Here you will find legal foundations such as laws, decrees and ordinances, as well as parliamentary resolutions and questions, court decisions and initial votes from the administration.
Legal basis:
Federal government:
– legislative amendments to the AsylbLG and DEUV, complete legal texts under Laws on the Internet.
– Overview of implementation in the individual federal states by the non-profit organization Gemeinnützige Gesellschaft zur Unterstützung Asylsuchender e.V. (GGUA)
Berlin:
– So far only a resolution on the introduction of the payment card, no state decree yet available. Key points: Only asylum seekers in initial reception facilities (state level), cash limit of 50 euros per person for six months, after which the cash limit will no longer apply.
Brandenburg:
– Declaration of intent to introduce the payment card at state level. Key points: Every adult asylum seeker receives a payment card, cash limit of 50 euros for adults and 25 euros for minors. The district of Märkisch Oderland has already introduced its own payment card, while the independent city of Potsdam refuses to introduce one.
Resolutions & parliamentary questions:
Berlin:
– Written questions from Elif Eralp, DIE LINKE, member of the House of Representatives on the payment card, among other things (see 03.01.2025, 23.10.2024, 09.07.2024, 26.03.2024).
Brandenburg:
– Resolution of the Potsdam City Council against the introduction of a payment card and rejection of the mayor’s draft resolution to introduce the payment card after all.
Court decisions:
Nuremberg:
– In July 2024, the 11th chamber of the Nuremberg Social Court ruled in two summary proceedings(S 11 AY 15/24 ER and
S 11 AY 18/24 ER) that the applicants’ freedom of disposition is significantly restricted by the payment card and that their minimum subsistence level is threatened.
Hamburg:
– In July 2024, the Hamburg Social Court(SG Hamburg, S 7 AY 410/24 ER) initially awards a plaintiff family a cash sum of just under €270 instead of €110 in summary proceedings. The Hamburg Regional Social Court(LSG Hamburg, L 4 AY 11/24 B ER) overturns the decision following an appeal by the authorities. The main proceedings are still pending.
– In another case concerning the legality of the payment card, no result has yet been achieved in summary proceedings before the Hamburg Social Court. The Hamburg Regional Social Court(LSG Hamburg, L 4 AY 8/24 ER) also saw no need for summary proceedings. This means that lengthy main proceedings are necessary for a decision.
– In December 2024, a family filed a lawsuit together with the Gesellschaft für Freiheitsrechte to stop the unlawful design of the payment card. The proceedings are ongoing.
Chemnitz:
– The Chemnitz Social Court ruled in favor of a single man who has been living in Germany for seven years in summary proceedings(S 20 AY 35/24 ER). The authorities transferred his social benefit to a payment card without the option of transferring it.
– In summary proceedings(S 19 AY 30/24 ER), a family that has been living in Germany for five years receives a higher cash amount for the children and more than just a payment card, but the cash amount awarded is still not enough. An action was therefore brought before the Chemnitz Social Court in December 2024.
Note: Decisions from summary proceedings and court rulings from other federal states have no legally binding effect in Berlin and Brandenburg. However, they provide an insight into how other proceedings have gone and which arguments the individual social courts have recognized or used themselves.
There is not yet any case law on the payment card at federal level (Federal Social Court, Federal Constitutional Court).
You can find out how to take legal action yourself here.
Voices from the administrations:
- Request from the Bündnis90/die Grünen parliamentary group in Braunschweig: “The administration anticipates considerable additional work resulting from the processing steps described below.”
- Small question on the expected administrative workload from the parliamentary group DIE aNDERE in Potsdam: “The introduction of the payment card in particular will cause a one-off additional expense. In addition, additional work is expected due to the current lack of an interface to the specialist procedure used, as well as in the area of exercising discretion and checking individual circumstances.”
- Statement from the Leverkusen city administration: “The introduction will lead to a considerable increase in administrative work […]. In addition, new requirements arise due to changes in the receipt of benefits. […] will lead to an additional financial burden that will not be offset by the state or other subsidies.
The introduction of the payment card will abolish an existing and functioning benefit system. Currently, around 97% of asylum seekers in Leverkusen have a current account.”