Asylum seekers 'benefits law (asylum seekers')

Unofficial table of contents

Asylum seekers

Date of completion: 30.06.1993

Full quote:

" Asylbewerberleistungsgesetz, as amended by the Notice of 5 August 1997 (BGBl. I p. 2022), most recently by Article 3 of the Law of 23 December 2014 (BGBl. I p. 2439).

Status:	New by Bek. v. 5.8.1997 I 2022;
	Last amended by Art. 3 G v. 23.12.2014 I 2439

For more details, please refer to 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. Unofficial table of contents

§ 1 beneficiaries

(1) entitlement to benefit under this Act are foreigners who are in fact in the federal territory and who are

1.

have a residence permit in accordance with the Asylum Procedures Act,

2.

are not allowed to enter or are not allowed to enter or not to enter,

3.

have a residence permit

a)

because of the war in their home country pursuant to § 23 (1) or § 24 of the Residence Act,

b)

pursuant to Article 25 (4), first sentence, of the Residence Act,

c)

pursuant to Article 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.

are subject to travel obligations, even if a deportation threat has not yet been completed or is no longer enforceable,

6.

Spouses, life partners or minor children of the persons referred to in points 1 to 5 are without themselves fulfilling the conditions set out therein, or

7.

submit a subsequent application in accordance with § 71 of the Asylum Procedures Act or a confirmation pursuant to Section 71a of the Asylum Procedure Act.

The aliens referred to in paragraph 1 shall not, for the time for which they have a residence permit other than the residence permit referred to in paragraph 1 (3), have been granted a total period of validity of more than six months, shall not be subject to the following conditions: (3) The entitlement to benefit shall end with the departure or the end of the month in which the

1.

the performance requirement is eliminated, or

2.

the Federal Office for Migration and Refugees has recognized the foreigner as an asylum-seeker, or a court has obliged the Federal Office for recognition, even if the decision is not yet unquestionable.

Unofficial table of contents

§ 1a Claims Restriction

Persons entitled to benefit under Article 1 (1) (4) and (5) and persons entitled to benefit in accordance with Article 1 (1) (6), in so far as they are family members of the persons referred to in Article 1 (1) (4) and (5),

1.

who have entered the scope of this law in order to obtain benefits under this law, or

2.

where the measures to be taken on account of their self-justifiable reasons cannot be taken,

Benefits provided under this Act shall only be provided to the extent that this is necessary in individual cases in accordance with the circumstances. Unofficial table of contents

§ 2 Benefits in special cases

(1) By way of derogation from § § 3 to 7, the Twelfth Book of the Social Code shall apply mutatically to those persons entitled to benefit, who have been staying in the Federal territory for 15 months without any substantial interruption and who do not have 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 performance on the basis of the local circumstances. (3) Minors Children who are in a household with their parents or a parent , benefits in accordance with paragraph 1 shall be obtained even if at least one parent receives benefits under paragraph 1 in the budgetary community. Unofficial table of contents

§ 3 Basic benefits

(1) The need for food, accommodation, heating, clothing, health care and household use and consumer goods shall be required for accommodation in reception facilities within the meaning of Section 44 of the Asylum Procedure Act Benefits in kind covered. 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 shall be

1.

single beneficiaries 140 Euro,

2.

two adult beneficiaries who, as partners, have a common household, EUR 126 each,

3.

other adult beneficiaries without own household each 111 Euro,

4.

other young persons entitled to benefit from the start of the 15th and up to the completion of the 18. Life Year 83 Euro,

5.

Eligible children 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 persons entitled to benefit in deportation or custody shall be determined by the competent authority if the need is fully or partly covered by other means. (2) In the case of accommodation outside of Reception facilities within the meaning of § 44 of the Asylum Procedures Act shall, subject to the provisions of the fourth sentence, give priority to cash benefits to cover the necessary requirements referred to in the first sentence of paragraph 1. The necessary needs are monthly for

1.

single beneficiaries, 212 euros,

2.

Two adult beneficiaries who, as partners, have a common household, each 190 euros,

3.

further adult beneficiaries without own household each 170 Euro,

4.

other young persons entitled to benefit from the start of the 15th and up to the completion of the 18. Life Year 194 Euro,

5.

