BAföG: Legally reduce assets in the BAföG application

If you apply for BAföG, you can also apply Wealth have. However: Only 5200 euros may be in your account in total, including long-term savings contracts, which you cannot currently access without losing interest.

What is the value of the assets?

If the trainee owns assets, he has them in full with the exception of a reserve of EUR 5.200 Financing its Vocational Training to use. If the trainee is married and/or has children, the above-mentioned allowance increases by EUR 1.800 for both the spouse and 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

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The assets of the parents or spouse of the BAföG beneficiary, however, will - other than that Income – not counted. Anyone who thinks that they can avoid this by simply transferring their wealth to others is wrong:

Anyone who transfers their assets to third parties, in particular parents or other relatives, free of charge or without equivalent consideration is acting in an abusive manner. It is then simply ignored that the assets are in a different name and that Money will still be added to your assets. Theoretically, this applies to all donations that you have made in the last 10 years. In practice, checks are rarely made that far back – but if the office found out about such things, it would still be your turn.

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 “decrease” wealth?

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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 with this information, because the BAföG office can compare it with the data from the Federal Office for Finance based on the exemption orders that 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.

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 “objects” in the legal sense) cannot be used for legal reasons, for example because they have been attached (cf. other obstacles to exploitation 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 beware of the car: with a used vehicle or a small car you are definitely on the safe side. However, as soon as a “small or large fortune” is in the vehicle, doubts are raised as to whether an exemption is still justified here.

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).

In the case of unemployment benefit II under Hartz IV, a vehicle that did not cost more than 5.000 euros should have been defined as appropriate. Perhaps a rough guide for the law on training grants. In plain language: Buy things that are not considered assets according to BAföG and you have legally reduced your assets.

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