Applying for benefits under the Asylum Seekers’ Benefits Act
Service description
If you do not hold German nationality, are not a national of any EU Member State, and are residing in Germany, you may, under certain conditions, be entitled to benefits under the Asylum Seekers’ Benefits Act. These include what are known as basic benefits, benefits in the event of illness, pregnancy and childbirth, and other benefits.
Basic benefits are intended to cover the essential needs required to make a living. This includes, for example, food, accommodation, heating, clothing, personal hygiene and household goods. In addition, benefits may be provided to cover essential personal needs, with the aim of ensuring participation in social life.
The benefits provided during pregnancy and childbirth also cover additional needs for expectant mothers. These may include, for example, maternity wear or a starter pack for the baby (such as nappies and a nappy bag).
These health services are intended to ensure you receive medical care if you are not insured with a health insurance fund. Medical care refers to treatment by a doctor if you are acutely ill or in pain. You can also receive the necessary vaccinations (for example, against influenza) and medically recommended screening tests. Screening tests are regular examinations designed to detect and treat illnesses at an early stage.
Other benefits are aimed, in particular, at specific cases. These may include special benefits to cover living costs or to meet the needs of children, such as the provision of school supplies and integration support for children with disabilities. Integration support helps children to participate in community life. Benefits may also be available to cover certain interpreting costs and the costs of obtaining a passport.
You may be eligible for these benefits if your disposable income and assets have been exhausted or are insufficient, and you do not receive benefits under SGB II or SGB XII. If you do not live alone, the income of family members with whom you live will be taken into account. In this context, family members are defined as your partner or spouse, as well as any (minor) children.
Benefits under the Asylum Seekers’ Benefits Act may be provided as benefits in kind or as cash payments. Depending on your housing situation and the place where you are staying, the type and amount of benefits granted may vary. As well as being paid as benefits in kind or cash, they may also be provided in the form of vouchers or in other ways.
Accommodation and heating costs are usually taken into account by the relevant authority when calculating your entitlement. Whether the support is provided in the form of cash or in-kind benefits depends on the circumstances of your individual case. The amount of benefits granted is regularly adjusted and is graded according to age and housing situation.
Procedure
Applications for benefits under the Asylum Seekers’ Benefits Act can be made informally. It is advisable to arrange a face-to-face appointment for a consultation with your relevant authority. Please bring all the necessary documents with you to the appointment.
- You should submit your application to your local authority or via the online portal.
- They submit the necessary supporting documents.
- The relevant authority will assess your application and work out your needs.
- The relevant authority will decide on your application and inform you of the outcome. You will receive a written decision from the relevant authority to this effect.
- If your application is approved, you will receive a notice of approval. If it is rejected, you will receive a notice of rejection.
- In both cases, the notice sets out the grounds for the decision. It also contains information on the option to appeal against the decision. In addition, it specifies the time limit within which you may lodge an appeal.
- The notification of approval states the amount of the benefit to be paid and the start date of payments. From the date specified, the benefits to which you are entitled will generally be paid to you by the relevant authority at the beginning of each month. The method of payment may vary depending on individual circumstances; for example, it may be by bank transfer, cash payment, payment order for direct debit, cash card, cash cheque or vouchers.
- For healthcare services: Depending on which authority is responsible for your case, you will receive either a treatment voucher or an electronic health card.
- Treatment voucher: You must present the treatment voucher to your doctor within the specified time limit to receive treatment. If you require further healthcare services, you will usually need to submit a new application. You can obtain further information about the services and the treatment voucher from your insurance provider.
- Electronic health card: You simply present your health card to your doctor and receive treatment. Should you require further medical care, you can see your doctor directly without needing to submit a new application.
Please note: You are obliged to notify your relevant authority immediately of any changes to your personal or financial circumstances.
Who should I contact?
Social Services Department (district or independent city)
Prerequisites
- You are from a third country and do not hold the nationality of any EU Member State.
- They are staying in Germany.
- You meet one of the following criteria
- You have been granted permission to remain under the Asylum Act.
- You wish to enter the country via an airport, but entry is not (yet) permitted.
- You hold a residence permit under Sections 23(1), 24 or 25(4), first sentence, of the Residence Act (AufenthG).
- You hold a residence permit under Section 25(5) of the Residence Act, provided that the decision to suspend your deportation was made less than 18 months ago.
- You have been granted temporary leave to remain under Section 60a of the Residence Act.
- Your temporary residence permit has expired.
- You are the spouse, civil partner or minor child of the persons mentioned above.
- You are submitting a follow-up application under Section 71 of the Asylum Act or a second application under Section 71a of the Asylum Act.
- You have applied for a residence permit but have not yet received a decision from the immigration authorities.
- You have used up your disposable income and assets, or these are insufficient to cover your living expenses.
- You are not entitled to benefits under the Basic Income Support for Jobseekers scheme (SGB II) or to maintenance assistance or basic income support under Book XII of the Social Code (SGB XII).
- You are not entitled to statutory health insurance (for example, family cover).
When submitting an application to a local authority, you must have your usual place of residence in that local authority area or be registered as living there.
Which documents are required?
- Completed application form
- Proof of current residence (e.g. passport, residence permit, temporary leave to remain)
- Evidence of assets (for example, bank statements for accounts and investments at home and abroad, vehicles, jewellery, property)
- Proof of income for all family members in the household (for example, payslips, pension statements, child benefit, BAföG, advance maintenance payments)
- Where applicable, proof of health and long-term care insurance
- Where applicable, evidence of performance
- Maternity record
- School certificate
- Quotations
- In the case of obligations to cooperate under administrative law: decisions and requests from the Immigration Authority
- Where applicable, proof of insurance and travel expenses (if in employment)
- Where applicable, evidence of previous social security benefits (termination notice from the Jobcentre, letters of appointment from other local authorities)
- Where applicable, a tenancy agreement and evidence of current rent, heating costs and electricity charges
- Where applicable, marriage certificate, divorce decree, proof of spousal maintenance
Where applicable, proof of access rights (in the case of parents living apart within the country)
What fees are incurred?
free of charge
What deadlines do I have to observe?
You can receive these benefits if the authorities recognise that you need help.
You must comply with the deadlines set by the relevant authority for the submission of documents. If, for valid reasons, you are unable to do so, you must apply for an extension. Otherwise, the relevant authority may refuse to grant you the benefit on the grounds that you have failed to fulfil your statutory obligations to cooperate.
This also applies to the appeal deadlines, i.e. if you do not agree with the decision - not only with the rejection decision, but also with the authorisation decision (amount of the resulting benefit entitlement).
Legal basis
What else should I know?
You are obliged to notify your relevant authority immediately of any changes to your personal or financial circumstances. If you fail to do so, payment of benefits may be suspended.
Failure to report the commencement of gainful employment correctly, in full or in a timely manner constitutes an administrative offence. This may be punishable by a fine of up to 5,000 euros.