legal and social conditions for asylum seekers and refugees in ...

Applicants are usually accommodated in community housing (asylum centres). Accommodation
there is, in principle, compulsory. An asylum seeker is only allowed to stay with family members
or friends living in Germany if the district where he/she has been allocated has no asylum centre
and if the cost of such private accommodation does not exceed that of accommodation in a
centre.
Asylum centres are regulated by regional guidelines establishing minimum standards. However,
standards vary from one Land to another, and according to refugee-assisting NGOs, guidelines
are not always applied and controlled effectively. In some Länder, asylum seekers have nine m2
living space per person, whereas in others they may have only six m2. In most cases, families are
accommodated together in one room, whilst single people normally share rooms and facilities.
In some asylum centres, residents are provided with food or ready-made meals; in others, they
have access to kitchenettes where they can prepare their own meals and receive an allowance
for food.
The authorities of each city or local district (“Kreis”) are responsible for the conditions in their
asylum centres and must ensure that the necessary social services are provided. This function is
often delegated to charities or private organisations. In the former East German Länder, most
asylum centres are run by private organisations, and other Länder are increasingly following this
precedent. As a rule, the Land’s authorities reimburse the costs borne by the Kreis.
Accommodation in the asylum centres is also provided during the appeal procedure.
Financial assistance
The Asylum Seekers Benefit Federal Act of 1993 (“Asylbewerberleistungsgesetz”), amended in
1997 and 1998, has severely restricted assistance to asylum seekers during the first 36 months
of their stay in Germany. There are plans to extend the time for the restrictions to cover the whole
time of the asylum procedure.
In accordance with this Act, the monthly pocket money for everyday expenses has been reduced
to DEM 80 [EUR 41] per person aged 14 and over, and to DEM 40 [EUR 20.5] per person under
14. All other items essential to personal well being, such as clothes and necessities for personal
hygiene, are provided in kind unless this proves to be impractical or unfeasible for some reason.
Asylum seekers staying outside the asylum centres may receive assistance in currency or with
vouchers.
Following amendments to the Act passed in August 1998, assistance may be further reduced for
certain categories of applicants, including those whose identity is not established.
Asylum seekers are not entitled to any form of child benefit.
After this initial 36-month period, they are then entitled to the same social support as nationals,
under the Social Assistance Act (“Bundessozialhilfegesetz”).
Repayment
Work
Social benefits and accommodation costs do not need to be repaid, unless they have been
obtained under false pretences, i.e. if the asylum seeker had his/her own means.
According to Section 61(1) of the Asylum Procedure Act, asylum seekers are not allowed to work
while housed in reception centres, i.e. for the first three months following their arrival.
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