Benefits for Education and Participation
The benefits for education and participation (BuT) represent a support instrument anchored in German social law, aimed at enabling children and young people from low-income families to participate in educational, social, and cultural development. The goal is to prevent social disadvantage and promote equal opportunities in education. The relevant regulations can be found particularly in §§ 28 ff. of the Second Book of the Social Code (SGB II), SGB XII, and the Federal Child Benefit Act (BKGG).
Legal Basis
Statutory Basis
The education and participation package was introduced in 2011 and is regulated in SGB II, SGB XII, and the BKGG. The decisive provisions are in particular §§ 28-29 SGB II for recipients of Unemployment Benefit II (“Hartz IV”), § 34 SGB XII for recipients of social assistance, and § 6b BKGG (child supplement and housing allowance). The concrete structure is further determined by administrative regulations and implementation laws issued by the federal states, as well as local statutes.
Eligible Persons
Eligible are generally children, adolescents, and young adults who themselves are entitled under SGB II, SGB XII, or whose parents receive benefits such as Unemployment Benefit II, social assistance, child supplement, or housing allowance. The age limits depend on the respective type of benefit; for some benefits, reaching the age of 25 is relevant. For certain benefits such as school transport, enrollment in a formal educational program is required.
Individual Benefits
School Supplies
According to § 28 (3) SGB II, eligible pupils receive an allowance for necessary personal school supplies, which is usually granted in two installments per school year (on August 1 and February 1). The amount is standardized (§ 34 SGB XII refers to the provision in SGB II).
Excursions and School Trips
Pursuant to § 28 (2) SGB II, expenses for one-day excursions from schools and daycare facilities, as well as longer school trips, are fully covered as long as these are events provided for under school regulations.
Student Transport
In accordance with § 28 (4) SGB II, the necessary expenses for travel to the nearest school for the chosen educational program are covered, provided these costs are not already covered by other institutions and are necessary (e.g., exceeding certain distances).
Learning Support (Tutoring)
A claim to learning support under § 28 (5) SGB II exists if this is necessary to achieve essential learning objectives and if school-provided support is insufficient. Demonstrable individual necessity (e.g., at risk of not being promoted to the next grade) is a prerequisite.
School Lunch
Costs for communal school lunches in schools and daycare centers can be covered under § 28 (6) SGB II. Since a legislative amendment in 2019, no co-payment by the beneficiaries is required.
Participation in Social and Cultural Life
According to § 28 (7) SGB II, children and young people up to the age of 18 are entitled to a monthly amount (currently 15 euros) for activities in the areas of sports, culture, and leisure (e.g., club memberships, music lessons).
Application Process and Procedure
The application can be submitted informally or using standardized forms to the competent municipal authorities (e.g., Jobcenter, social welfare office, housing allowance office). Benefits are granted upon application, with proof of need and documentation of participation or costs required. The approval period and scope of benefits depend on the measure and the duration of eligibility for the main benefit.
Obligation to Provide Evidence
For almost all benefits, actual participation or incurring of costs must be proven to the benefit office (for example, by certificates from the school or clubs, receipts, etc.).
Payment and Benefit-in-Kind
Benefits are predominantly provided as benefits-in-kind or via direct transfer to providers, for example for tutoring or club memberships. Cash payments directly to beneficiaries are rare and only offered if no other form of benefit is possible.
Legal Remedies and Legal Protection
Appeals may be filed against negative or restrictive decisions by the benefit offices. The procedure follows the general rules of social jurisdiction (§§ 62 ff. Social Court Act, SGG). In case of disputes, the social court decides in the course of a possible lawsuit.
Special Circumstances of Individual Benefit Providers
For different groups of beneficiaries and social benefits (SGB II, SGB XII, BKGG), there are sometimes different organizational responsibilities, requirements, and interpretations, particularly regarding regional implementation and administrative practice. Implementation and administration are generally the responsibility of the municipalities.
Distinction and Relationship to Other Benefits
Benefits for education and participation are subsidiary. Existing (state or municipal) regulations regarding school fee waivers or transport obligations have priority. Accumulation or double funding is excluded.
Legislative History and Development
The education and participation package was introduced in response to decisions by the Federal Constitutional Court on ensuring a subsistence minimum in line with human dignity (BVerfG, judgment of 9 February 2010 – 1 BvL 1/09 et al.) and has since been amended by law several times in order to close gaps in provision and to simplify administration.
