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Regulation on the designation of the other income in force as income pursuant to § 21 (3) (4) of the Federal Education Promotion Act

Original Language Title: Verordnung zur Bezeichnung der als Einkommen geltenden sonstigen Einnahmen nach § 21 Abs. 3 Nr. 4 des Bundesausbildungsförderungsgesetzes

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Regulation on the designation of the other income in accordance with § 21 (3) (4) of the Federal Education Promotion Act (BAföG-Income V)

Unofficial table of contents

BAföG Income V

Date of completion: 05.04.1988

Full quote:

" Regulation on the designation of the other income in force as income in accordance with § 21 (3) (4) of the Federal Education Promotion Act of 5 April 1988 (BGBl. 505), as defined by Article 3 (3) of the Law of 29 June 2015 (BGBl. I p. 1061).

Status: Last amended by Art. 4 G v. 23.10.2012 I 2246
Note: Amendment by Art. 3 (3) G v. 29.6.2015 I 1061 (No) 26) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1988 + + +) 

V shall enter into the territory referred to in Article 3 of the Agreement on the entry into force of the Agreement. L. I chap. XVI Sachgeb. B Sect. II EingS. United Vtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1132 in force on 1.1.1991 Unofficial table of contents

Input formula

Pursuant to Section 21 (3), first sentence, No. 4 of the Federal Education Promotion Act, as amended by the Federal Law on Education and Training of 6 June 1983 (BGBl. 645), the Federal Minister for Education and Science, with the approval of the Federal Council, states: Unofficial table of contents

§ 1 Benefits of social protection

The following social security benefits shall be deemed to be revenue intended to meet the needs of the person in question:
1.
according to the Third Book of the Social Code
a)
Compensation for compensation (§ 3 (4))
b)
(dropped)
c)
Foundation grant (§ 93) minus the flat-rate social security contributions
d)
Integration assistance (§ 418);
1a.
(dropped)
1b.
(dropped)
2.
According to the Fifth, Sixth and Seventh Book of the Social Code (SGB V, SGB VI, SGB VII), the Second Law on the Insurance of Farmers (KVLG-1989), the Maternity Protection Act (MuSchG), the Federal Elders ' Money and Parental Leave Act (BEEG),
a)
Sickness benefit (§ § 44ff. SGB V, § § 12ff. KVLG-1989),
b)
Benefits of the statutory health insurance fund for the reimbursement of earnings when working as a household aid in the event of illness of the insured person (§ 38 para. 4 SGB V);
c)
Maternity allowance (§ 24i SGB V, § 13 MuSchG) and grant to the maternity allowance (§ 14 MuSchG), insofar as they are the parental allowance according to the Federal Act of Education Act or the parental allowance on the basis of § 10 of the Federal Law on parental benefits and parental leave. or comparable performances by countries,
d)
Infringed money (§ § 45 ff. SGB VII);
e)
Transitional allowance (§ § 49 ff. SGB VII, § § 20 et seq. SGB VI);
f)
Parental allowance under the Federal Elternals and Parental Leave Act, to the extent that it exceeds the amounts unpaid in accordance with § 10 of the Bundeselterngeld-und Elternzeitgesetz (Federal Elterngeld-und Elternzeitgesetz);
3.
according to the Federal Supply Act (BVG) and the laws which declare the Federal Supply Act applicable,
a)
Health care allowance (§ 16 BVG),
b)
Transitional allowance (Article 26a (1) of the BVG),
c)
Maintenance allowance if the person concerned is not housed in a rehabilitation facility (Article 26a (5) of the BVG),
d)
Supplementary assistance for subsisting, as far as it is provided outside of institutions, homes and similar institutions for members of the Federal Ministry of Education and Training (Bundesausbildungsförderungsgesetz-BAföG), § 25 (3) (2) of the Federal Education and Training Promotion Act (BAföG), which is responsible for Income related persons do not live in the household community (§ 27a BVG);
4.
according to the burden-balancing act (LAG), the reparation damage law (RepG) and the Refugee Assistance Act (FlüHG), each half the amount of the
a)
Support for maintenance (§ § 261 to 278a LAG),
b)
Maintenance allowance (Section 10 of the Fourteenth Act amending the Burden-Equalisation Act),
c)
Aid for subsisting (Sections 301 to 301b of the LAG),
d)
Support and maintenance allowance (§ § 44, 45 of the RepG),
e)
Aid for subsisting (§ § 12 to 15 FlüHG);
5.
in accordance with the Maintenance Assurance Act, in so far as they are not made in order to compensate for the military service of the trainee,
a)
general benefits (§ 5),
b)
Individual benefits (§ 6),
c)
Services for basic service officers (§ 12a),
d)
Earnings compensation damages (§ 13 para. 1, § 13a);
The same applies to similar services in accordance with § 78 of the Civil Service Act and Section 59 of the Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834), most recently by Article 3 of the Law of 19. October 1994 (BGBl. 2978);
6.
in accordance with the Staff Regulations for the Supply of Staff Regulations (§ 47);
7.
in accordance with the maintenance subsisting allowance (§ § 1 et seq.);
8.
Adjustment money in accordance with the directives on the granting of adjustment money to workers in the coal industry on 13 December 1971 (BAnz. No 233 of 15 December 1971), as last amended on 16 June 1983 (BAnz. 5901);
9.
Benefits under the Directive on the granting of aid to workers in the iron and steel industry affected by measures within the meaning of Article 56 (2) (b) of the Treaty on European Union, of 25 March 1998 (BAnz). 4951);
10.
According to the Soldatenpension Transitional Money (§ 37), unemployment allowance (§ 86a para. 1);
11.
Early retirement allowance under the Regulation on the granting of early retirement money of 8 February 1990 (GBl). 42), as defined in Annex II, Chapter VIII, Section III, Section III, point 5, of the Agreement of 31 August 1990 and Article 4 (13) of the Agreement of 18 September 1990 in conjunction with Article 1 of the Law of 23 September 1990. (BGBl. 1990 II p. 885, 1210, 1243) with measures to be continued.
12.
Transitional services according to § 3 of the occupational diseases regulation (BKV) of 31. October 1997 (BGBl. 2623).
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§ 2 Other revenue

