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Law on the promotion of continuing vocational training

Original Language Title: Gesetz zur Förderung der beruflichen Aufstiegsfortbildung

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Law on the promotion of continuing vocational education and training (promotion of the promotion of vocational training for young people-AFBG)

Unofficial table of contents

AFBG

Date of completion: 23.04.1996

Full quote:

" Promotion promotion law in the version of the notice of 8. October 2012 (BGBl. I p. 2126) "

Status: New by Bek. v. 8.10.2012 I 2126

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1996 + + +) 

First section
Eligible actions

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§ 1 Objective of the promotion

The aim of individual funding under this law is to provide financial support for participants in vocational promotion training measures through contributions to the costs of the measure and to the livelihood. Subsisting services shall be granted in so far as the necessary funds are not otherwise available. Unofficial table of contents

§ 2 Requirements for measures of career advancement training

(1) eligible for training shall be the training of public and private institutions, which shall:
1.
a degree in a vocational training occupation recognised in accordance with § 4 of the Vocational Training Act or in accordance with § 25 of the Craft Code, a comparable professional qualification regulated by a national or national law, or a corresponding vocational qualification corresponding to those vocational qualifications require professional qualifications and
2.
prepare in a targeted way in a professional direction (training goal)
a)
Advanced training for public-law-regulated examinations on the basis of § § 53 and 54 of the Vocational Training Act or § § 42, 42a, 45, 51a and 122 of the Craft Code,
b)
Equivalent training qualifications in accordance with national or national regulations, or
c)
Equivalent training qualifications at recognised supplementary schools on the basis of state-approved examination regulations.
If there are no federal or national regulations, it is also possible to take part in further training measures, which prepare for equivalent training qualifications in accordance with the recommendations of the German Hospital Association (Deutsche hospital). (2) Measures whose implementation is not governed by public law shall be subject to the duration of the action, the design of the curriculum, the teaching methods, the training and professional experience of the teachers and the conditions of the course of training to be expected to have a successful professional training. This is generally accepted, unless there are circumstances in which the suitability of the measure to prepare for the final examination referred to in point 2 of paragraph 1 is met. (3) Measures are eligible for support
1.
in full-time form, if
a)
they comprise at least 400 hours of teaching (minimum duration);
b)
they are completed within 36 calendar months (maximum time frame) and
c)
as a rule, every week on four working days, at least 25 hours of teaching take place (training density);
2.
in part-time form if:
a)
they comprise at least 400 hours of teaching (minimum duration);
b)
they are completed within 48 calendar months (maximum time frame) and
c)
as a rule, at least 150 hours of teaching take place within eight months (training density).
Every 45 minutes of a course is considered to be a lesson. Teaching hours are attendance courses in which the professional skills, knowledge and skills provided for in accordance with the training regulations and curricula are mediated by qualified teachers in an orderly manner. Hours of practical instruction are recognised as teaching hours if their contents are mandatory in the examination regulations, they are usually carried out in the training centre under the guidance of a teacher and by theoretical instruction to a significant degree. In addition, the exam courses and test simulations with up to 10 percent of the total hours of teaching hours that are eligible under this law, but not more than 50 hours, will be provided in the curriculum of the educational institution as a mandatory exam. Eligible for recognition. Only the appropriate number of teaching hours is eligible for the achievement of the respective training target. If the measure consists of several sections of measures, the overall measure is decisive for the determination of the maximum time frame and the training density. All sections of the course concept, including the intermediate set-free times, must be taken into consideration. The rates 1 to 8 also apply to the course of the course chosen by the participant or the participant. (4) The measures can consist of several self-contained sections (sections of measures). (5) Teacher-free holiday periods according to § 11 Paragraph 4 as well as individual reductions in the measure by taking into account already completed training or further training shall be disregarded. Unofficial table of contents

§ 2a Requirements for the institution of the measures

The institution must be appropriate for the implementation of the training programme. Suitability shall be granted if it is a public institution or body which is subject to state supervision or is state-approved, or a certificate attest that the institution or body is responsible for:
1.
has been recognised in accordance with the Recognition and Authorisation Regulation-continuing training-or
2.
applies a quality assurance system; and
also, in addition, there are no circumstances which prevent the suitability of the carrier or of the institution. Unofficial table of contents

§ 3 Exclusion of funding

Participation in a measure shall not be encouraged in accordance with this Law, if:
1.
is provided for them in the form of training grants under the Federal Education and Training Promotion Act,
2.
for them to receive unemployment benefit in the case of continuing vocational training according to the Third Book of Social Code or in accordance with § 6 (1) of the Vocational Rehabilitation Act,
3.
Unemployment benefit in the case of unemployment is provided in accordance with the Third Book of Social Code and it is a full-time measure, unless the Agency for Work has agreed with the participant or the participant that the measure can be completed,
4.
a start-up grant is made in accordance with § § 93 and 94 of the Third Book of the Social Code and it is a full-time measure or
5.
Rehabilitation services are provided in accordance with the rules applicable to a rehabilitation carrier within the meaning of the Ninth Book of the Social Code.
The right to receive support under this law is limited to the benefits for living if the costs of the measure are taken up according to the Third Book of Social Code for persons without a pre-employment period. Unofficial table of contents

