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Special features in case of disability
Educational support under the Federal Training Assistance Act (BAföG) is also the top priority for disabled and chronically ill students to finance their studies if they do not have sufficient funds of their own. Unless, of course, other funding bodies finance the studies. This may be the case if the disability is the result of a vaccination injury, an accident at work or an accident while attending nursery or school.
In accordance with the general administrative regulations, the Office for Educational Support usually bases its assessment of the disability on certificates from other bodies, e.g. in the form of a severely disabled person's pass. According to §3 of the Severely Disabled Persons Act, a disability is the effect of a functional impairment that is not only temporary and is based on an irregular physical, mental or psychological condition. Chronic illnesses can be proven by (specialist) medical certificates or statements from authorised psychologists.
Further information on this topic can be found at the Information Centre for Studies and Disability at the Deutsches Studierendenwerk (DSW). You can get direct advice from the Disability Advisor at the Studierendenwerk Oldenburg.
Hardship allowance when determining income
The BAföG takes into account the special situation of disabled students through various provisions. The prerequisite for receiving benefits under BAföG is that the student's educational needs are not fully covered by their own income and assets or by the income and assets of their spouse or parents. A disability has an effect here insofar as an additional hardship allowance is recognised on application when determining the parents' income(§25 Para. 6 BAföG).
This changes the income limit in favour of the BAföG recipient.
Not only the student's disability is taken into account, but also that of a dependant (parent, spouse) or other family member entitled to maintenance. To apply, the declaration of extraordinary burdens must be completed and proof of the disability must be provided in the form of a severely disabled person's pass or the assessment notice from the pension office if the degree of disability is less than 50%. This application must be submitted before the end of the authorisation period.
As in tax law, medical expenses due to a chronic illness, for example, can also be declared as extraordinary expenses; a recognised severe disability is not a mandatory requirement.
Tip: Be sure to submit the BAföG application, as the hardship allowance can make a big difference.
Funding beyond the maximum funding period
How long study funding is granted depends on the maximum funding period (FHD) specified for each degree programme. In addition, under certain conditions it is possible to receive financial support beyond the maximum duration of support (§15 para. 3 BAföG).
Disability
According to § 15 Para. 3 No. 5 BAföG, a disability, for example, is a reason that can lead to continued funding. A follow-up application must be submitted in good time before the end of the FHD. In addition, it must be credibly demonstrated that the training has been delayed due to a disability and that it was not possible to prevent the delay in training.
In order for the application for funding beyond the maximum duration to be successful, a forecast of the future course of study must also be included in the justification. In individual cases, this prognosis may have to be confirmed by the BAföG officer responsible for your subject or the examination office. You can find the responsible person on the website of your faculty or department.
Delays that occurred in the basic studies can only be recognised when applying for funding beyond the FHD if they had already led to a later submission of the certificate of achievement according to § 48 para. 2 BAföG at the end of the 4th semester and the delay could not be made up for in the main studies. An exception applies if the disability only occurred after the submission of the transcript of records.
In the case of a recognised delay due to a disability, the full amount of funding beyond the FHD is paid as a grant(§ 17 Para. 1 in conjunction with § 17 Para. 2 No. 2 BAföG).
Illness
According to § 15 Para. 3 No. 1 BAföG, an illness that has led to a delay in training may constitute a serious reason for granting funding beyond the FHD. In these cases, too, it must be credibly demonstrated that the illness was the cause of the delay in training and that the delay could not have been prevented (see above).
The funding is granted in accordance with § 17 Para. 1 in conjunction with § 17 Para. 2 Sentence 1 BA. § 17 Para. 2 Sentence 1 BAföG, half of the funding is paid as a grant and half as an interest-free loan.
Tip: If you experience delays in your studies due to illness or disability in the first few semesters of your degree programme, be sure to report this to the BAföG office in connection with the submission in accordance with § 48. It is not possible to take this into account retrospectively.
Another tip: The subject of "BAföG extension" is complicated. Advice on the subject is therefore strongly recommended (from the Social Department of the AStA of the University, the Disability Counselling Service or Ms Lammers, Deputy Head of Department).
