Benefits under the Asylum Seekers' Benefits Act (AsylbLG)
Performance specification
Needy asylum seekers receive direct benefits for accommodation, food, heating, clothing, health and personal care as well as consumer goods for the household (necessary needs). In addition, they receive benefits in case of pregnancy, illness and other possible life situations with increased financial needs. Furthermore, asylum seekers receive benefits to cover personal needs of daily life (necessary personal needs, so-called pocket money).
This is regulated by § 3 AsylbLG, which distinguishes between the phase in which asylum seekers are accommodated in an initial reception centre of the Land and the phase in which they are accommodated in municipalities.
- Section 3 (1) AsylbLG: The necessary personal needs (basic social and cultural needs, e.g. use of public transport) are to be covered as far as possible by cash benefits.
- Section 3 (2) AsylbLG: In the case of accommodation in a shared accommodation or flat in the municipalities, the necessary needs (basic material needs, e.g. food, cleaning and personal hygiene products) are usually covered by cash benefits - this depends on the respective municipality. The priority of benefits in kind no longer exists.
The amount of the cash rates and the value of the benefits in kind are mainly based on the standard needs levels of social assistance and the benefits for unemployment benefit Il recipients (SGB II and XII) and, like these, are regularly adjusted following a constitutional court ruling.
After 18 months of residence, asylum seekers are basically entitled to the same benefits as social assistance recipients under SGB XII - they are called "analogue benefits" because they correspond to the benefits of SGB XII, i.e. they are analogous to them.
It should be noted, however, that income and assets that can be disposed of must be used up before benefits under the AsylbLG are received.
Process flow
An application to the local competent authority is required.
Competent body
The responsible authorities in Hesse are the administrative districts and independent cities. Please find out locally which authority is responsible in each individual case (usually the social welfare authority).
Important note:
The district of Waldeck-Frankenberg is not responsible for persons who are accommodated in the initial reception centre for refugees of the state of Hesse in Bad Arolsen.The following office is responsible for this group of persons:
Regierungspräsidium Gießen
Abt. VII - Erstaufnahmeeinrichtung für Flüchtlinge
Lilienthalstraße 2
35394 GießenRequirements
The following persons are generally entitled to receive benefits under the Asylum Seekers' Benefits Act (AsylbLG):
Foreigners who are actually residing in the federal territory and who have
- have a residence permit in accordance with the Asylum Act,
- want to enter via an airport and who are not or not yet permitted to enter,
- hold a residence permit
a) because of the war in their home country pursuant to Section 23 (1) or Section 24 of the Residence Act,
b) pursuant to Section 25 (4) Sentence 1 of the Residence Act or
c) pursuant to Section 25 (5) of the Residence Act, provided that the decision to suspend their deportation has not been made 18 months ago, - have a Duldung in accordance with § 60a of the Residence Act,
- are subject to an enforceable obligation to leave the country, even if a threat of deportation is not yet or no longer enforceable,
- are spouses, life partners or minor children of the persons mentioned in numbers 1 to 5 without themselves fulfilling the conditions mentioned therein, or
- submit a subsequent application under Section 71 of the Asylum Act or a confirmatory application under Section 71a of the Asylum Act.
Which documents are required?
Please bring your current document from the Foreigners' Registration Office or the Federal Office for Migration and Refugees (BAMF).
What deadlines do I have to observe?
None.
Legal basis
Appeal
Appeals and lawsuits are available against negative decisions.
Who do I need to contact?
Please note our telephone consultation hours:
Monday and Wednesday from 08:00 to 12:00
Thursday from 13:30 to 15:30