, etc. ) are completely free of charge and free of charge in the field of education grants law. As the costs incurred attorney's fees are to be mentioned (from the appeal to a higher administrative court against judgments of the Administrative Court by a lawyer ).

Statistics

According to § 55 of the federal financial aid, various features of each applicant will be saved. This includes information on the trainees as " gender, year of birth, nationality, marital status, entitled to maintenance ratio of children, housing during training, type of job 'qualifying statements, School on the nature and legal status, class or (technical) semester, month and year of end of the maximum period, the level and composition of income ... "" and the franchise ... "" well, if an asset Aggregation is, the amount of assets under § 27 and the hardness allowance ". In addition, characteristics of the spouse or partner as well as the parents of the grantees are stored.

Storage of social and federal financial aid data

The storage of the social data and the individual's right to information of a social benefit recipient are regulated in addition to other aspects of social security administrative procedure in the Tenth Book of the Social Code. In particular, in the second chapter (§ § 67 - 85a SGB XVorlage: § § / Maintenance / juris - side) is determined under what conditions the social data collected, stored, processed, transmitted, amended, may be blocked and deleted. However, the Social Code contains only " incomplete rules for deletion of social data and their retention periods ." Unacceptable stored data shall be deleted in accordance with § 84 Section 2 Sentence 1 of the SGB X. Once the data the authorities are no longer required to fulfill their tasks, the data are also deleted.

A right to information, there are, according to § 81 Paragraph 1 of the SGB X for people who think " in the collection, processing or use of personal social data in " their " rights to have been violated ." Sufferers may then get stored on social data and their origin, the recipients of the data in disclosure of the data and the purpose of storing information. This information can however be refused without reasons. The Data Protection Officer of the Federation or the competent authority to review the lawfulness of the refusal. The information is free of charge ( § 83 SGB X).

Is the federal financial aid application is successful and you get a notice, the collected data will be stored for six years. In a rejection of the federal financial aid application for the assets after, so-called " zero - notice ", the data will be stored for one year.

ECJ judgment of 23 October 2007

On 23 October 2007, the Grand Chamber of the European Court of Justice ruled on the compatibility of the rules in federal financial aid on foreign funding with European law, more precisely with the 18 of the EC Treaty, which guarantees in Article 17, Article movement of EU citizens. The Court came to the conclusion that the requirement of prior -year training at home against the free movement provisions ( Rs C-11/06 ). One possible response to this judgment was the acceleration of the legislative process with respect to the 22 federal financial aid Amendment Act of 23 October 2007, which allows for the promotion from the 1st Semester abroad in the EU and Switzerland.

Relationship with the SGB II

Basically, federal financial aid even more stringent than in the days of social assistance ( § 26 Federal Social Assistance Act ) take precedence over performance of the SGB II However, there are exceptional cases in which, despite the primacy of federal financial aid benefits under SGB II are extended.

In principle, set out in § 7 para 5 SGB II the primacy of the vocational training allowance (BAB ) and the federal financial aid. By Theorem 2, however, Alg II may be granted in cases of hardship as a loan. Such hardship can be, for example, if a student has almost finished his studies and would have to drop out of college without Alg II.

§ 7 para 6 SGB II regulates the exception to the exception, thus represents therefore a basis for a claim dar. Who result of § 2 para 1a federal financial aid is not entitled to a student grant or whose needs in accordance with § 12 Section 1 Subsection 1 of the federal financial aid measured or who attends an evening high school, a Abendrealschule or a night school while due to § 10 paragraph 3 of the federal financial aid is not entitled to a student grant, receives benefits under SGB II

The additional requirements in § 21 SGB II and open the door to the right to Alg II - though without granting CJ, and control power, but to make the claim on health insurance and the possibility of a community of need and - as single parents - to get social money for those who are living children.

§ 27 SGB II is finally the opportunity to get a grant towards the cost of accommodation and heating in addition to the residential portion of the federal financial aid if this this is not sufficient. This grant does not count as unemployment benefit 2 ( § 27 para 1 sentence 2 SGB II).

If Alg II shall be made and subsequently federal financial aid is approved, the Alg II II carrier can be recovered retrospectively in accordance with § 48 Section 1 Sentence 2 No. 3 SGB X from SGB. Here is one of the basic federal financial aid eligibility as income generation.