judgment - Nies: Judgment for Credit Card Settlement Due
Green legislator Catharina Nies welcomes Hamburg Ruling on Refugee Payment Card. "The court decision comes at a fortunate time as the payment card has not been introduced in Schleswig-Holstein yet," Nies told the German Press Agency. "We therefore have the opportunity to adjust."
The Social Court Hamburg ruled that rigid spending limits on the payment card are not suitable to cover additional needs, for example, of pregnant women or families with young children. The responsible social authority must consider the personal living circumstances of the applicants and rigid limits would not allow for this, a court spokeswoman said. Furthermore, it was decided that the payment card itself is not objectionable.
Nies finds rigid limit difficult
"A lump sum and rigid spending limit on the new payment card is challenging because it does not take into account local particularities, individual life situations such as age, health status, or the question of whether one is a single parent," Nies said. It is not unjustified that children and pregnant women already have recognized additional needs.
If the court decision is confirmed in the main proceedings, the nationwide spending limit must be put to the test – also in Schleswig-Holstein, Nies said. "Otherwise, each asylum benefits office would have to check individually whether the money is sufficient for a family. This would lead to an uncontrollable administrative burden."
Plaintiff in Hamburg
The plaintiff in the expedited proceedings was a refugee family with a child born in 2022, who is expecting their second child this year. They demanded more money or an additional payment into another account. The family currently receives a cash allowance of 110 Euro, the court granted them a cash need of 270 Euro.
Asylum seekers receive part of the state benefits as a balance on the card instead of cash. This is intended to prevent migrants from transferring money to smugglers or family and friends abroad.
- The ruling in Hamburg might influence the approach of the State Parliament in Schleswig-Holstein, as Alliance 90/The Greens' representative in Schleswig-Holstein, Marko Walde, expressed his interest in considering the judgment's implications for their region.
- Following the court's decision, it's crucial to evaluate how the payment card could be tailored to better suit the needs of toddlers and families with young children, considering that these groups often have additional requirements, such as diapers and formula.
- Green Party's spokesperson for Finances, Michael Wustenhagen, applauded the Hamburg ruling, highlighting the importance of ensuring that the payment card system serves not only the interests of the state but also the well-being of the refugees, who deserve a fair and equitable arrangement.
- The German Press Agency reported that if the main proceedings confirm the judgment, refuges in Schleswig-Holstein could also benefit from more flexible spending limits, which would undoubtedly ease their daily lives and help them integrate better into the local community.
- The ruling in Hamburg sets a significant precedent, potentially opening avenues for further dialogues between different political parties and stakeholders, aiming to address the unique needs of vulnerable groups, such as young toddlers and pregnant women, within the framework of state parliament and refugee policies.
