The legal regulations that have been put in place to mitigate or prevent negative consequences for your studies will continue to accompany the Office for Educational Support (Amt für Ausbildungsförderung) and thus also BAföG benefit recipients for some time to come. We therefore inform you about special regulations regarding BAföG.

Does the pandemic semester automatically extend the standard period of study?

Yes, under certain conditions.

Art. 99 para. 2 BayHSchG (today: Art. 130 para. 2 BayHIG) has been amended three times: On 08.07.2020 retroactively to 20.04.2020 for the summer semester 2020, on 23.03.2021 retroactively to 01.10.2020 for the winter semester 2020/2021 and the summer semester 2021 and on 08.12.2021 retroactively to 01.10.2021 for the winter semester 2021/2022.

Accordingly, for students enrolled in a degree course at a state or state-recognized higher education institution in the summer semester 2020, winter semester 2020/2021, summer semester 2021 or winter semester 2021/2022 and who are not on leave of absence, an individual standard period of study that deviates from the standard period of study is extended by one semester. The individual standard period of study corresponds to the standard period of study extended by one semester for each semester in which the requirements according to sentence 1 are met.

This regulation applies to all students who were still within their original standard period of study in the summer semester 2020. This means that the regulation does not apply to students who had already reached the end of the standard period of study in the winter semester 2019/2020. This means that if you were enrolled in the summer semester 2020, winter semester 2020/2021, summer semester 2021 or winter semester 2021/2022 in a (the same) degree program (e.g. no language courses) at one of our universities and were not on leave of absence (submission of the certificate of enrollment according to § 9 BAföG for each semester is therefore mandatory in all cases), the standard period of study can be extended by up to four semesters; one semester longer for each pandemic semester.

The standard period of study is officially extended.

The extension of the standard period of study generally takes into account delays caused by the pandemic.

Do I still have to submit the certificate of achievement after four semesters, even if there were pandemic semesters within the first four semesters of my studies?

For each pandemic semester (summer semester 2020, winter semester 2020/2022, summer semester 2021 and winter semester 2021/2022), the submission deadline for the transcript of records is postponed by one semester (Art. 130 para. 2 BayHIG applied accordingly). This only applies as long as you are enrolled in one (and the same) degree program at one of our universities and were not on leave of absence during these semesters.

Example: Students for whom the summer semester 2020 was the fourth semester of study must actually submit the proof of performance of four semesters of study, achieved by the end of the fourth semester of study, in order to be eligible for funding for the fifth semester of study, the winter semester 2020/2021. In this case, the submission can now be postponed by up to four semesters. This means that it is sufficient to prove that you have achieved the usual level of achievement of four semesters by the end of the summer semester 2022, although in the example case the summer semester 2022 is already the eighth semester. In this case, you will have 4 semesters longer to achieve the usual level of achievement of four semesters.

Background: In principle, educational support can only be provided from the fifth semester onwards if it can be proven that the student has reached the usual level of performance by then. The exact regulation for this is contained in § 48 Para. 1 BAföG. Proof is provided by submitting Form 5, which is issued by the aptitude assessor (full-time member of the teaching staff). This FORM IS MANDATORY for funding from the fifth semester onwards.

Due to the corona pandemic, I am unable to complete my studies. The certificate of achievement is negative. What does this mean for my funding?

If you receive a negative certificate of achievement, please contact the Office for Educational Support, as the submission of the certificate of achievement can be postponed, but each case must be examined individually.

For students who were enrolled in a degree program at a state or state-recognized university in the summer semester 2020 and were not on leave of absence, the submission deadline for the certificate of achievement is postponed by one to four semesters (Art. 130 para. 2 BayHIG in corresponding application) - see previous question.

Example: Students for whom the summer semester 2020 was the fourth subject-related semester must actually submit the proof of performance for the usual level of performance of four subject-related semesters, achieved by the end of the fourth subject-related semester, in order to be eligible for funding for the fifth subject-related semester, the winter semester 2020/2021. In this case, the submission can now be postponed by up to four semesters. This means that it is sufficient to prove that you have achieved the usual level of achievement of four semesters by the end of the summer semester 2022, although in the example case the summer semester 2022 is already the eighth semester. In this case, you will have 3 semesters longer to achieve the usual level of achievement of four semesters.

