Asylum Seekers Power Law

Original Language Title: Asylbewerberleistungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/asylblg/BJNR107410993.html

Asylum seekers power law (pursuant) pursuant Ausfertigung date: 30.06.1993 full quotation: "asylum seekers power law as amended by the notice of 5 August 1997 (BGBl. I S. 2022), most recently by article 3 of the law of December 23, 2014 (BGBl. I S. 2439) is changed" stand: Neugefasst by BEK. v. 5.8.1997 I 2022;
 
As last amended by art. 3 G v. 23.12.2014 I 2439 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.11.1993 +++) the G as article 1 d. G v. 30.6.1993 I 1074 (AsylbLNG) by the German Bundestag, with the consent of the Federal Council decided. Article 3 of this G on the 1.11.1993 to enter into force.

§ 1 beneficiaries (1) Leistungsberechtigt according to this law are foreigners who are actually in the Federal territory and the 1. possess a residence permit according to the law on asylum procedures, 2. an airport wishing to enter and not or not yet permitted the entry which is, a have a residence permit 3.) because of the war in their homeland according to § 23 paragraph 1 or article 24 of the residence law, b) according to § 25 paragraph 4 sentence 1 of the residence Act or c) according to § 25 paragraph 5 of the residence Act , provided that the decision on the suspension of their deportation is not yet 18 months, 4 have a toleration according to section 60a of the residence Act, 5. requires executable exit, even if a threat of deportation is not yet or no longer executable, spouse, life partner or children of the persons mentioned in paragraphs 1 to 5 are 6, unless they themselves meet the conditions there laid down , or 7 make a subsequent application under section 71 of the asylum procedure act or a confirmatory request according to article 71a of the asylum procedure act.
(2) the foreigners referred to in paragraph 1 are them an other residence permit for the time, for the as she referred to residence permit with a total duration of more than six months has been granted no. 3 in paragraph 1, entitled not under this Act.
(3) the right to performance ends with the departure, or at the end of the month, in which 1 which eliminates performance requirement 2. has the Federal Office for migration and refugees recognized as entitled to asylum the foreigners or the Federal Office is committed to the recognition of a court, even if the decision is not yet final.

§ 1a claim limitation beneficiaries according to § 1 paragraph 1 number 4 and 5 and beneficiaries after § 1 paragraph 1 point 6, as far as it involves family members which is number 4 and 5 persons referred in article 1, paragraph 1, that this law have beta 1 in the scope, services under this Act to obtain, or 2. where they themselves due to reasons measures terminating a residence may not be consummated , services received under this law only insofar as this is absolutely necessary in each individual case according to the circumstances.

Article 2 Notwithstanding is the twelfth book of the social code services in special cases (1) sections 3 to 7 those beneficiaries according to apply, which are for 15 months without a significant break in the Federal territory and have not quite abusive even influenced the length of stay.
(2) in the case of accommodation of beneficiaries referred to in paragraph 1 in a shared accommodation, the competent authority determines the shape of the performance due to the local circumstances.
(3) minor children who live with their parents or a parent in a domestic community, receive benefits under paragraph 1 if at least one parent in the household community receives benefits referred to in paragraph 1.

