General Legal Regulations

The Asylum Seekers Benefits Act

Asylum seekers are not automatically covered by health insurance. However, this does not mean that they will not be helped in the event of illness 1. State authorities, such as the Social Welfare or Health Office, then regulate health services 2.The Asylum Seekers Benefits Act (AsylbGL) defines different levels of benefits depending on the duration and status of residence.

The Asylum Seekers Benefits Act determines the type and amount of social benefits for asylum seekers. This also includes health care benefits3.

If you would like to get an overview of the regulations defined there, you can easily navigate between the paragraphs here .The respective federal states and their authorities are responsible for the implementation of the pension benefits. Two central models need to be distinguished:

  • Support by purely government agencies: Treatment certificates
  • Support by statutory health insurance funds: electronic health card

Support by government agencies

Within the first 15 months (waiting period) after arrival in Germany, the health care of fugitives is not equivalent to the benefits of legally insured citizens 4. Some federal states regulate the health care benefits during the waiting period by issuing treatment certificates. These are issued by the Social Welfare Office or other government agencies 5. In which cases a person is entitled to the issuance of such a certificate is in fact a matter of interpretation, since § 4 and § 6 of the AsylbLG are formulated as general provisions.

According to § 4 a person is currently entitled to benefits in the following cases:
  • acute diseases and those in urgent need of treatment
  • pain states
  • pregnancy
  • vaccinations
  • preventive medical examinations 6
The National Association of Statutory Health Insurance Funds (GKV-Spitzenverband) reports on the current legal situation of the health and nursing care insurance funds in Germany. Inform yourself about changes on the GVK website at any time: open GVK website now.

Support by statutory health insurance funds

At the end of the first 15 months in Germany, fugitives are granted care by statutory health insurance funds. In this case, however, asylum seekers also have to pay co-payments for the health insurance benefits 7.Upon receiving the electronic health card, asylum seekers are entitled to almost the same benefits as legally insured citizens of Germany 8. However, the electronic health card does not exist in all federal states. You can read more about the electronic health card in the next chapters.

Exceptions

Some federal states have decided to allow asylum seekers to receive care from the health insurance funds before the first 15 months have passed. At the moment, the following federal states have made such an exception:

Berlin Brandenburg Lower Saxony North Rhine-Westphalia Schleswig-Holstein Rhineland-Palatinate

All derogations use similar approaches but differ in details. Read more about them here .

Footnotes

  1. https://www.gkv-spitzenverband.de/presse/themen/fluechtlinge_asylbewerber/fluechtlinge.jsp
  2. https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/5_Publikationen/Gesundheit/Broschueren/Ratgeber_Asylsuchende_DE_web.pdf
  3. https://www.gkv-spitzenverband.de/presse/themen/fluechtlinge_asylbewerber/fluechtlinge.jsp
  4. https://www.verbraucherzentrale.de/wissen/gesundheit-pflege/aerzte-und-kliniken/medizinische-versorgung-von-asylbewerbern-12312
  5. https://www.gkv-spitzenverband.de/presse/themen/fluechtlinge_asylbewerber/fluechtlinge.jsp
  6. https://www.gesetze-im-internet.de/asylblg/__4.html
  7. https://www.verbraucherzentrale.de/wissen/gesundheit-pflege/aerzte-und-kliniken/medizinische-versorgung-von-asylbewerbern-12312
  8. https://www.krankenkassenzentrale.de/wiki/fluechtlinge#

Project Partners

Casework is a cooperation between the Innovation in Learning Institute (ILI), the ECC Association for Interdisciplinary Consulting and Education, the INTRGEA Institute for Development of Human Potentials, and Oxfam Italy. More info…