Since September 1, 2019, new rules regarding social security have applied to refugees in Germany. Since then, basic income support for single individuals and single parents in communal accommodations has been reduced to 90 percent. The justification for the change in the law, which lacks empirical support, states that they can be expected to manage their finances together like married couples. In Germany, preliminary injunctions and main proceedings are pending against this change. Due to the significant impact of the Covid-19 pandemic on people in communal accommodations, numerous further applications for preliminary injunctions are being filed with the social courts.
The Covid-19 pandemic has dramatically changed the situation for residents of collective accommodations. Social workers have already been withdrawn from many of these facilities due to the pandemic and/or are only providing telephone support. Many people in these accommodations remain in their rooms. Communal living is neither possible nor intended. Nevertheless, the risk of the pandemic spreading in collective accommodations remains high. This is one of the reasons why organizations like Pro Asyl are calling for the closure of collective accommodations and the decentralized housing of refugees (https://www.proasyl.de/news/covid-19-und-fluechtlingspolitik-was-deutschland-jetzt-machen-muss/).
The RAV (Refugee Association) supports these demands and also calls for an end to all special procedures in social law based on migration policy.
RAV board member Berenice Böhlo emphasizes, "The special procedures in social law must finally be stopped. Human dignity cannot be relativized in migration policy."
"Until the camps are closed, alleged cost savings cannot and must not justify a reduction in standard benefits for single people and single parents," said Göttingen lawyer Sven Adam, who represents some of the applicants. "The aim of further legal proceedings is to secure full standard benefits. This amounts to up to €42 per month for the poorest members of our society," continued RAV member Adam.
“If social welfare agencies do not independently increase benefits for refugees in collective accommodations in the short term, the state social affairs ministries must mandate this. If this also fails to happen, the social courts must intervene. The Saxon State Social Court demonstrated its willingness to act in this regard with its ruling of March 23, 2020,” explains RAV member and lawyer Raik Höfler from Leipzig, who secured the ruling from the Saxon State Social Court.
“The consequences of a pandemic must not be determined by people’s status. Therefore, at a minimum, the inclusion of social protection regulations in the Asylum Seekers’ Benefits Act (AsylbLG) is necessary. It is unacceptable to exclude individual provisions for securing basic needs from the social protection regulations,” said Berlin lawyer Volker Gerloff for the Social Law Working Group of the German Bar Association (DAV).
RAV board member Berenice Böhlo adds: “The fact that the ‘Social Protection Package’ (BT-Drucksache 19/18107, https://dipbt.bundestag.de/doc/btd/19/181/1918107.pdf) from March 2020 in response to the Corona crisis contains no reference whatsoever to the Asylum Seekers’ Benefits Act is a fatal signal from the Federal Government in terms of human rights.”
The decision of the Saxon State Social Court of 23 March 2020 under file number: L 8 AY 4/20 B ER can be found in the appendix.
Contact via the RAV office: 030.41 72 35 55 | kontakt@rav.de
Background:
On August 21, 2019, the so-called "Orderly Return Act" came into force,
followed by the "Third Act Amending the Asylum Seekers' Benefits Act" on September 1, 2019. Both laws contain significant benefit cuts, particularly for single individuals and single parents living in communal accommodations. While the amendment to the Asylum Seekers' Benefits Act finally adjusted the benefit rates (after the last increase in 2016, which the authorities failed to update despite a legal obligation), the legislature introduced a new benefit level for single individuals who do not yet live in their own apartment. They will now receive the same amount as married couples, which is only about 90 percent of the full benefits.
According to the stated purpose of the law, this is intended to address "the special needs of benefit recipients in communal accommodations." The legislator assumes that communal accommodation for the residents of such accommodations will result in savings comparable to those in couple households.
The German Bar Association (DAV) will also be issuing a statement in the coming days regarding the situation of refugees in collective accommodations from a migration and social law perspective. Please take note.
This regulation has already been deemed unconstitutional by various German social courts in expedited proceedings, even without considering the effects of the Covid-19 virus (see: Social Court Landshut, decisions of October 24, 2019 – S 11 AY 64/19 ER and of January 28, 2020 – S 11 AY 3/20 ER; Social Court Hanover, decision of December 20, 2019 – S 53 AY 107/19 ER; Social Court Leipzig, decision of January 8, 2020 – S 10 AY 40/19; Social Court Darmstadt, decision of January 14, 2020 – S 17 SO 191/19 ER; Social Court Frankfurt/Main, decision of January 14, 2020 – S 30 AY 26/19 ER; Social Court Freiburg, decision of...). 20.01.2020 – S 7 AY 5235/19 ER; Social Court Frankfurt/Main, decision of 14.01.2020 – S 30 AY 26/19 ER; Social Court Leipzig, decision of 08.01.2020 – S 10 AY 40/19; Social Court Dresden, decision of 04.02.2020 – S 20 AY 86/19 ER; Social Court Munich, judicial notice of 31.01.2020 – S 42 AY 4/20 ER and decision of 10.02.2020 – S 42 AY 82/19 ER; Higher Social Court Saxony, decision of 23.03.2020 – L 8 AY 4/20 B ER).
