Read the untranslated law here: http://www.gesetze-im-internet.de/afbg/BJNR062300996.html
Law for the promotion of professional training (upgrading training Promotion Act - AFBG) AFBG Ausfertigung date: 23.04.1996 full quotation: "upgrading training promotion act as amended by the notice of October 8, 2012 (Federal Law Gazette I p. 2126)" stand: Neugefasst by BEK. v. 8.10.2012 I 2126 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.1996 +++) first section eligible measures section 1 is aim of promoting individual promote according to this law to financially support participants and participants in measures of vocational training through contributions to the costs of the action and the living. Benefits to the living are provided to the extent that the resources not otherwise available to the.
Section 2 requirements for professional advancement training measures is (1) eligible participation in training public and private carriers, the 1st appropriate professional qualifications require a degree in an apprenticeship recognized pursuant to section 4 of the vocational training act or according to § 25 of the handicrafts Regulation Act, a comparable federal or regulated regulated vocational qualifications or one these qualifications and specifically prepare for 2nd in a technical direction (training target) a) Fort education to public regulated inspections on the basis of §§ 53 and 54 of the vocational training act or §§ 42 , 42a, 45, 51a and 122 of the handicrafts Regulation Act, b) equivalent training trades by federal or national regulations, or c) equivalent training qualifications recognised supplementary schools on the basis of State-approved examination regulations.
There are no federal or national regulations, also participating in training activities is eligible, preparing for equivalent training degrees after the training recommendations of the German Hospital Federation.
(2) measures the implementation of which is not subject to public service regulations, must allow for the duration of the action, the design of the curriculum, expect a successful training the teaching methods, the training and experience of teachers and the course conditions. This is usually assumed if no circumstances exist which number 2 oppose the suitability of measures to prepare for the final examination referred to in paragraph 1.
(3) measures are eligible 1 full-time, if a) they include at least 400 hours (minimum), b) they completed within 36 calendar months (maximum time frame) and c are) usually in each week on four weekdays, at least 25 lessons take place (training density);
2. part-time, if a) they include at least 400 hours (minimum), b) they completed within 48 months of the calendar be (maximum time frame) and c) usually within eight months at least 150 lessons take place (training density).
45 minutes are a course lesson. Lessons are presence courses in which the professional skills provided by the rules of training and curricula, knowledge and skills systematically mapped are mediated by teachers, qualified. Hours a subject-related practical training recognised as lessons if their content in the testing regime are binding, they are carried out under the guidance of a teacher usually in the Fort education site and accompanied by theoretical lessons to any significant extent. The exam courses provided in the curriculum of the education support for binding and exam simulations are additionally with up to 10 percent of eligible under this Act total hours of lessons, but no more than 50 hours, as eligible recognized. Only the number of lessons, which is adequate for the goal of the training is eligible. The measure consists of several sections of the measure that is crucial for the determination of the maximum time frame and the density of training the measure as a whole. These are all action sections of the course design including the intervening holiday times to take into account. The sentences 1 to 8 apply to the course sequence selected by the participant or the participant.
(4) the measures may consist of several separate self-contained sections (sections of the measure).
(5) school holiday periods according to § 11 paragraph 4 as well as individual cuts of the measure remain unconsidered by credit already completed education or training.
§ 2a requirements to support of the actions of the carrier must be suitable for the implementation of the training action. Fitness is, if it is to a public carrier or a facility that is under State control or State-approved, or a certificate is that the carrier or the device 1 according to the recognition and approval regulation - training - has been recognized or 2 applies a system for the protection of the quality and in addition no circumstances prove , which preclude the fitness of the carrier or of the institution.
§ 3 exclusion of promoting participation in a measure under this Act not funded, if 1 for her education under the Federal Education Assistance Act is done, 2. for them is provided unemployment benefits for professional training according to the third book of the social code or article 6, paragraph 1, of the Vocational Rehabilitation Act, 3. unemployment benefits unemployment benefits after the third book of the social code is done and it is a measure in the form of full-time , unless the Agency has with the participant or the participant agreed that the action can be completed, 4. a Foundation grant to the articles 93 and 94 of the third book of the social code is done, and it is a measure in the form of full-time or 5 service of rehabilitation according to the regulations to a rehabilitation institution within the meaning of the ninth book of the social code will be provided.
Entitlement to support under this Act is limited to the services to the living, when the costs of the action are applied after the third book of the social code for persons without a period of prior employment.
§ 4 participation in a distance learning course distance learning is eligible if the course according to § 12 of the distance Protection Act is approved or without falling under the terms of the distance Protection Act, will be hosted by a public institution and the conditions of paragraph 2 are met. The minimum period according to § 2 paragraph 3 and the maximum duration according to § 11 para 1 are be measured according to the number of hours required on average for the processing of remote educational and hours for attendance phases.
