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Use of state accommodation and other benefits in kind; charging of costs

The Zentrale Gebührenabrechnungsstelle (zGASt) collects costs and user fees for the use of state accommodation and other benefits in kind.

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Regierung von Unterfranken - Zentrale Gebührenabrechnungsstelle

Regierung von Unterfranken

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Sondheimer Straße 9
97638 Mellrichstadt

Postal address

Sondheimer Straße 9

97638 Mellrichstadt

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Procedure details

The zGASt is a branch office of the government of Lower Franconia and is primarily responsible for collecting costs for the use of state accommodation.

In this respect, immigrants who have the right to stay and live in state accommodation are liable for the costs. In addition to the traditional recognized refugees, this also includes those from resettlement and humanitarian admissions, former Afghan local workers and particularly vulnerable persons from Afghanistan as well as ethnic German repatriates and Jewish emigrants. Asylum seekers who make use of state accommodation and have income or assets are also eligible for cost reimbursement.

The term "costs" includes the fees and lump sums for the use of state accommodation on the one hand and the expenses for any meals on the other. The amount of the respective monthly fees or lump sums for accommodation and meal expenses are determined by the zGASt on a case-by-case basis and are usually set monthly by means of a notice. The fee or lump sum for accommodation depends on the room category occupied. Specifically, § 23 Para. 1 Sentence 1 DVAsyl results in the following fee amounts or lump sums for persons of legal age:

Self-contained accommodation units € 161.00

Single room € 152.00

Multi-bed rooms with up to four beds € 86.00

Multi-bed rooms with five beds or more and other accommodation € 71.00.

For minors, the following fee amounts or lump sums result from § 23 para. 1 sentence 3 DVAsyl:

Self-contained accommodation units € 80.00

Single room € 72.00

Multi-bed rooms with up to four beds € 52.00

Multi-bed rooms with five beds or more and other accommodation € 42.00.

The zGASt monitors the receipt of the cash benefits and also carries out the enforcement in cooperation with the Bavarian State Treasury.

Procedure

Beneficiaries under the Asylum Seekers' Benefits Act (AsylbLG) with income/assets

The Free State of Bavaria provides asylum seekers with accommodation, household energy and, in some accommodation facilities, food for the duration of their asylum procedure as benefits in kind under the Asylum Seekers' Benefits Act (AsylbLG).

Persons entitled to benefits under the AsylbLG who have income/assets are obliged to reimburse the costs of accommodation, heating and household energy and, if applicable, meals in the asylum accommodation or to pay fees, taking their income/assets into account (Section 7 (1) sentence 3 AsylbLG/Section 22 (1) and (2) DVAsyl). Payment by the job centers is excluded by law, and the AsylbLG does not provide for payment by the social welfare office either. The calculation based on income and assets ensures that asylum seekers are not overburdened. When determining the available income or assets, other benefits in kind such as clothing and healthcare can be taken into account.

If the debtor is not in a position to pay the costs in one amount, the zGASt can grant a deferral or payment in installments upon request.

Procedure after obtaining a right to stay

The outcome of the asylum procedure determines whether and from what point in time user fees must be paid for the use of state accommodation or for meals. If the asylum seeker is granted the right to stay, the benefits under the AsylbLG cease and the person concerned is obliged to move out of the accommodation. As long as they cannot find other accommodation on the free housing market, they will be allowed to continue living in state accommodation for the time being. However, they are then obliged to pay fees for the use of this state accommodation and, if applicable, to reimburse expenses for meals provided.

The entitlement to benefits ceases at the end of the month in which the decision of the Federal Office for Migration and Refugees on recognition as a person entitled to asylum pursuant to Art. 16a GG, § 2 Asylum Act (AsylG) or on the granting of refugee status pursuant to § 3 AsylG or subsidiary protection within the meaning of § 4 AsylG is received. If there is a ban on deportation in accordance with § 60 Para. 5 or Para. 7 Residence Act, the entitlement to benefits ends at the end of the month in which a residence permit is issued for the first time.

