On May 16, 2024, the coalition government, with the support of the AfD and the BSW, decided to introduce the payment card in the area of the Asylum Seekers' Benefits Act (AsylbLG).
The payment card can be used both for basic benefits according to Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) (all persons who have not been in Germany for more than 36 months and/or who are accused of an abusive extension of their stay) and for so-called analogous benefits according to Section 2 of the Asylum Seekers' Benefits Act (AsylbLG) (all persons who have been in Germany for more than 36 months and who are not accused of an abusive extension of their stay).
Depending on the specific terms of use, the payment card can only be used where it is accepted. Many retailers, especially smaller shops, bakeries, or kiosks, do not accept this type of card. In most municipalities, only a small cash amount, often just €50, can be withdrawn. This means that inexpensive purchases, such as used items from private individuals like bicycles, cell phones, furniture, or children's clothing, are only possible up to the limit of the cash amount. In some cases, the use of the payment card is geographically restricted. This can prevent individuals from purchasing certain products in their region, for example, if the nearest halal supermarket is outside their permitted postal code area. Visits to friends or relatives in other regions are also made more difficult by geographical restrictions. Using the card incurs fees. Furthermore, the payment card is not intended for temporary use. Asylum seekers may have to live with the card for many years, and those with tolerated stay status even for decades. It is obvious that all of this is discriminatory.
There were never any justifiable reasons for introducing the payment card . It is not apparent how the costly and complex implementation of the payment card would reduce the administrative burden on municipalities compared to transferring the amounts to a regular bank account. There is no data on whether the individuals affected by the payment card transfer any portions of the payments abroad. Given the small amounts involved, this is highly unlikely.
The payment card won't deter anyone from seeking refuge in Germany. According to current studies, the allocation of social benefits also has no concrete effect on controlling migration. In a post-truth era, however, scientific findings are increasingly playing no role in politics anyway.
The law allows federal states and municipalities to decide whether to introduce the payment card within their jurisdiction. Depending on its specific design, legal recourse against the payment card may even be necessary through expedited social court proceedings.
Affected group of people:
All recipients of basic benefits according to Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) and analogous benefits according to Section 2 of the AsylbLG, who receive their benefits via payment card
Practical approach:
Depending on the design of the payment card, we advise the affected recipients of basic benefits under Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) and analogous benefits under Section 2 of the Asylum Seekers' Benefits Act (AsylbLG) to file an objection against the granting of benefits by means of a payment card.
Even if the objection period has already expired, legal action can still be taken against the payment card for the future.