§ 4a Mediengestützter teaching is promoted a measure partly performed using electronic media and which is not subject to authorisation as distance learning according to § 12 of the distance Protection Act, if it is complemented by classroom or one that comparable and binding media-supported communication and regular success checks are carried. Under media-based communication, all with a classroom are understanding comparable teaching methods and forms of teaching are settled on an online learning platform, the learning process is actively controlled by the instructor and regularly monitoring progress from her. The minimum period according to § 2 paragraph 3 and the maximum duration according to § 11 para 1 are determined for the classroom and the teaching hours provided for the media-supported communication in the sense of § 2 paragraph 3 in these cases by number.
§ 5 (1) eligible training at home and abroad is subject to paragraph 2 participation in measures undertaken domestically.
(2) the participation in measures which fully or partially carried out in other Member States of the European Union, is promoted when performed on the basis of agreements of the bodies responsible in the Member States for the training tests.
§ 6 eligible training, training plan
(1) promotion is subject to paragraph 3 only for the targeted preparation for a training objective within the meaning of article 2 paragraph 1 No. 2 and made only for participation in a single measure within the meaning of this Act. Promotion is not paid, if the applicant or the applicant has acquired already a State or State-recognized university degree, or one after the higher education laws of the countries as a recognised equivalent other qualification. Existing private certified training degrees do not preclude a promotion. The measure consists of several sections (sections of the measure), these are the first application for funding in a training plan to provide. In the cases of the set of 4, the promotion subject to section 2, paragraph 3 includes all action sections that are recognized as part of the training examination referred to in the training plan. Measure sections, which conclude with a stand-alone test can be promoted if they at the same time lead to the liberation of one or more parts of a facie parent training target training testing referred to in the training plan.
(2) the participation of a measure section that differs from the training plan, funded only if 1 content corresponds to a section of the measure specified in the training plan, 2 represents a sensible addition to the training plan or 3. largely replaced a measure section specified in the training plan that is no longer offered, and the altered measure as a whole continues to meet the funding requirements of § 2 paragraph 3 and does not exceed the maximum duration according to article 11, paragraph 1.
(3) the preparation for another training objective within the meaning of article 2, paragraph 1 number 2 is encouraged when the access only opened the participant or the participant through the successful conclusion of the action funded under this Act. By way of derogation from sentence 1 preparation for another training objective can be promoted even, if justified by particular circumstances of the case. Particular circumstances of the case are especially when an important reason precludes the exercise of the profession, has qualified for the first training.
§ 7 end termination, cancellation, interruption and repetition (1) by way of derogation from article 11, paragraph 2, sentence 2 promoting the measure before the end of the contractual period by the participant or the participant was canceled or terminated by the institution.
(2) is after a termination for cause or upon termination of the carrier, which is not responsible of the participant or the participant, a measure aiming at the same training immediately after removal of the important reason or termination of the measure as a result of termination resumed, the participants will be again sponsored the participant for this.
(3) support for a measure that prepares for a training purpose is provided, if was an important reason for the task of the previous training target.
(3a) to interrupt an action due to illness, pregnancy or other important reason will continue promoting resumption. During the interruption is not entitled on promotion subject to paragraph 4 sentence 1.
(4) as long as the participation in the action due to illness or pregnancy is not possible, the support in illness is up to three months and up to four months further contributed to pregnancy. As long as the continuation of a measure for which the participant or the participant not latency, which exceed the holiday periods according to § 11 paragraph 4, is not possible, the measure is considered to be interrupted.
(5) the repetition of an entire measure is funded only once when the special circumstances of the case justify this 1 and 2 does not exist a reasonable way to do training material in the context of an extension of the maximum duration according to section 11, paragraph 1, sentence 2.
(6) in the case of paragraphs 2 and 5, already completed parts of the measure should be taken into account.
(7) paragraphs 1, 2, 4 and 5 shall apply mutatis mutandis to sections of the measure.
(8) the participant or the participant while retaining the previous target of training changes the Fort educational institution, the paragraphs 5 to 7 shall apply mutatis mutandis.
Second personal Prerequisites section § 8 nationality is provided (1) promotion 1. Germans within the meaning of the basic law, have 2. Union citizens who have a right of permanent residence within the meaning of the freedom of movement law/EU, as well as other foreigners, the a settlement permit or a permit for permanent residence according to the residence Act, 3. these rights as children only therefore do not belong to spouses, partners and children of Union citizens that under the conditions of article 3, paragraph 1 and 4 of the freedom of movement law/EU are community entitled to freedom of movement or which , because her 21 years or older and receive from her parents or whose spouses or life partners no maintenance, 4 are entitled under the conditions of article 2 paragraph 2 of the freedom of movement law/EU free movement of Union citizens, who are the spouse, life partner or child of a German or a German, and have their permanent residence in this country, 5. Union citizens who have stood before the start of training at home in an employment relationship , whose subject-matter with which the training content related is, 6 national of another Contracting State to the agreement on the European economic area under the conditions of the numbers 2 to 5, 7 foreigners who have their habitual residence in the national territory and that outside the Federal territory as refugees within the meaning of the Convention relating to the status of refugees of 28 July 1951 (BGBl. 1953 II p. 559) recognized and in the territory of the Federal Republic of Germany are not only temporarily entitled to stay , 8 homeless foreigners within the meaning of the law on the legal status of homeless foreigners in Germany where in the Federal Law Gazette Part III, outline number of 243-1, adjusted version, last amended by article 7 of the Act of 30 July 2004 (BGBl. I p. 1950).
