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Asylum seekers; application for reimbursement of costs by district administrative authorities
The necessary costs under the Asylum Seekers' Benefits Act are reimbursed to the districts and municipalities upon application by the responsible government.
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Regierung von Mittelfranken - Dienststelle Marienstraße
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Marienstr. 21
90402 Nürnberg
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Marienstr. 21
90402 Nürnberg
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Description
According to Art. 8 Para. 3 of the Reception Act (AufnG), the governments are responsible for reimbursing costs in accordance with Art. 8 Para. 1 AufnG. On the basis of this legal standard, the Free State of Bavaria assumes the necessary costs of the district administrative authorities (districts and independent municipalities) in accordance with the Asylum Seekers Benefits Act (AsylbLG), which were provided for persons within the meaning of Art. 1 AufnG in conjunction with § 1 Asylum Seekers Benefits Act (AsylbLG) in compliance with the principles of economic efficiency and economy. In addition, the Free State of Bavaria is currently assuming the costs for the accommodation of so-called "false occupants" in decentralized accommodation of the independent municipalities in analogous application of Art. 8 AufnG. In the context of observing the principles of economic efficiency and economy, these are obliged to charge fees (obligation to reduce costs).
Entitled to apply for reimbursement of costs in accordance with Art. 8 Para. 1 AufnG (analogous) are the districts and independent municipalities which, as local authorities in accordance with § 10 AsylbLG in conjunction with §§ 12 ff. of the Asylum Implementation Ordinance (DVAsyl), are responsible for providing services in accordance with the AsylbLG and decentralized accommodation in accordance with Art. 6 AufnG for the accommodation of the above-mentioned persons and those who have not been accommodated.
At the request of the district administrative authorities to the district governments, appropriate advance payments are to be made to the districts and independent municipalities in accordance with Art. 8 Para. 1 Sentence 2 AufnG. This gives them the opportunity in advance to largely cover the costs likely to be incurred under the AsylbLG through monthly advance payments in order to relieve the municipal budgets of advance payments.
If reimbursement has been made incorrectly, the amounts paid must be refunded (Section 12 (5) DVAsyl).
Proceedings
Examination of cost reimbursement application
The claim for reimbursement is checked for factual accuracy in accordance with the AsylbLG (§§ 1 ff. AsylbLG), compliance with economic efficiency and economy and arithmetical accuracy in accordance with budgetary requirements.
Deadlines
The claim for reimbursement pursuant to Art. 8 Para. 1 Sentence 1 AufnG is excluded if the district or the independent municipality does not assert it no later than twelve months after the end of the last day for which the service was provided. Assertion in this sense is the presentation of the claim for reimbursement in terms of reason and amount. The period begins at the time when the district or independent municipality becomes aware of the provision of the service (Section 12 (4) DVAsyl).
Legal bases
Status: 29.04.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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