BAföG office delays: administrative court rules

Example of a delayed BAföG decision: the administrative court route and different procedural rules, not automatic SGG waiting periods.

An example

A person has waited several months for an objection decision. They request an update and document the delay. If there is no sufficient reason, they may consider an inactivity action; the court does not thereby decide the benefit automatically.

What does this mean for me?

Under section 88 SGG, an action is generally possible after six months without a decision on an application or three months without a decision on an objection, if there is no sufficient reason for the delay. The court can consider the reasons and circumstances. There is no automatic award simply because the office has not acted. Other administrative systems may have different rules; for example, BAföG uses a separate rule in section 75 VwGO with a three-month period.

Delay and an inactivity action

Scope and support

General orientation in German social law, not individual legal advice or a guarantee. Check the decision, remedy instructions and special rules. The office or court decides each case. BAföG uses administrative courts; social-court rules do not automatically apply. A lawyer may charge fees; legal aid may be available subject to conditions.

Sources