(2) support is provided other aliens, if they have their permanent residence in this country and 1 a residence permit pursuant to §§ 22, 23 paragraph 1 or 2, the sections 23a, 25 paragraph 1 or 2, the sections 25a, 28, 37, 38 paragraph 1 paragraph 2, Section 104a or as spouse, life partner or child of a foreign national with right of residence have a residence permit according to § 30 or the paragraphs 32 to 34 of the residence Act , 2. a residence permit according to § 25 paragraph 3, 4 Pack of 2 or 5, § 31 of the law of residence or as a spouse, life partner or child of a foreigner holding a residence permit according to § 30 or the paragraphs 32 to 34 of the residence law have a residence permit and continuously legally permitted for at least four years in Germany or tolerated stay.
(3) In addition, support is provided foreigners if they even before the start of the action three years domestically 1 stayed and 2 were legally employed.
Also the time proportionate vocational training in an apprenticeship recognized by the vocational education Act and the handicrafts Regulation Act or a similar ratio of vocational training is considered employment.
(4) participants who are eligible pursuant to paragraph 1 or 2 as a spouse or life partner, personally, not losing claim to promote that they live permanently separately or the marriage or civil partnership was dissolved, if they are still legally resident in Germany.
(5) laws, regulations and administrative provisions, according to which promotion is other foreigners, remain unaffected.
Expect § 9 fitness benefits of the participant or the participant must allow that the action can be completed successfully. This is generally accepted as long as he or she regularly takes part in the action, the measure passed quickly and without interruption, and he or she committed to a successful conclusion. He or she must meet the requirements for admission to the examination until the last teaching day of the action. The participant or the participant is obliged to provide proof of education institution of regular participation in the action halfway through the duration of the measure, at least every six months. Further evidence of participation may be required in longer measures, measures with several sections of the measure or, in special cases. The promotion is provided as far as subject to the adjustment and recovery.
Third section services § 10 scope of promotion (1) while participating in a measure a contribution to the costs of the course (Action contribution) is provided. As far as benefits from public funds, the employers or funding agencies are available for the same purpose, the measure contribution is calculated according to the cost reduced to these services.
(2) in the case of measures in the form of full-time in the sense of § 2 paragraph 3 sentence 1 number 1 needs maintenance (maintenance charge) will contribute to also. Monthly maintenance requirements the requirements set deemed to be number 2 and section 13a of the Federal training for a participant or a participant pursuant to section 13, paragraph 1 number 1 and paragraph 2. Article 13, paragraph 3, of the Federal training is to be applied accordingly. The need for maintenance increases for the participant or the participant to 52 euros, for the respective spouses or life partners to 215 euro and for each child, for that he or she has a claim for child support according to the income tax act or the federal child benefit Act, 210 euros. The maintenance needs, income and wealth are credit of the applicant or the applicant and income of each spouse or partner in this order.
(3) single parents, who live in a household with children who have not yet completed the tenth year of life or with disabled children, receive a child care supplement amounting to 113 euro for each month per child in full - and part-time operations until the end of the month, in which scheduled the last lesson is held.
§ 11 duration (1) participation in measures in the form of full time is promoted up to the period of 24 calendar months, part-time up to the period of 48 months (maximum duration). By way of derogation from sentence 1 the maximum duration is extended, as far as 1 a pregnancy, education and care of a child up to the completion of the tenth year in the care of a disabled child, a disability or serious illness of the participant or the participant, the care one within the meaning of §§ 14 and 15 paragraph 1 number 2 and 3 of the eleventh book of the social code care, number 1-3 of the code of civil procedure referred to in Article 383 paragraph 1 close relative , which cannot be applied by one or other living in the household members, or 2. other special circumstances of the case justify it or 3 the longer duration of preparation on the training target is legally required.
In the cases of sentence 2 number 1 and 2 may extended maximum duration to no more than twelve calendar months.
(2) the maintenance fee and the child support payment be made from the beginning of the month on teaching actually is, starting at the earliest however from the beginning of the month of application on. These services ending at the end of the month, in which scheduled the last lesson is held; for participants, which demonstrably and immediately signed up for testing, these services upon request be granted until the end of the month, in which is the last day of the examination, but not more than for three more months (exam preparation).
