Housing benefit and BAföG cannot simply be claimed side by side. If you receive BAföG, expect the housing benefit office to check whether you are excluded, because the Housing Benefit Act refers to benefits whose calculation includes housing costs. This guide explains the rule, gives the 2026 BAföG maximum rates and shows how to prepare for the check.
Short answer: Under section 7 para. 1 WoGG, recipients of certain benefits are excluded from housing benefit if those benefits took housing costs into account. For students living away from home who are up to 24, the 2026 BAföG maximum rate was 855 euros per month (Studierendenwerke). Whether you have a claim is decided by the housing benefit office on the basis of your BAföG notice. Last updated: October 2026.
The most important points at a glance
- Under section 7 para. 1 WoGG, recipients of certain benefits are excluded from housing benefit if housing costs were taken into account in their calculation.
- The law provides an exception if the benefit is granted exclusively as a loan, or if housing benefit can avoid or end the need for assistance.
- The 2026 BAföG maximum rate for students living away from home who are up to 24 was 855 euros per month.
- From the age of 25, higher maximum rates apply, which depend on whether you live with your parents.
- Whether the exclusion applies in your case is decided by the housing benefit office on the basis of your BAföG notice.
What does section 7 WoGG say exactly?
Section 7 para. 1 of the Housing Benefit Act lists groups of benefit recipients who receive no housing benefit. What matters is whether housing costs were taken into account when the respective benefit was calculated. The rule prevents housing costs from being subsidised twice. An example in the law is benefits for trainees under section 27 para. 3 of the Second Book of the Social Code (SGB II) that are paid as a grant.
The exception in sentence 3 applies if the benefit is granted exclusively as a loan, or if housing benefit can avoid or end the need for assistance, provided that further conditions are met. You clarify these conditions in your individual case with the office.
In practice this matters: the exclusion depends on the content of the other benefit, not on your status as a student. Handing in only the enrolment certificate is therefore not enough. What counts is how your BAföG notice takes your accommodation into account. An overview of housing benefit for students is in our guide Student Housing Benefit: Who Qualifies and How to Apply.
What are the BAföG rates in 2026?
The need under section 13 BAföG consists of a basic amount and a housing allowance. The Studierendenwerke give a basic amount of 475 euros per month for 2026, and a housing allowance of 380 euros per month for students living away from home. Together this gives the maximum rate of 855 euros. The table shows the maximum rates by age and living situation.
| Age group | Living situation | Maximum rate per month |
|---|---|---|
| up to 24 | away from home | 855 euros |
| 25 to 29 | away from home | 992 euros |
| 25 to 29 | with parents | 671 euros |
| from 30 | away from home (maximum) | 1,088 euros |
| from 30 | with parents (maximum) | 767 euros |
Note: these are maximum rates, not payment amounts. The actual claim depends on the income that counts, and in BAföG also on the income of your parents, as far as it is taken into account. A notice can therefore be well below the maximum rate. The source of the figures is the overview of the Studierendenwerke on the needs rates up to 2026.
When do housing benefit and BAföG overlap?
Whether both can be paid at the same time cannot be answered in general terms. It depends on whether your BAföG takes housing costs into account. If you live away from home and receive a housing allowance, the link to the rule in section 7 WoGG is especially close. Only the housing benefit office can confirm on the basis of your notice whether the exclusion applies in your case.
The law asks this question separately for each benefit. It is therefore sensible to bring the BAföG notice, ask the housing benefit office in advance and keep the answer in writing. This makes it traceable on what basis the decision was made.
| Situation | What to check | Who decides |
|---|---|---|
| BAföG with housing allowance (away from home) | check the exclusion under section 7 para. 1 WoGG and keep the notice ready | housing benefit office |
| BAföG is not granted | have housing benefit checked and document your income | housing benefit office |
| benefit paid only as a loan | check the exception under section 7 para. 1 sentence 3 WoGG | housing benefit office |
| BAföG notice still pending | submit the application and ask about the state of the decision | housing benefit office |
How do you prepare for the check?
Good preparation saves time. Have your current BAföG notice, the rental documents and details about your household ready. If you have income besides BAföG, for example from a part-time job, note the monthly amounts. The housing benefit office needs complete details to check the exclusion properly. Which earnings count for a part-time job is explained in our guide BAföG Income Limit 2026: How Much Can You Earn?.
Frequently asked questions
Can I apply for housing benefit while my BAföG application is still pending?
If your BAföG application is still pending, raise this with the housing benefit office. The exclusion cannot be checked properly without the BAföG notice. Ask how the office handles pending notices and keep the answer in writing.
Do I have to report changes to BAföG?
If your BAföG notice changes, for example because of new income or a different living situation, you report this to the BAföG office. If housing benefit is also being paid, the duty to report significant changes under section 27 para. 3 WoGG applies as well. Both offices should receive the same details, otherwise contradictions arise.
Does the rule also apply to students over 30?
The maximum rates differ by age, for example from 30 years. The exclusion rule in section 7 WoGG, however, does not depend on age but on the content of the other benefit. Whether you receive BAföG over 30 is a separate question, which our guide BAföG Age Limit: Studying Over 30 and Funding in 2026 answers.
What does the planned BAföG reform change?
The BAföG reform is a government bill. The government draft was first debated in the Bundestag in October 2026, and the outcome is open. Until a law is in force, today’s maximum rates remain applicable. What the draft provides and when it should apply is explained in our guide BAföG Reform 2027: What Is Changing and When.
What you should do now
- Collect your current BAföG notice and the rental documents.
- Ask the housing benefit office whether the exclusion under section 7 WoGG applies to your BAföG.
- Submit the application and enclose the BAföG notice, so that the check is based on documented facts.
- Report changes to both offices as soon as they occur.
Related reading
- BAföG Rates 2026/27: Figures, Allowances and Limits
- BAföG 2026: Eligibility, Amount and Repayment Explained
- Wohngeld für Studierende: Anspruch, Berechnung und Antrag (in German)
Sources: section 7 WoGG, exclusion from housing benefit (in German) (accessed October 2026), section 27 WoGG, new grant and duty to report (in German) (accessed October 2026), section 13 BAföG, needs of students (in German) (accessed October 2026), Studierendenwerke: BAföG needs rates up to 2026 (in German) (2026).
Last updated: October 2026. This guide is general information, not individual advice.
