Short answer: During the legal clerkship (Rechtsreferendariat) in Bavaria you receive a monthly living allowance (Unterhaltsbeihilfe) under Art. 3 of the Bavarian special rules for lawyers in training (SiGjurVD). It consists of a basic amount, the local and family supplements and capital-forming benefits. The basic amount is announced by the Bavarian State Ministry of Finance and for Home Affairs. Side earnings are only partly credited, and the allowance can be reduced by up to 55 percent. Last updated: October 2026.
The legal clerkship (Rechtsreferendariat) in Bavaria is the second stage of legal training after the first state examination. You rotate through courts, prosecutors, administration and law firms and prepare for the second state examination. Financially, three questions matter: how the living allowance is calculated, what side earnings do, and how you are insured. This text explains the rules based on the legal source. For comparison with teacher training, see Teacher training in Bavaria.
The Most Important Points
- The living allowance consists of a basic amount, the local and family supplements and capital-forming benefits (Art. 3 para. 1 SiGjurVD).
- The Bavarian State Ministry of Finance and for Home Affairs announces the basic amount. It is not fixed in the law.
- Side earnings are only credited to the extent they exceed the basic amount. At least 45 percent of the basic amount always remains.
- If you fail the second state examination or cause a delay yourself, the allowance can be reduced by up to 55 percent.
- Whether and which Beihilfe applies differs from teacher training and must be clarified separately. You arrange health insurance yourself.
How High Is the Living Allowance in the Bavarian Legal Clerkship?
The living allowance is paid monthly and, under Art. 3 para. 1 SiGjurVD, consists of three parts: the basic amount, the local and family supplements, and capital-forming benefits. The basic amount is not written in the law as a fixed euro figure. The ministry announces its current level (Art. 3 para. 5). For that reason, keep the current announcement at hand instead of relying on a figure from an older guide. To check your payment:
- Note the basic amount from the current announcement of the ministry and the date of publication.
- Add the local and family supplements if the conditions apply to you.
- Compare the total with your monthly payment, which is made on the last day of the month for the current month.
How Do Side Jobs Affect the Living Allowance?
Side jobs usually require approval. Under Art. 3 para. 3, earnings from approved side activities are credited against the basic amount, but only to the extent they exceed it. The minimum basic amount is 45 percent. Art. 3 para. 2 separately covers pay from a required activity outside the public service. The example below shows the logic.
| Item | Value (assumption) | Result (assumption) |
|---|---|---|
| Basic amount | 1,000 euros | Starting point |
| Side earnings 1 | 1,300 euros | 300 euros credited, 700 euros remain |
| Side earnings 2 | 1,800 euros | Crediting would be 800 euros, but 450 euros remain (45 percent) |
Assumption: the figures only illustrate the logic. The actual basic amount is in the ministry announcement. Other rules can apply in individual cases, so clarify beforehand with the responsible office.
When Is the Living Allowance Reduced?
The President of the Higher Regional Court can reduce the basic amount by up to 55 percent (Art. 3 para. 4). This applies if the second state examination is not passed or if the training is delayed for a reason you are responsible for. In the case of approved absence from the examination and in particular hardship, no reduction is made. For orientation: after a 55 percent reduction, 45 percent remains, which is exactly the minimum basic amount.
Assumption: with a basic amount of 1,000 euros and a 55 percent reduction, 450 euros would remain. The example shows the scale only and does not replace a statement from the responsible office.
Does the Same Beihilfe Apply as for Trainee Teachers?
Not automatically. Trainee teachers in Bavaria are generally civil servants on probation and therefore entitled to Beihilfe. The living allowance in the legal clerkship is a separate benefit under the SiGjurVD. Whether and to what extent Beihilfe under the Bavarian Beihilfe ordinance applies must be clarified with the responsible office before you start. Ask specifically about your training status and the consequences for your health insurance.
Which Health Insurance Fits the Legal Clerkship?
Many trainees are statutorily insured, either voluntarily or through family insurance where the conditions are met. Private health insurance is also possible. For voluntary statutory insurance, the minimum contribution base for 2026 is 1,318.33 euros per month. With the reduced contribution rate of 14.0 percent and the average supplementary rate of 2.9 percent, the calculated minimum health insurance contribution is 222.80 euros per month. Long-term care insurance is added on top. Your actual contribution depends on your fund and your income.
For the trade-off between statutory and private cover, start with Health insurance during training (in German).
Frequently Asked Questions
When do I receive the living allowance?
Under Art. 3 para. 5 it is paid on the last day of a month for the current month. If payments are late, check the notices of the responsible Higher Regional Court.
Who sets the basic amount?
The Bavarian State Ministry of Finance and for Home Affairs announces the current level. The law itself does not give a fixed amount.
May I work alongside the clerkship?
Side jobs usually require approval. Without approval you risk problems with the allowance and your training. Crediting follows Art. 3 para. 3 SiGjurVD.
What happens if I fail the examination?
The basic amount can then be reduced by up to 55 percent. The President of the Higher Regional Court decides on a reduction in each case.
Are there exceptions to the reduction?
Yes. Under Art. 3 para. 4, approved absence from the examination and special hardship can mean that no reduction is made. Apply in time and with evidence.
What to Do Now
- Read Art. 3 SiGjurVD in its current version and note the rules on basic amount, crediting and reduction.
- Get the current announcement on the basic amount and note the amount with its date.
- Clarify approval and crediting before you take up a side job.
- Choose your health insurance with a consultation and clarify the contribution base in advance.
Related Articles
- Teacher training in Bavaria
- Beihilfe during training (in German)
- Health insurance during training (in German)
- Statutory insurance for trainees (in German)
- Health insurance for trainees (in German)
Sources: Bavarian special rules for lawyers in training (SiGjurVD), Art. 3, accessed October 2026, Bavarian law portal gesetze-bayern.de, accessed October 2026.
Last updated: October 2026. This guide is general information, not individual advice.