(3) is measures in the form of full time between the end of a section and the beginning of another only a month, so the new section applies as recorded at the beginning of this month already.
(4) the duration of the promotion measures in the form of full-time includes also holiday periods up to 77 days of holiday action year.
§ 12 promotion art (1) the contribution of the action pursuant to section 10 paragraph 1 consists of a claim 1 promotion of course - and examination fees up to a total of 10 226 EUR and 2. to promote the creation of professional practical work in the master craftsman of the craft, as well as similar work in other sectors of the economy up to half of the costs, up to a maximum up to a total of 1 534 euros.
The measure contribution is made pursuant to sentence 1 number 1 in height by 30.5 per cent as grant. In addition, the measure contribution subject to paragraph 4 of a claim on a loan agreement with the Kreditanstalt für Wiederaufbau is 44 percent in accordance with article 13 (2) which amounts to grant share the maintenance contribution. There remain the boost amounts referred to in article 10, paragraph 2, as well as a lump sum of 103 euros out of consideration. The amount for each child according to § 10 paragraph 2 sentence 4 is half and paid the child care supplement according to § 10 paragraph 3 in full as grant. The subsidies after the sentences 1 to 3 until the end of the month, in which scheduled the last lesson is held. In addition, a claim on conclusion of a loan agreement with the Kreditanstalt für Wiederaufbau in accordance with § 13 notwithstanding is the maintenance contribution in cases of § 11 paragraph 1 sentences 1 to 5 is number 1 for the period to the maximum duration has been extended, paid in full amount as grant subject to paragraph 4.
(3) during the audit preparation phase according to article 11, paragraph 2, sentence 2 second half-sentence consists for the maintenance contribution including the increase amounts as well as for the child care supplement subject to paragraph 4 a claim on a loan agreement with the Kreditanstalt für Wiederaufbau in accordance with § 13 (4) of the participant or the participant may request a loan agreement of three months. The period begins with the month following the announcement of the decision.
At the request of the applicant or the applicant with this or this one article 13 loan conditions (1) which has Kreditanstalt für Wiederaufbau private contract for a loan in the amount specified in the decision to close. The loan agreement can be connected also with a lesser, divisible by one hundred amount specified by the applicant or the applicant. As far as modifying the loan specified in the notification, the contract will be adjusted accordingly. In the event of a change in favour of the applicant or the applicant, this only applies if this or these demands it. Loan amounts wrongly paid are to pay back immediately to the Kreditanstalt für Wiederaufbau. The loan agreement must include in the paragraphs 2 to 7 and § 13 b paragraph 1 to 3 conditions.
(2) the loan is referred to in paragraph 1 shall be payable on. As interest rate, interbank offered rate (EURIBOR) for the raising of money by first addressees in the participating countries of the European Monetary Union with a maturity of six months as of the 1 April and 1 October, plus a surcharge of administrative costs in the amount of 1 per cent applies the European for six months - subject of staying right the legal situation - to. The deadlines referred to in sentence 2 do not fall on a day when a EURIBOR rate is determined, the next specified EURIBOR rate applies. From the beginning of the repayment obligation pursuant to paragraph 5 is at the request of the borrower or the borrower to 1 April or 1 October to agree a year for the remaining term of the loan, at the latest for ten years, a fixed interest rate. The fixed interest rate agreement, one month must be required in advance. In the case of the set of 4 the interest rate shall apply - subject to of staying right the legal situation - for bonds with a maturity corresponding to the duration of the interest rate, plus a surcharge of administrative costs in the amount of up to 1 per cent. From the start of the repayment obligation pursuant to paragraph 5, the interest rates increase pursuant to sentences 2 and 6 to a risk premium in the amount of up to 0.7 per cent.
(3) the loan is for the borrower or the borrower interest rate and grace period during the duration of the measure and a subsequent period of two years, but no longer than for a period of six years.
(4) the loan is up to the amount to pay cashless monthly in advance specified in the notification pursuant to article 12 paragraph 2. By way of derogation from sentence 1 loans are paid in advance up to 30 euros per month for the approval period in an amount. Loan amounts are otherwise immediately to pay for already expired months with the amount due for the next month. The loan is according to section 12 paragraph 1 with the exception of the cost of the examination fee, up to the amount specified in the notification, to cashless pay in an amount usually only up to an amount of EUR 4 000. The refund of the examination fee shall be in accordance with section 24 (1) sentence 4. About the payment of higher loans, the Kreditanstalt für Wiederaufbau meets an agreement taking into account the payment of the course fees with the borrower or the borrower.