However, further reasons for delays from the summer semester 2020, the winter semester 2020/2021, the summer semester 2021 and the winter semester 2021/2022 can then no longer be taken into account, as all delays are compensated for with the postponement option.
However, if delays have already occurred before the pandemic, BAföG offers the possibility to postpone the submission of the certificate of achievement even further in these cases.

The Office for Educational Support checks the causality on the basis of the course of studies (overview of the performance in the individual semesters - passed and failed examinations) and on the basis of the student's declaration.

Background: BAföG includes the possibility of postponing the submission of the certificate of achievement, i.e. in justified exceptional cases, trainees can be granted more time to complete the usual achievements, § 48 Para. 2 in conjunction with § 15 Para. 3 BAföG. § 15 para. 3 BAföG. Unavoidable interruptions to training due to the pandemic can also constitute a serious reason within the meaning of § 15 Para. 3 No. 1 BAföG. According to § 48 para. 2 BAföG, the submission date for certificates of achievement may also be postponed accordingly.

I cannot complete my studies within the standard period of study due to the corona pandemic. Am I still entitled to a BAföG payment?

Art. 99 para. 2 BayHSchG (now Art. 130 para. 2 BayHIG) has been amended three times: On 08.07.2020 retroactively to 20.04.2020 for the summer semester 2020, on 23.03.2021 retroactively to 01.10.2020 for the winter semester 2020/2021 and the summer semester 2021 and on 08.12.2021 retroactively to 01.10.2021 for the winter semester 2021/2022.

Accordingly, for students enrolled in a degree course at a state or state-recognized higher education institution in the summer semester 2020, winter semester 2020/2021, summer semester 2021 or winter semester 2021/2022 and who are not on leave of absence, an individual standard period of study that deviates from the standard period of study is extended by one semester. The individual standard period of study corresponds to the standard period of study extended by one semester for each semester in which the requirements according to sentence 1 are fulfilled.

This means that on the basis of § 15a Para. 1 BAföG, the maximum funding period can be extended accordingly - automatically - by one to four semesters.

This regulation applies to all students who were still within their original standard period of study in the 2020 summer semester. This means that the regulation does not apply to students who had already reached the end of the standard period of study in the 2019/2020 winter semester.

This means that if you were enrolled in the summer semester 2020, winter semester 2020/2021, summer semester 2021 or winter semester 2021/2022 in a (the same) degree program (e.g. no language courses) at one of our universities and were not on leave of absence (submission of the certificate of enrollment according to § 9 BAföG for each semester is therefore mandatory in all cases), the standard period of study can be extended by up to four semesters; one semester longer for each pandemic semester.

The standard period of study is then officially increased by one semester.

By taking this into account, students will then not be able to refer to study delays in the summer semester 2020, winter semester 2020/2021, summer semester 2021 or winter semester 2021/2022. With the extension of the standard period of study, delays due to the pandemic are generally taken into account.

However, if delays have already occurred before the summer semester 2020, these can of course also be taken into account.

But here too, the reasons for the delay must be the cause of the delay. Please contact the Office for Educational Support, as each case must be examined individually. The Office for Educational Support will check the causality on the basis of the course of study (overview of the performance in the individual semesters - passed and failed examinations) and on the basis of the student's explanations.

Background: The BAföG includes the possibility of being funded beyond the maximum funding period, Section 15 (3) BAföG. This means that unavoidable interruptions to training due to the pandemic can also constitute a serious reason within the meaning of § 15 Para. 3 No. 1 BAföG and students can receive funding for a reasonable period longer.

Is the receipt of graduation assistance affected?

Trainees who receive graduation assistance and are unable to complete their studies within the planned period of graduation assistance due to the closure of their university or the postponement of the start of lectures will continue to receive graduation assistance for up to 12 months even during the pandemic-related restrictions. However, students remain obliged to do everything possible to complete their studies quickly.

If there are delays through no fault of their own during the pandemic semesters while they are receiving graduation assistance, the graduation assistance can be extended once for a further 6 months in exceptional cases. This means that in exceptional cases, graduation assistance can be received for a maximum of 18 months.

