VERDICT
in the legal dispute
1. xxx,
– Plaintiff –
2. xxx,
-Plaintiff –
Procedural representative: Attorney Sven Adam,
Lange-Geismar-Str. 55, 37073 Göttingen
– regarding clauses 1 and 2 –
against
City of Stuttgart – Office for Social Affairs and Participation,
represented by the Mayor,
Eberhardstr. 33, 70173 Stuttgart
– Defendant –
The 9th Chamber of the Stuttgart Social Court,
based on the oral hearing of March 25, 2025 in Stuttgart,
with Judge xxx (further supervising judge)
presiding and Lay Judges xxx and xxx presiding, has ruled as follows:
The decision on the objection dated January 3, 2025, is overturned. The defendant is ordered to pay the plaintiffs €32 for the period from January 1, 2025, to January 31, 2025. The remainder of the claims are dismissed.
Extrajudicial costs are not reimbursable.
FACTS
The parties are in dispute over the granting of higher basic benefits under the Asylum Seekers' Benefits Act (AsylbLG) for the period from 1 August 2023 to 31 January 2025.
The first plaintiff, born in 1994, and the second plaintiff, born in 2001, are married and Iranian citizens. They travelled by plane via Qatar to Italy on May 15, 2023, and then by bus via Switzerland to Germany, where they applied for asylum on June 5, 2023.
After being accommodated in the state's initial reception center in Lörrach, they were assigned to communal accommodation in Stuttgart from June 22, 2023, where they have lived ever since.
Both possess a residence permit.
By decision dated 3 July 2023, the defendant granted basic benefits of standard benefit level 2 proportionally for June 2023 in the amount of €486.85 and for July in the amount of €1,950.82, whereby it allocated €1,212.82 for accommodation and heating based on daily rates.
The plaintiff's representative filed an objection on September 4, 2023, without further explanation, against the benefit award of the same amount from August 2023 onwards, which had been granted without further notice. The defendant rejected this objection with a decision on the objection dated December 4, 2023, pointing out that for married recipients of benefits living in communal accommodation, both the necessary personal needs and the necessary needs according to Section 3a Paragraph 1 No. 2 a) and b) or Section 3a Paragraph 2 No. 2 a) and b) of the Asylum Seekers' Benefits Act (AsylbLG) must be assessed according to the standard needs level 2.
The lawsuit filed with the Stuttgart Social Court on December 19, 2023, is directed against this, and is based on the claim that the benefits are unconstitutional.
Against the decision of 17 January 2024, by which the plaintiffs received benefits in the amount of €2,038 for January with unchanged costs of accommodation and heating, the plaintiffs' representative lodged an objection on 19 February 2024, which the defendant rejected with a decision on the objection dated 3 May 2024.
The action brought against this on 29 May 2024 (S 9 AY 2011/24) was joined by the court to the first proceedings by decision of 10 June 2024.
The plaintiff's representative filed an objection on June 11, 2024, against the benefits granted without further notice from June 1, 2024, which the defendant rejected with a notice of objection dated September 4, 2024.
The action brought against this on 8 September 2024 (S 9 AY 3302/24) was joined by the court to the first proceedings by decision of 17 September 2024.
The plaintiff's representative filed an objection on October 4, 2024, against the benefits granted without further notice from October 1, 2024, which the defendant rejected with a notice of objection dated January 3, 2025.
The action brought against this on 2 February 2025 (S 9 AY 413/25) was joined by the court to the first proceedings by decision of 3 February 2025.
Since January 1, 2024, the plaintiffs receive €2,006.82 per month (€792 standard allowance) while their housing costs remain unchanged.
The plaintiffs request that
the decision of January 17, 2024, as amended by the decision on the objection of May 3, 2024, as well as the
To overturn the decisions on the objections dated 4 December 2023, 4 September 2024 and 3 January 2025 and to order the defendant to grant the plaintiff basic benefits in accordance with Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) in a constitutionally compliant amount for the period from 1 August 2023 to 3 January 2025.
The defendant requests that
the action be dismissed.
