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LSG Niedersachsen–Bremen Rules Enrollment Bars Bürgergeld, Repayment Waived in Individual Case

The court held that mere matriculation ends eligibility, including for second degrees viewed as BAföG-eligible.

Overview

  • The regional social court in Celle clarified that students lose entitlement to Bürgergeld by virtue of being enrolled, even if they do not attend classes.
  • The court confirmed the exclusion also applies to second-degree studies that are in principle eligible for BAföG funding.
  • The case involved a 37-year-old man from Münster who had received Bürgergeld since 2018 and later enrolled in mathematics at the University of Osnabrück.
  • After detecting study-related payments on his bank statements, the Jobcenter rescinded his benefits and demanded €2,400 in repayment.
  • Judges found no grossly negligent failure to notify because the authority had not informed him of the legal consequences, so the €2,400 clawback was denied.