§ 4 Distance Learning

Participation in a distance learning course is eligible if the course is approved according to § 12 of the distance education protection law or, without falling under the provisions of the distance education protection act, from a public service The conditions of § 2 shall be fulfilled. The minimum length of time in accordance with § 2 (3) and the maximum duration of funding pursuant to Article 11 (1) shall be based on the number of hours required on average for the processing of correspondence letters and the number of periods of attendance for attendance phases. Lessons to be measured. Unofficial table of contents

Section 4a Media-based teaching

A measure which is carried out in part using electronic media and which is not subject to a distance learning according to § 12 of the distance education protection act is encouraged if it is provided by classroom instruction or by one of these. comparable and binding media-based communication is complemented and regular performance checks are carried out. In the case of media-based communication, all forms of teaching comparable to a classroom instruction, as well as forms of teaching which are carried out on an online learning platform in which the learning process is active by the teaching force, are to be understood. controlled and the learning progress of it is regularly checked. In these cases, the minimum duration in accordance with § 2 (3) and the maximum funding period in accordance with § 11 (1) shall be calculated in accordance with the number of teaching hours provided for attendance and media-based communication within the meaning of § § 11 (3). 2 (3). Unofficial table of contents

§ 5 Training in Germany and abroad

(1) Subject to the provisions of paragraph 2, eligibility shall be eligible for participation in national measures. (2) Participation in operations carried out in full or in part in other Member States of the European Union shall be eligible for assistance. , where it is carried out on the basis of agreements made by the competent authorities in the Member States for the training examinations. Unofficial table of contents

§ 6 eligible training, continuing education plan

(1) Promotion shall be provided, subject to paragraph 3, only for the purpose of targeted preparation for a training objective within the meaning of Article 2 (1) (2) and only for participation in a single measure within the meaning of this Act. Funding is not provided if the applicant or the applicant already has a state or state-recognised university degree or a other degree recognised as equivalent in accordance with the university law of the Länder has been acquired. Already existing private-law-certified training qualifications are not accepted by a grant. If the measure consists of several sections (sections of measures), these are to be stated in the first funding application in a further training plan. In the cases of sentence 4, the promotion shall, subject to § 2 (3), include all sections of measures recognised as parts of the training examination referred to in the training plan. It is also possible to promote sections of measures which conclude with an independent examination, if at the same time they are intended to liberate one or more parts of the training examination of a credibly made part of the training plan. (2) Participation in a section of measures which deviates from the training plan shall be encouraged only if it is
1.
corresponds to a section of the measures indicated in the training plan;
2.
a meaningful addition to the training plan, or
3.
a section of measures indicated in the training plan, which is no longer offered, is largely replaced
and the amended overall measure continues to fulfil the eligibility requirements of § 2 (3) and does not exceed the maximum funding period in accordance with § 11 (1). (3) The preparation for a further training objective within the meaning of § 2 paragraph 1 number 2 shall be encouraged if the participant or the participant has been given access only through the successful completion of the measure promoted under this Act. By way of derogation from the first sentence, the preparation for a further training objective may be encouraged even if the specific circumstances of the individual case justify this. Special circumstances of the individual case are given in particular when an important reason for the exercise of the profession is contrary to which the initial training has qualified. Unofficial table of contents

§ 7 Termination, demolition, interruption and repetition

(1) By way of derogation from the second sentence of Article 11 (2), the grant shall cease if the measure has been cancelled by the participant or the participant or terminated by the institution before the expiry of the contractual period. (2) If the measure is cancelled out of good cause, or if the participant has terminated the measure, the support shall be terminated. after a dismissal of the institution which the participant or the participant does not have to represent, a measure with the same training objective as soon as the important reason or termination of the measure has ceased as a result of the denunciation , the participant or the participant shall be encouraged to do so again. (3) Support for a measure which prepares for another training target will be provided if the task of the previous training objective was an important reason. (3a) After an interruption of a measure due to illness, pregnancy or for another important reason, the promotion will continue on resumption. Subject to the first sentence of paragraph 4, during the interruption period, there is no entitlement to support. (4) As long as participation in the measure is not possible due to illness or pregnancy, the promotion in the event of illness is up to three months and continue for up to four months during pregnancy. As long as the continuation of a measure is not possible by the participant or the participant who is not responsible for waiting periods exceeding the holiday periods in accordance with Article 11 (4), the measure shall be deemed to have been interrupted. (5) The repetition an entire measure shall be promoted only once, if:
1.
the specific circumstances of the individual case justify this and
2.
there is no reasonable possibility of catching up on training material in the context of an extension of the maximum duration of funding pursuant to Article 11 (1) sentence 2.
(6) In the cases referred to in paragraphs 2 and 5, already completed measures shall be taken into account. (7) Paragraphs 1, 2, 4 and 5 shall apply to the sections of the measure. (8) The participant or the participant shall alternate with the previous one. Where the training objective is the training centre, paragraphs 5 to 7 shall apply accordingly.

