Asylum Seekers Power Law

Original Language Title: Asylbewerberleistungsgesetz

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Asylum Seeker Performance Act (Asylum BLG)

Non-official table of contents

Asylum BLG

Date of departure: 30.06.1993

Full quote:

"Asylum seeker performance law in the version of the notice of the 5th Announcement of the 5th International Application for asylum seekers". August 1997 (BGBl. 2022), as last amended by Article 3 of the Law of 23. December 2014 (BGBl. I p. 2439) "

:Recaught by Bek. v. 5.8.1997 I 2022;
Last modified by Art. 3 G v. 23.12.2014 I 2439

For details see the menu under Notes

Footnote

(+ + + Text evidence from: 1.11.1993 + + +)

The G was referred to as Article 1 (d). G v. 30.6.1993 I 1074 (AsylbLNG) approved by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 3 of this Regulation shall enter into force on 1 November 1993. Non-official table of contents

§ 1 entitled to benefit

(1) Foreigners who are actually in the federal territory are entitled to benefit under this law and
1.
a stay in accordance with the Asylum Procedures Act ,
2.
do not want to enter or are not allowed to enter,
3.
3.
have a residence permit
a)
because of the war in your home country according to § 23 Paragraph 1 or § 24 of the Residence Act,
b)
according to § 25 (4), first sentence, of the Residence Act, or
c)
pursuant to Section 25 (5) of the Residence Act, provided that the decision to suspend their deportation is not yet 18 Months ago
4.
have a Duldung according to § 60a of the Residence Act,
5.
fully enforceable, even if a deportation threat is not yet or no longer enforceable,
6.
Spouse, life partner or minor children of the persons mentioned in the numbers 1 to 5, without fulfilling the conditions set out in these numbers, or
7.
submit a subsequent application in accordance with § 71 of the Asylum Procedures Act or a confirrial application in accordance with § 71a of the Asylum Procedures Act.
(2) The following application is referred to in paragraph 1 for the period for which a residence permit other than the residence permit referred to in paragraph 1 (3) has been issued to them for a total period of more than six months, shall not be subject to the provisions of this Act: power-authorized.(3) The performance entitlement ends with the departure or expiration of the month in which
1.
Office for Migration and Refugees (Bundesamt für Migration und Refugee) recognises the foreigner as an asylum seeker or a court has the Federal Office for the Recognition required, even if the decision is not yet unquestionable.
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§ 1a 

1 (1) (4) and (5) and persons entitled to benefit according to § 1 (1) (6), insofar as they are family members of the persons referred to in § 1 (1) (4) and (5),
1.
which have gone into the scope of this law to provide benefits under this law , or
2.
cannot perform any of the measures to be taken by yourself for reasons of residence,
will receive benefits after This law shall only be provided in an individual case in accordance with the circumstances of the case. Non-official table of contents

§ 2 Benefits in special cases

(1) By way of derogation from § § 3 to 7, the Twelfth Book of Social Code is to be found on the to apply those who have been in the territory of the Federal Republic of Germany for 15 months without any substantial interruption and who do not have an abusive influence on the duration of the stay.(2) In the case of the accommodation of beneficiaries referred to in paragraph 1 in a Community accommodation, the competent authority shall determine the form of the performance on the basis of local circumstances.Children who are minors who live with their parents or a parent in a household community shall receive benefits under paragraph 1 even if at least one parent receives benefits in accordance with paragraph 1 in the household. Non-official table of contents

