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Mainz Court Denies Wohngeld to Long‑Term Student, Reaffirming Limits on Eligibility

The ruling applies the standard that benefits can be refused when studies are not pursued seriously and purposefully rather than by using a fixed semester limit.

Overview

  • The Verwaltungsgericht Mainz rejected a 50‑year‑old applicant who had been enrolled for 26 years, finding his prolonged studies without a realistic path to completion made Wohngeld misuse likely.
  • Student eligibility remains narrow because a basic entitlement to BAföG excludes Wohngeld, and BAföG must be applied for and assessed before any housing benefit claim.
  • A BAföG refusal due to high parental or partner income does not create a Wohngeld right, as maintenance obligations take precedence in such cases.
  • Since the 2023 Wohngeld‑Plus reform, heating costs are accounted for via a standardized component added to the calculation rather than by reimbursing actual bills.
  • Wohngeld is generally paid monthly in advance to tenants, can in specific cases be sent directly to landlords under §26 WoGG, can be reclaimed if overpaid, and was increased from 1 January 2025; Kinderzuschlag can be received concurrently but is applied for and paid separately.