(5) the loan is to be paid back after the expiry of the period of ten years - subject of staying right the legal situation - in monthly installments of principle, at least 128 euros. The Kreditanstalt für Wiederaufbau can the payment for three consecutive months in an amount assert, unless the borrower or the borrower requires a monthly installment. The repayment rates are with monthly payment at the end of the month, with quarterly payment to make each at the end of the third month. The redemption amount will be collected by the Kreditanstalt für Wiederaufbau in the direct debit procedure. The loan can be repaid in instalments in advance full EUR 500.
(6) 30 days before the beginning of the redemption shares the Kreditanstalt für Wiederaufbau the borrower or the borrower - without prejudice to the due date of the first repayment instalment pursuant to paragraph 3 - the amount of the loan debt, the interest rate rules applicable at that time, the amount of the monthly repayment rate and the repayment period with.
(7) with the death of the borrower or the borrower, the remaining loan debt goes out as far as it is not due.
(8) with the opening of insolvency proceedings against the assets of a natural person, or after the dismissal of the application for opening of insolvency proceedings due to lack of mass, the loan residual guilt and interest become due for immediate repayment. The paragraphs 3, 5 and 6 and § 13 b does not apply.
§ 13a Einkommensabhängige repayment of the obligation to repay is to indemnify the borrower or the borrower at his or her request by the Kreditanstalt für Wiederaufbau, as far as the income per month does not exceed the amount according to article 18a, paragraph 1, of the Federal training. If the excess amount is lower than the monthly to be paid back minimum rate of 128 euros, the repayment rate on the excess amount must be reduced. The exemption is limited to the difference between excess and the minimum rate in these cases. § 18a paragraph 2 to 5 of the Federal training is to be applied accordingly.
§ 13b adoption and deferral (1) has the borrower or the borrower the training exam passed, 25 percent of the loan which at that time not yet due for the course - and examination fees will be issued upon presentation of the certificate number 1 him or her according to article 12, paragraph 1, sentence 1.
(2) the borrower or the borrower within three years after the end of the action in the domestic founded a company or a freelance existence taken over or extends an existing business and he or she carries the responsibility for this predominantly number 1 is issued upon application and upon presentation of the necessary evidence that up to this point is still falling on the course - and examination fees remaining loan has become not due according to article 12, paragraph 1, sentence 1 partially , if he or she 1 has passed the training test, 2. at least one year leading the company, the freelance existence or the advanced business and 3rd at the latest at the end of the third year after the founding or acquisition of the company or the freelance existence or the extension of the business enterprise has also hired at least one person and still employed at the time of the application.
The height of the decree is in particular: a) 33 percent for an additional apprentices or additional apprentices, the oder whose training relationship has existed since at least twelve months, b) 33 percent for an additional employee or an additional worker, of Fukien or whose subject to social insurance unlimited full-time employment at the time the application for at least six months exists and is cancelled, or c) 66 percent for an additional trainees an additional trainees and an additional employee or an extra worker or two additional Workers or workers, provided that the respective employment conditions are met according to the letters a and b.
Total not more than 66 percent of the rest loan not matured yet for the course - and examination fees may be waived.
Repayment rates due in the first three years after the establishment of the existence of be deferred at the request of the borrower or the borrower amounting to more than 66 percent of not matured yet remaining loan for the course - and examination fees. The loan debt is increased by the interest deferred pursuant to sentence 4, if the conditions for immunity referred to in paragraph 2 are not met.
(3) for each month, credible for the borrower or the borrower that 1 his or her income does not exceed the amount according to article 18a, paragraph 1, of the Federal training, 2. he or she maintains a child who has not yet completed the tenth year of life, or educates or looking after a disabled child and 3. is work he or she does not or per week not exceeding 30 hours makes, , the repayment is deferred on request according to § 13 paragraph 5 no longer than for a period of the first twelve months. The borrower or the borrower is obliged during the duration of the deferment after record in writing any occurring after the date of submission of the balance of changes 1 number 1 to 3 of the Kreditanstalt für Wiederaufbau. He or she is of the borrower or the borrower does not fulfil this obligation, with each deferred to wrong rate without a reminder in default. After expiration of the deferral period, the deferred rates be adopted on application as far as the borrower or the borrower proves that at the time of the application the prerequisites of sentence 1 number 1 to 3 are still given. Child of the borrower or the borrower is a child, for he or she is entitled to child benefit according to the income tax act or the federal child benefit Act, insofar as the child has not yet completed the tenth year of life, as well as children in the meaning of § 32 paragraph 4 number 3 of the income tax act or § 2 paragraph 2 paragraph 3 of the federal child benefit Act.
(4) on the request of the borrower or the borrower on deferral and remission, the Kreditanstalt chooses reconstruction in the cases of paragraphs 1 to 3.