Second section
Personal requirements

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§ 8 Nationality

(1) Funding shall be provided for:
1.
German in the sense of the Basic Law,
2.
Citizens of the Union who have a right of permanent residence within the meaning of the freedom of movement of the EU, as well as other foreigners who have a residence permit or a permit for permanent residence in accordance with the Residence Act,
3.
Spouses, life partners and children of Union citizens who are entitled to freedom of movement under the conditions laid down in Article 3 (1) and (4) of the European Free Movement Law (EU) or who are not entitled to these rights as children only, because they are 21 years old or older and are not dependent on their parents or their spouses or life partners,
4.
EU citizens who are spouse, life partner or child of a German or a German, are entitled to freedom of movement under the conditions laid down in Article 2 (2) of the Free Movement Law (EU) and have their permanent residence in Germany,
5.
EU citizens who have been in employment before the start of the training in the country, the subject-matter of which is related to the training in terms of content,
6.
Nationals of another Contracting State of the Agreement on the European Economic Area, under the conditions set out in points 2 to 5,
7.
Foreigners who have their habitual residence in Germany and who are outside the territory of the Federal Republic as refugees within the meaning of the Convention on the Status of Refugees of 28 July 1951 (BGBl. 559) and are not only temporarily entitled to stay in the territory of the Federal Republic of Germany,
8.
Homeless foreigners within the meaning of the law on the legal status of homeless foreigners in the Federal Republic of Germany in the revised version published in the Bundesgesetzblatt, Part III, outline number 243-1, as last amended by Article 7 of the Law of 30 July 2004 (BGBl. I p. 1950).
(2) Other foreigners shall be provided with support if they have their permanent residence in the country and
1.
a residence permit in accordance with § § 22, 23 (1) or (2), § § 23a, 25 (1) or (2), § § 25a, 28, 37, 38 (1) (2), § 104a or as a spouse, life partner or child of an extension with a settlement permit Have a residence permit according to § 30 or § § 32 to 34 of the Residence Act,
2.
a residence permit according to § 25 (3), 4 sentence 2 or paragraph 5, § 31 of the Residence Act, or as a spouse, life partner or child of an expo with a residence permit a residence permit according to § 30 or § § 32 to 34 of the They have been legally resident in Germany for at least four years, authorised or condoned in an uninterrupted state.
(3) In addition, foreign nationals shall be provided with support if they themselves, prior to the start of the measure, take up a total of three years in the country.
1.
have stopped and
2.
was legally in employment.
Employment is also the time in a vocational training relationship in a vocational training occupation recognised in accordance with the Vocational Training Act and the Craft Regulations, or a comparable vocational training relationship. (4) Participants who are subject to the following paragraph 1 or 2 are eligible for personal support as spouses or life partners, do not lose the right to promotion by living apart permanently or by the dissolution of the marriage or civil partnership if they continue to be legally reside in Germany. (5) Right-and It shall remain unaffected by administrative provisions in respect of which other foreign nationals are to be promoted. Unofficial table of contents

§ 9 suitability

The services of the participant or the participant must be expected to successfully complete the measure. This is generally accepted as long as he or she regularly takes part in the measure, completes the measure quickly and without interruption, and he or she strives to achieve a successful conclusion. He or she must be able to fulfil the conditions for admission to the examination up to the last day of the action. After half of the duration of the measure, the participant or the participant is obliged to provide proof of the carrier's regular participation in the measure, no later than six months later. In the case of longer measures, measures with a number of measures to be taken or in special cases, additional measures may be required in addition. The support shall be provided in so far as the cessation and recovery is subject to the reservation.

Third Section
Benefits

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§ 10 Scope of the promotion

(1) While participating in a measure, a contribution shall be made to the costs of the course (contribution to the measure). To the extent that, for the same purpose, benefits are obtained from public funds, from the employer or from funding bodies, the contribution to the measure shall be calculated in accordance with the costs of these benefits. (2) In the case of measures in full-time form in the sense of the In addition, Article 2 (3), first sentence, point 1 shall contribute to the coverage of the maintenance needs (maintenance contribution). As a monthly maintenance requirement, one participant or one participant shall be subject to the demand rate in accordance with Section 13 (1) (1) and (2) (2) and (2) 13a of the Federal Training Assistance Act. Section 13 (3) of the Federal Education and Training Promotion Act is to be applied accordingly. The maintenance requirement increases for the participant or the participant by EUR 52, for the respective spouse or partner for EUR 215 and for each child, for which he or she is entitled to child benefit under the Income Tax Act or the Federal Children's Money Act, for 210 euros. The income and wealth of the applicant or the applicant and the income of the spouse or partner in that order are to be calculated on the basis of maintenance requirements. (3) Single-parent families, who are in a household with children who are In the case of full-time and part-time measures until the end of the month in which the last lessons are scheduled, a child-care surcharge of 113 will be provided in the case of full-time and part-time measures. Euro per child per month. Unofficial table of contents

Section 11 Funding duration

(1) Participation in full-time measures is supported up to the duration of 24 calendar months, in part-time form up to the duration of 48 calendar months (maximum funding period). By way of derogation from the first sentence, the maximum duration of the funding shall be extended to the extent that:
1.
pregnancy, the upbringing and caring of a child up to the age of 10, the care of a disabled child, a disability or serious illness of the participant or the participant, the care of a child in the sense of the Sections 14 and 15 (1) (2) and (3) of the Eleventh Book of the Social Code, in accordance with Section 383 (1) (1) (1) (1) to (3) of the Code of Civil Procedure, other close relatives who are not members of a family living in the household, may be adopted, or
2.
other special circumstances of the individual case
justify this, or
3.
the longer period of preparation for the training objective is legally required.
In the cases referred to in the second and second sentences of the second sentence, the maximum duration of the grant may be extended to a maximum of twelve calendar months. (2) The maintenance fee and the childcare allowance shall be made from the beginning of the month in which the teaching is carried out in the course of the is actually started, but at the earliest, from the beginning of the application month. These services shall end at the end of the month in which the last lessons are scheduled; for participants who have been shown to have registered for the examination without delay, these services shall be provided on request until the end of the month. The expiry of the month in which the last day of the examination is due, but for a maximum of three months (preparation phase). (3) If measures are in full-time form between the end of a section and the beginning of another one only one month, it shall be the new section shall be deemed to have been recorded at the beginning of this month. (4) In the case of measures in full-time form, the period of support also includes holiday periods of up to 77 holiday days in the year of measure. Unofficial table of contents

