Persons who are capable of working and in need of assistance are entitled to benefits under SGB II, if they have their habitual residence in Germany.
Able to work means that the person is basically in a healthy condition to work at least 15 hours/week. Persons are in need of assistance if they are unable to support themselves from income or assets.
Students are generally excluded from these transfer benefits. This is regulated by the following paragraph:
§ 7 Paragraph 5 SGB II:
“Students whose training is eligible for funding under the Federal Training Assistance Act [are] not entitled to benefits to secure their livelihood beyond the benefits under Section 27.”
Thus, most students are excluded from the standard benefits of SGB II, since abstract eligibility is an exclusion criterion.
For your understanding, here are some examples, which are intended to represent abstract eligibility:
- Student is studying in the 5th semester. It was not possible to submit sufficient proof of performance for the educational support, which is why further support cannot take place. In the abstract, the studies are still eligible for support, which is why Citizen’s benefit receipt in full-time studies is excluded.
- Student already has a Bachelor’s degree and is starting a second Bachelor’s degree. For the first bachelor’s degree, education support could be obtained according to BAföG. The second bachelor is not eligible. Nevertheless, the study is abstractly eligible, which is why an Citizen’s benefit reference is excluded.
- Student is studying in the 7th semester of a Bachelor’s degree. The standard period of study has been exceeded and no reasons for extension could be claimed from BAföG. Therefore, there is no entitlement to educational support according to BAföG. However, the education is eligible for support in the abstract, which is why no Citizen’s benefit can be drawn.
(List does not claim to be exhaustive)
Under certain conditions or exceptions, funding can still be provided through Citizen’s benefit (“Bürgergeld”).
For example, an official “part-time study at 50%” is not eligible for funding in the abstract, which may make it possible to receive Citizen’s benefit (“Bürgergeld”). However, part-time study is not possible at all universities or courses of study and must be justified. A disease can constitute an important reason.
In the case of an official interruption of studies (vacation semester) due to your own illness, receiving Citizen’s benefit (“Bürgergeld”) may also be possible. You can find an initial overview of the vacation semester in our FAQ Vacation Semester.
There is also the possibility to apply for a loan in cases of special hardship according to § 27 SGB II.
Whether you are eligible for Citizen’s benefit (“Bürgergeld”) can be discussed in a counseling interview.
Attention: In the case of a part-time study/vacation semester, there are consequences under social law which must be taken into account. Therefore, we recommend that you take advantage of a consultation with us before applying for such a part-time study/vacation semester.
If you are studying with residence status, you should contact the Social Counseling Service for International Students before applying for Citizen’s benefit (“Bürgergeld”) . Depending on the status, the title may be withdrawn.