Currently, social welfare authorities are implementing numerous benefit reductions under Section 1a of the Asylum Seekers' Benefits Act (AsylbLG). This primarily affects the grounds for reduction under Section 1a Paragraph 3 AsylbLG (failure to cooperate) and Section 1a Paragraph 4 AsylbLG (European relocation).

The reduction notices are often unlawful for formal reasons (previous hearing is missing, the facts of the case are not correctly described, previous approval notices have not been revoked, a time limit according to § 14 AsylbLG has not been imposed, it is a so-called chain sanction for more than 6 months, etc.).

However, often the legal requirements are simply not met, particularly with regard to Section 1a Paragraph 3 of the Asylum Seekers' Benefits Act (violation of the duty to cooperate).

Section 1a paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) (European relocation) is also controversial under both constitutional and European law. In the case of the repealed Section 1a paragraph 7 of the AsylbLG (see below), the Federal Social Court, in its decision of July 26, 2024, in the proceedings under file number B 8 AY 6/23 R, suspended the legal proceedings and referred several questions concerning the interpretation of the Reception Directive in conjunction with the Dublin III Regulation to the European Court of Justice for a preliminary ruling pursuant to Article 267 of the Treaty on the Functioning of the European Union. Just as the European Reception Directive applies to the group of refugees affected by Section 1a paragraph 7 of the AsylbLG, so too does it apply to the group of refugees affected by Section 1a paragraph 4 of the AsylbLG. Therefore, the legal principles established by the Federal Social Court regarding potential incompatibility with European law are applicable to Section 1a paragraph 4 of the AsylbLG.

Update June 13, 2025: The Lower Saxony-Bremen State Social Court, in its decision of June 12, 2025, file number L 8 AY 24/25 B ER, upholds its position that Section 1a Paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) contains an unwritten element of the offense, according to which the person in question must be able to return to the country granting protection for factual and legal reasons. This possibility does not exist for vulnerable groups in the case of the required departure to Greece, as they are exposed there to a serious risk of experiencing inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the EU (CFR) or Article 3 of the European Convention on Human Rights (ECHR) due to the expected living conditions.

Update 18.09.2025: The Hessian State Social Court left open the question of whether the return to the country granting protection (here Greece) is impossible or unreasonable for the applicants (parents of four children) for factual and legal reasons, and whether this alone renders Section 1a Paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) inapplicable. However, in the court's opinion, a reduction of benefits for more than six months is not permissible in any case.

Affected group of people:

All recipients of basic benefits who have received a reduction notice according to § 1a AsylbLG.

Practical approach:

We advise all recipients of basic benefits who have received a reduction notice pursuant to Section 1a AsylbLG to file an objection and a lawsuit against the reduction notice.

Even if the objection period has already expired, legal action can be taken by submitting so-called review applications!