Compared to the benefits provided in 2024, lower benefits will be granted under the Asylum Seekers' Benefits Act (AsylbLG) from January 1, 2025. This is justified by the fact that, according to the regulation on determining the percentages relevant for updating the standard benefit levels pursuant to Section 28a and for updating the partial amount pursuant to Section 34 Paragraph 3a Sentence 1 of the Twelfth Book of the Social Code (SGB XII), as well as supplementing the annex to Sections 28 and 34 of the Twelfth Book of the Social Code for the year 2025 (Standard Benefit Level Update Regulation 2025 – RBSFV 2025), the update of the standard benefit levels with the newly determined rates of change resulted in euro amounts that are lower than those of 2024. Furthermore, unlike in the Second and Twelfth Books of the Social Code (SGB II and SGB XII), the grandfathering clause in Section 28a Paragraph 5 of the SGB XII is not applicable to the AsylbLG. While the euro amounts for recipients of subsistence benefits under the German Social Code, Book II (SGB II) and Book XII (SGB XII) will remain unchanged in 2025, benefits under the Asylum Seekers' Benefits Act (AsylbLG) will be reduced.

The grandfathering provision in Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) is directly applicable to the calculation of the euro amounts in Section 3a of the Asylum Seekers' Benefits Act (AsylbLG). This follows from the wording of Section 3a Paragraph 4 of the AsylbLG and from the legislator's intent.

Section 3a paragraph 4 of the Asylum Seekers' Benefits Act (AsylbLG) reads:

"The monetary amounts according to paragraphs 1 and 2 shall be updated on January 1 of each year in accordance with the rate of change pursuant to Section 28a of the Twelfth Book of the Social Code in conjunction with the Ordinance on the Adjustment of Standard Needs Levels pursuant to Section 40 Sentence 1 Number 1 of the Twelfth Book of the Social Code."

The explanatory memorandum to the law states [emphasis added]:

The amounts stipulated in the law for 2014 regarding cash requirements and the monetary amounts pursuant to paragraph 2 are derived from the amounts determined in the 2008 Income and Expenditure Survey (EVS). The adjustments made to the standard benefit rates under Book XII of the German Social Code (SGB XII) were precisely replicated. This applies to both the rates of change and the individual calculation rules.

(BT-Drs. 18/2592, p. 25)

The provision in Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) is also a calculation rule that, according to the legislator's intent, is to be "exactly replicated" in the Asylum Seekers' Benefits Act (AsylbLG). Section 3a Paragraph 4 of the AsylbLG, therefore, refers, according to the legislator's intent, to the entirety of Section 28a of the SGB XII, and thus also to Section 28a Paragraph 5 of the SGB XII, and not merely to the rate of change in isolation, since otherwise the reference to the individual calculation rules in the explanatory memorandum to the law would have been superfluous.

The protection of existing rights under Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) therefore also applies in the area of ​​the Asylum Seekers' Benefits Act (AsylbLG), and the benefits should have continued to be granted unchanged as in 2024.

Update 20.02.2025: The Marburg Social Court, in a decision dated 14.02.2025 in an expedited proceeding under file number S 16 AY 11/24 ER , determined that Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) also applies to the Asylum Seekers' Benefits Act (AsylbLG) and therefore the reduction in benefits from 01.01.2025 onwards is unlawful.

Update March 18, 2025: The Social Court of Halle, in its decision of March 17, 2025 ( case no. S 17 AY 3/25 ER), concurred with the opinion of the Social Court of Marburg (decision of February 14, 2025, case no. S 16 AY 11/24 ER)and also determined that Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) also applies to the Asylum Seekers' Benefits Act (AsylbLG) and that, therefore, the reduction in benefits as of January 1, 2025, in the area of ​​the AsylbLG is unlawful. The decision of the Social Court of Halle can be found here:

Update 25.03.2025: The Stuttgart Social Court also ruled in a main proceeding on 25.03.2025 (Case No.: S 9 AY 4251/23 with related proceedings Case No.: S 9 AY 413/25) that the non-application of Section 28a Paragraph 5 SGB XII in the Asylum Seekers' Benefits Act (AsylbLG) is unlawful and therefore benefits must be granted as in 2024.

Update 13.05.2025: The Speyer Social Court also agrees with the view that the non-application of Section 28a Paragraph 5 SGB XII in the AsylbLG is unlawful and therefore the benefits should be granted as in 2024.

Update 14.06.2025: The district of Birkenfeld (Rhineland-Palatinate) and the city of Erfurt (Thuringia) are resolving the objections in the administrative procedure and, applying Section 28a Paragraph 5 SGB XII, are granting the benefits as in 2024 – i.e., without reduction.

Update 13.07.2025: The Social Court of Mainz agrees with the view that the non-application of Section 28a Paragraph 5 SGB XII in the Asylum Seekers' Benefits Act (AsylbLG) is unlawful and therefore benefits should be granted as in 2024.

Update July 24, 2025: In several preliminary injunction proceedings, the Karlsruhe Social Court agrees that the non-application of Section 28a Paragraph 5 of the German Social Code, Book XII (SGB XII) in the Asylum Seekers' Benefits Act (AsylbLG) is unlawful and that benefits should therefore be granted as in 2024. Two of the rulings are listed here:

Update 20.08.2025: The 15th Chamber of the Social Court of Mainz also agrees with the view that the non-application of Section 28a Paragraph 5 SGB XII in the AsylbLG is unlawful and therefore the benefits should be granted as in 2024.

Affected group of people:

All recipients of basic benefits according to Sections 3 and 3a of the Asylum Seekers' Benefits Act (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)

Practical approach:

We currently advise all recipients of basic benefits under Sections 3 and 3a of the Asylum Seekers' Benefits Act (AsylbLG) (all persons who have not yet been in Germany for more than 36 months and/or who are accused of abusively extending their stay) 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 certain benefit reductions.