§ 14 of the Kreditanstalt für Wiederaufbau upon request which is reimbursed not to expect a timely payment of or from the loan and interest debt of a borrower or a borrower is Kreditanstalt für Wiederaufbau (1) until the end of the fourth year after the start of the loan repayment. This is particularly the case if 1 the borrower or the borrower consecutive months did not achieve the redemption rate for six or during this period with a sum amounting to the four times is a monthly rate of repayment in arrears, 2. the loan agreement effectively is cancelled by the Kreditanstalt für Wiederaufbau according to the valid regulations, 3. duration lasting complicates the repayment of the loan as a result of the purchase or disability or illness of the borrower or the borrower of more than a year or has become impossible, 4. the borrower or the borrower has become insolvent or help the living gets book social code or services to the subsistence costs after the twelfth after the second book of the social code or 5 of the residence of the borrower or the borrower could not be determined for more than six months.
With the payment of claims under the loan agreement on the Federal passes pursuant to sentence 1.
(2) the Kreditanstalt für Wiederaufbau are to the 30th March, 30 June, 30 September and 30 December of the year be refunded: 1 interest, by which payment is optional for the borrower or the borrower according to section 13, paragraph 3, amounts which, adopted them according to § 13 b 3 amounts to reimburse her referred to in paragraph 1 are 2, 4. interest for the article 13 b deferred repayment rates equal to the EURIBOR rate applicable to section 13, paragraph 2, sentence 2 , 5. loans and advances, which are extinguished due to the death of the borrower or the borrower according to § 13 paragraph 7.
Prematurely repaid a loan with a fixed interest rate according to article 13, paragraph 5, sentence 5, receives the credit Institute for reconstruction a compensation in the amount of your recovery system damage.
(3) for the management and recovery of the loan according to section 18, the Kreditanstalt für Wiederaufbau in addition to the necessary legal costs each for 12 months receives a management fee in the amount of 2.5 per cent of the remaining loan, but no more than 128 euro.
§ 15 can set-off with a claim to reimbursement of subsidies are netted against the corresponding benefits in full.
§ 16 repayment obligations (1) the requirements for the performance on any day of the calendar month were submitted for which she has been paid, shall - except in the cases of paragraphs 44 to 50 of the tenth book of social code - to the extent that to lift the granting and reimburse the promotion amount as 1 of the participant or the participant, each spouse or life partner has achieved income, that is; not been considered for the grant Rule adjustments to statutory pensions and pensions here remain unconsidered, 2. promotion subject to the recovery has been done.
(2) the amount of the support is to repay for the calendar month or part of a calendar month, in which the participant or the participant has interrupted the action by him or her reason to be.
Fourth section income and asset recognition section 17 income and asset transfer
(1) sections IV and V of the Federal training, as well as the regulation on the designation of the applicable income other revenue the imputation of income and assets according to § 10 paragraph 2 with the exception of § 29 of the Federal training and the appropriations to the adoption of legal regulations in article 21, paragraph 3 number 4 to apply article 21, paragraph 3 number 4 of the Federal training provided according to , that the competent authority for this law takes the place of the Office of education and that in cases of article 24, paragraph 2 and 3 of the Federal training request without reservation of the recovery decision. Section 11, paragraph 4, of the Federal training is to be applied accordingly.
(2) the living not permanently separated spouse or life partner is considered spouse or life partner in the meaning of this Act, unless this Act provides otherwise.
§ 17a exemption from (1) by virtue of the assets without crediting 1 for the participant or the participant itself 35 800 euro, 2 for the respective spouses or life partners 1-800 euro, 3 for each child of the participant or the participant 1 800 euros.
(2) in order to avoid undue hardship, another part of the estate can remain free credit.
Fifth section received over loans that are loans received over according to § 14 paragraph 1 on the Federal managed organisation § 18 of the Kreditanstalt für Wiederaufbau and indented.
Sixth section procedure article 19 application (1) providing funding including the amount of the loan decides the competent authority on written request. The contribution of the measure must be no later than the end of the measure, several independent in sections to be applied for to the end of the respective measure.
(2) where there are forms for collecting the facts necessary for decisions under this Act, they are to use.
§ 19a territorial jurisdiction for the decision on the services of promotion of is certain of the countries for the implementation of this law, the authority of the district in which the participant or the participant has his or her permanent residence. As the authority the participant or the participant in Germany has no permanent place of residence, is responsible, in whose district the educational site of the Fort is located.
§ 20 duty the Kreditanstalt für Wiederaufbau inform the competent authority concerning the conclusion of a loan agreement pursuant to section 13, paragraph 1. The competent authority shall inform the Kreditanstalt für Wiederaufbau of changes of the decision, which lead to a reduction of the services under this Act in these cases.
