After a stand reconciliation and the subsequent letter from the Office BAföG students face the difficult question of whether any information on existing assets should be made - and if so, what? - Or whether it is sufficient to provide details and to pay as a result inevitably raised repayment amount. The latter leads to a regular criminal proceedings because the BAföG offices are obliged to report suspicions of fraud complaint. Here, the suspicion of fraud BAföG is sufficient that when a - when even supposedly still so low - Repayment amount has come. No information is therefore to make the worst of all possible defense strategies. Here I leave under this Article, the alternative self-incrimination with guilt even before the outside because this is not a defensive in the true sense. This path leads straight to a recovery and subsequent investigation.
In particular, there are the following tactics to prevent a recovery of rendered support:
first Defense of lack of knowledge on capital was made
Had no knowledge of the presence of assets as BAföG application, then there is an actual recovery obstacle. This is for instance the case when there exists the trainees denominated savings account that there was always owned by the grandparents. To the statement of the circumstances of ignorance and their detection are high demands to rule out abuse. A central starting point is the question of who issued the exemption order.
addition, the law in § 27 BAföG qualifying free allowance if there is a legal obstacle recovery before. Further, to avoid undue hardship, another part of the qualifying assets remain free to § 29 para 3 BAföG.
second Objection of a covert Trust
When trust assets are such that, although is legally part of the trainees assigned to him so heard it on this but due to the Trustor taken escrow agreement may not have free and that is to repay at a predetermined time. Legally, the assets of the trainees therefore charged with the right to restitution of the settlor, so this is on capital debt deducted, § 28 para 3 BAföG. In the case of the objection of a covert trust even more stringent requirements are imposed on the presumption of actual existence. This is a specific description of the measures trust agreement, the separation of the trust property from its own assets and the lack of their own access to the trust assets to show good faith of central importance.
As evidence of the existence of a trust agreement the repayment of the trust assets deemed to the settlor, if the repayment was already before the formal notice of BAföG Office for financial disclosure.
third Objection of debt from (parent) loans
debt and must be deducted from the assets of the trainees, § 28 para 3 BAföG. This, in principle, include loans payable. The debt must have existed at the time of application (as principle). As a liability is because in principle such a loan from a parent relatives or other loans into consideration. To counteract the abuses law creates the presumption of such loans subsequently the scale of the so-called at arm's . After that loan is granted at no other relatives are considered for loan agreements between third parties. Earlier as a necessary precondition the existence of a written was considered loan agreement. Of this is the case now ready to come when in reality the loan contracts between relatives, be closed particularly in grandparent / parent-child relationship, in most cases orally. The writing requirement in practice led eventually to the fact that were subsequently deemed submitted written contracts BAföG offices and courts, and students and their parents this way were in danger of being prosecuted.
is still the case law of strict requirements on the likelihood of the concrete (oral) loan agreement. It regularly is the time of the agreement to prove, like the agreements made for loan repayment, which was actually paid by Payments / rates can be detected. It should be noted that borrowings can be considered only in so far as assets reducing the repayment during the time period is approved in the education grant is due. Loans granted by the parents for training purposes, and therefore to satisfy the statutory maintenance obligation, are not take into account .
4th Objection of the asset consumption
BAföG is Often a request at the beginning of Winter semester in September / October of each year provided. The value of the assets lies with the application was below the current allowance, currently € 5,200. The reconciliation covers more often, significant investment income from the calendar year of application to light. The consumption of the assets of up to six months before the application is demonstrated on the best paper-based. Here is the submission of invoices, receipts and transfers in question. But more than half a year back issues should be prima facie evidence or proof, as far as admission to the course was already intended as an asset consumption took place. This is based on the principle of law that quite unfair asset dispositions are ignored in favor of the trainees, as they are intended, precisely to bring about the need. This is why the transfer of assets to the parents or others gratuitous always ignored. If the asset consumer to purchase a car, you must ensure that the student can prove the ownership of the vehicle by a buyer in the sales contract occurs and is entered in the vehicle registration. This is particularly so when the vehicle of the parents is acquired. The value of the vehicle when the application should not exceed € 7500, because a car is only free until then qualifying.
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