§ 12 Funding type

(1) The contribution of the measure pursuant to § 10 (1) shall consist of a claim to
1.
Promotion of teaching and examination fees up to a total of EUR 10 226 and
2.
Promotion of the preparation of the practical work in the master's examination of the craft as well as comparable work in other economic sectors up to half of the necessary costs, but at most up to a total of EUR 1 534.
The contribution of 30.5 per cent in the amount of the measures referred to in the first sentence of the first sentence shall be paid as a grant. In addition, the contribution to the measure is subject to paragraph 4 of a claim to the conclusion of a loan agreement with the Kreditanstalt für Wiederaufbau in accordance with § 13. (2) The grant share in the maintenance contribution amounts to 44 percent. In this case, the increases in amounts pursuant to § 10 (2) and a flat-rate amount of 103 euros shall be disregarded. The amount of the increase for each child pursuant to § 10 (2) sentence 4 shall be paid in full as a grant in accordance with § 10 paragraph 3, half and the child-care allowance. The grants referred to in sentences 1 to 3 shall be awarded until the end of the month in which the last instruction is scheduled. In addition, subject to paragraph 4, there is a right to the conclusion of a loan agreement with the Kreditanstalt für Wiederaufbau in accordance with § 13. By way of derogation from sentences 1 to 5, in the cases referred to in Article 11 (1) (1), the maintenance contribution shall be paid in full as a grant for the period by which the maximum period of support has been extended. (3) During the period of Examination preparation phase in accordance with Article 11 (2), second sentence, second half-sentence, the maintenance fee, including the increases, and the childcare allowance, subject to paragraph 4, shall be entitled to the conclusion of a loan contract with the Kreditanstalt für Wiederaufbau in accordance with § 13. (4) The participant or the participant can A loan agreement shall be concluded within three months. The period shall begin with the month following the announcement of the notice. Unofficial table of contents

Section 13 loan conditions

(1) The Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) shall, at the request of the applicant or the applicant, conclude a private contract with the applicant or the applicant for a loan in the amount indicated in the notice. The loan contract may also be concluded on a smaller amount, which is determined by the applicant or the applicant, and may be deducted by a hundred. As far as the loan indicated in the communication is changed, the contract will be adjusted accordingly. In the event of a change in favour of the applicant or the applicant, this applies only to the extent to which this or the applicant requires it. Loan amounts unduly paid shall be repaid immediately to the Kreditanstalt für Wiederaufbau. The loan contract shall contain the conditions set out in paragraphs 2 to 7 and in Article 13b (1) to (3). (2) The loan referred to in paragraph 1 shall be galvanic. The European Interbank Offered Rate (EURIBOR) for the acquisition of funds by first addressees in the participating States of the European Monetary Union shall be deemed to be an interest rate for six months, subject to the right of the legal situation to be found. Term of six months from the date of 1 April and 1. October, plus an administrative cost estimate of 1 per cent. If the reference dates referred to in the second sentence do not fall on a day on which an EURIBOR rate is determined, the next set of EURIBOR shall apply. From the beginning of the repayment obligation referred to in paragraph 5, at the request of the borrower or the borrower, it shall be held on 1 April or 1. October of one year for the remaining period of the loan, for ten years at the latest, to agree a fixed rate. The fixed-rate agreement must be requested one month in advance. In the case of the fourth sentence, the interest rate on bank bonds shall apply, subject to the absence of the legal situation, with a maturity corresponding to the duration of the fixed-interest period, plus an administrative cost-up of up to 1 of the hundred. From the beginning of the repayment obligation referred to in paragraph 5, rates 2 and 6 shall increase by a risk surcharge of up to 0.7 per cent. (3) The loan shall be increased during the duration of the measure and a subsequent grace period of two (4) The loan referred to in § 12 (2) shall be up to the level indicated in the notice of the loan in advance, in advance, to be paid in advance. pay. By way of derogation from the first sentence, loans up to EUR 30 per month shall be paid in advance for the period of approval in an amount. Loan amounts for already expired months are to be paid with the amount due for the next month, otherwise immediately. The loan under Section 12 (1) is to be paid in an amount other than the costs of the examination fee up to the amount indicated in the decision, usually up to an amount of EUR 4 000 uncash. The examination fee shall be reimbursed in accordance with the provisions of § 24 (1) sentence 4. In the case of higher loans, the Kreditanstalt für Wiederaufbau with the borrower or the borrower shall enter into an agreement, taking into account the maturity of the course fees. (5) The loan shall be made after the expiry of the In the course of ten years, the period of grace must be repaid in monthly installings of at least EUR 128 per month, subject to the right of the legal situation to remain. The Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) can claim payment for three consecutive months in an amount, unless the borrower or the borrower requires a monthly instalment payment. Repayment rates must be paid at the end of each month for monthly payments at the end of the third month, each at the end of the third month. The repayment amount will be collected by the Kreditanstalt für Wiederaufbau in the direct debit procedure. The loan may also be repaid prematurely in instalment amounts of EUR 500. (6) 30 days before the commencement of the repayment, the Kreditanstalt für Wiederaufbau shall inform the borrower or the borrower of the loan, without prejudice to the maturity of the loan. the first repayment rate referred to in paragraph 3-the amount of the loan debt, the interest rate scheme in force at that date, the amount of the monthly repayment rate and the repayment period. (7) With the death of the borrower or the borrower, the loan balance shall lapse if it is not yet due. (8) With the Opening of the judicial insolvency proceedings concerning the assets of a natural person or after the rejection of the application for the opening of the insolvency proceedings in the absence of a mass, the residual debt and the debt of interest for the immediate repayment due. Paragraphs 3, 5 and 6 as well as § 13b shall not apply. Unofficial table of contents