Article 21 obligations (1) the carrier of the measures are required to provide all information to the competent authorities upon request and to submit documents and to allow the visit of the Fort education site, so far as it requires the implementation of this law. They are obliged, for the promotion of relevant changes in their business operations and the measure, setting a course, the abandonment, the premature termination, not regular attendance, according to § 7 paragraph 1 immediately notify the termination of the action by the participant or the participant, or a termination of the measure before the end of the contractual period the competent authorities, as soon as these circumstances known them.
(2) article 60, paragraph 1, sentence 1 and paragraph 2 of the first book of the social code shall apply accordingly for those or has to reimburse the, the, or the services and the respective spouses or life partners of the applicant, or the applicant.
(3) public and non-public bodies may transmit request personal information that are required for the implementation of this Act, the authorities responsible for the implementation of this law as far as this sensitive matters are not affected or concerned or the public interest outweighs the privacy interest of affected. The transmission is omitted if conflict with the special regulations of use.
(4) insofar as this is necessary for the implementation of this law, the respective employers request the participant or the participant and the respective spouses or life partners, as well as the competent authority to issue a certificate of the wages and the exemption notified as a tax deduction, has 1 2 the respective supplementary pension institution of the public service or public service supplementary pension institution request the competent authority to give information about which of their provided old-age and survivor of the participant or the participant and of each spouse or partner.
(5) the competent authority may set a reasonable deadline for obtaining information and submission of documents the people and institutions referred to in the paragraphs 1 to 3.
Obligation of spouse or partner has the spouse section 22 or spouse of the participant or the participant brought the power of promotion at this or this this, that he or she has made intentionally or recklessly false or incomplete information or omit a display according to § 21 paragraph 2, so he or she has to replace the wrongly paid promotion amount. The amount is interest when the wrongly made to 3 per cent above the base rate according to § 247 of the civil code for the year.
Article 23 decisions decision (1) under this Act are in writing with the applicant or the applicant (decision). It was decided in a decision basically about promoting a measure, so this decision applies to all sections of the measure.
(2) in the notice, it shall be indicated: 1 the amount of the portion of the grant to measure contribution to article 12, paragraph 1, sentence 1 number 1 and set 2, 2nd after the height of the action loan section 12, paragraph 1, sentence 1 and 3, 3. the duration of the interest and repayment freedom after article 13, paragraph 3, 4 the period pursuant to section 12 paragraph 4, up to the conclusion of a loan agreement may be required , 5. the end of the maximum duration according to § 11 and 6 the time to the proof of participation, as well as the legal consequences of non-template and not regular participation pursuant to § 9.
Additionally specify are measures in the form of full-time: 1 the amount of the portion of the grant to the maintenance contribution under article 12, paragraph 2, sentence 1 and 2, 2. section 12 paragraph 2 sentence 3, the amount of the portion of the grant to the amount for children 3. the amount of the maintenance loan pursuant to section 12 paragraph 2 sentence 5, 4. the amount of the income of the participant or the participant, the respective spouses or life partners, as well as the amount of assets of the participant or the participant according to § 17 , 5. the amount of tax included in determining the income and deductions for compensation of the expenses for the social protection according to article 17, 6 the amount of the granted allowances according to the § § 17 and 17a, 7 the amounts charged on the need of the income and assets of the participant or the participant, as well as the income of each spouse or partner according to article 10, paragraph 2, sentence 5 and article 17.
For single parent families, the subsidy for the child care supplement is to specify in addition according to § 10 paragraph 3.
In granting a promotion for the test preparation phase shall be in addition to specify: 1. the amount of the maintenance loan and 2 for single parents will be the amount of the loan for the child care supplement according to section 12 paragraph 3 (3) on the promotion for the duration of an action or measure section (approval period) full time measures no longer than for a period of 24 months, part time measures no longer than for a period of 48 months , decided.
(4) at the request of the competent authority has to decide whether to participate in a measure to the technical direction, destination in advance (article 2 paragraph 1 number 2), temporal and content design and type of vehicle basically the promotion criteria exist. The competent authority is not bound by the decision, if the action within one year after the application is started.
§ Cashless monthly in advance to pay 24 payment (1) which are according to § 10 paragraph 3 and article 12, paragraph 2, sentence 3 grant shares to the maintenance contribution pursuant to article 12, paragraph 2, and the subsidy for child care. The share of grant to measure contribution to article 12, paragraph 1, sentence 2 may be paid in an amount up to the amount specified in the notification, only up to an amount of EUR 2 600. The competent body under section 19 may approve the payment of a higher amount, taking into account the payment of the course fees. The measure contribution for the examination fee is paid only at maturity, and upon presentation of the invoice or of the notification of the charges. The Bank loans are paid in accordance with § 13 by the Kreditanstalt für Wiederaufbau.
(2) the monthly maintenance contribution grant shares and the subsidy for child care according to § 10 paragraph 3 and article 12, paragraph 2, sentence 3 are residual amounts rounded to 0.49 euros to full and rounded for balances from 0.50 euros to full.