Literature and Further References
- §§ 28 ff. SGB II/ § 34 SGB XII/ § 6b BKGG
- Federal Ministry of Labour and Social Affairs: Information on Benefits for Education and Participation
- Administrative instructions from the relevant state and local information portals
Benefits for education and participation are a central social law instrument in Germany that makes a significant contribution to equal opportunities and the support of socially disadvantaged children and young people. The range of benefits comprises several modules, with their eligibility requirements, scope, and application procedures shaped according to statutory and administrative requirements.
Frequently Asked Questions
Who is entitled to benefits for education and participation?
Children, young people, and young adults are entitled to benefits for education and participation (BuT) if they receive certain social benefits themselves or live in a household with recipients of such benefits. This includes, in particular, recipients of Unemployment Benefit II (SGB II), social benefits, social assistance under SGB XII, benefits under the Asylum Seekers Benefits Act, child supplement under § 6a BKGG, and housing allowance under the Housing Allowance Act. The entitlement generally applies until the age of 18, and in certain cases (such as for learning support or participation in school trips) up to the age of 25, provided that the young person does not receive vocational training remuneration. The key factor is that the specified benefits are being received during the approval period. In each individual case, the current notice of benefit is decisive, as well as the status of the benefit community and the relationship to the persons with parental authority.
Which specific benefits are included in the education package in legal terms?
The education package under §§ 28-29 SGB II as well as corresponding regulations in SGB XII and BKGG legally defines the following areas of support:
- Participation in social and cultural life in the community (e.g., club fees up to 15 euros per month),
- Excursions and multi-day class trips in accordance with school regulations,
- Provision of personal school supplies (so-called school starter package),
- Student transport costs, provided these are not otherwise covered,
- Learning support for pupils when this is additionally required to achieve essential learning objectives,
- communal lunch in schools and childcare facilities.
The eligibility requirements, evidence, and application procedures are separately regulated for each benefit area in the relevant laws and administrative provisions.
How is the application for benefits for education and participation made?
The benefits must be actively applied for in accordance with § 37 SGB II and corresponding regulations. Responsibility lies with the Jobcenter or social authority, depending on the type of underlying benefit. For children receiving housing allowance or child supplement, the municipalities are usually the approving authority. Applications can be submitted using a specific form or informally, although in practice prescribed application forms are regularly required. The application must be accompanied by appropriate proof of eligibility, typically the current notice of benefit and evidence for the specific benefits applied for (e.g., club certificates, school enrollment confirmations, payment receipts for excursions). The authority examines the entitlement in each individual case and implements the benefit through direct payment, benefits-in-kind, or vouchers.
What legal remedies are available upon refusal or non-approval?
If an application for benefits for education and participation is refused or no decision is made within a reasonable period, applicants have recourse to legal action. A formal objection can be filed within one month of notification against negative administrative acts (§ 84 ff. SGG). If the objection does not bring redress, a claim can be filed before the competent social court (§ 87 SGG). There is also the possibility of applying for a preliminary injunction if an urgent decision is required (for example, due to upcoming excursions). It is advisable to seek advice from social associations or lawyers to choose the appropriate legal steps.
What deadlines apply for applications and evidence?
Generally, benefits for education and participation can only be approved and granted for periods during which the eligibility requirements are met and a corresponding application has been submitted (§ 37 SGB II in connection with §§ 7, 28 SGB II). Retroactive approvals are legally possible only in narrowly defined cases, and usually limited to the month of application (§ 37 (2) sentence 2 SGB II). For school supply packages, benefits are automatically paid out on specific dates in the year; a separate application is often not required if a basic entitlement exists. For other benefits, such as learning support or club fees, documentation and payment receipts must be submitted in a timely manner, usually monthly or annually, for reimbursement or approval to occur.
How are the benefits provided (cash, in-kind, voucher)?
The type of benefit provision is clearly regulated by law (§ 29 SGB II). Benefits are predominantly granted as purpose-bound benefits-in-kind or cash benefits (e.g., vouchers to be presented to providers or as direct payment to benefit providers such as schools or clubs). Only in exceptional cases is payment made directly to the beneficiaries themselves, for example when proof of use has been provided and an in-kind benefit is not feasible. For school meals and student transport, there is usually direct billing between the authority and the respective provider or payer.
What obligations exist towards the authority when receiving benefits?
Applicants and beneficiaries are required under § 60 SGB I to provide all facts relevant to the entitlement fully and truthfully, and to immediately notify the authorities of any changes that could affect the entitlement (e.g., change of school, residence, or termination of need). In cases of misuse or failure to cooperate, improperly paid benefits may be reclaimed (§ 50 SGB X), and administrative fines or criminal consequences may be imposed in cases of intentional deception. Authorities are required to inform about the duties to cooperate and the consequences of violations.
