Ruling strengthens students and parents
Child benefit despite slow start to studies? This judgment provides clarity
Parents know the situation: The child is enrolled at a university, but the family benefits office suddenly questions the child benefit. Particularly in the case of distance learning courses or private universities, it is quickly assumed that the studies are not being pursued “seriously”. A recent ruling by the Münster Fiscal Court shows this: This assumption often falls short and parents can successfully defend themselves.
The case: Distance learning, little evidence – no child benefit?
The specific case concerned a young woman who had enrolled on a full-time distance learning course in psychology at the private IU University. She paid around €350 per month in tuition fees, but had only completed one course in the first semester. This was not enough for the family benefits office: it rejected the child benefit because the studies were allegedly not being pursued seriously.
The ruling: Child benefit must still be paid
The Münster Fiscal Court clearly disagreed. It was not the number of examinations in the first semester that was decisive, but the overall view of the efforts. The judges were particularly convinced:
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the continuous tuition fee as a financial commitment,
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the credible learning effort of two to three hours a day,
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as well as the comprehensible progress in the second semester.
Studying is not a sprint, especially with distance learning, you often have to develop your own structures and learning techniques at the beginning.
Private university? No special standard!
Particularly important: The court clarified that there are no stricter requirements for students at private distance learning universities. A “serious education” can also exist if less evidence is provided at the beginning, especially if the studies take place in parallel with gainful employment.
What does this mean for parents?
Even if you are studying at a private university or part-time, you are generally entitled to child benefit up to the age of 25, provided that you can prove that you are seriously pursuing your studies.
These include:
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Proof of studies (even if few),
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an enrolled study plan,
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honest information about the learning effort,
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and understandable reasons for delays.
Conclusion: No loss of child benefit due to start-up difficulties
A slow start to your studies or few exams in the first semester do not automatically justify the withdrawal of child benefit. Anyone who shows that they are seriously pursuing their studies – whether at a distance learning university or on campus – has a good chance of enforcing their claim.
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