§ 3 basic services (1) the necessary need for nutrition, housing, heating, clothing, health care and use, and consumer goods of the budget is covered by contributions in kind when an accommodation in reception centres within the meaning of section 44 of the asylum procedure act. Clothing is not paid, so she may be granted in the form of vouchers or other similar non-cash settlements. Commodities of the budget can be provided on loan. In addition beneficiaries will receive a sum of money to meet personal needs of daily life (cash required) per month. The need for cash is 83 euro, 5. beneficiaries children from the beginning of the seventh until the age of 14 years 90 EUR for 1 single beneficiaries 140 euro, 2. two adult beneficiaries, which result in a common household, 126 euros each as a partner, 3. more adult beneficiaries without own budget 111 euro, 4. other youthful beneficiaries from the beginning of the 15th and until the age of 18 , 6-beneficiaries children up to the completion of the sixth year of life 82 euros.
The individual cash requirement for beneficiaries in detention - or pre-trial detention is set by the competent authority if the need is wholly or partially otherwise covered.
(2) in the case of an accommodation outside of reception facilities within the meaning of section 44 of the asylum procedure Act 4 are subject to the set to grant cash benefits to cover the necessary requirements set 1 as a priority pursuant to paragraph 1. The required amounts each month for 1 single beneficiaries 212 euros, 2. two adult beneficiaries, which result in a common household, as partner 190 euro, 3. more adult beneficiaries without own budget 170 euro, 4. other youthful beneficiaries from the beginning of the 15th and until the age of 18 194 euros, 5. beneficiaries children from the beginning of the seventh up to the completion of the 14th year 154 euro , 6-beneficiaries children up to the completion of the sixth year 130 euro.
Instead of cash benefits services in form, shall be eligible insofar as it is necessary according to the circumstances, to meet the necessary needs of non-cash settlements, vouchers or in-kind contributions. The need for accommodation, heating and furniture will be provided separately as cash or in kind. Paragraph 1 is set 3 to 6 apply mutatis mutandis.
(3) the requirements for education and participation in social and cultural life in the community be considered separately in children, adolescents and young adults in addition to benefits under paragraph 1 or paragraph 2 according to §§ 34, 34a and 34B of the twelfth book of the social code.
(4) the need for cash referred to in paragraph 1 sentence 5 and 6 as well as the required pursuant to paragraph 2 are set 2 to 1 January of the year according to the rate of change according to § 28a of book XII of social law in connection with the regulation updated pursuant to § 40 sentence 1 number 1 of the twelfth book of the social code. The resulting amounts are to complete each until less than 0.50 euros, as well as to round up from 0.50 euros. The Federal Ministry of labour and Social Affairs announces the amount of requirements which are relevant for the following calendar year, at the latest until November 1st of the calendar year in the Federal Law Gazette.
(5) the results of a nationwide new income and consumption sample are available, the amount of the cash needs and the amount of necessary requirements be set newly.
(6) services in money or money's worth to be handed the beneficiaries or an adult authorised Member of the household personally.
Footnote (+++ Note: the amounts referred to in paragraph 1 sentence 5 and paragraph 2 sentence 2 I arise for the time from the 1.3.2015 from BEK. v. 16.1.2015 25 +++) § 4 sickness, pregnancy and birth (1) for the treatment of acute diseases and pain are the necessary medical and dental treatment including the supply with medicines and means of Association and other recovery, to provide necessary services to improving or alleviating illnesses or disease consequences. A supply of dentures occurs only if this is delayed in some cases due to medical reasons.
(2) medical and nursing help and care, midwife aid, to provide medicines, dressings and remedies are expectant mothers and nursing mothers.
(3) the competent authority ensures the medical and dental care, including the officially recommended immunizations and offered medical checkups. As far as the services are accepted by physicians or dentists, the remuneration depends on the agreements on the place of establishment of the medical practitioner or dental practitioner according to § 72 para 2 of the fifth book of the social code. The competent authority determines which contract shall apply.

§ To be made in particular for the maintenance and operation of the institution to provide employment opportunities 5 employment opportunities (1) in reception centres within the meaning of section 44 of the asylum procedure act and comparable institutions;. the deployment of these work occasions shall be without prejudice to the obligation of beneficiaries to do activities of self-sufficiency. In addition employment opportunities should be provided as far as possible in State, municipal and non-profit institutions, unless the work to be not otherwise, not to this extent or not at this time would be done.
(2) for the work to be pursuant to paragraph 1 sentence 1 first half-sentence and paragraph 1 will set 2 paid an allowance for expenses of 1.05 euros per hour.
(3) the work opportunity is temporally and spatially as a way that she in a reasonable way and at least by the hour can be exercised.
(4) working, non-working beneficiaries, which are no longer in school age are obliged to carry out a work opportunity that is provided. In the unfounded rejection of such activity, there is no entitlement under this Act on services. The beneficiaries is to teach before.
(5) an employment relationship within the meaning of the work and an employment relationship within the meaning of the statutory health and pension insurance are not justified. § 61 para 1 of the asylum procedure act and asylum and legal requirements on the banning and restricting employment do not preclude the paragraphs 1 to 4 of activity after. The rules on occupational safety and health, as well as the principles of the limitation of liability of workers find appropriate application.