Section 13a Income-dependent repayment

The borrower or the borrower shall be exempted from the obligation to repay on his or her application by the Kreditanstalt für Wiederaufbau, in so far as the income per month amounts to the amount pursuant to Article 18a (1) of the Federal Training Promotion Act does not exceed. If the overrising amount is less than the monthly minimum rate of 128 euros, the repayment rate must be reduced to the excess amount. In such cases, the exemption shall be limited to the difference between the overrising amount and the minimum rate. Section 18a (2) to (5) of the Federal Training Promotion Act (Bundesausbildungsförderungsgesetz) shall apply Unofficial table of contents

Section 13b Decree and Stundung

(1) Where the borrower or the borrower has passed the training examination, he or she shall, upon presentation of the certificate, be 25% of the loan for the course of training, which has not yet become due at that date, and (2) If the borrower or the borrower has established a company or a professional existence within three years of the end of the measure, or or an existing commercial enterprise, and whether or not it mainly carries the corporate responsibility, shall, upon request and upon presentation of the necessary evidence, the residual loan, which has not yet become due up to this point, and which is payable on the course fees and examination fees, in accordance with Article 12 (1), first sentence, point 1 partially enacted, if it or it
1.
passed the training examination,
2.
the enterprise, the professional existence or the extended business enterprise at least one year; and
3.
at the latest by the end of the third year following the establishment or acceptance of the undertaking or of the professional existence or the extension of the business operation, at least one person has ceased to exist and at the time of the application, .
The amount of the decree is in detail:
a)
33 per cent for an additional trainee or an additional trainee whose training has been in place for at least 12 months,
b)
33 per cent for an additional worker, or an additional worker whose full-time employment subject to social security contributions has been in place for at least six months at the time of the application, and is unannounced, or
c)
66% for an additional trainee or an additional trainee and an additional employee, or an additional worker, or for two additional employees, provided that the relevant The conditions of employment referred to in (a) and (b) are fulfilled.
All in all, no more than 66 per cent of the remaining loan for the course fees and examination fees which have not yet been due is to be issued.

Repayment rates due in the first three years following the establishment of a business shall be paid at the request of the borrower or the borrower, up to a maximum of 66 per cent of the remainder of the remaining loan for the training courses, and Examination fees to be paid. The debt shall be increased by the interest accrued in accordance with the fourth sentence if the conditions for the adoption referred to in paragraph 2 are not met. (3) For each month for which the borrower or the borrower is credited,
1.
Or their income does not exceed the amount according to § 18a paragraph 1 of the Federal Training Promotion Act,
2.
he or she is a child who has not yet completed the tenth year of age, maintains or educates, or cares for a disabled child, and
3.
he or she is not in employment for more than 30 hours per week,
on request, the repayment rate pursuant to section 13 (5) shall be set at the latest for a period of initially twelve months. The borrower or the borrower shall be obliged to write to the Kreditanstalt für Wiederaufbau in writing, during the period of payment, any change in the conditions set out in the first sentence of the first sentence of 1 to 3 of the Kreditanstalt für Wiederaufbau . If the borrower or the borrower does not comply with this obligation, he or she shall be in default, even without a reminder, with any undue rate of payment. At the end of the period of payment, the requested rates shall be adopted at the request, in so far as the borrower or the borrower proves that, at the time of the application, the conditions set out in the first paragraph of 1 (1) to (3) are still fulfilled. The child of the borrower or the borrower is a child for which he or she is entitled to child benefit under the Income Tax Act or the Federal Child Money Act, to the extent that the child has not yet completed the tenth year of life, as well as Children within the meaning of § 32 (4) (3) of the Income Tax Act or § 2 (2) (3) of the Federal Children's Money Act. (4) On the application of the borrower or the borrower for stundung and decree decides in the cases of the Paragraphs 1 to 3, the Kreditanstalt für Wiederaufbau. Unofficial table of contents

