Reasons for an Objection
An objection to the asset assessment is possible if the applicant believes that the Bafög office has incorrectly assessed certain assets or that the value of assets has not been accurately determined. Common reasons for an objection include:
- Assessment of assets that are earmarked and therefore protected (e.g., retirement savings or home savings contracts).
- Incorrect calculation of the assets due to incomplete or erroneous data.
- Assets that are actually not available (e.g., frozen accounts or long-term tied-up funds).
Deadline for Filing the Objection
The objection to the asset assessment must be filed within one month of receiving the notification at the responsible Bafög office. If the applicant misses this deadline, the notice becomes legally binding and can only be contested under certain conditions, such as new evidence.
Form of the Objection
The objection must be made in writing. The applicant should clearly formulate the objection, name the contested points, and, if necessary, attach evidence or documents that support their argument. The following information should be included in the objection:
- Name and address of the applicant.
- Reference number or grant number specified in the notification.
- Justification of the objection with detailed information regarding the disputed assets.
- Signature of the applicant.
Example of an Objection
Here is a template for an objection against the asset assessment:
Dear Sir or Madam, I hereby file an objection against your notification dated [date]. I believe that the assessment of my assets has not been correctly executed. The notification included [example: my home savings contract], although it is earmarked for retirement savings. I request you to reconsider the assessment based on the attached evidence and adjust the notification accordingly. Sincerely, [Name of the applicant]
Evidence for the Objection
To succeed with the objection, the applicant should attach suitable evidence. Possible evidence includes:
- Contracts for retirement savings, home savings contracts, or other earmarked assets.
- Certificates regarding the unavailability of assets (e.g., frozen accounts).
- Reports or appraisals that demonstrate that the value of certain assets has been incorrectly calculated.
Processing the Objection
After submission of the objection, the Bafög office reviews the disputed points and the provided evidence. Depending on the outcome of the review, the office may change the notice or reject the objection. If the objection is rejected, the applicant receives a written notice of the objection with a justification.
Lawsuit at the Administrative Court
If the objection is rejected, the applicant has the option to file a lawsuit at the competent administrative court within one month of receiving the objection notice. The lawsuit is the last opportunity to contest the decision if the Bafög office does not acknowledge the objection.
Chances of Success for an Objection
The chances of success for an objection depend on whether the applicant can present their arguments and evidence coherently. Particularly in the case of earmarked assets or errors in asset valuation, there are good chances that the notice will be amended in favor of the applicant.