§ 6 other services (1) other benefits may be granted in particular if they are essential, offered to meet special needs of children, or necessary for the performance of an administrative duty to cooperate in individual cases to ensure the livelihood and health. Services are as kind to grant in particular circumstances as a cash benefit.
(2) such as unaccompanied minors or persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence, is the required medical persons who have a residence permit in accordance with section 24 (1) of the residence Act and who have special needs, or other assistance. 

Section 6a of the reimbursement of expenses of others has someone in an Eilfall provided an other services that would have been impossible to prove 4 and 6 when timely benefits under sections 3, to refund the expenses in available extent, if he has to wear them not on the basis of legal or moral obligation to itself. This only applies if the refund is requested within a reasonable period of time to the competent institution of the asylum seeker performance Act.

§ 6 is to apply the twelfth book social code according to § 18 b insert the services to determine the timing of onset of the services according to the articles 3, 4 and 6.

§ 7 income and assets are (1) income and assets that can be has, by the beneficiary and his family members living in the same household to use prior to the introduction of services under this Act. section 20 of the twelfth book of the social code is appropriate. At placing in a facility in which benefits are provided, beneficiaries have, as far as income and assets within the meaning of sentence 1 are available for received services to reimburse the cost of equivalent amount of benefits referred to in article 3, paragraph 2, sentence 2, as well as the cost of accommodation and heating the cost object for themselves and their family members; for the cost of accommodation and heating, the countries can set fixed prices or authorize the competent authority to do so.
(2) not to take account of income referred to in paragraph 1 are: 1 services pursuant to this Act, 2. a basic pension after the Federal and according to the laws which provide for an appropriate application of the Bundesversorgungsgesetzes, 3. a pension or aid to the federal compensation law for damage to life, body or health up to the amount of comparable basic pension after the Federal, 4. a compensation , because of damage, which is non-pecuniary damage, according to article 253, paragraph 2 of the civil code is done, and 5 an allowance according to § 5 paragraph 2. remain (3) income from gainful employment in application of paragraph 1 in the amount of 25 per cent out of account, up to a maximum in the amount of 50 per cent relevant demand level of cash requirements according to article 3 paragraph 1 and of the necessary requirements according to § 3, paragraph 2 , in conjunction with § 3 paragraph 4. The income referred to in paragraph 1 sentence 1 are also off 1 income which paid taxes, 2. compulsory contributions to the social security system including the contributions to the employment promotion, 3. posts to public or private insurance or similar bodies, and 4. insofar as these contributions are mandatory, with the obtaining of income-related necessary expenses.
(4) has a performance justified a claim against another, the competent authority can direct over the claim in corresponding application of § 93 of the twelfth book social law to.
(5) of the assets referred to in paragraph 1 sentence 1 is for the beneficiaries and the members of his family, who live in the same household, each a tax allowance in the amount of 200 euros to sell. In the application of paragraph 1 are also assets out of account, which are indispensable to the recording or continuing vocational training or employment.

§ 7a safety performance of beneficiaries may be required security because of the benefits to be granted to them and their family members under this Act, as far as assets within the meaning of section 7, subsection 1, sentence 1 exists. The arrangement of the security deposit can be done without previous enforcement threat of means of direct coercion.

§ 7 b refund by way of derogation from § 50 of the tenth book of the social code are 56 per cent of the cost of accommodation, with the exception of the costs for heating and hot water supply, not to reimburse considered in performance according to paragraphs 2 and 3. Sentence 1 shall not apply in the case of § 45 para 2 sentence 3 of the tenth book of the social code in addition to the performance according to paragraphs 2 and 3 at the same time housing benefit has been done under the housing benefit Act or when no living space within the meaning of section 2 of the Housing Act is inhabited.

§ 8 benefits of obligations third (1) benefits under this Act are not granted insofar as the required living expenses is covered elsewhere, in particular on the basis of an obligation according to § 68 para 1 sentence 1 of the residence Act. An obligation according to § 68 para 1 sentence 1 of the residence Act, the competent authority takes over the costs of services in the event of illness, disability and long-term care except as provided by State law.
(2) persons, the six months or longer an obligation according to § 68 para 1 sentence 1 of the stay Act compared to the one in article 1, paragraph 1 referred person met a monthly subsidy up to twice the amount according to § 3 paragraph 1 sentence 4 can be granted if exceptional circumstances in the person of the debtor justify the use of public funds.

