BAföG: Legally reduce assets in the BAföG application

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Customizable information from Best of HR -®! Book publisher, registered trademark, eLearning on demand platform, news service by German Top20Blogger and consultant Simone Janson, referenced in ARD, ZEIT, Wikipedia .
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If you apply BAföG, you may also have a fortune. However, only 5200 Euro may be held in your account as a whole, and long-term savings contracts, to which you can not currently expect interest without interest, are also included. BAföG: assets at BAföG application legally reduce salary

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What is the value of the assets?


If the trainee owns assets, he has to use it fully to finance his training, with the exception of a reserve of 5.200 EUR. If the trainee is married and / or has children, the above-mentioned allowance is increased by 1.800 EUR for the spouse and for each child.

The monthly requirement shall be the amount to be calculated when the amount of the excess of the allowances is divided by the number of calendar months of the period of the grant.

Fortune of the family


However, the assets of the parents or the spouse of the BAföG beneficiary are - unlike the income - not counted. Anyone who thinks he could avoid this by simply transferring his assets to others, is mistaken:

Anyone transferring their assets free of charge or without any equivalent consideration to third parties, in particular parents or other relatives, acts improperly. It is then simply ignored that the assets are running on a different name and the money is still attributed to your assets. Theoretically, this applies to all the donations you've made in the last 10 years. In practice, it is hardly tested so far back - but if the Office learns of such things, then you would still be tuned.

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What counts as a fortune?


Except for rights of pensions, pensions and other recurring benefits, transfer assistance after leaving the service of the Federal Armed Forces, border guards of the police, reintegration aid for development aid, usufruct and household items, all movable and immovable property as well as claims and other rights as assets.

In the case of securities, the value of the assets is the value of the market value, and for other items the value of the fair value. After that, for example, savings assets as assets, but not a private car, a computer or a stereo system.

Why "reduce" the assets?


Reason: The state provides that you use your assets fully to finance your education.

If you have used up your assets, the BAföG is, of course, recalculated, you also make a new application every year. And: Fortunately, only your assets, but not those of your parents or your spouse, will be charged.

Do not cheat, do not give money away!


Do not cheat on this information because the BAföG Office can verify this by means of a data comparison with the Federal Office of Finance on the basis of the exemption orders which you have given to the banks for your assets.

Caution: You must not simply give your money away or pass it on to a third party, otherwise the assets transferred as a misuse of the law will be considered. There is also no deadline, which is still okay. However, there are some ways to legally reduce your assets.

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What is considered a fortune?


For not all of your property is regarded as a property by the BAföG-Amt, but only, according to § 27 Abs. 1 BAföG, all movable and immovable property, claims and other rights. This includes:

  • Home and real estate, savings accounts and securities
  • deposit
  • Capital expenditures (VL), premium and building savings contracts,
  • Capital-forming life insurance
  • Money that others have created on your account

Exception: These objects (also claims and other rights are in the legal sense "objects") can not be used for legal reasons, eg because they were seized (see also for other utilization obstacles VwV 27.1.4).

Irre usability is not valid for purely real reasons. In June 2005, the BMBF has also informed the BAföG offices by circular that a rental deposit can in principle be regarded as a property, but can be released from the credit transfer in accordance with § 29 Abs. 3 BAföG by granting a hardship tax. It is therefore important to apply for a hardship application!

What is not considered a fortune?


On the other hand, the following does not belong to your assets in the sense of the BAföG according to § 27 Abs. 2 BAföG:

  • Rights to pensions
  • usufruct rights
  • Household goods (including musical instruments, radio and television equipment, domestic animals and bicycles)
  • Passenger cars within certain limits.

But attention to the car: With a used vehicle or a small car you are certainly on the safe side. But as soon as a "small or larger fortune" is in the vehicle, it is already doubted whether an exemption is justified.

Thus the Rothe / Blanke, the largest BAföG commentary, says that it is not clear that a trainee with a brand new car worth 30.000 Euro is to receive training subsidies, while the one with a building savings contract about 15.000 Euro is empty (27 marginal 15).

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In the case of unemployment benefit II under Hartz IV, it was considered appropriate to have defined a vehicle that did not cost more than 5.000 Euro. Perhaps a rough guideline for the training grant right. In plain English: Buy things that are not considered assets according to BAföG and you have legally reduced your assets.

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