What regulations have applied to refugees from Ukraine so far?
The CDU/CSU and SPD had already agreed in the coalition agreement that refugees with a right of residence under the Mass Influx Directive - regulated in Germany by Section 24 of the Residence Act (AufenthG) - should only receive benefits under the Asylum Seekers Benefits Act in future. This affects all those who entered Germany after April 1, 2025.
Explanation: The EU-wide mass influx directive came into force shortly after the start of the Russian war of aggression against Ukraine in 2022. It allows Ukrainians to enterGermany or other EU countries without aformal asylum application.
As they are therefore not considered asylum seekers, Ukrainians have access to the labor market and are entitled to citizens' benefits if they are in need.
What will the law change for Ukrainian refugees?
The draft bill is not yet publicly available, so many details are still unknown. Just this much:
Under the new law, Ukrainians who enter Germany after April 1, 2025 will in future receive benefits under the Asylum Seekers' Benefits Act - instead of the previous citizen's allowance. For single persons, this means a monthly rate of 441 euros instead of 563 euros under the citizen's allowance.
Health benefits are also to be restricted under the Asylum Seekers Benefits Act. Like asylum seekers, those affected will only receive basic benefits. However, it should still be possible to continue medical treatment that has already begun.
Will there be a transitional arrangement?
However, nothing will change for the more than 1.2 million Ukrainians who found protection in Germany before April 1, 2025. They will retain their entitlement to citizen's allowance. Children and young people who receive citizen's allowance will also not be affected by the new law.
As Der Spiegel also reports, there is to be a transitional arrangement. According to this, Ukrainians who come to Germany between April 1, 2025 and the entry into force of the new law will continue to receive citizens' income.
The prerequisite for this is that the benefits were granted by the immigration authorities on the basis of a fictitious certificate. In this case, citizen's allowance is paid until the end of the approval period, but until May 31, 2026 at the latest.
According to Der Spiegel, Federal Minister of Labor Bärbel Bas wants to prevent benefits that have already been paid from having to be offset at great expense. This could mean that Ukrainian citizenship benefit recipients who entered the country after the cut-off date would probably not have to pay back overpaid benefits.
When will the law come into force?
The proposal has not met with approval everywhere. Bavaria's Minister President Markus Söder (CSU) recently called for not only new arrivals, butall Ukrainian refugees living in Germany to be switchedto asylum seeker benefits. However, Federal Minister of Labor Bärbel Bas rejects this.
Before the law can come into force, it first goes to the other federal government departments for approval, then to the cabinet and then to the Bundestag and Bundesrat. Both bodies - Bundestag and Bundesrat - must give their approval. This requires several rounds of consultation.
A date for the first consultation in the Bundestag is not yet known. The law is expected to be passed by the end of the year.
Conclusion
Newly arriving Ukrainian refugees from April 1, 2025 are to receive asylum seeker benefits instead of citizen's allowance. For single people, this means a monthly rate of 441 euros instead of 563 euros. The law also restricts healthcare benefits.
Anyone who has already found protection in Germany before April 1, 2025 will continue to receive citizen's allowance if they need it. The law is subject to approval in the Bundestag and Bundesrat and is expected to be passed by the end of the year.
