Landessozialgericht Clarifies: No Basic Income for Students - German court rules in favor of student who kept welfare benefits by mistake
Students Are Not Entitled to Citizens' Benefit, Court Rules
Students enrolled at universities are not eligible for Germany's citizens' benefit (Bürgergeld), even if they are not actively studying, the Lower Saxony-Bremen State Social Court (Landessozialgericht Niedersachsen-Bremen, LSG) ruled in a decision published Monday in Celle. The judgment clarified that matriculated students remain excluded from receiving the welfare payment regardless of temporary interruptions in their studies. (Case no. L 11 AS 56/24)
The case was brought by a 37-year-old man from Münster who had completed a music degree in 2012. In the years that followed, he attempted to establish himself professionally through various second-degree programs and a short-term job, but his efforts failed due to a mental illness. Since 2018, he had been receiving citizens' benefit while simultaneously enrolling in a mathematics program at the University of Osnabrück.
When authorities learned of his enrollment, they demanded the repayment of €2,400 in benefits. The agency justified the claim by stating that taking up university studies disqualifies recipients from basic welfare support. The plaintiff countered that he had not attended a single lecture and was therefore not effectively studying. He also argued that he had been continuously medically unfit for work during that period and had not been properly informed about the legal consequences of his enrollment.
In its ruling, the LSG determined that the man would not have to repay the funds, as he could not be accused of grossly negligent failure to fulfill his reporting obligations. The court found that the agency had not informed him of the legal implications, despite his having disclosed his study plans.
However, the court upheld the broader legal principle that students—including those in second-degree programs ineligible for federal student aid (BAföG)—remain excluded from citizens' benefit. The judgment confirmed that mere enrollment in a theoretically fundable program is sufficient to disqualify applicants from welfare support.
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