Section 14 Kreditanstalt für Wiederaufbau

(1) By the end of the fourth year following the commencement of the loan repayment, the Kreditanstalt für Wiederaufbau shall, on request, repay the loan and interest debt of a borrower or a borrower from which or from the borrower on-time payment is not to be expected. This is particularly the case if:
1.
the borrower or the borrower has not paid the repayment rate for six consecutive months, or is in arrears for that period with an amount equivalent to four times the monthly repayment rate,
2.
the loan contract has been effectively terminated by the Kreditanstalt für Wiederaufbau in accordance with the applicable provisions;
3.
the repayment of the loan as a result of the incapacity of the borrower or the borrower or the borrower of more than one year has been made more difficult or impossible in the long term,
4.
the borrower or the borrower has become insolvent or receives assistance for subsisting under the twelfth book of the Social Code or benefits in accordance with the Second Book of the Social Code, or
5.
the stay of the borrower or the borrower has not been possible for more than six months.
With the payment in accordance with the first sentence, the claim from the loan agreement goes to the federal government. (2) The Kreditanstalt für Wiederaufbau will be refunded on 30 March, 30 June, 30 September and 30 December of a year:
1.
interest on which the borrower or the borrower is exempted in accordance with Article 13 (3);
2.
amounts which it has adopted pursuant to Section 13b,
3.
amounts to be reimbursed in accordance with paragraph 1;
4.
interest in the amount of the repayment instalments in accordance with Section 13 (2), second sentence, second sentence, of the EURIBOR rate,
5.
Loans receivted on account of the borrower's death or the borrower in accordance with Section 13 (7).
If a loan with a fixed interest rate is repaid prematurely in accordance with § 13 (5) sentence 5, the Kreditanstalt für Wiederaufbau will receive an accusation compensation in the amount of the recovery damage incurred. (3) For the administration and Recovery of loans in accordance with § 18, the Kreditanstalt für Wiederaufbau will receive, in addition to the necessary costs of legal proceedings, an administrative cost flat rate of 2.5 per cent of the remainder of the loan for twelve months, but not more than 128 euros. Unofficial table of contents

§ 15 Invoice

A claim for reimbursement of grants may be charged against entitlement to benefits in full. Unofficial table of contents

§ 16 Repayment obligation

(1) If the conditions for the performance have not been provided on any day of the calendar month for which it has been paid, except in the cases of § § 44 to 50 of the Tenth Book of the Social Code, the decision to grant the consent must be repealed. and to reimburse the amount of the funding
1.
the participant or the participant who has obtained income which has not been taken into account in the case of the authorization; the adjustment of statutory pensions and pensions shall not be taken into consideration in this connection;
2.
Support has been provided under the reservation of the recovery.
(2) The amount of the grant shall be repaid for the calendar month or part of a calendar month in which the participant or the participant has interrupted the measure from a reason for which he or she has been responsible.

Fourth Section
Income and wealth accounting

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Section 17 Income and wealth account

(1) With the exception of § 29 of the Federal Training Promotion Act and the appropriations for the enactment of legal orders in § 21 (3) (4), sections IV and V of the Federal Education and Training Act (Bundesausbildungsförderungsgesetz) shall apply to the calculation of income and property pursuant to § 10 (2) of the Federal Republic of Germany. Federal Education Promotion Act as well as the Regulation on the designation of the other income applicable as income in accordance with Section 21 (3) (4) of the Federal Training Promotion Act, with the proviso that the Office shall be replaced by the Office of the Federal Ministry of Education and Training Training promotion shall be the competent authority of this law and in cases where: § 24 (2) and (3) of the Federal Training Promotion Act (Bundesausbildungsförderungsgesetz) will be decided on the application without reservation of the recovery. § 11 Paragraph 4 of the Federal Training Promotion Act shall apply accordingly. (2) As a spouse or life partner within the meaning of this law, the spouse or life partner who is not permanently separated shall be deemed to be a spouse or a life partner, unless this law is otherwise determined. Unofficial table of contents

§ 17a Free amounts of assets

(1) The property shall remain free of credit
1.
for the participant or the participant itself 35 800 Euro,
2.
for the respective spouse or partner 1 800 euro,
3.
for each child of the participant or the participant 1 800 Euro.
(2) In order to avoid unreasonable hardship, a further part of the assets may remain free of credit.

Fifth Section
Organization

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§ 18 Loan of Loans of Loan

The loan claims transferred to the Federal Government pursuant to Section 14 (1) shall be administered by the Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) and shall be drawn up.

Sixth Section
Procedure

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§ 19 Request

(1) The competent authority shall, upon request in writing, decide on the performance of the grant, including the amount of the loan amount. The contribution to the measure must be applied for at the latest by the end of the measure, in the case of several self-contained sections up to the end of the relevant section of the measure. (2) As far as the survey of decisions pursuant to this law is concerned. , the necessary facts are to be used, and the necessary facts are to be used. Unofficial table of contents

Section 19a Local competence

The authorities of the district designated by the Länder for the implementation of this law shall be responsible for the decision on the financial assistance, in which the participant or the participant has his or her permanent residence. If the participant or the participant is not permanently resident in the country, the authority in whose district the training centre is located shall be responsible. Unofficial table of contents

§ 20 obligation to provide information

The Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) shall inform the competent authority of the conclusion of a loan contract in accordance with § 13 (1). The competent authority shall, in such cases, inform the Kreditanstalt for Reconstruction of Changes in the Act, which shall lead to a reduction of benefits under this Act. Unofficial table of contents