§ 8a reporting obligation beneficiaries who take on an employed or self-employed activity, have to report it no later than on the third day after recording the activity of the competent authority.

§ 9 relationship with other provisions (1) beneficiaries receive no benefits after the twelfth book of the social code or similar state laws.
(2) services of others, particularly breadwinners classes not less, the institution of social services or the countries in accordance with their obligation according to § 44 para 1 of the asylum procedure Act are not affected by this law.
(3) sections 60 to 67 of the first book the social law on the participation of the beneficiaries are to be applied accordingly.
(4) the following provisions of the tenth book of the social code shall apply accordingly: 1. the sections 44 to 50 about withdrawals, the cancellation and the cancellation of an administrative act and the reimbursement of wrongly supplied services, 2 of § 99 concerning the obligation to supply information by family members, dependent or other persons, and 3. the sections 102 to 114 over claims for reimbursement for service providers with each other.
Article 44 paragraph 4 sentence 1 of the tenth book of the social code shall apply with the proviso that a period of a year takes the place of the four-year period.
(5) section 118 of the twelfth book of social security code and you are adopted regulations on the basis of § 120 para 1 of the twelfth book of the social code or of article 117 of the Federal Social Assistance Act apply mutatis mutandis.

§ 10 provisions by provincial governments provincial governments or the them commissioned by Supreme Land authorities determine the authorities responsible for the implementation of this law and cost objects and can set for more information on the procedure, as far as this is not regulated by State law. The specific authorities and cost can transfer 1 tasks and sponsorship of the cost due to closer determination in accordance with set to other authorities.

Article 10a territorial jurisdiction (1) for the services pursuant to this Act is jurisdiction the authority determined by section 10, in whose scope the beneficiaries on the basis of the decision of the central distribution point designated by the Ministry of the Interior has been distributed or assigned by the authorities in the country. In addition, the authority is responsible, in whose scope the beneficiaries actually resides. This responsibility continues even until the end of the performance, if performance is ensured by the competent authority outside their range.
(2) for services in facilities that serve the medical treatment or other measures under this Act, the authority is jurisdiction, in whose scope the beneficiaries has his habitual residence at the time of the shooting or has had in the two months prior to the last. Was when the performance of beneficiaries from an institution within the meaning of sentence 1 in another institution or in other facilities have defected or such a case occurs after the beginning of performance, habitual residence, which was decisive for the first institution, is crucial. Clearly, at the latest within a period of four weeks, whether and where the habitual residence was founded pursuant to sentences 1 and 2, or exists in an Eilfall, which has referred to in paragraph 1 to decide authority immediately about the performance and for the time being to enter. Sentences 1 to 3 shall apply also for services to persons who reside in institutions for the enforcement of judicial arranged his detention or have stopped.
(3) the place where you are may be going, which reveal that he not only temporary stays in this place or in the area considered habitual residence within the meaning of this Act. As a habitual residence is also from the outset a temporally contiguous stay of at least six months duration to look at; short-term interruptions shall be disregarded. Sentence 2 shall not apply if the stay for the purpose of the visit, recreation, the spa or similar private purposes only and takes no longer than a year. Is referred to in paragraph 1 sentence 1 someone shared or assigned to, this area is regarded as his habitual residence. A newborn child is the habitual residence of the mother.

