Subsistence benefits in accordance with the German Social Code, Parts II and XII

Trafficked persons may be entitled to benefits under the German Social Code, Parts II or XII. However, the prerequisites for these benefits are very narrowly defined and sometimes interpreted differently. Consequently, the manner in which the federal states handle the cases also varies. For instance, individuals entitled to benefits may include the following:

• Persons whose usual place of residence is Germany;
• Persons who have access to the labour market on the basis of their notice of temporary stay or due to their residence permit (and who have been in employment subject to contributions for at least one year);
• Persons from the new or old EU states, as long as they were granted access to the labour market (and were in employment subject to contributions for one year), or who find themselves in a temporary situation of emergency. In the latter case, however, this only applies if the individuals in question would also have been entitled to benefits in their own countries;
• Persons who have been in the possession of a residence permit for 36 months without interruption.

Despite the above, entitlement to benefits under the German Social Code, Parts II or XII, must be closely analysed on a case-by-case basis, and the eligibility requirements vary significantly.