Learning support / tutoring from BuT denied — what you can do now

Your child needs tutoring, and you applied for it at the Jobcenter — as a benefit from education and participation (Bildung und Teilhabe, BuT). Now the rejection decision is in front of you: "no risk of failing the grade", "school offerings are sufficient" or the school's statement is missing. Such rejections often stand on wobbly legs. It is almost always worth filing an objection.

The essentials in 30 seconds

• Learning support (Lernförderung) — colloquially tutoring (Nachhilfe) — is a benefit under § 28 Abs. 5 SGB II, the paragraph on education and participation.
• Since the Starke-Familien-Gesetz of 2019, it is enough that essential learning goals are not being reached. An immediate risk of repeating the grade (Versetzungsgefährdung) is no longer required.
• Typical levels of support in practice: 15 to 30 euros per hour, often 40 to 80 hours per half-year — depending on municipality and need.
• The most common rejection grounds are legally outdated or formally flawed.
• Objection period: one month from receipt of the decision. After that, the decision is final.

We review your decision within 24 hours. Free and non-binding.

Why is tutoring denied so often?

Many Jobcenters still use wording from the time before 2019. Back then the rule was: tutoring only if the grade advancement was at risk. The legislature changed that. Today it is enough if the child is not reaching the essential learning goals of the class — for example basic arithmetic in class 5 or fluent reading at the end of primary school.

Example: Your child attends class 7. In mathematics there is a grade 4, in English a grade 4 minus. Advancement is not immediately at risk — but the class teacher says that without targeted support the transition to upper secondary will be difficult. The Jobcenter rejects: "no risk of repeating the grade". This rejection falls short. What matters is no longer grade advancement but whether essential learning goals are being reached.

Other frequent rejection grounds:

• "School offerings are sufficient" — often stated in a blanket way, without checking whether the AG (working group) or homework club really fits in the specific subject and scope. A general "homework support" on Friday afternoon is rarely a substitute for targeted support in fractions or in English grammar.
• "Statement from the school is missing" — here the Jobcenter has a duty to cooperate and to support you in obtaining the statement, rather than simply rejecting. Often the school needs only a short reminder or the right form.
• "No suitable provider" — the Jobcenter may not tie you to a single listed provider if that one is not available. You have a right to a free choice of provider within the framework of the rules.
• "Need not yet documented" — sometimes a Jobcenter requires a class test or report card from the current half-year. If these are not yet available, the school should be able to confirm the foreseeable need with a written statement.

Your rights in concrete terms

1. Claim under § 28 Abs. 5 SGB II. Literally: "For pupils, appropriate learning support supplementing school offerings is considered if it is suitable and additionally necessary to reach the essential learning goals set by school-law rules." Key term: essential learning goals — no longer risk of grade repetition.

2. School statement as central evidence. The school — usually the class teacher or subject teacher — confirms: (a) which learning goals are not being reached, (b) that learning support is suitable and (c) that school offerings alone are not enough. Many municipalities have a form for this.

3. Free choice of provider — with limits. Permissible are for example tutoring institutes, qualified students, retired teachers. Members of the needs community (Bedarfsgemeinschaft, BG) — all persons in the household whose income is counted jointly — are usually excluded.

4. Scope: individually reasonable. The amount of support is set case by case. In practice, 15 to 30 euros per hour are common, often 40 to 80 hours per school half-year. Some municipalities have maximum rates in a guideline — but these guidelines must not override the individual case.

5. Duty of the Jobcenter to cooperate (§ 14 SGB I). If documents are missing, the Jobcenter must advise and support you — not simply reject.

6. Right of objection (§ 84 SGG). Against the rejection you file a written objection (Widerspruch). The period is one month from notification. If the decision lacks a correct instruction on legal remedies, the period extends to one year.

