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Court ruling: Even in dual studies you do not get Hartz IV (symbol image)
Photo: Oliver Berg / picture alliance / dpa
As a rule, students are not entitled to basic social security.
This also applies to dual studies, as the North Rhine-Westphalia State Social Court in Essen has now decided.
A student and trainee complained.
Anyone who could get Bafög cannot apply for Hartz IV – even if the Bafög application was rejected, as was the case with the plaintiff before.
This is because students are not fully available to the labor market - their main job is their studies.
In order to receive benefits, they would have to take a leave of absence from their studies.
But then they couldn't study any further.
The plaintiff studied mathematics and computer science at a university of applied sciences and at the same time did an associated training as a software developer.
His applications for vocational training allowance and vocational training grant were rejected, whereupon he applied for basic security.
However, the job center in Aachen rejected his application and the man went to court – without success.
His complaint was rejected by the social court in Aachen, as well as now by the state social court.
However, the decision is not yet final.
The student turned to the Federal Social Court in Kassel, where he appealed, as the court in Essen further announced.
A few exceptions
In a few exceptional cases, students can receive basic security instead of student loans.
The Hessian State Social Court in Darmstadt ruled in January 2021 that a student studying part-time was entitled to Hartz IV.
A part-time study could not be funded by Bafög, the reason given at the time, because it did not fully take up the student's work capacity.
In such cases, Hartz IV is not excluded.
There was also an exception during the corona crisis: students without Bafög entitlement, who were in need of subsistence due to the corona crisis, were entitled to social benefits.
This emerged in April 2020 from a response from the Ministry of Education to a request from the left.
taf/AFP