She considers the level of benefits to be correct and refers with regard to benefits from 1 January 2025 to the publication in the Federal Law Gazette of 29 October 2024, according to which the necessary personal needs of the standard benefit level 2 amount to €177 and the necessary needs amount to €220.
Regarding further details of the facts, reference is made to the electronically maintained court files, the defendant's paper administrative files and the minutes of the public hearing of March 25, 2025.
REASONS FOR DECISION
The actions, which are admissible as combined actions for annulment and performance, are only partially justified, which is why the decisions dealing only with the granting of benefits until 2024 prove to be lawful, so that only the last objection decision of 3 January 2025 had to be revoked.
The period in dispute is from 1 August 2023 (limited to this date in the plaintiffs' first objection; p. 7 of the court file) to 31 January 2025, since the last objection decision was issued in this month (similarly BSG, judgment of 17 June 2008 – B 8 AY 11/07 R – juris para. 11).
Unlike in many other cases, the plaintiffs, who are entitled to benefits under Section 1 Paragraph 1 Number 1 of the Asylum Seekers' Benefits Act (AsylbLG), were to be granted benefits at standard benefit level 2 pursuant to Section 3a Paragraph 1 Number 2a and Section 3a Paragraph 2 Number 2a of the AsylbLG because they are married. This does not raise any constitutional concerns, as this is provided for in all benefits under the German Social Code, Book II (SGB II) or Book XII (SGB XII), due to the resulting cost savings.
The court also does not consider the benefits granted until 2024 to be unconstitutional.
However, for the period from 1 January 2025 to 31 January 2025, the plaintiffs are entitled to higher basic benefits in the amount of €32.
The benefits pursuant to Sections 3 Paragraph 1 Sentence 2, 3a Paragraph 1 AsylbLG (necessary personal needs) in the amount of two payments of €184 and pursuant to Sections 3 Paragraph 1 Sentence 1, 3a Paragraph 2 AsylbLG (necessary needs) in the amount of two payments of €229, thus totaling €826 for the month of January 2025, were to be granted here pursuant to Section 3 Paragraph 5 Sentence 3 AsylbLG.
However, the amount of benefits is directly determined by the legal regulations.
The provision of Section 28a Paragraph 5 of the Social Code Book Twelve (SGB XII) is directly applicable to the calculation of the monetary amounts in Section 3a AsylbLG.
Section 3a paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) reads:
The monetary amounts according to paragraphs 1 and 2 shall be updated on January 1 of each year in accordance with the rate of change pursuant to Section 28a of the Twelfth Book of the Social Code in conjunction with the Ordinance on the Update of Standard Needs Levels pursuant to Section 40 sentence 1 number 1 of the Twelfth Book of the Social Code.
Section 28a of the German Social Code, Book XII (SGB XII) reads:
(1) For years until the next recalculation pursuant to Section 28, the standard benefit rates are adjusted on January 1st of each year in accordance with paragraphs 2 to 5.
(2) On January 1, 2023, the euro amounts of the standard benefit rates adjusted on January 1, 2022, are first adjusted using the rate of change resulting from paragraph 3 (basic adjustment), and the result is then adjusted using the rate of change resulting from paragraph 4 (supplementary adjustment). For subsequent adjustments from 2024 onwards, the unrounded euro amounts resulting from the previous year's basic adjustment pursuant to paragraph 3 are to be adjusted again in accordance with paragraph 3, and the resulting euro amounts are to be adjusted using the rate of change of the supplementary adjustment pursuant to paragraph 4.
(3) The rate of change for the base adjustment is derived from the national average development of prices for goods and services relevant to standard needs and the national average development of net wages and salaries per employee according to the national accounts (mixed index). To determine the annual rate of change of the mixed index, the rate of change resulting from the development of prices for all goods and services relevant to standard needs is weighted at 70 percent, and the rate of change resulting from the development of net wages and salaries per employee is weighted at 30 percent. The relevant rate of change is that resulting from the change in the twelve-month period beginning on July 1 of the year before last and ending on June 30 of the year before last, compared to the preceding twelve-month period.