Current case law

The legal situation on learning support has become clearer after the 2019 amendment. The Federal Social Court (Bundessozialgericht) has repeatedly emphasised that education benefits under SGB II/XII are to be assessed individually and must not fail on rigid flat rates. Relevant landmark decisions on BuT exist both on the former criterion of risk of grade repetition (still useful for old cases) and on the obligation of benefit providers to ask rather than reject when things are unclear. [URTEIL-REFERENZ]

More important for everyday life than the individual ruling: the statutory text has been unambiguous since 2019. If your decision relies on "risk of grade repetition", it contradicts current law. The same applies if the decision argues that a child must already show poor school performance over a long period — what counts is the prognosis of the school regarding the essential learning goals, not a backward-looking grade history.

In addition, several State Social Courts (Landessozialgerichte) have made clear that a Jobcenter may not require a so-called "exhaustion" of free school offerings before approving learning support if those offerings demonstrably do not fit the concrete need. The case-by-case look at the child, the subject and the school environment remains decisive. [URTEIL-REFERENZ]

How to proceed now

1. Note the deadline. Date on the decision plus one month. This deadline is hard — after that the decision is final.

2. Obtain a school statement. Speak to the class or subject teacher. Three points matter: which learning goals are not being reached? Why are school offerings not enough? What scope of tutoring is recommended (subject, hours, period)?

3. Collect report cards, class tests, learning-level assessments. Everything that documents the support need.

4. File objection — in writing. One sentence is enough at first to meet the deadline: "Gegen Ihren Bescheid vom [Datum], Aktenzeichen [AZ], lege ich hiermit Widerspruch ein. Die Begründung reiche ich nach." Send by fax, registered mail or hand in in person against a stamp.

5. Submit the reasoning later. Respond point by point to the rejection grounds. If it says "no risk of grade repetition": refer to § 28 Abs. 5 SGB II in the version in force since 2019. Enclose the school statement and evidence.

6. In urgent cases: consider interim legal protection. If the half-year is running and tutoring is needed now, an emergency motion (Eilantrag, § 86b SGG) at the Social Court may make sense — in parallel to the objection.

Typical mistakes to avoid

• Letting the deadline pass. The one-month deadline is the most common trap. File the objection immediately, even without a finished reasoning.

• Reacting only orally. A phone call to the Jobcenter does not replace an objection. In writing and verifiable — that is the rule.

• Paying bills from your own pocket in advance. Learning support should be settled directly with the provider (education and participation voucher or direct billing). Those who pay privately often get nothing back later.

• Choosing a provider without proof of qualification. The tutor should be able to show professional suitability — a degree, teaching practicum, relevant experience. Without that there may be disputes about "suitability".

Frequently asked questions

My child is not at risk of repeating the grade. Do I still get tutoring?

Yes, in many cases. Since 2019 it is enough if essential learning goals are not being reached. Someone who holds the grades but missed important basics (for example fractions in class 6) can have a claim. The school's statement is decisive.

How many hours do I get approved?

This is set individually. In practice, 40 to 80 hours per half-year in one subject are common, at an hourly rate of 15 to 30 euros. The school should justify the concrete need.

May the Jobcenter refer me to free school offerings?

Only if these offerings are actually suitable and available. A blanket AG on Friday does not replace targeted one-on-one tutoring in mathematics. This must be examined concretely case by case.

My daughter attends a secondary school without the German Abitur — does that count too?

In principle yes. § 28 SGB II covers pupils attending general or vocational schools who do not receive training pay. Details depend on the school type.

Can older young people (upper secondary, vocational school) also receive tutoring?

Yes, as long as they are pupils within the meaning of the law and receive no training pay. Particularly in upper secondary before the Abitur, applications are possible and often successful.

Have your decision reviewed now

The rejection of your application for learning support need not be the final word. Very many decisions rely on outdated criteria or formal grounds that can be cleared up. We look at what is in your decision and what can be challenged.

We review your decision within 24 hours. Free and non-binding.