The student support (BAföG) hardship scheme can be an important support for many students if they find themselves in a financial or personal emergency. But what exactly does this regulation mean, who can take advantage of it and how does the application work? In this article, we explain what you need to know to benefit from the hardship scheme.
What is the BAföG hardship regulation?
The BAföG hardship regulation is intended to help students who find themselves in an exceptional financial or personal situation. This regulation makes it possible for BAföG benefits to be granted even if some of the regular requirements are not met. The aim is to prevent students from dropping out of university due to hardship.
The income tax-free allowance can be increased by up to 390 €, i.e. you can earn this amount without it being taken into account. Assets that exceed the allowance of 15,000 € or 45,000 € for students over the age of 30 can also remain free of charge.
Typical cases of hardship can include the sudden loss of maintenance payments, illness or other unforeseeable events. An emergency situation that threatens the existence of the company and is caused by sudden events can also justify a claim.
Who can make use of the hardship scheme?
In principle, the BAföG hardship scheme is intended for students who would otherwise not be entitled to funding or for whom the regular BAföG calculation is not sufficient to cover the cost of living. Special consideration is given here:
Students who no longer receive support from their parents, e.g. due to family conflicts.
People whose circumstances have changed drastically due to illness, disability or other unforeseen events.
People who need special support due to a refugee background or comparable burdens.
Whether a case is recognised as a case of hardship is decided by the responsible BAföG office on the basis of the documents submitted and the individual situation. In cases of particular hardship, a so-called hardship loan may also be considered.
Discretionary power of the office
The decision as to whether a case of hardship exists is at the discretion of the responsible BAföG office. The circumstances of the individual case are carefully examined and it is weighed up whether the hardship provision is justified. The office has the opportunity to take individual particularities into account and respond flexibly to special life situations. It is important that all relevant evidence and documents are submitted in order to facilitate the assessment. Information on the implementation of hardship decisions can also vary depending on the federal state.
Scope of the benefits
The benefits under the hardship scheme can vary. In many cases, the regular BAföG benefits are supplemented by additional payments to cover the special needs situation. This can include higher grants or loans. The exact amount and duration of the benefits depend on the individual situation and needs. In addition, certain expenses such as medical costs or special living circumstances can be taken into account. A transitional loan in accordance with § 27 SGB II may also be considered if students in a particularly difficult situation require financial assistance at short notice.
Requirements for receiving a loan in accordance with § 27 Para. 3 SGB II
In addition to the hardship provision, it is also possible to apply for a loan in accordance with § 27 Para. 3 SGB II under certain conditions. This loan is aimed at people who are not sufficiently covered by other social benefits due to their particular need. The prerequisite is that there is a temporary emergency situation that cannot be covered by regular benefits. Applicants must credibly demonstrate the need for the loan and submit appropriate evidence in order to be approved. This is particularly important for students who do not wish to interrupt their studies and are dependent on financial support.
Employment and hardship regulation
In some cases, the question of employment can also play a role in the hardship regulation. Students who are unable to work for health or family reasons can also be recognised as a case of hardship. In this case, it is important to prove that you are unable to work. In exceptional cases, a hardship loan can also be granted in order to continue your education despite financial difficulties.
How do you apply for the BAföG hardship scheme?
The application for BAföG in cases of hardship is made using the regular application form. However, it is important to attach additional documents that document your specific case. This can include
Medical reports or certificates confirming health problems.
Proof of sudden loss of income or other financial difficulties.
Statements from social institutions, counselling centres or other institutions confirming your emergency situation.
It is advisable to have a consultation with the BAföG office or the relevant job centre in advance to clarify which documents are required. The more detailed and comprehensive your application is, the greater the chances of a positive decision.
Do you still need to apply for BAföG? With our BAföG calculator from LeistungsLotse, you can quickly and easily check whether and how much BAföG you are entitled to and send your application directly to us. Check now!
What are the advantages of the hardship regulation?
