According to the Social Security Code II (SGB II) students are not entitled to the Unemployment Benefit II in general, as they are on their merits within an education, which is promotable by means of Student loan (BAföG). Different from housing benefit, the term “on their merits“ refers to the possibility of the promotion of studies as a basic principle and not to the specific situation of the individual. The children of students, however, are not subject to the exclusion of benefits and do have an autonomous entitlement to social benefits (Benefits for non-employable relatives / SGB II).

In spite of the general exemption from benefits there are situations, where students can receive Unemployment Benefit II benefits anyhow.

The Unemployment Benefit II is composed of the standard benefits, potential increased demands and reasonable accomodation costs (rent + utilities + heating).

Unemployment Benefit and Leave of Absence

In case of leave of absence students are entitled to Unemployment Benefit II in full volume if need has been ascertained.

The employment office proves,

• whether the student is obliged to work. When the child reaches the age of three parents may be committed to work so long as childcare is secured,

• whether parents / partners my be placed under the obligation to pay alimony. The parents cannot be compelled to pay if the student is pregnant or cares on her own up to six year old child or has finished an initial education or if she is older than 25 years.

Unemployment Benefit II and Hardship Provision

In case of special hardship Unemployment Benefit II can be granted as a loan. If a student e.g. loses the entitlement to Student loan (BAföG) (student loan) just before the end of the studies, does not have a accomplished education and cannot work due to pregnancy or childcare, he or she may apply for benefits as a loan according to the hardship provision.

Increased Demand

There is an increased demand, which is not education-related, e.g. due to pregnancy or single parenthood. This demand accounts for:

• 17 % of the standard benefit of Unemployment Benefit II from the 13th week of pregnancy on,
• 36 % of the standard benefit for single parents with one child younger than seven years or two and more children younger than 16.
• 12 % per child of the standard benefit for single parents with one child older than 7 years or several children, if only one of them is older than 7 years, while the others must be older than 16, but younger than 18 years.

The entitlement to increased demand can be alleged if the student’s income does not or only slightly exceed the maximum rate of BAföG (student loan).

One-Off Aids

One-off aids are only granted in regard to:

• basic load of the flat including domestic appliances,
• basic load of clothes including pregnancy and birth as well as
• school trips lasting several days in the context of school regulations.

These aids will also be granted, if people in need of help do not receive any benefits to secure their sustenance including adequate costs for rent and heating while not being able to cover the expenses completely out of their own funds. If this is the case, the income of the beneficiary, which has been attained within up to six months after the payment of aid, has been decided upon.

You will find further information concerning Unemployment Benefit II at the Familien-Wegweiser des Bundesministeriums für Familie, Senioren, Frauen und Jugend (Family Guide of the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth).