On the Constitutional Review of the Asylum Seekers' Benefits Act. Statement of the IAB (4.10.2022) on the proceedings of the Federal Constitutional Court

Abstract

"With this statement, the IAB takes the opportunity to comment on the constitutional review of the Asylum Seekers’ Benefits Act (AsylbLG). The focus is on empirical evidence on the needs-related shortages and additional requirements of persons entitled to benefits under the AsylbLG as well as on possible relationships between the level of benefit rates and the residence status or duration of stay in Germany. In general, the provisions of the AsylbLG to be examined concern the granting of benefits to cover necessary needs and necessary personal needs by means of non-monetary benefits or vouchers (instead of cash benefits). This is a deviation from the basic system of orienting benefit rates to those for recipients of basic benefits under Social Code Book II or Social Code Book XII. In particular, it is assumed that the needs of asylum seekers who are living in shared accommodations are lower. The presumption that persons living in shared accommodations form a cohabitation similar to married couples and other partners does not seem realistic. In addition, cuts are made to benefit rates for leisure, entertainment, cultural activities (Division 9) and education (Division 10). The empirical evidence summarized in this statement suggests that cuts in benefit rates in these areas have a detrimental effect on the integration of asylum seekers into society and the labor market. The reduction of benefit rates for asylum seekers compared to benefit recipients under SGB II or SGB XII takes place in the context of a societal discussion about the incentives, so-called pull effects, of social transfer benefits under the AsylbLG. However, the fear that the level of benefit rates under the AsylbLG systematically influences incentives to migrate to Germany or to return to the asylum seekers’ countries of origin – i. e., the length of stay and residence status – is not supported by robust empirical findings from migration research." (Author's abstract, IAB-Doku) ((en))

Cite article

Brücker, H. & Jaschke, P. (2022): Zur verfassungsrechtlichen Prüfung des Asylbewerberleistungsgesetzes. Stellungnahme des IAB vom 4.10.2022 zum Verfahren des Bundesverfassungsgerichts. (IAB-Stellungnahme 06/2022), Nürnberg, 16 p. DOI:10.48720/IAB.SN.2206