(4) The rate of change for the supplementary update of the unrounded euro amounts of the standard benefit rates resulting from paragraph 3 shall be based on the nationwide average development of prices for goods and services relevant to standard benefit rates in the three-month period from 1 April to 30 June of the previous year compared to the similarly defined three-month period of the year before last. Section 28, paragraph 5, sentence 3 shall apply accordingly.
(5) If the update pursuant to paragraphs 2 to 4 results in euro amounts for the standard benefit rates that are lower than the euro amounts applicable in the previous year, the euro amounts determined for the previous year shall continue to apply until a subsequent update results in higher euro amounts.
(6) The Federal Ministry of Labour and Social Affairs shall commission the Federal Statistical Office to determine the annual rate of change.
1. for the period according to paragraph 3 for
a) the prices of all goods and services relevant to standard needs and
b) the average net wage and salary sum per average employee,
2. for the period according to paragraph 4 for the prices of all goods and services relevant to standard needs.
The applicability of Section 8a Paragraph 5 of the German Social Code, Book XII (SGB XII) to the calculation of the monetary amounts in Section 3a of the Asylum Seekers' Benefits Act (AsylbLG) follows directly from its wording. Section 3a Paragraph 4 of the AsylbLG, with its wording "in accordance with the rate of change pursuant to Section 28a of the German Social Code, Book XII, in conjunction with the Ordinance on the Adjustment of Standard Needs Levels pursuant to Section 40 Sentence 1 Number 1 of the German Social Code, Book XII," refers to the entire provision of Section 28a of the SGB XII and not just individual paragraphs. An exclusion of the grandfathering clause in Section 28a Paragraph 5 of the SGB XII cannot be inferred from the wording. In particular, the explicit reference to the Ordinance on the Adjustment of Standard Needs Levels (RBSFV) contradicts an exclusion of the grandfathering clause.
According to Section 40, Sentence 1, Number 1 of the German Social Code, Book XII (SGB XII), the Federal Ministry of Labor and Social Affairs, in agreement with the Federal Ministry of Finance, shall determine by statutory instrument, with the approval of the Federal Council, the percentages relevant for updating the standard benefit rates pursuant to Section 28a and for updating the partial amount pursuant to Section 34, Paragraph 3a, Sentence 1. Section 1 of the Standard Benefit Rate Adjustment Ordinance 2025 (RBSFV 2025) states:
(1) The rate of change for the basic update of the standard benefit rates pursuant to Section 28a, Paragraph 3 of the German Social Code, Book XII, as of January 1, 2025, is 4.60 percent. The rate of change for the supplementary update of the standard benefit rates pursuant to Section 28a, Paragraph 4 of the German Social Code, Book XII, as of January 1, 2025, is 0.7 percent.
(2) The standard benefit rates pursuant to Section 8 paragraph 1 of the Standard Benefit Rate Determination Act shall be updated as of January 1, 2025, in accordance with the rates of change pursuant to paragraph 1. The resulting euro amounts for the standard benefit rates are lower than the euro amounts determined for 2024. Pursuant to Section 28a paragraph 5 of Book Twelve of the Social Code, the euro amounts for the standard benefit rates determined for 2024 shall therefore also apply as of January 1, 2025.
According to the direct wording in Section 1 Paragraph 2 RBSFV 2025, to which Section 3a Paragraph 4 AsylbLG refers, Section 28a Paragraph 5 SGB XII will be applied to the calculation of the monetary amounts from 1 January 2025.
This result also corresponds to the legislator's intent. The draft bill of the Federal Government dated September 22, 2014 (BT-Drs. 18/2592, p. 25), which introduced the current Section 3a Paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) as Section 3 Paragraph 4, states:
The amounts stipulated in the law for 2014 regarding cash requirements and the monetary amounts pursuant to paragraph 2 are derived from the amounts determined in the 2008 Income and Expenditure Survey (EVS). The adjustments made to the standard benefit rates under Book XII of the German Social Code (SGB XII) were precisely replicated. This applies to both the rates of change and the individual calculation rules.
