The so-called "Orderly Return Act" came into force on August 21, 2019, followed by the Third Act Amending the Asylum Seekers' Benefits Act on September 1, 2019. Both laws contain significant benefit cuts, particularly for single people and single parents in communal accommodations and initial reception centers.
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). However, the legislature introduced a new benefit level for single individuals who do not yet live in their own apartment . They receive the same amount as married couples, which is only about 90% of the full benefits .
According to the purpose of the law, it is intended to address "the special needs of benefit recipients in communal accommodations." It is assumed that communal accommodation for the residents of such facilities results in cost savings comparable to those achieved in two-person households.
This regulation currently applies to all single people and single parents in collective accommodations (community accommodations and initial reception centers) who receive subsistence benefits under the Asylum Seekers' Benefits Act (AsylbLG).
Even those affected who already received analogous benefits under Section 2 of the Asylum Seekers' Benefits Act (AsylbLG) only received 90% of their previous benefits.
However, the Federal Constitutional Court declared this regulation unconstitutional in its decision of November 23, 2022 (Case No.: 1 BvL 3/21) and, as a transitional measure, ordered that all single adult recipients of analogous benefits under Section 2 of the Asylum Seekers' Benefits Act (AsylbLG) must immediately receive the standard benefit level 1 – i.e., the full standard benefit. This decision does not yet apply directly to single adult recipients of basic benefits under Sections 3 and 3a of the AsylbLG – but its content is transferable. Therefore, all single adult recipients of basic benefits under Sections 3 and 3a of the AsylbLG are also required to appeal any decisions that are not yet legally binding.
Update 20.02.2025: By referral decision of 26.09.2024 under file number B 8 AY 1/22 R, the Federal Social Court referred the question of whether the standard benefit level 2 for single persons and single parents in collective accommodations is constitutional to the Federal Constitutional Court for a decision and unequivocally expressed that it considers the regulation to be unconstitutional.
Affected group of people:
All single or single-parent recipients of benefits under the Asylum Seekers' Benefits Act (AsylbLG) in communal accommodations and initial reception centers who are granted standard benefit level 2. As of January 1, 2025, this applies to at least all single or single-parent recipients of benefits under the Asylum Seekers' Benefits Act (AsylbLG) in communal accommodations and initial reception centers in Baden-Württemberg and Saxony-Anhalt.
Practical approach:
We currently advise all recipients of benefits under the Asylum Seekers' Benefits Act (AsylbLG) in communal accommodations and initial reception centers to check whether they are still receiving the so-called standard benefit level 2 and, if necessary, an objection against their social benefit decisions that are not yet legally binding. Even if the objection period has already expired, legal action can be taken against certain reductions – however, this should absolutely be done before a further ruling by the Federal Constitutional Court on the reductions under Sections 3 and 3a of the AsylbLG, as otherwise claims for back payments may be lost.
