- Court rules on two claims against credit card
The Nuremberg Social Court has ruled in favor of two asylum seekers who filed suit against restrictions imposed by the payment card for asylum seekers. In an expedited procedure, the court ordered the city of Schwabach to resume transferring the monthly support payments to the plaintiffs' accounts instead of providing them only through the payment card. The decisions are not yet final.
The payment card system has been in use throughout Bavaria since late June. With the cards, purchases can be made in stores and up to 50 euros can be withdrawn in cash per month. The card is also regionally limited and not intended for online shopping. The aim is to limit the misuse of benefits and, consequently, immigration. Refugee organizations have repeatedly criticized this.
In the specific case, the plaintiff argued that she was unable to shop cheaply online or in nearby Nuremberg using the payment card. She also stated that she could not easily join associations because the membership fees had to be approved first. The second plaintiff made similar arguments.
The Nuremberg Social Court ruled this week in both cases that the authorities must exercise "discretion" in deciding how to provide benefits to asylum seekers. They must consider local peculiarities and the different living situations of the plaintiffs, otherwise they may face "significant disadvantages."
The Nuremberg Social Court spokesperson stressed that this does not constitute a statement on the fundamental permissibility of the payment card. Interior State Secretary Sandro Kirchner (CSU) stated that the decision was based on a special constellation and does not call into question the system of the Bavarian payment card as such, and therefore does not need to be revised.
According to the information, there are three more similar cases pending at the Nuremberg Social Court, all against the city of Schwabach. The Munich Social Court has not yet recorded any such cases. Most of the corresponding cases in the Free State end up in the two cities, according to the State Social Court (LSG). However, there are no pending cases regarding the payment card at the LSG as an appeals instance.
Previously, the Hamburg Social Court had ruled that the 50-euro cash limit was at least unlawful for asylum seekers with children and pregnant women. The social authority responsible for the card must consider the personal living circumstances of the applicants, and rigid limits do not allow for this, it was said. Minister-President Markus Söder (CSU) then stated that he wanted to stick to the upper limit.
The city of Schwabach was ordered to alter its restriction on transferring support payments to asylum seekers, as the Nuremberg Social Court found that the current payment card system may cause significant disadvantages for some individuals due to its limitations. Further, the plaintiffs argued that they faced difficulties in online shopping and joining associations due to the restrictions on the payment card, leading to unfavorable living situations.