According to the legislator's intent, the adjustments made to the standard benefit rates under Book XII of the German Social Code (SGB XII) are to be "exactly replicated" within the scope of the Asylum Seekers' Benefits Act (AsylbLG). The adjustment of the standard benefit rates under SGB XII undoubtedly includes the grandfathering provision of paragraph 5, as stated in the wording of Section 28a, paragraph 1 of SGB XII. Furthermore, Section 28a, paragraph 5 of SGB XII is clearly a "calculation rule" that is explicitly referenced in the draft legislation for the AsylbLG. According to the legislator's intent, Section 3a, paragraph 4 of the AsylbLG refers to the entirety of Section 28a SGB XII, including Section 28a, paragraph 5 of SGB XII, and not merely to individual paragraphs of Section 28a SGB XII in isolation, as the reference to the "individual calculation rules" in the explanatory memorandum would otherwise have been entirely superfluous.
by the Federal Government's view that the protection of acquired rights does not apply to the updating of standard benefit rates for asylum seekers (www.bundesregierung.de; accessed on February 14, 2025). (The Chamber also argues against the applicability of the protection of acquired rights rule in BeckOK AuslR/Spitzlei, 43rd ed., October 1, 2024, § 3a para. 15 AsylbLG; contra Siefert, jurisPR-SozR 22/2024 note 1, according to whom "such a 'phasing-out clause' is lacking in the AsylbLG"; however, the question remains open in Siefert, AsylbLG, 2nd ed. 2020, § 3a para. 28; also open in LPK-SGB XII/Birk, 13th ed. 2024, § 3a para. 24 AsylbLG; contra SG Heilbronn, decision of 17.2.2025 – S 15 AY 181/25, in juris Rn. 23 f mwN).
This result is not altered by the defendant's correct reference to the announcement regarding the amount of the benefit rates pursuant to Section 3a Paragraph 4 of the Asylum Seekers' Benefits Act for the period from 1 January 2025 (Federal Law Gazette I, 29 October 2024, No. 325).
However, according to the above-mentioned legal precedent, the right to continued benefits follows directly from the law. Insofar as the change in benefits under the German Social Code, Book XII (SGB XII) is established, the benefits under the Asylum Seekers' Benefits Act (AsylbLG) must be adjusted accordingly.
The recipient of benefits has an enforceable right to have their benefits granted in the correctly adjusted amount. The announcement is not legally binding but serves to ensure the transparency of uniform application of the law. It has purely declaratory effect and is intended to ensure that all benefit providers are informed of the new amount by the Ministry, so that they do not have to perform the necessary calculations themselves. This is primarily because the Federal Ministry of Labor and Social Affairs (BMAS) has no discretion regarding the amount of the adjustment. Furthermore, the regular adjustment is based on constitutional considerations, according to which the fundamental rights review and further development of the benefit amount based on current circumstances to guarantee a minimum standard of living is mandatory, even for benefits received under the Asylum Seekers' Benefits Act (AsylbLG). In light of the legal challenges raised by the courts regarding the lack of review of benefit levels under the Asylum Seekers' Benefits Act (AsylbLG), the legislature has enacted new regulations for updating benefit calculations (see, in general, LSG Meckl.-Vorp., decision of 26 September 2019 – L 9 AY 3/19 B ER –, juris para. 21 et seq.; SG Stade, judgment of 13 November 2018 – S 19 AY 15/18 –, juris para. 7; SG Kassel, judgment of 18 September 2019 – S 12 AY 20/19 –; Frerichs in: Schlegel/Voelzke, jurisPK-SGB XII, 4th ed. 2024 (as of 23 December 2024), § 3a AsylbLG para. 123 et seq.).
According to this provision, applying Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII), the euro amounts determined for the year 2024 continue to apply in the present case because the euro amounts for the year 2025 are lower than the euro amounts applicable in the previous year (Social Court Marburg, decision of February 14, 2025 – S 16 AY 11/24 ER –, juris Rn. 21 – 46).
However, the plaintiffs were not entitled to analogous benefits under Section 2 Paragraph 1 Sentence 1 of the Asylum Seekers' Benefits Act (AsylbLG), as they had not yet resided in the federal territory for 36 months.
The last claim was therefore to be granted in the amount of €32, and all other claims were to be dismissed.
The decision on costs is based on § 193 SGG and takes into account the limited success of the action (only one month in a period of 18 months).
The following is information on legal remedies.
