As a rule, students do not receive SGB II benefits or SGB XII benefits for the typical maintenance requirements of their education. Both the SGB II (§ 7 Abs. 5 Satz 1) and the SGB XII (§ 22 Abs. 1 Satz 1) stipulate that students whose education is fundamentally eligible - and these are all regular courses of study - are not entitled to benefits to secure their livelihood. This is based on the idea that the normal maintenance needs of students are to be covered by the social benefit BAföG, if the funds required for education and subsistence are not otherwise available (see § 1 BAföG).
However, there are exceptions: In cases of particular hardship, benefits can be provided to secure living costs, according to SGB II only as a loan, in SGB XII as (non-repayable) aid or loan. Such hardship cases have so far only been recognised in serious cases of, for example, disability / illness / need for care. Information on the legal criteria for accepting a case of hardship can be obtained from the social counselling service of the Studierendenwerk.
The granting of a loan in cases of hardship is now also possible on a transitional basis for the first month of study. Because one month is often exceeded in practice, an extended transitional application should be made in certain cases.
Non-typical maintenance needs include needs based on special circumstances that are independent of training, in particular disability, illness, pregnancy, child-rearing and care.
The following non-typical training maintenance requirements are additionally financed within the framework of SGB II or SGB XII:
Students who live with their parents and are supported by BAföG have the opportunity to receive additional benefits in accordance with SGB II for the costs of accommodation and heating.
You can obtain advice on the eligibility requirements from the social counselling service or the job centre.