Asylum seekers are entitled to reception conditions from the moment they make their asylum application (Asylgesuch) in accordance with the Asylum Seekers’ Benefits Act (Asylbewerberleistungsgesetz).[1] They do not receive the full benefits, however, until they formally gain the status of an asylum seeker through the issuance of an arrival certificate (Ankunftsnachweis) at the reception centre to which they have been assigned to.[2] In practice, this usually happens within a few days after they have reported to the authorities (see also Registration of the asylum application).[3]
Foreigners remain entitled to these reception conditions, at a minimum, as long as they have the status of asylum seeker. After a rejection, asylum seekers usually retain their status for the duration of the appeal proceedings. If the asylum application has been rejected as ‘manifestly unfounded’ or ‘inadmissible’, however, and their request for suspensive effect is rejected, asylum seekers will lose their status and will instead be issued a temporary suspension of removal, also known as ‘tolerated stay’ (Duldung). In spite of its title, the Asylum Seekers’ Benefits Act does not only apply to asylum seekers, but also to people with a Duldung and even to certain groups of people who have been granted a temporary residence permit.[4]
In this context, the Asylum Seekers’ Benefits Act also applies to those asylum seekers whose asylum application in Germany has been rejected as inadmissible and whose obligation to leave the territory is enforceable (‘vollziehbar ausreisepflichtig’).[5] This means that the rejection is final, thus the asylum seeker has usually gone through an appeals process. Following the legislative reforms of August 2019, persons who have already been granted international protection in another EU Member State are exempted from this rule and should be excluded from all social benefits after a transition period of two weeks, except for those falling under the hardship provision (see Reduction or withdrawal of reception conditions below).[6]
As a rule, asylum seekers receive both non-cash and cash financial benefits only in the town or district to which they have been assigned to.[7] Accordingly, they will not be entitled to benefits in other parts of Germany, unless they get permission by the authorities to move there (see also Freedom of movement).
The receipt of cash (and its amount) has been heavily debated over the course of the past two years. Some parties find it a pull factor and want to further cut the benefits. To reduce the reputed ‘pull factors’, the Federal States have decided to introduce the so-called Bezahlkarte (‘payment card’) for asylum seekers.[8] On 16 May 2024, the Bezahlkarte officially became a way of providing social benefits under the Asylum Seekers’ Benefits Act. Fourteen Federal States have decided to coordinate the introduction of the payment card, while Bavaria and Mecklenburg-Western-Pomerania decided to organise their own procedure. In Bavaria, the payment card has been introduced and was fully implemented by June 2024,[9] Mecklenburg-Western-Pomerania started to roll out the payment card in January 2025.[10] Because the EU-wide tender procedure (Ausschreibungsverfahren) for the issuance of the payment card was delayed,[11] some districts in Rhineland-Palatinate, Brandenburg Saxony and Thuringia started to implement their own systems throughout 2024, leading to a variety of different practices. The full rollout of the payment card across the 14 coordinating States will start in January 2025.
At first glance, this card is supposed to function as any other debit card – asylum seekers can pay ‘normally’ at any card payment terminal in restaurants or supermarkets. However, transfers from card to card or to foreign countries should not be possible and cash withdrawal is limited to, in most cases, € 50 per month.[12] The introduction of the payment card was therefore criticised by civil society who argue that its restrictions can lead to the social benefits being below the minimum subsistence level (Existenzminimum). The payment card is not accepted everywhere and the limit of € 50 cash withdrawal per month restricts beneficiaries in their freedom to make use of many goods and services that can only be paid for in cash.[13] In first court appeals, the social courts in Hamburg and Nuremberg had found that the general limits on the cash withdrawal to be unlawful as personal circumstances have to be considered.[14] However, in a subsequent appeal in Hamburg[15] as well as a ruling in Munich, the claims against the implementation of the card were rejected.[16] Other cases are still pending. Civil society organisations argue that the need for individual assessments and the requirement of having to process individual applications on additional transfers in a timely manner create a substantial additional administrative burden. With the full rollout of the payment card only starting in 2025, the developments and legal appeals should be monitored.
Assessment of resources
If asylum seekers have an income or capital at their disposal, they are legally required to use these resources to cover the costs of their accommodation and legal care themselves before they can receive benefits under the Asylum Seekers’ Benefits Act.[17]
This includes the possibility for authorities to seize an amount of cash or valuable objects upon arrival at the reception centres.[18] The amount of money which is seized varies across the Federal states. In Baden Württemberg, for example, up to 200 euros can be kept by the person, while any amount above that may be used by the authorities to cover the costs of accommodation and legal procedure up to a maximum of € 5,000.[19]
[1] Section 1 (1) Asylum Seekers’ Benefits Act.
[2] Section 11 (2a) Asylum Seekers’ Benefits Act.
[3] Section 63 (1) Asylum Act.
[4] Section 1 Asylum Seekers’ Benefits Act.
[5] Section 1 (1) Nr.4 Asylum Seekers’ Benefits Act.
[6] Section 1 (4) Asylum Seekers’ Benefits Act.
[7] Section 10 and 10a Asylum Seekers‘ Benefits Act.
[8] Sz.de, Bezahlkarte für Flüchtlinge kommt bundesweit, 31 January 2024, available in German at: https://bit.ly/42Ogpww.
[9] Bavarian Government, ‚Kirchner zum bayernweiten Rollout der Bezahlkarte für Asylbewerber‘, 27 June 2024, available in German here.
[10] Mecklenburg-Western-Pomerania Ministry of the Interior, Construction and Digitalisation, ‘MV startet Ausgabe der Bezahlkarten in der Erstaufnahmeeinrichtung‘ 28 January 2025, available in German here.
[11] ‘Einführung der Bezahlkarte verzögert sich weiter’ (Tagesschau, 29 August 2024), available in German here.
[12] ‘So läuft das nicht: Die lange Liste der Probleme mit der Bezahlkarte‘ (PRO ASYL, 09 October 2024), available in German here.
[13] ‚FAQ zur Bezahlkarte‘ (Gesellschaft für Freiheitsrechte, 4 December 2024), available in German here.
[14] ‘Mit der Bezahlkarte unter das Existenzminimum‘ (Gesellschaft für Freiheitsrechte, accessed 01 February 2025), available in German here.
[15] Ibid.
[16] LTO, ‘Bezahlkarte für Asylbewerber verfassungskonform‘ (Legal Tribune Online, 7 March 2025), available here.
[17] Section 7 Asylum Seekers’ Benefits Act.
[18] Evangelischer Pressedienst (epd), Flüchtlinge müssen auch in Deutschland ihr Bargeld abgeben, 21 January 2016, available in German at: http://bit.ly/3QZMCuP.
[19] Zeit Online, ‘Flüchtlinge müssen Wertsachen abgeben – warum eigentlich?‘ (11 February 2025), available here.