The following benefits shall also be considered as revenue intended to meet the requirements of life:
1.
according to the Wehrsoldgesetz
a)
Wehrsold (§ 2),
b)
Catering (§ 3),
c)
Accommodation (§ 4);
The same applies to similar benefits (cash and non-cash benefits)
-
According to § 35 of the Civil Service Act, § 59 of the Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834), most recently by Article 3 of the Law of 19. October 1994 (BGBl. 2978), and
-
for members of the enforcement police and the professional fire brigade;
2.
(dropped)
3.
Early retirement benefits and equivalent benefits in so far as they are tax-free, including the compensatory allowance under the Law on the Promotion of the Recruitment of Agricultural Employment (FELEG) of 21 February 1989 (BGBl. 233), in so far as it does not exceed the sum of the tax-free amount according to § 3 No. 27 of the Income Tax Act (EStG);
4.
Increases according to the age-part-time-law (§ 3 (1) (a)) as well as the surcharges, the non-insurance employees within the meaning of § 27 (1) No. 1 to 3 of the Third Book of the Social Code for the increase of the deductions in the case of part-time retirement after civil servants ' legal provisions or principles.
5.
Severance in accordance with § 3 No. 9 of the Income Tax Act;
6.
benefits provided in the fulfilment of a legal obligation, with the exception of the performance of the parents of the trainee and of his spouse or partner;
7.
Benefits in accordance with § 9 (1) of the Claim and Anwartschaftsüberguidance Act.
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§ 3 Income on foreign activities

The revenue to be used to meet the needs of life shall also be considered to be:
1.
the salaries of officials of international and intergovernmental organizations and institutions, as well as references to diplomatic and consular representatives of foreign powers and their assigned staff, to the extent that they are subject to tax liability; are exempt;
2.
the following revenue in accordance with the German law on the law of law:
a)
Foreign surcharge pursuant to § 55 (1) to (4) with 10 of the hundred of the amount,
b)
Foreign allowance surcharge pursuant to § 56 (1) sentence 1 no. 1 with 50 of the hundred of the amount,
c)
Foreign allowance surcharge in accordance with § 56 (1) sentence 1 no. 2 with 80 of the hundred of the amount;
The same applies to comparable references of persons who are posted, mediated or employed in the public interest outside the scope of the Federal Education Promotion Act.
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§ 3a Transitional provision

For periods of authorisation which have begun before 30 June 2003, the provisions of this Regulation shall continue to apply in their version valid until 21 May 2003. Unofficial table of contents

§ 4 Entry into force

This Regulation shall enter into force on 1 June 1988, subject to the proviso that it shall apply to all periods of approval which commend after 30 June 1988. At the same time, the Regulation on the designation of the other income in effect as income occurs in accordance with Section 21, Section 3, No. 4 of the Federal Education Promotion Act of 21 August 1974 (BGBl. 2078), as last amended by Article 4 of the Law of 13 July 1981 (BGBl I). 625), with the proviso that it will continue to apply to periods of approval which have begun before 1 July 1988.