Some social welfare authorities, particularly after the switch to standard benefit level 1 for single and single-parent recipients of basic benefits under Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) in communal accommodations and initial reception centers, have begun deducting energy costs from these basic benefits. This is clearly unlawful, as the basic benefits do not include any amounts for energy costs and are instead provided as in-kind benefits.

The deduction is evident in the calculation sheet of the notices. There, the deduction from the basic benefits is shown.

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 where energy costs are deducted from basic benefits. As of January 1, 2025, this affects at least some municipalities in Rhineland-Palatinate and North Rhine-Westphalia.

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 energy costs are being deducted from their basic benefits and, if necessary, an objection and legal action against their social benefit decisions that are not yet legally binding. Even if the objection period has already expired, legal action can still be taken against the deductions by submitting a review application.