Asylum seekers; applying for benefits

Persons entitled to benefits under the Asylum Seekers Benefits Act initially receive so-called basic benefits in accordance with §§ 3, 3a AsylbLG.

If persons entitled to benefits under the Asylum Seekers Benefits Act have been living in Germany for 36 months without significant interruption and have not abusively influenced the duration of their stay themselves, they receive benefits in the same way as recipients of social welfare benefits under the German Social Code Book Twelfth (SGB XII). Children, adolescents and young adults are also entitled to benefits for education and participation.

The type of benefit granted (benefit in kind, payment card, cash benefit, non-cash settlement, etc.) depends, among other things, on the type of accommodation. Where legally permissible and possible, benefits in Bavaria are granted as benefits in kind. Otherwise, they are generally paid for using a payment card.

According to § 1 Para. 1 AsylbLG, foreigners who are actually residing in Germany and who

• have a residence permit in accordance with the Asylum Act (AsylG) (asylum seekers in ongoing proceedings),
• have submitted an application for asylum (and do not fulfill any other criteria of § 1 Para. 1 AsylbLG),
• wish to enter the country via an airport and are not or not yet permitted to enter the country (asylum seekers in the airport procedure),
• have a residence permit in accordance with §§ 23 para. 1, 24, 25 para. 4 sentence 1 or para. 5 of the Residence Act (AufenthG),
• have a tolerated stay permit in accordance with § 60a AufenthG,
• are obliged to leave the country (e.g. rejected asylum seekers),
• spouses, life partners or underage children of the aforementioned groups of persons, or
• have submitted a subsequent application in accordance with § 71 AsylG or a second application in accordance with § 71a AsylG, or

have a residence permit in accordance with Section 24 (1) AufenthG that was issued to them after February 24, 2022 and before June 1, 2022, or a corresponding fictitious certificate in accordance with Section 81 (5) in conjunction with (3) or (4) of the Residence Act, which was issued after 24 February 2022 and before 1 June 2022, and who have not undergone an identification procedure in accordance with Section 49 of the Residence Act or Section 16 of the Asylum Act, nor whose data has been stored in accordance with Section 3 (1) of the AZR Act; the requirement for an identification procedure does not apply if an identification procedure is not provided for in accordance with Section 49 of the Residence Act.