I have been working in systemically important industries to combat the novel coronavirus. How is my income counted towards BAföG?

Various laws have been passed, repealed and new laws have been passed to ensure that applicants' income from work in systemically relevant industries and professions is not counted as income within the meaning of the BAföG Act for the duration of this work or increase in working hours to combat the COVID-19 pandemic, which has been taken up or increased since March 1, 2020. With the latest amendment to the law, the legislator has at least come a little closer to its intended goal.

The amendments to Section 21 and Section 53 BAföG were promulgated on May 28, 2020. § Section 53 para. 2 new BAföG was repealed and Section 21 para. 4 no. 5 BAföG was added.

The changes come into force from 01.03.2020 - i.e. retroactively.

The amendments will apply until the lifting of the established epidemic situation of national importance as a result of the COVID-19 pandemic is announced in accordance with Section 5 (1) sentence 3 of the Infection Protection Act - i.e. they will no longer apply from the following month.

Now, “additional income from an activity of the applicant in systemically relevant industries and professions, insofar as the activity to combat the COVID-19 pandemic and its social consequences has been taken up or increased in its working hours since March 1, 2020, may be disregarded for the duration of this activity or increase in working hours” when offsetting income.

The income must be income from an activity in systemically relevant sectors and professions. These are, for example, activities in the healthcare sector, in social institutions (care facilities, e.g. geriatric care, etc.) or in agriculture.

The activity must be carried out to combat the COVID-19 pandemic and its social consequences. It must have been newly taken up or increased in scope since 01.03.2020. In this case, the income from the newly taken up activity and income from the increase in time can be exempted from offsetting.

However, students are still obliged to report all income earned immediately. Whether and to what extent income can be exempted is checked by the Office for Educational Support in each individual case.

Do I lose my funding status, § 8 I No. 3 BAföG, if I have lost my job due to the pandemic?

The decisive factor in this question is whether the employment relationship has actually been terminated or whether it is only not possible to work.

If the employment relationship continues, only without the provision of work, it should have no effect on the funding. If the employment relationship has actually been terminated, this does not necessarily mean that the funding will cease. In particular, periods of interruption of up to a maximum of two months are not detrimental to funding. However, there are other exceptions.

You can find more information about working during your studies on the Student Life Advice website.

Does the postponement of the start of the semester affect the funding?

The postponement of the start of the semester had no effect on funding.

Students who are unable to start their studies in the summer semester 2020 as originally planned will receive their BAföG as if the on-campus lectures had started at the originally planned start of the semester.

The postponement of the start of lectures in the winter semester 2020/2021 (postponed to 02.11.2020 at most universities) also has no effect on funding. First semester students can also receive funding from October 2020 if the application is received by the Office for Educational Support in October 2020. This also applies if classes do not start until November 2020.

Background: In principle, training assistance is paid “from the beginning of the month in which the training commences, but at the earliest from the beginning of the month of application”, § 15 Para. 1 BAföG. The course is “deemed to have commenced at the beginning of the month in which classes or lectures actually begin”, § 15b Para. 1 BAföG. The postponement of the start of the semester would therefore have had an impact on all students who start studying at one of the universities concerned at the beginning of the summer semester 2020 and at the beginning of the winter semester 2020/2021 and apply for BAföG. According to the statutory regulations, funding would only have been possible from April 2020 or November 2020 and not from March 2020 or October 2020.

At my university, the lectures in the pandemic semesters did not take place as planned. Will I still receive educational support (BAföG)?

BAföG continued to be paid even during the period in which the university remained closed due to the pandemic. However, insofar as the educational institutions maintain teaching and training operations through online learning opportunities during the closure periods, all students who receive BAföG benefits are obliged to make use of this offer to the same extent as they would during normal teaching operations and to actually continue their education in this way. The BAföG entitlement remains intact, even if the university only offers online courses.

Background: In principle, only those who attend the educational institution can be funded, § 9 BAföG. Attendance at the training institution is only accepted if the trainee attends the courses and participates in them regularly and if there is evidence of academic progress that suggests that the intended educational goal will be achieved.