Back in 2019, single long-term asylum seekers living in shared accommodation provided directly by the government (such as asylum centers or reception centers) had their social benefits cut by 10%. The government argued that by living together with other people, they could save money by shopping and cooking as a group.

Later that year, Germany's Federal Constitutional Court ruled that this was unconstitutional, as it left individual asylum seekers below subsistence standards as defined by law. 

According to that ruling, single refugees and migrants living in shared accommodation should also receive the same amount of money to live on as other single asylum seekers, who live outside such government-run arrangements. 

It has now been confirmed that the reversal of the benefit cap applied to all asylum seekers, regardless of how long they had been in Germany, and therefore regardless of what set of legislation may apply to their individual status.

Read more: Germany: Welfare claims from asylum seekers drop sharply

Ruling to apply to all asylum seekers

The case that resulted in the Federal Constitutional Court issuing the decision was based on a Sri Lankan national, who had been living in shared accommodation near the German city of Düsseldorf for five years.

However, at first it appeared that there might be a caveat for some asylum seekers. According to a number of laws governing the benefits, which various groups of asylum seekers are entitled to have, the case of the Sri Lankan man applied only to those asylum seekers who had been in Germany for at least 18 months. 

Initially, it appeared that the reinstatement of the full amount of benefits would only directly affect this group, leaving those who had been in Germany for less than 18 months out of the arrangement.

Read more: What is the difference between refugee status and subsidiary protection?

Some states slow on the uptake

However, various German states including Bavaria, Hesse and North Rhine-Westphalia started to apply the decision to all single asylum seekers after examining the reasoning of the Federal Constitutional Court.

A spokeswoman for the Bavarian Interior Ministry explained that the Federal Constitutional Court's reasoning as to why the capping of benefits for single asylum seekers living in shared accommodation was unconstitutional applied to all asylum seekers, i.e. the fact that they would fall below the the line of minimum subsistence standards.

Therefore, it deduced that all single people receiving asylum-related benefits in Germany are entitled to have the full amount, including those who have not lived in Germany for 18 months yet.

Germany's federal states are in charge of applying the decision without the central government getting involved. However, there are reports saying that in some states, it might still take a few weeks before the changes are applied, as there are outstanding questions to be addressed with officials in Berlin.

Read more: Germany: Generous welfare attracts migrants, says opposition leader

with dpa