On the draft bill of the Federal Government for a third law amending the law on benefits for asylum-seekers : Statement of the IAB on the public hearing in the Committee for Labour and Social Affairs of the German Bundestag on June 3, 2019

Abstract

"The present statement refers to the public hearing in the Committee for Labour and Social Affairs of the German Bundestag on 3.6.2019. It addresses the draft bill of the Federal Government to amend the Asylum Seekers Benefits Act, which implements several changes to the existing legal basis for benefits entitlement of asylum-seekers and refugees. The overarching objective of the draft law is the integration of refugees in Germany. The changes can essentially be summarized in three points. First, the reversal of benefit claims for asylum seekers, tolerated persons and holders of certain humanitarian residence permits whose asylum applications have been approved but can still be revoked, will be avoided. This amendment is to be welcomed as it increases legal stability for beneficiaries. Second, a funding gap will be closed for asylum-seekers and tolerated persons who are enrolled in education or training eligible for public funding. This concerns beneficiaries whose legal basis for benefit entitlement changes after a 15-month stay as a result of the transition from the scope of the Asylum Seekers Benefits Act to the Twelfth Social Code. This is intended to prevent training measures from being discontinued or not even started due to a lack of livelihood security. The change is also useful, as it will save refugee a possible trade-off between securing their livelihood and acquiring education. Third, the benefits for asylum-seekers are to be recalculated and determined on the basis of the 2013 income and consumption sample and the regular requirements assessment law. The background is the requirement of the Federal Constitutional Court, which requires the legislator to measure the benefit rates transparently, in line with needs and to update them. In particular, it was emphasized that the legislature may take into account the special features of certain groups of persons when determining a minimum subsistence level that is dignified for human beings, but may not differentiate according to residence status in the concrete design of benefits to secure subsistence. On the one hand, the new determination of needs is transparent as far as the calculation of benefit rates is concerned. On the other hand, however, savings are achieved by removing several expenses from the requirements and reorganizing the requirement levels. Against the background of the requirement of the Federal Constitutional Court, the justification for these reduced entitlements is partially unconvincing." (Author's abstract, IAB-Doku) ((en))

Cite article

Brücker, H., Keita, S. & Vallizadeh, E. (2019): Zum Entwurf der Bundesregierung eines dritten Gesetzes zur Änderung des Asylbewerberleistungsgesetzes. Stellungnahme des IAB zur Anhörung im Ausschuss für Arbeit und Soziales des Deutschen Bundestags am 3. Juni 2019. (IAB-Stellungnahme 09/2019), Nürnberg, 13 p.