Eligible children from the beginning of the seventh to the completion of the 14. Life Year 154 Euro,

6.

Eligible children up to the completion of the sixth year of life 130 Euro.

In lieu of cash benefits, services in the form of unables, vouchers or benefits in kind may be provided to cover the necessary needs, in so far as it may be necessary in the circumstances. The need for accommodation, heating and household goods is provided separately as cash or in kind. (3) Requirements for education and participation in social and cultural life in the Community shall be applied to children, young people and young adults, in addition to the benefits referred to in paragraph 1 or 2. shall be taken into account separately in accordance with Articles 34, 34a and 34b of the Twelfth Book of the Social Code. (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 be taken as from 1 January of each year in accordance with the Rate of change in accordance with § 28a of the Twelfth Book of the Social Code in conjunction with the Regulation after Section 40, first sentence, point 1 of the Twelfth Book of the 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 (Federal Ministry of Labour and Social Affairs) shall announce in the Federal Law Gazans no later than 1 November of a calendar year the level of the needs which are relevant for the following calendar year. (5) The results of a A nationwide new sample of income and consumption, the amount of cash requirements and the amount of necessary needs are set anew. (6) Benefits in money or money value are to be paid to the person entitled to benefit or to a full year old authorized members of the household personally.

Footnote

(+ + + Note: The amounts referred to in the fifth sentence of paragraph 1 and the second sentence of paragraph 2 shall be taken from Bek for the period from 1 March 2015 to 1 March 2015. v. 16.1.2015 I 25 + + +) Unofficial table of contents

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

(1) For the treatment of acute diseases and pain conditions, the necessary medical and dental treatment, including the care of medicinal products and bandage agents, as well as other medicinal products for recovery, improvement or alleviation of To provide the necessary benefits for diseases or disease sequences. A dental prosthesis is provided only if this is unstoppable on a case-by-case basis for medical reasons. (2) Werding mothers and women who have recently given birth are medical and nursing assistance and care, midwifery aid, medicine, association and cures (3) The competent authority shall ensure medical and dental care, including the officially recommended vaccinations and medical examinations provided for in medical practice. 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. Unofficial table of contents

§ 5 Labour matters

(1) In reception facilities within the meaning of § 44 of the Asylum Procedures Act and in comparable facilities, work matters shall be made available, in particular for the maintenance and operation of the institution; from the The provision of these work opportunities shall remain unaffected by the obligation of the persons entitled to benefit to carry out self-sufficienc activities. 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 (2) For the work to be carried out in accordance with the first sentence of the first paragraph of paragraph 1 and the second sentence of paragraph 1, an allowance of EUR 1.05 per hour shall be paid. (3) The work opportunity shall be designed in such a way as to be temporally and spatially such that: it can be exercised in a reasonable manner and at least for hours. (4) Those who are unable to work and who are no longer in 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 is to be lecturing in advance accordingly. (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. Unofficial table of contents

§ 6 Other services

(1) Other benefits may be granted, in particular, if they are essential in individual cases to ensure the maintenance of a livelihood or health, to meet specific needs of children, or to fulfil an administrative law Obligation to contribute. The services are to be granted in kind, in case of special circumstances as a cash benefit. (2) Persons who have a residence permit pursuant to § 24 (1) of the Residence Act and who have special needs, such as Unaccompanied minors or persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence shall be provided with the necessary medical or other assistance. Unofficial table of contents

§ 6a Repayment of expenses of others

If, in an event of an accident, a person has provided another service which would not have been to be provided in the case of a timely commence of benefits under § § 3, 4 and 6, the expenses shall be reimbursed to him if he does not have to pay them on the basis of of a legal or moral duty to carry on. 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. Unofficial table of contents

§ 6b Use of benefits

§ 18 of the Twelfth Book of Social Code is to be applied in accordance with § § 3, 4 and 6 of the Social Code. Unofficial table of contents

§ 7 Income and assets

(1) Income and assets which may be provided are to be used by the person entitled to benefit and the members of his family who are living 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 Article 3 (2), second sentence, and the costs of accommodation and heating; for the costs of accommodation and heating, the Länder may fix lump sums or competent authority. (2) Do not take into account the income referred to in paragraph 1:

1.

