Apply for benefits under the Asylum Seekers Benefits Act

  • Service description

    If you do not have German citizenship and do not belong to an EU member state and are staying in Germany, you can receive benefits under the Asylum Seekers Benefits Act under certain conditions. These are the so-called basic benefits, benefits for illness, pregnancy and childbirth as well as other benefits.

    The basic benefits are intended to cover the necessary needs to ensure subsistence. This means, for example, food, accommodation, heating, clothing, personal hygiene and household goods. In addition, benefits for necessary personal needs are possible, which are intended to ensure participation in social life.

    Pregnancy and childbirth benefits also supplement additional needs for expectant mothers. This can be, for example, maternity clothing or initial baby equipment (e.g. nappies and a changing bag).

    Healthcare benefits are intended to ensure your healthcare if you are not insured with a health insurance fund. Healthcare is treatment by a doctor if you are acutely ill or suffering from pain. You can also receive the necessary immunisations (e.g. against influenza) and medically necessary check-ups. Check-ups are regular examinations to recognise and treat illnesses at an early stage.

    Other benefits are aimed in particular at special cases. These can be special benefits to ensure subsistence or for children's needs, for example school supplies and integration assistance for disabled children. Integration assistance helps people to participate in community life. Benefits for certain interpreter costs and costs for obtaining a passport are also possible.

    The benefits are possible if your available income and assets have been used up or are insufficient and you do not receive any benefits under SGB II/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 your partner or spouse and (underage) children.

    Benefits under the Asylum Seekers Benefits Act can be provided as benefits in kind or in cash. Depending on your living situation and the place where you are staying, the type and amount of benefits granted may vary. In addition to payment in kind or in cash, payment is also possible in the form of vouchers or in other ways.

    The costs of accommodation and heating are usually taken into account by the responsible organisation when calculating your entitlement. Whether support is provided in the form of cash or benefits in kind 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

    Benefits under the Asylum Seekers Benefits Act can be applied for informally. It is advisable to arrange a personal appointment for counselling with your responsible office. Please take all the necessary documents with you to the appointment.

    • You submit the application to your local office or via the online portal.
    • You submit the required evidence.
    • The competent authority will check your application and calculate your requirements.
    • The competent authority will decide on your application and inform you of the result. You will receive a corresponding notification from your competent authority.
    • If your application is approved, you will receive a notification of approval. If it is rejected, you will receive a rejection notice.
    • In both cases, the notification contains the reasons for the decision. It also contains information about the possibility of lodging an appeal against the decision. It also contains information on the deadline within which you can lodge an appeal.
    • The notice of authorisation contains the amount of the benefit to be paid and the start date of payment. From the date stated, the benefits to which you are entitled will generally be made available to you by the competent institution at the beginning of the month. Payment may vary depending on the individual case, for example by bank transfer, cash payment, payment order for offsetting, cash card, cash cheque or vouchers.
    • For healthcare services: Depending on your competent authority, you will receive either a treatment voucher or an electronic health card.
      • Treatment voucher: You present the treatment voucher to your doctor within the deadline and receive treatment. If you require further healthcare services, you will usually have to submit a new application. You can obtain further information on benefits and the treatment voucher from your insurance provider.
      • Electronic health card: You present the health card to your doctor and receive treatment. If you need health services again, you can visit the doctor directly and do not need a new application.

    Please note: You are obliged to inform your competent authority immediately of any changes in your personal and financial circumstances.

  • Prerequisites

    • You come from a third country and are not a national of an EU country.
    • You are staying in Germany.
    • You fulfil one of the following criteria
      • You have a residence permit in accordance with the Asylum Act.
      • You want to enter the country via an airport and entry is not (yet) permitted.
      • You have a residence permit in accordance with §§ 23 (1), 24, or 25 (4) sentence 1 AufenthG.
      • They have a residence permit in accordance with § 25 (5) AufenthG, provided that the decision on the suspension of their deportation was made less than 18 months ago.
      • You have a tolerated stay permit according to § 60a AufenthG.
      • Your toleration has expired.
      • You are the spouse, partner or minor child of the above-mentioned persons.
      • You submit a subsequent application in accordance with § 71 AsylG or a second application in accordance with § 71a AsylG.
      • You have applied for a residence permit but have not yet received a decision from the Aliens Department.
    • You have exhausted the income and assets at your disposal or these are not sufficient to cover your living expenses.
    • You are not entitled to basic benefits for jobseekers (SGB II) or to assistance with living expenses or basic benefits in accordance with the Twelfth Book of the German Social Code (SGB XII).
    • You are not entitled to statutory health insurance (e.g. family insurance).

    If you apply to a local authority, you must have your habitual residence in this municipality or be assigned to this municipality.

  • Which documents are required?

    • Completed application form
    • Proof of current residence (e.g. passport, residence permit, tolerated stay)
    • Proof of assets (e.g. account statements for accounts and investments at home and abroad, vehicles, jewellery, real estate)
    • Proof of income of all family members in the household (e.g. payslips, pension statements, child benefit, BAföG, maintenance advance)
    • Proof of health and long-term care insurance, if applicable
    • Performance-related evidence, if applicable
      • Maternity passport
      • School certificate
      • Cost estimates
      • In the case of administrative obligations to co-operate: Notices and requests from the foreigners authority
    • If applicable, proof of insurance and travel expenses (for gainful employment)
    • If applicable, proof of previous social benefits (cancellation notice from the job centre, employment notices from other municipalities)
    • If applicable, rental agreement and proof of current rent, heating costs and electricity
    • If applicable, marriage certificate, divorce decree, proof of spousal support

    If applicable, proof of access rights (for parents living separately in Germany)

  • What deadlines do I have to observe?

    You can receive the benefits if the authority recognises your need for help.

    The deadlines set by the competent authority for the submission of documents must be adhered to. If you are unable to do so for understandable reasons, you must apply for an extension of the deadline. Otherwise, the competent authority may refuse you the benefit due to non-compliance with your statutory obligations to co-operate.

    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

  • Typing

    3a;3b

  • Library entry status

    5

Responsible departments