New regulation on the start-up grant: The end of ICH-AG

Since December 28.12.2011, XNUMX, the possibility for the unemployed to apply for a start-up subsidy has been greatly reduced: from the previous one mandatory– became a can-Performance, yes worse, apparently intended Business start only be funded when all other options have failed. In short: Whoever wants to found a company will be up in the air in the future. Only: Is the loss of the start-up subsidy really that bad? Or is it not really an advantage in the end? Please just the Perspektive exchange!

Start-up subsidy drastically reduced

Since the announcement by our Minister of Labor Ursula van der Leyen to drastically reduce the start-up subsidy, panic spread in Germany:

One should again fast start before it's too late. And in general it is considered absurd that the funding for the economically so important young entrepreneurs is canceled.

Service instructions make it clear: foundation of the company in the future only last resort

The books on the subject (advertising)

Doing so is the goal of the measure clear: Money should be saved - around four billion euros. The consulting company mediafon.net, which belongs to the trade union ver.di, reports on an internal regulation of the Federal Employment Agency dated December 1, 2012, which makes it clear how the employment agencies should react to start-up grant applications in the future:

“According to the instructions, unemployed people who want to become self-employed must first be offered a job in the future. And only if 'at the time of applying for a start-up subsidy on the for the customer customers accessible labor market no job offers (are) possible, the factual requirements are to be checked and discretion exercised.'

In other words, instead of being able to build up a new perspective as a self-employed person, in the future the unemployed must, if necessary, also take on one of the not so rare jobs that are (only) reasonable under the law. Because, of course, the usual rules of reasonableness also apply here, and if you only reject an offered job because you consider starting a business to be better and more promising, the employment agency is not allowed to 'exercise its discretion' - in other words: your application will not be examined in the first place. The government parties used to say that they wanted to develop and promote a 'culture of independence' in Germany. . . "

Why the point of view of politics and employment agency is wrong

Now it is for sure quite idiotic, clearly willing to found People to condemn to writing applications and certainly does not promote a start-up culture. Even more idiotic is the view of the legislator that you only "dispose of" people who you can no longer place elsewhere into self-employment. Will these presumably poorly qualified people then become successful founders?

And even worse: It's no wonder that we have such a miserable start-up culture in Germany, when our politicians and civil servants set an example for us that starting a business should only be the last resort, so to speak, when nothing else works. Who else has Lust to found?

If you really want to start up, you can do it without an employment agency!

Discounts for your success (advertising)!

However, I am confronted with the question, which is a bit provocative, whether people with motivation and motivation are motivated without the help of the employment agency. The mills of the bureaucracy have not been easy to cope with as a result of founding a foundation - and have personally deterred me, for example, so far.

The ZEIT now has study results yesterday published that confirm this for me: Mirjam van Praag, Joop Hartog (both University of Amsterdam) and Peter Berkhout (RIGO Institute, Amsterdam) examined the career choices of 56.000 Dutch people Uni– and vocational school graduates. Their result: Those who are all too secure in their nest are less enthusiastic about starting a business.

The founding culture has not improved through the promotion of the foundation

And the Global Entrepreneurship Monitor (GEM), which examines the start-up climate in 54 countries, gives the Germans a bad report for the past few years: Accordingly decide 43 percent of those surveyed in this country Anxiety to fail against starting a business.

And this despite the start-up grant. But those who founded did not usually do so from enthusiasm, but from the pure necessity: 32 per cent of the entrepreneurs in specs, not for freedom love or self-realization, but for wanting to pursue this career for lack of alternative employment.

Did the old start-up subsidy prevent entrepreneurial ambitions?

Or you could do it very boldly forms: It is possible that the old start-up subsidy did not support the start-up culture and entrepreneurial ambitions at all, but is rather just another plank that the desperate cling to for a while before they finally go under?

After all, ICH-AG was also very much laughed at, in addition to many trickery (one is terminated and then the same work as self-employed + state aid). And it is precisely this mocking that no one has to face anymore: whoever wants to survive has to swim himself. What you learn as a self-employed sooner rather than later.

Will say: Of course, you can complain that the federal government has deleted something again. But you can also see the matter positively and trust in yourself. All a question of the way of looking.

The previous regulation

With the start-up grant, the state, or the federal agency for work, supports recipients of unemployment benefit I, which are self-employed.

The Law on the Improvement of the Integration Opportunities (Third and Fourth Social Code) has just been revised. And still, the law is not valid. If you hurry, you can quickly start again according to the old conditions.

Significant changes

The amendment was passed by the Bundestag and the Federal Council. What is still missing is the signature of the Federal President. As long as this is still missing, the law is not yet in force, and no one knows at all when the new regulation will apply. And until then one can (and should!) Still be based on the old regulation.

For probably the most drastic change of the law: from the current partial compulsory performance became a complete discretionary power. Unlike in the past, the employment agency does not have to grant the start-up subsidy even if all of these conditions are fulfilled. This is, therefore, purely the discretion of the employment agency.

Founding conviction and high standards are now required Commitment right at the beginning of unemployment. But of course the available funds and the regionally defined specifications and requirements also play a role Set the agency plays a role in the approval process.

Old and new regulations

What remains: the start-up grant is an amount equal to your last-mentioned unemployment benefit I for life support. It can be granted for a total of 15 months.

New: In the first six months (so far nine!) You receive a supplement of 300 Euro / month for social security. If the employment agency is to extend your application again after six months (see below), the supplement of 300 Euro / month will be paid for social security for a further nine months (previously six!), But not the amount of the last related unemployment benefit I.

When can you apply?

Only then will your application have a chance Success, if you are receiving unemployment benefit I or short-time work benefit at the time of founding or are employed in a job creation measure and are still entitled to at least 150 days.

To be on the safe side, you should adhere to the following procedure for the start-up subsidy: If you positive Once you have received the opinion of the competent body - and only then - you should become self-employed by registering your trade or freelance work.

The procedure

Because with the registration of self-employment automatically ends your unemployment and thus your entitlement to unemployment benefit I.

You can only go to the employment agency if you register with the commercial or financial office, and submit it together with a copy of the business plan, the certificate of the specialist body and the actual application form. The employment agency decides on the basis of the documents on your application.

Attention: During this time you will receive no cover.

The extension

As already mentioned, you can request an extension of the start-up grant after the first six months. The best time is two to
three months before the end of the first six months.

The employment agency requires proof that “intensive business and full-time entrepreneurial activities” existed in the first six months.

Again to understand

There is no longer any legally enforceable legal claim for the entire foundation grant. The employment agency has a margin of discretion and decides for or against an extension on the basis of the documents that you submit to prove your business activity in the last six months.

Thus has the start-up subsidy, which has replaced ICH-AG and bridging money as a funding instrument. But what did the previous regulation look like?

Previous regulation: No discretionary power

They were initially paid for nine months an amount equal to the most recently received unemployment benefit I to the livelihood, in addition to subsidy for social security.

Then you could get another partial amount for six months. Prerequisites: You were unemployed and you can assess the profitability of your Company as well as prove your entrepreneurial suitability.

The start-up grant was not discretionary in the first nine months; if you met the conditions, you had a legal right to it. But as a founder, you also had some duties, you have to follow a certain procedure and lock-in periods and social insurance.

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