Court Confirms Students’ Right to Social Benefits in Germany

In February 2026, German case law sent an important signal to students facing financial hardship. A court ruling clarified that students do not automatically lose their entitlement to social benefits merely because they interrupt their studies. The decision is already being described as a significant development in German social and administrative law.

What was the case about?

Germany’s highest administrative court, the Bundesverwaltungsgericht, reviewed the case of a student who had been denied social benefits due to a temporary break from university studies. Social authorities had relied on a formal approach, arguing that student status alone excludes entitlement to welfare benefits.

The court rejected this reasoning. According to the judges, the decisive factor is not formal enrolment at a university, but whether the individual is actually able to secure their own livelihood. If a student is temporarily not studying, receives no financial support and has no other sources of income, they may be entitled to social assistance.

Why this ruling matters for students

Until now, German welfare authorities often applied a rigid practice: anyone classified as a student was generally excluded from social benefits. The court made clear that such an automatic exclusion contradicts the constitutional principle of the social state.

The ruling primarily concerns benefits under the Bürgergeld, which replaced the former Hartz IV system. The court emphasized that social protection must reflect real-life circumstances rather than rely solely on formal legal status.

Which cases are covered by the decision?

The ruling does not mean that all students are now automatically entitled to welfare benefits. The court outlined several key conditions:the interruption of studies must be factual, not merely formal; the student must not have access to other forms of support (such as BAföG, scholarships, or family assistance); the purpose of the benefit must be to prevent financial hardship, not to replace regular student funding.

Each case must therefore be assessed individually. Nevertheless, students now have a strong legal argument when challenging decisions by the Jobcenter.

Implications for social welfare practice

Legal experts expect welfare authorities to revise their approach to student applications. Student status alone can no longer serve as sufficient grounds for a blanket refusal of benefits.

An increase in administrative appeals and court proceedings is anticipated, particularly in cases involving leave semesters, illness, changes of study programs, or involuntary interruptions of education.

What does this mean in practice?

For students, the ruling offers a concrete opportunity to enforce their right to a minimum standard of living.
For lawyers, it provides an important new reference point in social welfare cases.
For the state, it serves as a reminder that the principle of the social state requires flexibility and case-by-case assessment rather than rigid formulas.