Benefits under this Act,

2.

a basic pension under the Federal Law on Supply and under the laws which provide for a corresponding application of the Federal Supply Act,

3.

a pension or aid under the Federal Compensation Act for the damage to life as well as to the body or health up to the level of the comparable basic pension under the Federal Supply Act,

4.

compensation paid in accordance with Article 253 (2) of the Civil Code on the grounds of damage which is not property damage; and

5.

an allowance for compensation in accordance with Article 5 (2).

(3) In the case of the application of paragraph 1, income from gainful employment shall remain at the level of 25 of the hundred, but not more than 50 of the hundred of the relevant demand level of the cash requirement in accordance with Article 3 (1) and the necessary needs in accordance with Section 3 (2), in conjunction with Section 3 (4). In addition, the income referred to in the first sentence of paragraph 1 shall be deducted

1.

taxes paid on income,

2.

Compulsory social security contributions, including contributions to the promotion of employment,

3.

contributions to public or private insurance or similar bodies, where such contributions are required by law, and

4.

the necessary expenditure to achieve income.

(4) If a person entitled to benefit has a claim against another, the competent authority may transfer the claim on its own in the appropriate application of Section 93 of the Twelfth Book of Social Code. (5) From the assets referred to in the first sentence of paragraph 1, the for the person entitled to benefit and the members of his family who are living in the same household, in each case a free amount of 200 euros. 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. Unofficial table of contents

§ 7a Security performance

Persons entitled to benefit may, on account of the benefits to be granted to them and their family members, be required under this law 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. Unofficial table of contents

Section 7b Refunding

By way of derogation from § 50 of the Tenth Book of the Social Code, 56 out of the hundred of the costs of accommodation according to § § 2 and 3 shall not be reimbursed 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. Unofficial table of contents

§ 8 Benefits for third party obligations

(1) Benefits under this Act shall not be granted to the extent that the required living is otherwise covered, 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 pursuant to § 68 (1) sentence 1 of the Residence Act with respect to a person referred to in § 1 paragraph 1 of the Residence Act can have a monthly grant up to the double of the amount in accordance with § 3 (1) sentence 4 in the event of exceptional circumstances in the person of the pledge. of public funds. Unofficial table of contents

Section 8a Reporting obligation

Persons entitled to benefit from an employed or self-employed activity shall report this to the competent authority no later than the third day following the date on which the activity has been taken up. Unofficial table of contents

§ 9 Relationship with other provisions

(1) beneficiaries do not receive benefits in accordance with the Twelfth Book of Social Code or comparable Land laws. (2) Benefits of other, particularly dependent persons, the institution of social benefits or the countries within the scope of their obligation § 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 shall be applied accordingly. (4) The following provisions of the Tenth The Book of Social Code is to be applied accordingly:

1.

§ § 44 to 50 concerning the withdrawal, revocation and cancellation of an administrative act and the reimbursement of injustiable benefits;

2.

§ 99 of the obligation to provide information for relatives, dependants or other persons; and

3.

§ § 102 to 114 on the reimbursement claims of the service providers among themselves.

§ 44 (4) sentence 1 of the Tenth Book of the Social Code applies 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 the Social Code, as well as those pursuant to Section 120 (1) of the The twelfth book of the Social Code or the legal regulations enacted by § 117 of the Federal Social Welfare Act must be applied accordingly. Unofficial table of contents

§ 10 Provisions by State Governments

The provincial governments or the supreme state authorities responsible for the implementation of this law shall determine the authorities and the cost carriers responsible for the implementation of this law and may lay down details of the procedure, in so far as this is not the case by national law. is regulated. 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. Unofficial table of contents

