BAföG and accident pension
August 17, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have been receiving an accident pension (company cooperative pension) for 3 years due to an accident and resulting 50% disability.
Back then, I was frequently at the Bafög office to clarify whether this pension would be fully taken into account or not. The employees of the Bafög office were not in agreement, but eventually I received the maximum Bafög rate monthly!
Now - THREE YEARS LATER - I am told that it is not clear from the documents when these pension payments began (which leads me to assume that not all documents are available anymore). Corresponding documents are now requested to be resubmitted by me, and I was informed about a possible repayment of the Bafög paid to me over 3 years. My questions cannot be answered directly by the office.
How do I now know if this accident pension will be taken into account or not? Can Bafög be reclaimed retroactively for over 3 years? Can I stop the process by withdrawing my application? How should I proceed?
Kind regards,
Sommer, S.
Dear advice seeker,
first of all, thank you for your inquiry!
I would like to address your questions as follows, taking into consideration the information you provided and your concerns:
1.) How do I know if this disability pension will be taken into account?
The disability pension is considered as income according to BAföG regulations. This is also evident by the fact that other pensions, especially disability pensions, must be declared in line 79 of the BAföG application.
2.) Can BAföG be reclaimed retroactively for 3 years?
In principle, BAföG can be reclaimed for up to 3 years. However, in your case, this is highly unlikely to happen.
This is related to § 35 SGB X. According to this, reclamation would only be possible if you knowingly provided false information or at least grossly negligent information when applying. Based on your situation, it seems that you declared the disability pension and tried to clarify the matter.
If the official at that time made a mistake and did not take the disability pension into account, this error should not be to your detriment, as a certain level of trust was created in your favor, making a reclamation unenforceable.
3.) Can I stop the process by withdrawing my application?
Although it may not be necessary (as mentioned above), withdrawing the application would not be effective, as the funds have already been disbursed.
4.) How should I proceed?
You should inform the BAföG office that you provided the information regarding the disability pension at that time and that it was only legally misinterpreted, which, according to § 35 SGB X, should not be to your detriment.
It is also advisable to engage a local colleague experienced in social law to represent your legal interests in this matter.
I hope that I have provided you with some initial legal orientation and wish you success and all the best!
I would like to point out the following:
The legal advice I provided is based solely on the information you provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Please feel free to contact me via email or the follow-up option.
I wish you a pleasant Monday afternoon and a good start to the week!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