Benefits in accordance with the Second Book of the Social Code (SGB II) or the Twelfth Book of the Social Code (SGB XII) are available from the Jobcenter/Social Welfare Office. Recognition of the costs of accommodation as requirements for accommodation and heating is possible under certain conditions: The person concerned must have submitted an application for benefits to secure their livelihood to the Jobcenter/Sozialamt during the month in which the notice of costs was issued. In addition, they must be in need of assistance, i.e. they must not be able to secure their livelihood from their income or assets, or not sufficiently, and must not receive the necessary assistance from others. People who are basically independent of SGB II benefits (in particular due to employment) may also be entitled to benefits from the Jobcenter in individual cases. The only decisive factor here is the date on which the accommodation costs fall due, which occurs when the cost assessment notice is issued. Therefore, costs for past periods can also be covered by the Jobcenter/Sozialamt.

Expenses for food and household energy are not accommodation costs, but are or were covered by the Jobcenter/Sozialamt as a cash benefit during the current period of receipt. Reimbursement by the Jobcenter/Sozialamt is therefore not possible.

Frequently asked questions/answers about the changes to DVAsyl can be found under "Further links".

CURRENT INFORMATION ON THE PROVISIONAL SUSPENSION OF THE COLLECTION OF FEES

The Bavarian Administrative Court (BayVGH) has declared individual provisions of the fee regulation of § 23 DVAsyl invalid in the context of a norm control procedure. As a result of this, the collection of fees has been temporarily suspended until further notice.

1) How does it go on now with the fee account?

Due to the ineffectiveness of § 23 paragraph 2 sentence 3, 2nd half and sentence 5 DVAsyl, the collection of fees is suspended with immediate effect until further notice. Therefore, no more fee notices will be issued and sent out at this time. Also an enforcement of the fee demands does not take place. A new regulation is already being prepared so that the collection of fees for the use of state asylum accommodation can be resumed in the near future. It is not possible to say at this point when such a new legal basis can be expected.

2. Do I still have to pay (e.g. approved instalments)?

No further payments have to be made until further notice. The cessation of payments has no negative effects. There will be no enforcement of the claims.

3. will I get back my payments for the past?

The effects of the BayVGH's decision on payments already made in the case of notices that have become final are currently being reviewed. If the review shows that we are obliged to refund the fees already paid, we will of course do so. However, we ask for your understanding that we are not yet in a position to make a statement on this matter until the matter has been finally clarified. For the time being, no further action has been taken by the party liable for costs.

4. Do I still have to lodge an objection/appeal against my current
refund/fee notice?

No. Notices that are not yet final will be cancelled or corrected ex officio.

5. the tax office has withheld my tax refund, do I
now get this back from you?

See question 3.

6. i have received a reminder, what should i do now?

You do not have to do anything. Reminders can be considered irrelevant. We have already informed the Bavarian Higher State Treasury, so no further reminders or enforcement measures will be taken.

7. do I have to inform the Jobcenter that no
costs of accommodation are to be transferred in the future?

Yes, please inform your Jobcenter that from now on there will be no more billing of fees. The Bavarian State Ministry of the Interior, for Sport and Integration has already informed the job centres in Bavaria. However, if the payment run for the month of May 2021 can no longer be stopped, we will transfer the accommodation fees directly back to the Jobcenter.

8. i have filed a complaint/appeal against my notices, what
happens now?

Please contact our legal aid office, Ms Lang (0931-380 6002). She will be able to provide you with information on the status of the legal action and on how to proceed.

9. will no fees
be charged in principle in the future?

The concrete structuring of the fee determination in the DVAsyl is in parts ineffective. However, the charging of fees for the use of accommodation is fundamentally possible and also necessary and will therefore be carried out again after a new regulation has been created.

Status: 11.10.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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