Certificates of achievement after the 4th semester
At the end of the 4th semester, each funded student must submit a certificate of achievement in accordance with § 48 Para. 1 BAföG stating whether the usual coursework up to the end of the 4th semester has been completed on time (Form 5).
If a delay in studies has already occurred within the first four semesters of the degree programme for reasons that would probably justify funding beyond the maximum funding period in accordance with § 15 Para. 3 BAföG, a later submission of the proof of performance may be permitted in accordance with § 48 Para. 2 BAföG. In other words, disability or illness-related reasons can be invoked.
A follow-up application (standard forms) must be submitted in good time before the end of the authorisation period. This application must also be accompanied by Form 5, which states that (in the event of a delay) not all of the usual proof of performance could be provided. In addition, it must be made credible that the training was delayed, e.g. due to a disability, and that it was not possible to prevent the delay in training.
An explanation/forecast of the further training plan must be submitted, i.e. which certificates of achievement still have to be provided in order to obtain a positive certificate of achievement and when these certificates of achievement can probably be provided. In individual cases, this prognosis may have to be confirmed by the BAföG officer responsible for your subject (can be found on the website of your faculty or department) or the examination office, and the BAföG office will issue a separate decision on the application in accordance with § 48 Para. 2 BAföG.
Tip: If, for reasons of illness or disability, you have not been able to complete all the coursework required for a positive academic record, you should not refrain from submitting an application, but instead submit a so-called "negative academic record" in order to obtain an extension.
Dropping out of training or changing your degree programme
After dropping out of a course or changing specialisation, funding can be provided for another course in accordance with § 7 Para. 3 BAföG.
If there is an important reason in accordance with § 7 Para. 3 No. 1 BAföG, the discontinuation of training or change of specialisation must have taken place by the start of the 4th semester, i.e. within the first three semesters.
According to § 7 Para. 3 No. 2, however, an unavoidable reason can also be the cause of a cancellation or change.
If the cancellation or change only takes place after the start of the fourth semester, educational support for another course will only be provided if there were unavoidable reasons for the cancellation or change. An unavoidable reason is, for example, an unexpected disability - for example as the result of an accident - or an allergy to certain substances, which makes it impossible to continue the training or to pursue the profession previously pursued.
In the case of a first change for an important reason up to the end of the third semester, the new standard duration of study can be fully funded without taking into account the semesters already spent on the first degree programme. The new degree programme is also fully funded in the event of a change for an unavoidable reason.
Disability-related additional expenditure
Disability-related additional expenses are not taken into account in the amount of BAföG benefits.
Under certain circumstances, these can be applied for from other funding organisations.
Consideration of the disability in the loan repayment
Approximately 4 1/2 years after the end of the maximum funding period, the Federal Office of Administration will issue a notification regarding the amount of the loan and the end of the maximum funding period. Up to one month later, an application can be made to have disability-related expenses recognised (in accordance with § 18a Para. 1 BAföG). If these additional expenses are recognised, the income limit up to which BAföG recipients are exempted from repayment increases.
BAföG with an occupational or disability pension
Disabled and chronically ill students sometimes receive an occupational or disability pension. Under certain conditions, they can also receive BAföG. For this reason, those affected should apply for BAföG on a trial basis. Even a rejection can be helpful if other funding organisations are approached.
Raising the age limit
The age limit of 45 years at the start of studies can be raised for disabled or chronically ill prospective or current students if the study programme could not be started earlier for personal reasons, in this case due to illness. You can find more information on the procedure here.
Asset allowance
The asset exemption limit for trainees is €15,000 for under 30-year-olds and €45,000 for over 30-year-olds. To avoid "undue hardship", a further part of the assets can remain exempt from offsetting.
Examples:
- As long as the assets are demonstrably intended for the early acquisition or maintenance of a house property, insofar as this serves or is intended to serve the residential purposes of disabled persons or persons in need of care.
- Assets that are intended to mitigate the consequences of a physical or mental disability.