Differences between benefits under the Social Code and the asylum seeker benefits system (AsylbLG)

There are significant differences to the detriment of AsylbLG recipients when comparing benefits under the German Social Code, Book II (SGB II, Hartz IV – basic income support for job seekers) or Book XII (SGB XII, basic income support for people with disabilities and the elderly):

Benefit levels under SGB II / SGB XII: Standard rate 2022

  • 449 euros per month for single people and single parents.
  • 404 euros for partners if both are of legal age.
  • 360 euros for eligible adults who do not maintain their own household because they live in someone else's household. This refers to adults over 25 years of age who live in their parents' home or...
  • 376 euros for children in the household aged 14 to 17, as well as persons who have not yet reached the age of 25 and move without a guarantee from the BGA.
  • 311 euros for children aged 6 to 13.
  • 285 euros for children up to 6 years old (social allowance).

Benefit level under the Asylum Seekers' Benefits Act (AsylbLG): Standard rate 2022

  • 367 euros per month for single people and single parents.
  • 330 euros for partners if both are of legal age.
  • 294 euros for eligible adults who do not maintain their own household because they live in someone else's household. This refers to adults over 25 years of age who live in their parents' home or...
  • 326 euros for children in the household aged 14 to 17, as well as persons who have not yet reached the age of 25 and move without a guarantee from the BGA.
  • 283 euros for children aged 6 to 13.
  • 249 euros for children up to 6 years old (social allowance).

Furthermore, both systems (SGB XII and AsylbLG) use different definitions of so-called need for assistance. 

Need for assistance under the German Social Code, Book XII (SGB XII)

Section 2 Paragraph 1 of the German Social Code, Book XII (SGB XII) regulates the so-called principle of subsidiarity: "Social assistance is not granted to those who can help themselves primarily through the use of their labor, income and assets, or who receive the necessary support from others, in particular from relatives or from providers of other social benefits."


The question is therefore whether income, assets or other benefits from others are available to cover the basic needs for survival.


Meeting needs

The following needs are covered by subsistence benefits, e.g. under the German Social Code Book XII (SGB XII): 

– Assistance with living expenses 

– Standard needs

– Costs of accommodation and heating

– Additional needs (§ 30 SGB XII)

– e.g., the so-called single parent supplement

– Assistance for health (§§ 47 to 52)

– Assistance with care (§§ 61 to 66a)

– Assistance in overcoming particular social difficulties (§§ 67 to 69)

– Assistance in other life situations (§§ 70 to 74)

income

Income is defined as the total of all inflows of money or assets in the month they are received (§ 82 para. 1 sentence 1 SGB XII). § 84 SGB XII excludes the inclusion of donations from welfare organizations or other third parties in the calculation of benefits if the donations do not improve the recipient's situation to such an extent that receiving social assistance would be unjustified (in the case of welfare donations) or if including the donations would cause undue hardship (in the case of donations from other third parties). Since donations generally only cover the most basic needs, it is usually straightforward to classify donations (especially food, drinks, clothing, SIM cards, etc.) as benefits under § 84 SGB XII and thus exempt them from being counted as income. Therefore, the inclusion of donations as income is generally not applicable.
The situation would be different if recipients received monetary payments/transfers from family members. Such payments constitute income without further ado. However, supplementary benefits under the German Social Code, Book XII (SGB XII), may be claimed if the family's payments are insufficient. This can happen very quickly, for example, in cases where medical treatment or similar expenses become necessary. 

Assets

The decisive factor is whether the assets are realizable (§ 90 para. 1 SGB XII). For example, if money is held in an account to which there is currently no access, or if there is a house and land in Ukraine to which there is currently no access, etc., then these assets are not realizable and may not be counted as assets.
Realizable assets must be liquidated and the proceeds used to cover basic needs, unless, in particular:
– the items are indispensable for starting or continuing vocational training or employment; – the items are family heirlooms, the sale of which would constitute a particular hardship for the person concerned or their family; – the items serve to satisfy intellectual, especially scientific or artistic, needs and their possession is not a luxury; – the liquidation of the items would constitute a particular hardship. Further cases can be found in § 90 para. 2 SGB XII.


Furthermore, there is an asset allowance of €5,000 per adult plus €500 per minor household member. Single minors also have an allowance of €5,000. 

Need for assistance under the Asylum Seekers' Benefits Act (AsylbLG) 

Here too, the question is whether income and assets are available (§ 7 AsylbLG) or whether needs-covering benefits are received from third parties (§ 8 AsylbLG). 

Meeting needs

Here is an exceptionally good overview of social benefits under the Asylum Seekers' Benefits Act (AsylbLG): https://ggua.de/fileadmin/downloads/tabellen_und_uebersichten/Aufenthalt_24.pdf

It's not possible to summarize it any better.

income

Essentially the same principles apply here as described for the German Social Code, Book XII (SGB XII).


Important: Section 7, paragraph 1, sentence 1 of the Asylum Seekers' Benefits Act (AsylbLG) explicitly refers to the income of family members: "Income and assets that can be disposed of must be used up by the person entitled to benefits and their family members living in the same household before benefits under this Act commence." Family members in this sense are members of the nuclear family (parents and minor children). Adult children are specifically excluded. 


Assets

Here, the regulations differ dramatically from those under the German Social Code, Book XII (SGB XII). Again, the focus is on realizable assets. The definition of family is identical to the one described for income. There is an asset allowance of only €200 per person. Only items essential for education or employment are exempt from being considered as assets. Crucially, there is no hardship clause. The regulations of the SGB XII described above only apply after 18 months of residence in Germany (see Section 2, Paragraph 1, Sentence 1 of the Asylum Seekers' Benefits Act (AsylbLG)).


For questions – email: kontakt@anwaltskanzlei-adam.de