Newest law impact in times of Corona on your BAföG

On 28.09.2020 the Berlin Senate passed the long-discussed “Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Bereich des Hochschulrechts”. Here we have compiled more detailed information about this.

This article focuses on the (expected) impact on your BAföG or the “Leistungsnachweis” after the 4th Bachelor’s semester.

As AStA, we find it frustrating that for months we and you have had to deal with non-transparent regulations from politicians and student institutes on the topic of supporting students in the Corona Pandemic and impact on the BAföG and have to keep having to do so. Even though some of our student demands have now been implemented in the law, some things are still unclear. But here are a few hints:

For students who have not (yet) submitted their Leistungsnachweis:

Since the adoption of the law, the Studentenwerk often requires you to prove Leistungsnachweis AUTOMATICLY one semester later. In fact, regardless of your score, your funding should be extended by one semester if you have made a normal BAföG (follow)application. Should the BAföG Amt still require you to provide the Leistungsnachweis, you can send a letter to the Studentenwerk stating the current law, and that you must therefore submit the Leistungsnachweis only one semester later.

For students who were unable to provide their Leistungsnachweis before the law was passed and no longer receive BAföG:

If you submitted your BAföG application this summer before the adoption of the law and it was rejected because you could not provide the corresponding points in the 4th semester, make an application for “withdrawal of an illegal non-favorable administrative act” in accordance with Section 44 sGB X! Thus, the administrative act (= your BAföG rejection notice) will also be withdrawn for the past (= from October 2020, the new approval period) if the proof of performance was the reason for the rejection! We were even advised by the Student Union. According to the new law, all those who have studied during the summer semester within the standard study period should be given one semester longer time to study.

To this end, simply write an informal letter to the Studentenwerk, which states: “Request for the withdrawal of an illegal non-favourable administrative act pursuant to Section 44 sGB X” („Rücknahme eines rechtswidrigen nicht begünstigenden Verwaltungsaktes“)! Thus, the administrative act (= your BAföG rejection notice) will also be withdrawn for the past (= from October 2020, the new approval period) if the Leistungsnachweis was the reason for the rejection! We were even advised by the Student Union. According to the new law, all those who have studied during the summer semester within the standard study period should be given one semester longer time to study.

For students who had their last semester of regular study in the summer semester 2020 and no longer receive a BAföG in the winter semester 2020/21:

Applies (almost) the same as in the previous paragraphs. If you have not yet submitted your BAföG (follow-up) application, see paragraph 1. If your application has been rejected, make an application for withdrawal (Section 44 SGB X), as in the second case!

ATTENTION: Unfortunately, the law does not apply to students who have already studied beyond the standard period of study in the summer semester 2020 and who for example had already submitted an application for funding over the maximum duration (Förderung über die Förderungshöchstdauer hinaus). If this is the case, you must continue to apply for your BAföG extension and prove the reasons individually. Here you will find an overview of the official reasons for renewal – and corona-related delays (for example failed exams) are also considered an extension reason!

If you have any questions, please make an appointment in our video consultation! New dates are unlocked every week.

RELATED: From 20.11.2020 Überbrückungshilfe can be applied for again. Information and the (partly new) conditions can be found here.