Section 10a Local competence

(1) The authority responsible for the services provided under this law is the authority determined in accordance with § 10, in the area of which the person entitled to benefit is distributed on the basis of the decision of the central distribution centre designated by the Federal Ministry of the Interior or has been assigned by the competent authority in the country. 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) For the services provided in institutions responsible for the medical treatment or other Measures under this Act shall be the responsibility of the 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. If, in the event of the performance of the benefit of the persons entitled to benefit from a facility within the meaning of the first sentence, the person transferred to another establishment or from there to other facilities, or if such a case occurs after the commensurate of 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 staying in institutions for the execution of judicial deprivation of liberty. (3) As a habitual residence within the meaning of this law, the place where: someone may be in a position to see 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. Unofficial table of contents

Section 10b Reimbursement of costs between the service providers

(1) The competent authority in accordance with Section 10a (2) sentence 1 shall reimburse the expenses incurred by the authority which, pursuant to Article 10a (2) sentence 3, has to provide the service. (2) In the cases of § 10a (2), the competent authority shall leave the institution and the competent authority to the competent authority. In the area of the authority in which the institution is situated, within one month of a performance under this Act, the Authority shall be required to reimburse the costs incurred by the Authority in the area of which the person entitled to benefit is entitled to: habitual residence within the meaning of section 10a (2) sentence 1. (3) (omitted) Unofficial table of contents

§ 11 Supplementary provisions

(1) In the context of benefits under this Act, the benefits of existing repatriation and repatriation programmes which may be granted to persons entitled to benefit shall be indicated; in appropriate cases, recourse to such schemes shall be (2) persons 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 competent authorities responsible for the actual location of residence. (3) The authority must provide only the aid which is necessary in the circumstances. 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 those 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. Unofficial table of contents

§ 12 Asylum seeker performance statistics

(1) In order to assess the impact of this Act and its further development, surveys shall be carried out on:

1.

the recipients

a)

of benefits in special cases (§ 2),

b)

basic services (§ 3),

c)

from exclusively other services (§ § 4 to 6),

2.

expenditure and revenue under this Act

as federal statistics. (2) Survey characteristics are

1.

in the case of the surveys referred to in paragraph 1 (a) and (b)

a)

for each nominee: sex; month of birth and year; nationality; residence status; position on the head of the household;

b)

for beneficiaries in accordance with § 2 in addition: type and form of benefits;

c)

for beneficiaries in accordance with § 3 in addition: the form of the basic service;

d)

for households and for individual beneficiaries: residential community and community part; type of institution; type of accommodation; start of payment by month and year; type and level 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 characteristics referred to in 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.

in the case of 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 benefit in the course of and at the end of the reference year; position on the the head of the household; the municipality and the municipality; the nature of the institution; the type of accommodation;

2a.

(dropped)

3.

in the case of the survey referred to in paragraph 1 (2): the nature of the institution, expenditure in the manner and form of benefits, and the form of accommodation, revenue by type of revenue and accommodation.

(3) Auxiliary characteristics are

1.

the name and address of the person responsible for providing information;

2.

in the case of the surveys referred to in paragraph 2, point 1, the identification numbers of the beneficiaries;

3.

Name and telephone number of the person who is available for any queries.

The identification numbers referred to in the first sentence of the first sentence shall be used to check the accuracy of the statistics and to update the latest collection of the stocks. 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 completion of the recurring inventory. (4) The surveys referred to in paragraph 2 are annually, for the first time for the year 1994. The data for the survey

a)

referred to in paragraph 2 (1) (a) to (d) and (g) (stock survey) as at 31 December, in 1994 in addition to 1 January,

b)

(repealed)

c)

(repealed)

d)

in accordance with paragraph 2 (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) are voluntary. The authorities responsible for the implementation of this law are responsible for providing information. (6) The results of the asylum seeker performance statistics may be published in relation to the individual municipality. Unofficial table of contents

§ 13 Penal provisions

(1) The offence is unlawful, who intentionally or negligently refusing to notify § 8a of a report, not correct, not fully or not reimbursed in good time. (2) The administrative offence can be punished with a fine of up to five thousand euros. Unofficial table of contents

Section 14 Transitional provision for the one-off continuation of cash performance rates in 2015

The amounts pursuant to § 3 (1) sentence 5 and 2 sentence 2 shall be made in accordance with the rate of change in accordance with § 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 the Social Code for the year 2015. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) announcates these amounts in the Federal Law