§ 3 Basic benefits

(1) The need for nutrition, accommodation, heating, clothing, health care, and In the case of accommodation in reception facilities within the meaning of section 44 of the Asylum Procedures Act, the household's use and consumer goods are covered by benefits in kind. If clothing cannot be provided, it may be granted in the form of vouchers or other comparable incomparable accounts. Household consumer goods can be made available on loan. In addition, beneficiaries receive a monthly amount of money to meet the personal needs of daily life (cash requirements). The cash requirement is
1.
eligible beneficiaries 140 euros,
2.
two adult beneficiaries who share a common household as partners, 126 euros each,
3.
other adult beneficiaries without own household each 111 euros,
4.
other youthful adults Beneficiaries from the beginning of the 15th and up to the completion of the 18. Life Year 83 Euro,
5.
Children entitled to benefit from the beginning of the seventh to the completion of the 14. Life Year 90 Euro,
6.
eligible children up to the completion of the sixth year of life 82 Euro.
The individual cash requirements for deportation or repatriation of the child The competent authority shall lay down the competent authority if the need is fully or partially covered by the competent authority.(2) In the case of accommodation outside reception facilities within the meaning of § 44 of the Asylum Procedures Act, the priority shall be to provide cash benefits to cover the necessary requirements referred to in the first sentence of paragraph 1, subject to the provisions of the fourth sentence. The necessary needs are monthly for
1.
All-in-one entitled 212 Euro,
2.
two adult beneficiaries who, as partners, lead a common household, each 190 euros,
3.
other adult beneficiaries without own household for 170 euros each,
4.
other youthful Beneficiaries from the beginning of the 15th and up to the completion of the 18. Life Year 194 Euro,
5.
Children entitled to benefit from the beginning of the seventh to the completion of the 14th. Year of life 154 Euro,
6.
eligible children up to the completion of the sixth year of life 130 Euro.
Instead of the cash benefits, as far as the amount of cash benefits can be It may be necessary to provide services in the form of non-cash accounts, vouchers or benefits in kind to cover the necessary needs. The need for accommodation, heating and household goods is provided separately as cash or in kind. The provisions of the third sentence of paragraph 1 shall apply accordingly.(3) Requirements for education and participation in social and cultural life in the Community shall be carried out in the case of children, young people and young adults, in addition to the benefits referred to in paragraph 1 or paragraph 2, in accordance with § § 34, 34a and 34b of the Twelfth Book The Social Code is considered separately.(4) The cash requirements referred to in the fifth and sixth sentences of paragraph 1 and the necessary requirements referred to in the second sentence of paragraph 2 shall each be 1. January of a year in accordance with the rate of change according to § 28a of the Twelfth Book of the Social Code in conjunction with the regulation pursuant to § 40 sentence 1, point 1 of the Twelfth Book of Social Code. The resulting amounts are to be rounded up to less than EUR 0.50 and to be rounded up by EUR 0.50. The Federal Ministry of Labour and Social Affairs is giving up to 1. November of a calendar year, the level of the requirements, which are relevant for the following calendar year, is known in the Federal Law Gazans.(5) The results of a nationwide new income and consumption sample shall be redefined, the amount of the cash requirement and the amount of the necessary needs shall be reestablished.(6) Benefits in money or money shall be personally handed to the person entitled to benefit or to a full-year authorized member of the household.

footnote

(+ + + Note: the amounts referred to in the first sentence of paragraph 1 and the second sentence of paragraph 2 shall be given) from Bek for the period from 1.3.2015 onwards. v. 16.1.2015 I 25 + + +) Non-official table of contents

§ 4 Benefits in the event of illness, pregnancy and birth

(1) For the treatment of acute diseases, and Conditions of pain are the necessary medical and dental treatment, including the care of medicinal products and bandage agents, as well as other means of recovery, improvement or alleviation of diseases or disease sequences. Benefits shall be granted. A dental prosthesis is provided only if this is not possible for medical reasons in individual cases.(2) Werding mothers and women who have recently given birth shall be provided with medical and nursing assistance and care, midwifery aid, medicinal products, association and cures.(3) The competent authority shall ensure medical and dental care, including the officially recommended vaccinations and medically appropriate screening tests. In so far as the services are performed by registered doctors or dentists, the remuneration shall be based on the contracts in force at the place of establishment of the physician or dentist pursuant to § 72 (2) of the Fifth Book of Social Code. The competent authority shall determine which contract shall apply. Non-official table of contents

§ 5 Work matters

(1) In reception facilities within the meaning of § 44 of the Asylum Procedure Act and in comparable Facilities shall be made available to employment opportunities, in particular for the maintenance and operation of the institution, without prejudice to the provision of such matters, without prejudice to the obligation of the persons entitled to benefit, Activities of self-sufficieny. In addition, as far as possible, employment opportunities should be made available at state, municipal and non-profit institutions, provided that the work to be carried out does not otherwise, not to this extent, or not at that time will be done.(2) An allowance of EUR 1.05 per hour shall be paid for the work to be carried out in accordance with the first sentence of the first sentence of paragraph 1 and the second sentence of paragraph 1, second sentence.(3) The work opportunity shall be temporally and spatially such that it can be exercised in a reasonable manner and at least by an hour.(4) Working persons who are unable to work and who are no longer in the school age are obliged to exercise a work opportunity provided. If there is an unfounded rejection of such an activity, there is no entitlement to benefits under this Act. The person entitled to benefit must be lecturing accordingly beforehand.(5) An employment relationship in the sense of labour law and an employment relationship in the sense of statutory health and pension insurance are not justified. Article 61 (1) of the Asylum Procedures Act, as well as obligations relating to the prohibition and restriction of gainful employment, shall not preclude any activity pursuant to paragraphs 1 to 4. The rules on occupational health and safety, as well as the principles of the restriction of the liability of workers, are applicable. Non-official table of contents

§ 6 Other services

(1) Other benefits may be granted in particular if they are to be secured on a case-by-case basis of a livelihood or of health, necessary to meet the special needs of children or required to comply with administrative obligations. The benefits are to be granted in kind, in case of special circumstances as a cash benefit.(2) Persons who have a residence permit in accordance with Article 24 (1) of the Residence Act and who have special needs, such as unaccompanied minors or persons who have been subjected to torture, rape or other serious forms. mental, physical or sexual violence, the necessary medical or other assistance is provided.  Non-official table of contents

§ 6a Repayment of expenses of others.

