Hamburger 'SocialCard' - Social court rejects complaint against prepaid card
The Land Social Court Hamburg dismissed the complaint of an asylum seeker against the limitation of cash withdrawal to 50 Euro using the refugee card. In its final and binding decision, which was obtained by the German Press Agency, the court states that the cash withdrawal regulation does not result in significant disadvantages for the applicant. Previously, the plaintiff had failed in the first instance with his complaint.
The court considers it reasonable for the applicant to "at least temporarily, during the duration of his stay in the reception facility, where his necessary needs are met through benefits, to receive the benefits granted to him under the Asylseekers Benefits Act (AsylbLG) for personal needs on a payment card, for which a cash withdrawal limit of 50 Euro applies." According to the decision.
Court: 50 Euro in cash sufficient for personal needs
Constitutionally, it is fundamentally permissible to secure the minimum existence through money as well as through goods or services. "The payment card allows the applicant to withdraw a part of the benefits for personal needs in cash and pay the remaining part for goods and services anywhere where payment with a visa credit card is possible," the court further explains. Thus, the applicant had sufficient options to cover his necessary personal needs.
In the case of a refugee family, the social court had come to a different decision in a previous expedited procedure - but only in the preliminary proceedings. Here, it was decided that rigid cash withdrawal limits were not suitable for covering additional needs, such as those of pregnant women or families with young children.
Refugee family successful in expedited procedure with complaint
The applicant in the expedited procedure was a refugee family with a child born in 2022, who were expecting their second child in the same year. They demanded more cash or a payment of the additional needs to another account. The family currently receives a cash allowance of 110 Euro. The court granted them a cash requirement of 270 Euro.
Decisions in expedited procedures are preliminary and in this specific case not yet legally binding. The interior and social authorities had announced that they would examine the complaint. The current practice was to be maintained.
A court spokeswoman referred to the individual case after the decision and emphasized that the cash withdrawal regulation of the payment card should not be criticized in general. It should not be assumed that the decisions would have effects on other cases or the payment card regulations of other federal states. The card is also not dishonorable and it complies with the social trend to pay everywhere with a card.
The spokesperson of the interior authorities confirmed to the dpa that the Hamburg SocialCard had been confirmed by the decision. "The design of the Hamburg SocialCard is lawful. The same applies to the defined cash withdrawal limit of 50 Euro."
The spokesperson of the interior authorities confirmed to the dpa that the Hamburg SocialCard had been confirmed by the decision. "The design of the Hamburg SocialCard is lawful. The same applies to the defined cash withdrawal limit of 50 Euro."
Adult performance recipients get 185 Euro written off on their maps monthly. Of this, up to 50 Euro monthly per adult and 10 Euro additionally per child in families can be withdrawn in cash from ATMs.
- The German Press Agency reported the Land Social Court's decision in Hamburg, dismissing a complaint by an asylum seeker over cash withdrawal limits using the refugee card.
- The court's judgment, stating that the cash withdrawal regulation doesn't significantly disadvantage the applicant, allowed a 50 Euro cash withdrawal for personal needs.
- In a previous expedited procedure, a refugee family successfully complained about rigid cash withdrawal limits, receiving a higher cash requirement for additional needs.
- The Land Social Court in Hamburg determined that the cash withdrawal regulation for the payment card is fundamentally permissible, securing the minimum existence through money.
- The German interior and social authorities announced they would examine the complaint, maintaining the current practice and confirming the legality of the Hamburg SocialCard and its 50 Euro cash withdrawal limit.
- Adult performance recipients have a monthly written-off amount of 185 Euro on their maps, with up to 50 Euro and 10 Euro for children's cash withdrawals from ATMs.