§ The after section 10a, paragraph 2, sentence 1 competent authority has 10 b reimbursement of expenses between the service providers (1) the authority, has to provide the performance according to Article 10a, paragraph 2, sentence 3, reimburse the incurred costs.
(2) the beneficiaries leaves in the cases of section 10a, paragraph 2, and he needs in the area of the authority, in which the establishment is located, within one month after a power under this Act, the incurred costs of the authority are this authority to reimburse, in whose scope the beneficiaries was habitually resident within the meaning of section 10a subsection 2 sentence 1.
(3) (lapsed) § 11 supplementary provisions (1) In the framework of services under this Act is on the services of existing feedback - and wide resettlement programmes, granted to beneficiaries to point out; in appropriate cases, is to work for a participating in such programs.
(2) the authority responsible for the actual whereabouts may help in the parts of the Federal Republic of Germany, where they are an asylum or immigration spatial restriction contrary to, just absolutely offered according to the circumstances beneficiaries.
(3) the competent authority checks the persons, services related according to this law, to match their present data with the foreigners authority over these people present data. She must 1 name, first name (name), date of birth, birthplace, nationality, gender, marital status, address, residence status and periods of residence of such persons for review pursuant to sentence as well as the commitments for these persons the residence Act of the competent foreigners authority forward section 68. The Immigration Office leads the matching data with the transmitted pursuant to sentence 2 and the competent authority of the results of the comparison. The competent authority also changes of the data referred to in sentence 2 of the Immigration Office. The checks can also regularly perform in the way of automated reconciliation.

§ 12 asylum seekers performance statistics (1) to assess the impact of this law and its further development be surveys of 1 the recipient a) services in special cases (§ 2), b) of basic services (§ 3), c) only other benefits (articles 4-6), 2. the revenue and expenditure under this act as Federal statistics carried out by.
(2) data collection characteristics are 1 the surveys referred to in paragraph 1 No. 1 letter a and b a) for each recipient: gender; Birth month and year; Nationality; stay legal status; Position to the head of the household;
(b) Additionally according to § 2 for beneficiaries: Nature and form of the services;
(c) in addition for beneficiaries according to § 3: Form the basic performance;
(d) for households and for individual recipients of services: residential community and part of the municipality; Type of vehicle; Type of accommodation; Beginning of benefit per month and year; Nature and amount of the income and assets;
e) (cancelled) f) (cancelled) g) surveys at the end of the year in addition to the features referred to in points (a) to (d): kind and form other services under this Act in the course and at the end of the reporting year; Participation in the labour market;
2. in the surveys referred to in paragraph 1 No. 1 letter c for each recipient: gender; Birth month and year; Nationality; stay legal status; Nature and form of performance during and at the end of the reporting year; Position to the head of the household; Residential community and part of the municipality; Type of vehicle; Type of accommodation;
2A. (dropped out) 3. the survey referred to in paragraph 1 No. 2: type of vehicle; Expenditure by type and shape the services and accommodation form; Income by type of income and accommodation form.
(3) input characteristics are 1 the name and address of the party, 2. the survey referred to in paragraph 2 No. 1 the identification numbers of the beneficiaries, 3. name and phone number of the person for any queries about available.
The identification numbers are used pursuant to sentence 1 No. 2 assessing the accuracy of the statistics and the update of the most recent survey. They contain no information about the personal and factual circumstances of the recipient and are at the earliest possible date to delete not later than upon completion of the recurrent survey.
(4) the surveys are annually, for the first time for the year 1994 referred to in paragraph 2 perform. The information for the survey a) after paragraph 2 No. 1 a are letter to d and g (survey) as of December 31, in 1994 in addition to January 1, b) (repealed) c) (repealed) d) referred to in paragraph 2 No. 2 and 3 are to provide for the previous calendar year.
(5) for the surveys is accountability. The information pursuant to paragraph 3 sentence 1 No. 3 as well as to the part of the Community referred to in paragraph 2 No. 1 (d) and paragraph 2 are voluntary no. 2. The bodies responsible for the implementation of this Act are required to report.
(6) the results of the asylum seeker performance statistics may be published based on the individual community.

§ 13 penalty provisions (1) any person is who intentionally or negligently not, incorrectly, incompletely or not timely reimbursed a message contrary to paragraph 8a.
(2) the offence can be punished with a fine up to five thousand euros.

§ 14 transitional provision for the one-time update of payment rates in the year 2015 that amounts referred to in article 3, paragraph 1, sentence 5 and paragraph 2 sentence 2 will be according to the rate of change to § 28a of book XII of social law in connection with the regulation according to § 40 sentence 1 number 1 of book XII social law for the year 2015 updated. The Federal Ministry of labour and Social Affairs is pleased to announce the updated amounts in the Federal Law Gazette.