In an event, someone has provided another service that has been shall not have been to be provided in the timely manner in accordance with § § 3, 4 and 6, the expenses shall be reimbursed to him in an appropriate amount if he does not have to bear them on the basis of legal or moral duty himself. This shall only apply if the refund is requested within a reasonable period of time to the competent institution of the Asylum Seekers Benefits Act. Non-official table of contents

§ 6b Use of benefits

To determine the date of insertion of the benefits in accordance with § § 3, 4 and 6, § 18 of the Twelfth Book of the Social Code. Non-official table of contents

§ 7 Income and assets

(1) Income and assets that can be provided are from the benefit authorized and to the members of his family, who live in the same household, before the entry of benefits under this law. § 20 of the Twelfth Book of the Social Code is applicable. In the case of accommodation in a facility in which benefits in kind are granted, persons entitled to benefit, in so far as income and property within the meaning of the first sentence are present, shall have the bearer for themselves and their benefits in respect of the benefits received. Members of the family shall reimburse the costs at the appropriate level of the benefits referred to in the second sentence of section 3 (2) and the costs of accommodation and heating; for the costs of accommodation and heating, the Länder may fix lump sums or the costs of accommodation and heating competent authority.(2) Not to be considered as income in accordance with paragraph 1:
1.
Benefits after this Law,
2.
a basic pension according to the Federal Supply Act and according to the laws that apply a corresponding application of the Federal Supply Act ,
3.
a pension or aid under the Federal Compensation Act for damage to life as well as to the body or health up to the level of the comparable basic pension according to the Federal Supply Act,
4.
a compensation that is due to a damage that is not property damage, according to § 253 (2) of the Civil Code , and
5.
an allowance in accordance with § 5 (2).
(3) Income from gainful employment shall remain at the level of 25 from the application of paragraph 1 of this Article. 100 shall not be considered, but not more than 50 per cent of the relevant demand level of the cash requirement in accordance with Article 3 (1) and the necessary requirements in accordance with § 3 (2), in each case in conjunction with Section 3 (4). In addition, the income referred to in the first sentence of paragraph 1 shall be deducted from the income of
1.
paid on income Taxes,
2.
compulsory social security contributions, including contributions to work promotion,
3.
Contributions to public or private insurance or similar institutions where these contributions are required by law, and
4.
the necessary expenditure associated with obtaining income.
(4) If a benefit is entitled to another person, the competent authority may: Claim in the appropriate application of § 93 of the Twelfth Book of the Social Code on its own.(5) The assets referred to in the first sentence of paragraph 1 shall be subject to an allowance of EUR 200 for the person entitled to benefit and the members of his family who are living in the same household. For the purposes of applying paragraph 1, assets which are indispensable for taking up or continuing vocational training or gainful employment shall also be disregarded. Non-official table of contents

§ 7a Security performance

Of eligible beneficiaries can be granted because of the benefits granted to them and their family members. Benefits under this law are required to the extent that assets within the meaning of Section 7 (1) sentence 1 are present. The arrangement of the security can be carried out without prior warning of enforcement by means of direct force. Non-official table of contents

§ 7b Refunding

By way of derogation from § 50 of the Tenth Book of Social Code, 56 out of the hundred of the book are in accordance with the § § 2 and 3 shall not reimburse costs for accommodation, with the exception of the costs of heating and hot water supply. Sentence 1 shall not apply in the case of Section 45 (2) sentence 3 of the Tenth Book of Social Code or if, in addition to the performance in accordance with § § 2 and 3, housing benefit has been provided in accordance with the Housing Money Act or if no housing within the meaning of § 2 of the Housing money law is inhabited. Non-official table of contents

