judgment - Court: Unlawful flat fee for debit card payment
The Social Court Hamburg has ruled that fixed Bargeld limits on the payment card for Asylseekers are not suitable to cover additional needs, for example for pregnant women or families with young children. The responsible social authority must consider the personal living circumstances of the applicants and fixed limits would not allow for this, said a court spokeswoman of the German Press Agency.
The card itself is not objectionable
At the same time, it was decided that the payment card itself is not objectionable. "That is an important message," the spokeswoman added. The card is not dishonorable and it also conforms to the societal trend of paying everywhere with a card.
The applicant in the expedited procedure was a refugee family with a child born in 2022, who is expecting a second child this year. They demanded more cash or a deposit of the additional needs into another account. The family currently receives a cash allowance of 110 Euro, the court granted them a cash requirement of 270 Euro.
This decision is not expected to have effects on other federal states or cases
The court spokeswoman did not assume that this individual decision would have effects on other federal states or cases. On the one hand, because the court made the decision in first instance and on the other hand, because the decision was made in expedited procedure. The decision is therefore initially provisional. The decision is not yet legally binding.
Asylseekers receive a portion of the state benefits as a balance on the payment card instead of cash. This is intended to prevent migrants from transferring money to smugglers or family and friends abroad.
Social Authority: Decision does not change the previous model
The decision of the court does not change the previous model in Hamburg, the Social Authority stated in response to a request. Neither the legality nor the system of the Hamburg payment card is being challenged. "The court also does not consider a fixed Bargeld limit per se to be legally invalid." The Authority will now check whether it will file an appeal against the court's decision on July 18. An appeal can be filed until mid-August.
The court's decision specifically affects a refugee family's cash allowance, increasing it from 110 Euro to 270 Euro due to their additional needs.The judge speaker in the Social Court Hamburg clarified that the payment card is not considered dishonorable or against social norms, emphasizing its convenience.Despite the court's decision, the Social Authority in Hamburg maintains that the previous model of providing a portion of state benefits on a payment card instead of cash remains valid, and no legal challenge to the system has been made.The family's demand for additional cash or a separate account for their additional needs was granted based on their unique circumstances, which the court found could not be adequately covered within the fixed Barge loading boundary.
