Maintenance Allowance

Last Update: 20. Aug 2025

Definition and Legal Basis of Maintenance Allowance

Die Maintenance allowance is a term from German social and civil service law and refers to a financial benefit granted to certain persons to ensure their livelihood. Its primary purpose is to cover living expenses in special situations – especially within the framework of state training relationships or when one’s own means of subsistence are lost. The respective prerequisites, amount, and duration are determined by the relevant statutory and subordinate legal provisions. In Germany, maintenance allowance is particularly relevant in civil service law, in the field of legal education, and in social law.

Maintenance allowance under civil service law

Maintenance allowance during training

The maintenance allowance applies to certain forms of public service employment relationships that exist within the framework of training in the public sector. Above all, trainee lawyers and teacher trainees do not receive regular remuneration, but a maintenance allowance. The legal basis for this is Section 38 of the Civil Servants Status Act (BeamtStG) in conjunction with the respective state regulations, such as the state civil servant laws or special provisions for trainees.

Eligible persons: Individuals in a public law training relationship, such as legal trainees, teacher trainees, or, in some cases, junior civil servants in preparatory service
Calculation: The amount depends on the training stage and the federal state. It is generally lower than the salary of an equivalent probationary civil servant.
Purpose: Ensuring the necessary livelihood during the training period in a public law service relationship

Distinction from salary and training support

The maintenance allowance differs from salary in that it is intended for training purposes and does not constitute compensation in the same way as for regular probationary or tenured civil servants. It is also to be distinguished from training support under the Federal Training Assistance Act (BAföG), which applies to students or trainees who are not in a public law training relationship.

Maintenance allowance in social law

In a broader sense, the term maintenance allowance also includes social law support services, such as maintenance advance payments under the Maintenance Advance Act (UVG) or other assistance to secure means of subsistence. These are primarily intended to provide compensation if maintenance payments cease to be made – for example, due to the death of a person liable for maintenance or a failure to fulfill maintenance obligations.

Maintenance allowance as assistance for living expenses

In the field of the Social Code (SGB), a maintenance allowance can be designed as an element of assistance for living expenses (SGB XII) or as special support services for needy persons. These include groups such as:

Orphans and half-orphans (Sections 48 ff. SGB XII)
Needy children and adolescents
Students and trainees in special emergencies

Purpose and objective of social law maintenance allowance

Securing the minimum subsistence level: Ensuring a standard of living in line with human dignity
Social compensation: Preventing hardship when private maintenance obligations fail

Maintenance allowance in legal education

In the field of legal education, the maintenance allowance is particularly important during the legal clerkship. It provides the primary financial foundation for legal trainees.

Legal classification

Status: Legal trainees are not civil servants in the sense of status law, but are in a special type of public law training relationship.
Legal basis: Depending on the federal state, different regulations apply, for example, the legal education laws of the federal states
Amount: The maintenance allowance varies by state and is often around 1,000 to 1,500 euros per month (as of 2024).

Tax and social security treatment

Tax obligation: The maintenance allowance for legal trainees is generally subject to income tax (Section 19 EStG) and is considered other income.
Social insurance: No mandatory contributions to statutory social insurance have to be paid.

Maintenance allowance during retraining, further training, and special needs situations

The term maintenance allowance is also used outside the public law service, for example in retraining situations or in cases of special need. For example, as part of measures by the Federal Employment Agency, a maintenance allowance may be granted as part of employment promotion benefits to secure living expenses during an eligible further training measure (§ 56 SGB III).

Target group: Persons who are reorienting themselves professionally or undergoing further training, and whose income is insufficient during this period
Assessment: The amount is determined according to need and legal regulations, and, if applicable, familial circumstances and child maintenance obligations

Differences from maintenance advances and other benefits

The terms maintenance allowance and maintenance advance must be distinguished. The maintenance advance under the Maintenance Advance Act (UVG) is a state benefit for children whose custodial parent does not receive any or sufficient maintenance. In contrast, the maintenance allowance primarily refers to original support for subsistence during education, social hardship, or retraining.

Legal consequences and repayment conditions

In most cases, the maintenance allowance is designed as a non-repayable benefit. An obligation to repay generally arises only in cases of unjustified claims or misinformation regarding eligibility. In certain cases, recovery under Sections 45 ff. SGB X may occur if the benefit was wrongly granted.

Summary

Die Maintenance allowance is a legally clearly defined financial support that applies in various areas of German law. Its primary purpose is to secure subsistence during training phases in the public service, within the framework of retraining, or in social law–defined hardship situations. The respective eligibility requirements, calculation methods, and legal consequences are regulated by specific laws and ordinances.