§ 8 Benefits of third party obligation

(1) Benefits under this Act are not granted to the extent that the required Living expenses are covered in other ways, in particular on the basis of an obligation pursuant to Section 68 (1) sentence 1 of the Residence Act. If there is an obligation pursuant to section 68 (1) sentence 1 of the Residence Act, the competent authority shall bear the costs of sickness benefits, disability and need for care, provided that this is provided for by national law.(2) Persons who have fulfilled an obligation under Section 68 (1) sentence 1 of the Residence Act with respect to a person referred to in Article 1 (1) of the Residence Act for six months or longer may, in accordance with § 3 (1) sentence 4, have a monthly grant up to the double of the amount , where exceptional circumstances in the person of the pledge justify the use of public funds. Non-official table of contents

§ 8a Reporting obligation

Beneficiaries who take up an employed or self-employed activity shall have the following information: by the third day at the latest after the employment of the competent authority has been taken up. Non-official table of contents

§ 9 Relationship with other regulations

(1) Beneficiaries do not receive benefits after the twelfth book Social code or similar national laws.(2) Services of other, particularly dependent persons, the institution of social security benefits or the countries within the scope of their obligation under § 44 (1) of the Asylum Procedures Act shall not be affected by this Act.(3) § § 60 to 67 of the First Book of the Social Code on the participation of the person entitled to benefit must be applied accordingly.(4) The following provisions of the Tenth Book of Social Code shall apply accordingly:
1.
the § § 44 up to 50 on the withdrawal, revocation and cancellation of an administrative act and on the reimbursement of injustiable services,
2.
§ 99 on the Obligation to provide information for relatives, dependants or other persons, and
3.
§ § 102 to 114 on the reimbursement claims of the service providers
§ 44 (4), first sentence, of the Tenth Book of the Social Code shall apply with the proviso that the period of four years shall be replaced by a period of one year.(5) § 118 of the Twelfth Book of Social Code as well as the legal regulations issued pursuant to Section 120 (1) of the Twelfth Book of Social Law or Section 117 of the Federal Social Assistance Act shall apply accordingly. Non-official table of contents

§ 10 Provisions by State Governments

The state governments or the supreme state authorities that are responsible for their actions determine the authorities and cost carriers responsible for the implementation of this law and may determine details of the procedure, as far as this is not regulated by the Land Law. The designated competent authorities and cost-holders may, on the basis of the detailed provisions referred to in the first sentence, transfer tasks and cost carriers to other authorities. Non-official table of contents

§ 10a Local jurisdiction

(1) The services provided for under this Act are those specified in § 10. Authority in whose area the person entitled to benefit has been distributed or assigned by the competent authority in the country on the basis of the decision of the central distribution centre designated by the Federal Ministry of the Interior. Moreover, the authority in whose area the person entitled to benefit is actually responsible is responsible. This competence shall continue to exist until completion of the service, even if the performance is ensured by the competent authority outside its scope.(2) In the case of services provided in establishments which are in accordance with the provisions of this Act, the competent authority shall have a local authority in the area of which the person entitled to benefit has his habitual residence at the time of the recording. or in the two months prior to the recording last. If, in the event of the performance of the benefit of the persons entitled to benefit from a body within the meaning of the first sentence, the person transferred to another institution or from there to other facilities, or if such a case occurs after the commensurate of the performance, the ordinary A stay that was decisive for the first institution is crucial. If, within four weeks at the latest, it is not clear whether and where the habitual residence has been established in accordance with sentences 1 and 2, or if there is an urgent case, the competent authority referred to in paragraph 1 shall decide on the performance without delay. and provisionally to enter. The provisions of sentences 1 to 3 shall also apply to benefits for persons who have been or have been deprivated to deprivation of liberty in the institutions of the courts.(3) A habitual residence within the meaning of this Act shall be deemed to be the place where a person may be present in circumstances which may indicate that he is not only temporarily staying in this place or in this area. An ordinary stay must also be considered from the start of a temporary stay of at least six months duration; short-term interruptions are not taken into account. Sentence 2 shall not apply if the stay is exclusively for the purpose of the visit, the recovery, the cure or similar private purposes and does not last longer than one year. Where the person referred to in the first sentence of paragraph 1 has been distributed or assigned, that area shall be considered to be the habitual residence of the person. For a newborn child, the habitual residence of the mother is decisive. Non-official table of contents

§ 10b Reimbursement of expenses between service providers

(1) The competent authority pursuant to Section 10a (2) sentence 1 has the authority to: which, in accordance with Article 10a (2) sentence 3, has to perform the service, to reimburse the costs incurred.(2) In the cases referred to in § 10a (2) of the persons entitled to benefit, leaving the institution and in the area of the authority in which the institution is situated shall, within a month thereafter, be subject to a performance under this Act, that authority shall be the shall be reimbursed by the authority in whose area the person entitled to benefit had his habitual residence within the meaning of Article 10a (2) sentence 1.(3) (omitted) Non-official table of contents