(3) monthly subsidy amounts under EUR 16 be not done.
§ 25 a performance promoting relevant circumstance changes change of the ruling, so the decision is changed 1 in favour of the participant or the participant from the beginning of the month in which the change occurred, retroactively, but not more than for the three months preceding the month in which it was communicated to the competent authority, 2. to the detriment of the participant or the participant from the beginning of the month that follows on the entry of the change, if this change leads to an increase or reduction of the maintenance fee or the measure contribution to at least 16 euro. Do not apply rule adjustments to statutory pensions and pensions as a change within the meaning of sentence 1. section 48 of the tenth book of the social code shall not apply; Refunds are based on § 50 of the tenth book of the social code. Notwithstanding sentence 1 the decision is changed from the beginning of the grant period, if in the case of article 22, paragraph 2 and article 24 paragraph 3 of the Federal training a change in the income of the participant or the participant, of each spouse or partner or a change of the franchise occurred in the cases of § 25 paragraph 6 of the Federal training.
Section 26 courts for public law disputes arising under this Act is the administrative law way, given ordinary legal recourse for disputes arising from the loan agreement.
§ 27 statistics (1) on the support under this Act is carried out a Federal statistics.
(2) the statistics collected annually for the previous calendar year the number of sponsored (first - and Folgegeförderte), waivers granted the requests and permits (first and subsequent permits), the rejections, the loans approved and disbursed and number and height according to § 13a and 13B granted loans decrees and deferral and data collection characteristics following for each supported according to §: 1 by the participant or the participant: gender , Year of birth, nationality, type of first professionally qualifying degree of training, training goal, Fort educational establishment by type and legal status, month and year of the beginning and of the end of the maximum duration, type, height and composition of the measure fee pursuant to section 12 paragraph 1, 2nd by the participant or the participant in action full-time in addition: marital status, Unterhaltsberechtigtenverhältnis of children, amount and composition of the monthly total demand of the participant or the participant , to amounts attributable to the needs of the income and assets of the participant or the participant, month and year of the beginning and end of the approval period and type, composition and amount of the maintenance fee during the measures pursuant to article 12, paragraph 2, as well as during the audit preparation phase pursuant to section 12 paragraph 3, divided by months, amount and composition of income according to article 21 and the exemption according to article 23, paragraph 1, sentence 2, as well as , if an asset transfer, the amount of assets under section 27 and the hardness allowance according to section 29, paragraph 3, of the Federal training, 3 single participants and participants in addition: type, amount and composition of children care surcharge, 4 of the respective spouses or life partners of the participant or the participant on measures in the form of full time: amount attributable to height and composition of income and the amount of the income and the income on the demand of the participant or the participant.
(3) input characteristics are the name and address of the competent authorities.
(4) for the implementation of the statistics information obligation. The competent authorities and the Kreditanstalt für Wiederaufbau are required to report.
§ 27a application of the social security code as far as this law contains no derogations, the tenth book of the social code, §§ 1 to 3, 11 to 17 and 30 to 67 of the first book of the social code can find application; will be a performance on the account of the participant in a credit institution, missing funds in the account section 850 k of paragraph 6 of the code of civil procedure applies accordingly.
Seventh section raising the financing section 28 spending are raising the financing (1) under this Act, including the reimbursement of the Kreditanstalt für Wiederaufbau under § 14 paragraph 2, by the Federal to 78 per cent and by the countries to 22 per cent.
(2) the Kreditanstalt für Wiederaufbau dissipates 22 per cent of the loan amount withdrawn by you according to § 18 of the federal country where the borrower or the borrower has his or her residence.
Eighth section relocked, transitional and final provisions article 29 penalty provisions (1) any person who intentionally or negligently information not, incorrectly, incompletely or not in time granted 1. contrary to article 21, paragraph 1, not, not properly, not fully or not timely submit a certificate or not, incorrectly, incompletely or not in time makes a communication or 2. contrary to section 60 paragraph 1 sentence 1 of the first book of the social code is , also in connection with article 21 paragraph 2, an indication or a notice of change makes it not, incorrectly, incompletely or not in time or submit a proof certificate not, incorrectly, incompletely or not in time.
(2) the offence can be punished with a fine up to three thousand euros.
Article 30 transitional provisions (1) for actions started until June 30, 2009 or action sections of professional training are continue to apply the provisions of this Act with the exception of article 13 b of paragraph 2 as amended by force until the end of June 30, 2009.
(2) § 2 paragraph 1 paragraph 2 sentence 3 applies to measures or action sections that are started until June 30, 2012.
(3) § 2a applies to measures or action sections, starting from July 1, 2010.
(4) for measures funded under this Act or action sections that have started before October 28, 2010, the provisions of this Act in force until October 28, 2010 amended shall apply.
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