Section 21 Information requirements

(1) The institution of the measures shall be obliged to provide the competent authorities with all information and to submit to the competent authorities, on request, and to allow the visit of the training centre to the extent that the implementation of this law requires it. They are obligated to promote relevant changes in their business operations and the measure, the setting of a course, the non-presence, premature termination, the non-regular participation, the cancellation of the measure by the (2) § 60 (1) Sentence 1 and (2) of the Contractual Obligations to the competent authorities without delay, before the expiry of the contractual period pursuant to § 7 (1). The first Book of the Social Code shall apply accordingly to the person or to the person who: or the benefits to be reimbursed and the spouse or partner of the applicant. (3) Public and non-public bodies may provide personal information necessary for the implementation of this Act. to the authorities responsible for the implementation of this Act, at the request of the competent authorities, in so far as this does not adversely affect the protection of the interests of the person or persons concerned or of the public interest The confidentiality of the person concerned outweighs the confidentiality of the person concerned. The transfer shall not be subject to any special statutory use arrangements. (4) As far as this is necessary for the implementation of this law, it shall be subject to the following conditions:
1.
the employer, at the request of the participant or the participant and the spouse or partner in question, and the competent authority, a certificate of the working wage and the amount of the allowance communicated as a wage tax deduction. ,
2.
the relevant public service provider or supplementary public service provider, at the request of the competent authority, information on the retirement and survivor ' s pension provided by the participant or the participant and the spouse or partner.
The competent authority may set the institutions and persons referred to in paragraphs 1 to 3 with a reasonable period of time for the provision of information and the presentation of documents. Unofficial table of contents

§ 22 Replacement of the spouse or life partner

If the spouse or life partner of the participant or the participant has brought about the performance of the promotion or the promotion thereof in that he or she intentionally or grossly negligently disclaims false or incomplete information or If the advertisement has not been shown in accordance with Article 21 (2), he or she shall be replaced by the amount of funding unduly paid. The amount shall be galvanissed from the date of the undue performance of 3 of the hundred above the base interest rate in accordance with § 247 of the Civil Code for the year. Unofficial table of contents

Section 23

(1) Decisions under this Act shall be notified to the applicant or the applicant in writing (communication). If, in a communication, the decision has been taken on the basis of the promotion of a measure, this decision shall apply to all sections of the measure. (2) In the communication shall be stated:
1.
the amount of the grant contribution to the contribution to the measure referred to in the first sentence of Article 12 (1) and the second sentence of paragraph 1,
2.
the amount of the loan in accordance with section 12 (1) sentence 1 and 3,
3.
the duration of the freedom of interest and redemption in accordance with section 13 (3),
4.
the time limit referred to in Article 12 (4), pending the conclusion of a loan contract;
5.
the end of the maximum period of support in accordance with § 11 and
6.
the date of submission of the statement of participation, as well as the legal consequences of the non-submission and the non-regular participation in accordance with § 9.
In the case of full-time measures, additional information shall be provided:
1.
the amount of the grant contribution to the maintenance contribution pursuant to § 12 (2) sentence 1 and 2,
2.
the amount of the amount of the allowance to be paid to children under the third sentence of Article 12 (2),
3.
the amount of the maintenance loan pursuant to Article 12 (2) sentence 5,
4.
the amount of the participant's income or the participant's income, the respective spouse or life partner, as well as the amount of the participant's assets or the participant's assets in accordance with § 17,
5.
the amount of the taxes and deductions taken into account in the determination of the income in order to pay the expenses for the social protection according to § 17,
6.
the amount of the allowances granted in accordance with § § 17 and 17a,
7.
the amount of the sum of the income and assets of the participant or of the participant as well as the income of the spouse or partner in accordance with § 10 (2) sentence 5 and § 17.
In the case of single parents, the allowance for the childcare allowance in accordance with Article 10 (3) must also be stated.

In the case of a grant for the examination preparation phase, the following additional information must be provided:
1.
the amount of the maintenance loan, and
2.
in the case of single parents, the amount of the loan for the childcare allowance in accordance with Article 12 (3).
(3) In the case of full-time measures, the duration of a measure or part of the measure (duration of authorisation) shall be limited to a period of 24 months for the duration of a measure or a measure (3) for a period of 48 months in the case of part-time measures. (4) At the request of the competent authority, the competent authority must decide in advance whether, in order to take part in a measure, the aim (Section 2 (1) (2)), the time and content of the institution and the nature of the institution shall be based on the basis of the following: Eligibility requirements are available. The competent authority shall no longer be bound by the decision if the measure does not start within one year of the date of application. Unofficial table of contents

§ 24 Payment of payment

(1) The grant shares in the maintenance fee according to § 12 (2) and the allowance for the child care according to § 10 (3) and § 12 (2) sentence 3 are payable uncash monthly in advance. The amount of the grant for the contribution to the measure according to § 12 (1) sentence 2 may be paid up to the amount specified in the decision, up to a maximum amount of EUR 2 600. The competent authority according to § 19 may grant the payment of a higher amount, taking into account the maturity of the course fees. The fee for the examination fee will not be paid until the invoice or the fee has been received. The payment of the bank loans shall be effected in accordance with § 13 by the Kreditanstalt für Wiederaufbau. (2) The monthly grant shares in the maintenance contribution and the allowance for the child care according to § 10 (3) and § 12 (2) sentence 3 shall be paid. in the case of residual amounts, rounded off to a full euro of EUR 0.49 and rounded up to full euro for residual amounts from EUR 0.50. (3) Monthly grant amounts of less than 16 euros are not made. Unofficial table of contents