§ 11 Supplementary provisions

(1) In the context of benefits under this law, the benefits shall be: of existing repatriation and remigration programmes which may be granted to persons entitled to benefit; in appropriate cases, the use of such programmes shall be accompanied by the use of such programmes.(2) Those entitled to benefit may, in the parts of the Federal Republic of Germany in which they are contrary to an asylum or foreign-law territorial restriction, the authority responsible for the actual location of the place of residence only those according to the May provide inadvertably offered help.3. The competent authority shall verify the persons who receive benefits under this Act, in accordance with the data available to them, with the data available to the Foreigners Authority on these persons. It may, for the purpose of verifying the name, first name (name), date of birth, place of birth, nationality, sex, family status, address, residence status and residence time of such persons, and the date on which such persons have been registered, shall be subject to the conditions of the following: Submit obligations under Section 68 of the Residence Act to the competent immigration authority. The immigration authority shall carry out the reconciliation with the data transmitted in accordance with the second sentence, and shall transmit the results of the reconciliation to the competent authority. The immigration authority shall also communicate to the competent authority any changes to the data referred to in sentence 2. The verifications can also be carried out regularly by means of automated data reconciliation. Non-official table of contents

§ 12 Asylum seeker performance statistics

(1) To assess the impact of this law and its further development Surveys on
1.
will be the recipients
a)
of achievements in special cases (§ 2),
b)
of basic services (§ 3),
c)
from only other services (§ § 4 bis 6),
2.
the expenditure and revenue according to this law
as federal statistics.(2) Survey characteristics are
1.
for the surveys referred to in paragraph 1 (1) (a) and (b) (b) style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
for each nominee: gender; birth month and year; nationality; residence status; position on the head of household;
b)
for nominees pursuant to § 2 additional: type and form of benefits;
c)
for nominees according to § 3 additional: form of basic power;
d)
for households and for individual Beneficiaries: residential community and district; type of institution; type of accommodation; start of payment by month and year; type and amount of income and assets used;
e)
(repealed)
f)
(repealed)
g)
in the case of surveys at the end of the year, in addition to the features mentioned under points (a) to (d): the nature and form of other benefits under this Act in the course of and at the end of the Reference year; participation in the working life;
2.
for the surveys referred to in paragraph 1 (1) (c) for each nominee: sex; month of birth and -year; nationality; residence status; type and form of performance in the course of and at the end of the reporting year; position on the head of household; community and community part; type of carrier; type of accommodation;
2a.
(omitted)
3.
for the survey referred to in paragraph 1 (2): type of carrier; expenditure by type and form of Services and accommodation; revenue by type of revenue and form of accommodation.
(3) Auxiliary features are
1.
Name and address of the respondents,
2.
for the surveys referred to in paragraph 2, no. 1, the identification numbers the nominee,
3.
the name and telephone number of the person available for any queries.
The identification numbers set out in the first sentence of the first sentence are used by the Verification of the accuracy of the statistics and the updating of the last survey. They do not contain information on the personal and factual circumstances of the beneficiaries and are to be deleted at the earliest possible date, at the latest after the conclusion of the recurring inventory.(4) The surveys referred to in paragraph 2 shall be carried out annually, for the first time in 1994. The data for the survey
a)
referred to in paragraph 2 (1) (a) to (d) and (g) (stock survey) shall be used for the purposes of: 31. December, in 1994 in addition to the 1. January,
b)
(repealed)
c)
(repealed)
d)
pursuant to paragraph 2, no. 2 and 3, for the previous calendar year
.(5) There is a duty to provide information for the surveys. The information referred to in the first sentence of paragraph 3 and the municipal part referred to in paragraph 2 (1) (d) and (2) (2) shall be voluntary. The authorities responsible for the implementation of this law shall be required to provide information.(6) The results of the asylum application performance statistics may be published in relation to the individual municipality. Non-official table of contents

§ 13 fines specification

(1) Contrary to the law, who intentionally or negligently does not notify § 8a of a report, not right, not fully or not reimbursed in good time.(2) The administrative offence can be punished with a fine of up to five thousand euros. Non-official table of contents

§ 14 Transitional provision for the one-time continuation of cash performance rates in 2015

The amounts in accordance with § 3 paragraph 1 sentence 5 and 2 sentence 2 shall be continued in accordance with the rate of change in accordance with § 28a of the Twelfth Book of the Social Code in conjunction with the Regulation in accordance with § 40 sentence 1, point 1 of the Twelfth Book of the Social Code for 2015. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) announcates these updated amounts in the Federal Law