In 2026, Germany is discussing and partially implementing significant changes in the field of social benefits, which also affect Ukrainian nationals under temporary protection. However, public discussions often lead to confusion, as different legislative initiatives are mistakenly perceived as a single reform. In reality, these are two separate legal processes addressing different aspects: access to the social welfare system and the internal structure of that system.

The first process concerns a draft law aimed at changing the rules for granting social benefits to persons who hold or have applied for residence under Directive 2001/55/EC (temporary protection). Its official title is: “Draft law on amending the provision of benefits for persons granted or applying for residence under temporary protection (Leistungsrechtsanpassungsgesetz)”, BT-Drucksache 21/3539.

According to the draft, individuals who entered Germany after April 1, 2025, and fall under this directive may no longer be included in the basic income support system (SGB II, Bürgergeld). Instead, if they are in need of assistance, the Asylum Seekers’ Benefits Act (Asylbewerberleistungsgesetz, AsylbLG) would apply. This represents a fundamental change in access to the social welfare system.

Transitional provisions are предусмотрены for those already receiving benefits. If benefits under SGB II or SGB XII have already been granted, they will continue until the end of the respective approval period, but no longer than three months after the law enters into force.

It is important to note that this document is currently only a draft law and has not yet entered into force. The text provides that the law will come into effect on the first day of the third calendar month following its official publication, while certain technical provisions will apply from the day after publication. Therefore, no fixed date has been established yet.

The second process concerns an already adopted law that reforms the SGB II system itself. This is the “Thirteenth Act Amending the Second Book of the Social Code and Other Laws,” adopted by the German Bundestag on March 5, 2026. The main provisions will enter into force on July 1, 2026.

This reform does not primarily determine who is eligible for benefits but rather changes how the system operates. Within this framework, Bürgergeld is transformed into an updated model of basic income support (Grundsicherung für Arbeitsuchende). Although the terminology is partially changed (including the introduction of the term “Grundsicherungsgeld”), the reform goes far beyond a mere renaming.

One of the key elements is the introduction of a new § 3a SGB II (“priority of job placement”), which establishes that rapid integration into the labor market or vocational training takes precedence over long-term qualification measures. This shifts the focus of Jobcenters toward quicker employment outcomes.

In addition, the approach to parents with young children is being revised. If childcare is available, participation in work or integration measures is considered reasonable once the child reaches the age of one.

The reform also strengthens cooperation obligations and sanction mechanisms. In cases of non-compliance, benefits may be reduced by up to 30% of the standard rate for a period of three months. Similar reductions may apply in cases of repeated missed appointments. The explanatory memorandum explicitly states that individuals who fail to attend scheduled appointments three times without valid reason may be considered “not reachable” by the system.

Furthermore, the rules on personal assets are being revised. The previously applicable grace period (Karenzzeit) is abolished. Instead, fixed asset thresholds are introduced based on age: up to €5,000 for individuals under 30, €10,000 from age 31, €12,500 from age 41, and €20,000 from age 51 per person.

In conclusion, two separate developments are taking place in Germany in 2026. On the one hand, a draft law may restrict access of newly arrived Ukrainian nationals to the Bürgergeld system. On the other hand, a reform has already been adopted that significantly changes the internal rules of the social welfare system. Clearly distinguishing between these two processes is essential for a proper understanding of the current legal situation.

Compiled by Anastasiia Malyshenko