trainees whose Training can be encouraged to be governed by the training assistance and the SGB III, have no right to Hartz IV benefits, even if they actually get any financial support for personal reasons (§ 7 Abs 5 SGB II). In certain exceptional cases, trainees have won benefits under the Social Code II (SGB II § 7 para 6).
The Higher Social Court of Berlin-Brandenburg recently had to decide in a case concerning the interpretation of these exceptions. The applicant had stopped their university degree after 12 semesters and then started studying at a College for Social Education. The application for federal financial aid was rejected, because I submit for the demolition of the previous university studies is not an important reason. The application for unemployment benefits was also rejected because the applicant was out of § 7 Abs 5 SGB II of Hartz IV relation.
The Social Court makes clear in his order that the derogation clause in § 7 paragraph 6, No. 1 Book II favors only students attending a general school, which could stay living with their parents or, and therefore do not receive funding under the BAföG . These students are entitled to supplemental Hartz IV benefits. All other courses, especially those that give a professional degree, are not covered by the exception. The Court also makes clear that an exception to § 7 paragraph 6, No. 2 SGB II exists only when you actually the low demand rate of € 192, - is replaced by § 12 para 1 No 1 BAföG , to meet demand is not sufficient. According to the court in the applicant not a case of special hardship under § 7 para 5 sentence 2 SGB II was given, which would be the granting of SGB II benefits a loan have been possible. As a result, the applicant shall
so no public support for her new studies at the State College and no unemployment benefits while they studied there.
LSG Berlin-Brandenburg, Decision of 24.01.2008, L 26 B 60/08 AS HE
RA Joachim Genge
www.genge.info
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