A major advantage of the hardship regulation is the flexibility in the awarding of BAföG benefits. Under certain circumstances, you can receive higher benefits or be funded even if your entitlement would be excluded due to the regular criteria. This regulation also shows that the BAföG system is not rigid, but adaptable in order to take individual life situations into account.
What are the limits of the hardship regulation?
Even if the hardship regulation offers many advantages, there are limits. Not every difficult situation is automatically recognised as a case of hardship. It is up to the BAföG office to decide whether your case fulfils the requirements. It is important that you submit all the necessary evidence and carefully justify your application. In addition, individual interpretations and regulations may vary depending on the region. It is therefore worth getting in touch with the relevant authority at an early stage to clarify the chances of your application being successful. Typical reasons for a rejection are, for example
Financial bottlenecks that are not life-threatening.
Situations in which other social benefits, such as Social Code II (SGB II), would apply.
Cases in which students have refused benefits to which they would have been entitled.
Hardship cases not recognised
Not every difficult life situation is recognised as a case of hardship under the BAföG hardship regulation. This applies in particular to cases that do not represent an emergency that threatens the existence of the student or in which students could secure their livelihood in another way. For example, financial bottlenecks caused by poor housekeeping or voluntarily giving up gainful employment are generally not considered cases of hardship. This distinction is intended to ensure that the hardship regulation specifically benefits those who are dependent on it. It is therefore important for applicants to find out in advance whether their situation actually fulfils the criteria of a case of hardship.
Legal basis for decisions on unrecognised cases of hardship
The legal framework for the BAföG hardship regulation and the rejection of hardship applications is based on the provisions of the BAföG Act and accompanying regulations. In particular, Section 27 SGB II plays a central role, which regulates the conditions for loans in cases of particular hardship. Authorities such as the Federal Employment Agency or the relevant job centres are required to pay close attention to the instructions for implementation and the specific regulations. This protects both applicants and those processing the application from misunderstandings and incorrect decisions. A clear focus on the legal requirements helps to make the process more efficient and transparent.
Such cases include, for example:
Students who have brought about a financial emergency themselves by voluntarily giving up gainful employment.
Situations in which students interrupt their education for personal reasons without a compelling reason.
Cases in which other social benefits such as living allowance or unemployment benefit II would be available but were not applied for.
These examples illustrate that the hardship regulation is not a universal solution for all financial difficulties. Students should therefore carefully check whether their situation could actually be recognised as a case of hardship and seek support from an advice centre if they are unsure.
Scope of benefits according to § 27 SGB II
Section 27 SGB II regulates the possibility of receiving a loan to cover living expenses in cases of particular hardship. The scope of these benefits generally includes covering basic needs such as rent, ancillary costs and necessary living expenses. In contrast to regular social benefits, however, the benefits under Section 27 SGB II are designed as bridging loans and generally have to be repaid. The exact amount of the loan is calculated individually based on the proven emergency situation threatening the existence of the applicant and their specific needs. It is important to note that these benefits are only granted if no other funding options such as BAföG or other social benefits are available. A detailed application and disclosure of all financial circumstances are required to be eligible for this form of support.
Conclusion
The BAföG hardship scheme offers important support for students who find themselves in an existentially threatening emergency situation. It ensures that financial bottlenecks do not necessarily mean the end of a degree programme. At the same time, the regulations are clearly limited to ensure that aid is distributed in a targeted and fair manner. The scope of benefits - in particular in accordance with Section 27 SGB II - is strictly orientated towards individual needs and is precisely regulated by the legal framework. Unrecognised hardship cases illustrate the limits of the regulation, which is why a thorough examination of your own situation is essential before making an application.
The examples and detailed information on the scope and restrictions of the hardship scheme help to keep expectations realistic and avoid unnecessary applications. Ultimately, it shows that the hardship scheme is not a one-size-fits-all solution for all financial problems, but a targeted instrument for genuine emergencies. If you are unsure, you should seek counselling at an early stage in order to receive the best possible support.
Do you still need to apply for BAföG? With our BAföG calculator from LeistungsLotse, you can quickly and easily check whether and how much BAföG you are entitled to and send your application directly to us. Check now!