Frequently Asked Questions

What legal requirements must be met to qualify for a maintenance allowance?

To establish a legal entitlement to a maintenance allowance, certain prerequisites must generally be met. First, there must be a need for support, meaning that the applicant is unable to cover their own living expenses with their own resources and efforts. The applicant must not possess sufficient income or assets to meet their essential needs. It must also be proven that a legal maintenance obligation exists under family law provisions, in particular under the provisions of the German Civil Code (BGB). The eligibility requirements differ according to the group of persons (e.g., spouse, children, parents) and may be modified by special statutory provisions, such as the Maintenance Advance Act or training assistance law. It is also essential that no priority benefits (such as social benefits or priority maintenance obligors) exist, unless explicitly stipulated by law. Finally, entitlement to maintenance allowance may also depend on additional circumstances such as a special life situation (e.g., during training, for military service personnel) or public interest.

How is the amount of the maintenance allowance calculated legally?

The calculation of the maintenance allowance is governed by the relevant legal provisions. As a rule, the amount is based on fixed rates or needs assessments determined by statutory provisions or case law. These include, for example, the Düsseldorf Table for child maintenance or the requirements of Section 1610 BGB regarding adequate maintenance. The income and assets of the applicant and, if relevant, the income of the person obliged to provide maintenance are examined in detail. Depending on the applicable legislation, deductions may be made for certain necessary expenses (e.g., reasonable housing costs, educational expenses, special needs). In addition, during the means test, any own income or government benefits—for example, child benefit or BAföG—are also considered. After a detailed assessment, compensation is made for the determined maintenance needs, and a tiered or percentage adjustment may apply.

What duties apply regarding cooperation and provision of proof when applying for a maintenance allowance?

In the legal context, applicants are subject to extensive cooperation obligations. According to Section 60 SGB I, the applicant must provide all relevant facts fully and truthfully and substantiate them with supporting documents if necessary (e.g., proof of income, bank statements, tenancy agreements, notices of other social benefits, proof of need). The authorities or responsible bodies are entitled, within the scope of their official investigation duties (see Section 20 SGB X), to require further cooperation for verification of eligibility. Non-compliance or inadequate compliance with these duties may lead to the rejection of the application or suspension of benefits already granted. Furthermore, there is an obligation to report any changes in personal or economic circumstances without delay in order to prevent unlawful receipt of public funds.

Under what legal circumstances can the maintenance allowance be denied in whole or in part?

The maintenance allowance may be denied if the legal requirements are not (or are no longer) met, in particular if the applicant is not in need, does not state their income or assets correctly, or if other priority benefits (for example, benefits according to SGB II or SGB XII) must be claimed. Another reason for refusal exists if false information is given intentionally or negligently, or if cooperation duties are violated. In individual cases, statutory provisions provide for sanctions, for example, in cases of unjustified double claims or in the event of particularly serious misconduct (such as deliberately causing neediness). The right may also lapse retroactively upon subsequent review, resulting in repayment claims by the granting institution.

What legal remedies are available in case of refusal or recovery of a maintenance allowance?

In the event of a negative decision or recovery of the maintenance allowance, the affected person has access to administrative courts. First, an objection can be lodged with the issuing authority within the legally prescribed period. If the objection is not upheld, proceedings may be brought before the competent social court or administrative court within a further time frame, subject to the applicable procedural law. In court, it is possible to have both the legal and factual justification of the decision reviewed. In cases of recovery of benefits already paid, the provision of equity under Section 44 SGB X or the so-called protection of legitimate expectations may apply if repayment would be unreasonable for the person concerned or if they relied on receiving the benefit. In emergencies, interim measures may also be requested to ensure provisional benefit payments.

What statutory limitation periods must be observed for claims to maintenance allowance?

Legal claims to maintenance allowance are subject to specific limitation periods, which are based on the applicable legal provisions. Under civil law, the regular limitation period of three years under Section 195 BGB generally applies, beginning at the end of the year in which the claim arose and the entitled person became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim. Variations apply in special legislative provisions, for example, in the Maintenance Advance Act or for social benefits, where shorter or longer periods may be relevant. The limitation period may be suspended or restarted according to the general statutory regulations, particularly in the case of negotiations about the claim or legal action. Repayment claims by authorities due to unjustified receipt of allowance are similarly subject to the provisions of the respective special legal regulations.

Further term explanations

Youth Initiation Ceremony