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BAföG + car: cars are not household items

accounting of motor vehicles for assets of a student (Federal Administrative Court, 5 C 3 / 09, decision of 30.06.2010)

Last year the Federal Administrative Court ruled that motor vehicles regardless of size or other characteristics as an asset within the meaning of § to consider 27 BAföG with the actual value.

context of decision:
Earlier, the BAföG offices all vehicles considered regardless of their size and other characteristics as household items, which according to § 27 paragraph 2 No. 4 BAföG not contribute to the ability of the trainees be. This approach is even an appropriately worded administrative regulation 27.2.5 VwV provide.
The administrative courts are not bound to adopt the regulations, because they have no legal standing.
are BAföG offices since 2007, mostly gone to the principles of social courts for asset accounting of motor vehicles in the social assistance law by analogy. This resulted in the present practice means that vehicles will remain free to qualifying to a value of 7,500 € (Federal Social Court of 6.9.2007, B 14/7b AS 66/06).

The current decision of the Federal Administrative Court:
In his recent ruling the Federal Administrative Court now expressly denies the freedom of the recognition of motor vehicles for wealth, while the administrative regulation 27.2.5 expressly left out of consideration. A vehicle is classified as goods in the amount of action using its recovery proceeds recoverable assets.
The Federal Administrative Court has also made reference to a provision in the Social Welfare Law, § 12 para 3 No 2 SGB II, after which an appropriate motor vehicle is excluded separately and specifically refers to an asset recovery. That fact, however, according to the Federal Administrative Court against a straight right cross-recovery principle of freedom of motor vehicles.
is thus rejected the same time the existing administrative-law case, in the interest of a simple discretionary move, a recovery only requires such motor vehicles as a luxury or value of capital assets (vintage) are classified, the normal value exceeds significantly, have a significant value or which is to reasonable life of a student is not required.

Conclusion:
likely of the above, also so far received from the offices BAföG appropriate application of the Federal Social Court adopted qualifying free limit amount of 7,500 € for motor vehicles of recipients of ALG 2 (or Hartz IV) does have (SPA v. 6.9.2007, above). For apprentices is in contrast to job-seeking recipients of basic security services do not require integration into working life at the center. As the BAföG offices in old cases will deal with that case remains to be seen. For new applications it will probably require an explicit reference to indicate the future of motor vehicles upon the declaration of the assets in Form 1.