Section 25 Amendment of the fog

If a circumstance changes to the performance of the promotion, the communication shall be amended.
1.
in favour of the participant or the participant, from the beginning of the month in which the change occurred, but retroactively, however, for the three months preceding the month in which it was communicated to the competent authority,
2.
to the benefit of the participant or the participant from the beginning of the month following the entry of the change,
if this change leads to an increase or reduction of the maintenance fee or the contribution to the measure by at least 16 euros. The adjustment of statutory pensions and pensions shall not be considered as a change within the meaning of the first sentence. § 48 of the Tenth Book of the Social Code does not apply; refunds are based on § 50 of the Tenth Book of the Social Code. By way of derogation from the first sentence, the communication shall be amended from the beginning of the authorization period if, in the cases of Section 22 (2) and Article 24 (3) of the Federal Training Promotion Act, a change in the income of the participant or of the participant, of the respective spouse or partner of life, or in the cases of Section 25 (6) of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz), a change in the amount of the allowance has been made. Unofficial table of contents

§ 26 Legal Way

For public-law disputes under this law, the administrative right, for disputes arising out of the loan agreement, is given the proper legal way. Unofficial table of contents

§ 27 Statistics

(1) Federal statistics are carried out on the basis of this law. (2) Each year, the statistics cover the number of assisted (initial and follow-up), applications and permits for the preceding calendar year (first and subsequent funding). The following survey characteristics: rejections, rejections, approved and disbursed loans and the number and amount of the exemptions granted pursuant to § 13a and the loan class and statements granted in accordance with § 13b, and for each of the following survey characteristics:
1.
by the participant or the participant: gender, year of birth, nationality, type of first vocational training qualification, training objective, training centre according to the nature and legal position, month and year of the beginning and the end of the maximum period of support, the nature, the amount and the composition of the contribution to the measure pursuant to Article 12 (1),
2.
by the participant or the participant in full-time measures: marital status, the ratio of children's dependants, the amount and composition of the participant's total monthly needs, or the participant, to the needs of the participant. Amounts to be calculated on the income and assets of the participant or the participant, month and year of the beginning and end of the period of approval as well as the nature, composition and amount of the maintenance fee during the measure pursuant to § 12 paragraph 2 as well as during the examination preparation phase in accordance with § 12 (3), broken down by Months, amount and composition of the income according to § 21 and the free amount pursuant to § 23 (1) sentence 2 as well as, if a financial statement of assets is effected, the amount of the assets according to § 27 and the hardship free amount according to § 29 (3) of the Federal Education Promotion Act,
3.
of single-parent participants in addition: type, height and composition of the childcare allowance,
4.
by the respective spouse or partner of the participant or the participant in full-time measures: the amount and composition of the income and the free amount of the income and the income from the income to the participant ' s needs or to the participant ' s income. Amount of participant to be calculated.
(3) Aid characteristics shall be the name and address of the competent authorities. (4) The obligation to provide information shall be required for the implementation of statistics. The competent authorities and the Kreditanstalt für Wiederaufbau are responsible for providing information. Unofficial table of contents

Section 27a Application of the Social Code

§ § 1 to 3, 11 to 17, 30 to 67 of the First Book of the Social Code and the Tenth Book of Social Code shall apply; in so far as this law does not contain any deviating regulations, a service shall be applied to the account of the participant in the case of a Credit institution shall be deemed to be applicable in the absence of coverage of the account § 850k (6) of the Code of Civil Procedure.

Seventh Section
Application of appropriations

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Section 28 Application of appropriations

(1) The expenditure under this Act, including the refund to the Kreditanstalt für Wiederaufbau in accordance with § 14 (2), shall be borne by the Federal Government at 78 of the hundred and by the Länder to 22 of the hundred. (2) The Kreditanstalt für Wiederaufbau (Kreditanstalt für Wiederaufbau) is 22 from the hundred of the loan received by it pursuant to § 18 for the Federal Government, to the country in which the borrower or the borrower has his or her residence.

Eighth section
Fines, transitional and final provisions

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Section 29 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
Contrary to § 21 paragraph 1, information is not provided, not correct, not complete or not in good time, a document does not, not correct, not complete or not presented in good time or a communication does not, not correct, not complete or not in time, or
2.
contrary to § 60 (1) sentence 1 of the First Book of the Social Code, also in conjunction with Section 21 (2), an indication or a change notice not, not correct, not complete or not in time, or an evidence of evidence not, not Correct, not complete or not presented in time.
(2) The administrative offence can be punished with a fine of up to three thousand euros. Unofficial table of contents

Section 30 Transitional provisions

(1) The provisions of this Act, with the exception of Section 13b (2), shall continue to apply for measures or measures of the continuing vocational training commenced until 30 June 2009, with the exception of Section 13b (2) of the Act, in the version valid until 30 June 2009. (2) § 2 (1) (2) sentence 3 shall apply to measures or measures of action which are initiated by 30 June 2012. (3) § 2a applies to measures or measures of measures which start from 1 July 2010. (4) For the purpose of this Act, the following shall apply: Measures or measures to be taken before the 28. The provisions of this law in the period up to 28 October 2010 have been started. October 2010.