Author
Beneficiaries of international protection have access to social welfare under the same conditions as nationals from the moment the protection status awarded to them becomes final.[1] In practice they have such access immediately after the issuance of the protection status. They can apply for social welfare with the attestation confirming their status, which they receive form the CGRS. The PCSW has 30 days to take a decision.
Before the beneficiaries of international protection can effectively receive the social welfare, they need to have left the reception centre or other shelter in which they have been residing. Therefore, the application for social welfare can be made while still in the shelter, but it will only be granted from the moment the beneficiaries have left the shelter.
Further conditions for receiving social welfare are:
- Habitual residence in a municipality in Belgium;
- Being an adult;
- Being prepared to work (or not being able to work because of for example medical reasons)
- Having insufficient means of subsistence and having no possibility to claim means of subsistence elsewhere or being able to obtain means of subsistence independently; and
- Exhaustion of other social rights held in Belgium or abroad.
Since 2016, there are no longer any differences between refugees and subsidiary protection beneficiaries as regards social welfare.
However, the federal government has plans to introduce several measures that will have an impact on beneficiaries of international protection:
- A five-year waiting period before a newcomer can access any social assistance (with the exception of urgent medical care). This measure does however not apply to beneficiaries of the refugee status. All other newcomers, including beneficiaries of subsidiary protection and temporarily displaced persons, will have to wait five years before accessing social assistance, according to the federal government’s plans.[2]
- Linking the right to social benefits to integration parameters:
- For beneficiaries of the refugee status, a penalty (‘malus’) system will be introduced, namely a reduction in benefits if integration requirements are not met. The starting point is the standard basic income amount;
- For beneficiaries of subsidiary protection, an incentive (‘bonus’) system will be introduced: upon achieving integration requirements, a certain amount will be added to an initially reduced benefits.[3]
If the beneficiary is an unaccompanied child, a different form of welfare can be awarded by the PCSW. In this case the claim for social welfare needs to be made by the guardian of the child. The same applies to children with Belgian nationality whose parents are undocumented: in such case the child may have a right to proper welfare benefits as a minor.
The PCSW of the municipality of usual residence of the beneficiary is the authority responsible for social welfare. The term ‘usual residence’ refers to the place where the person’s material and personal interests are concentrated. This is a question of fact which is assessed by the PCSW.
Beneficiaries can freely move across the Belgian territory, therefore changing municipalities simply entails transfer of responsibilities to the PCSW of the new municipality for social welfare. The new PCSW will nonetheless check again if the beneficiary meets all the conditions to obtain social welfare.
The requirement of ‘usual residence’ in a municipality means that leaving the country for more than 7 days requires prior notification to the PCSW, otherwise the PCSW can suspend social welfare. If the beneficiary duly informs the PCSW and stays away no longer than 4 weeks in total per year, social welfare will not be suspended; it will be paid even when they are abroad. The PCSW can also allow an exception to this rule and even pay during the beneficiary’s stay abroad for more than 4 weeks. Examples in which this exception was granted include studies abroad to obtain a diploma or supporting a severely ill family member abroad.
In practice, the deadline of 2 months for leaving the shelter and finding a house after the grant of a protection status is overall too short (see Housing). If these 2 months have passed and no extension has been granted, beneficiaries have to leave the shelter even if they have not found a place to stay.
By Royal Decree of 7 January 2026,[4] certain rules on the social benefits have been changed. Although these rules are not enforced yet with regards to the specific category of persons with a protection status, it is likely they will, sooner or later.
Prior this decree, the PCSW when conducting the social enquiry about whether someone has a right to social benefits, was able to take into account the income of the following persons living together with the applicant:
- the married partner or the person with whom the applicant forms a ‘family’ (thus including two persons living together as a couple), and
- the direct (first degree) ascendants or descendants of the applicant.[5]
The new decree also requires the PCSW to take into account the income of the following persons living with the applicant:
- Grandparents;
- Grandchildren;
- Parents-in-law;
- Sons-and-daughters in law.
With this, the Minister of Asylum and Migration aims to put ‘a cap’ on the multiplication of the culmination of social benefits within one family.[6]
In practice, it has been observed that several obstacles arise in the access to social benefits, mainly having to do with the breach of procedural rights and guarantees of the applicant, such as:
- PCSW refusing to register an application for social benefits (mainly with regards to persons not having an address) and/or absence of dated proof of registration of the application;
- Confusion on which PCSW is competent to register the application;
- Refusals of giving a reference address for homeless beneficiaries who have never had a registered address before;
- Lack of information and clear communication of the PCSW’s on the rules and conditions of the benefits;
- Sudden discontinuation of payment of the benefit without notification or motivated decision;
- Taking into account the income of persons which may not legally be taken into account.[7]
[1] Fedasil, ‘Social assistance from the CPAS/OCMW’, available in English here.
[2] Belgian Federal government agreement 2025-2029, 31 January 2025, available in Dutch here and in French here.
[3] Belgian Federal government agreement 2025-2029, p. 176, 31 January 2025, available in Dutch here and in French here.
[4] Royal Decree, changing the Royal Decree of 2002 concerning the right to social benefits, 7 January 2026, available in French, Dutch and German here.
[5] Royal Decree concerning the right to social benefits, article 34, 11 July 2022, available in French, Dutch and German here. POD MI, Circular concerning the amendment of Article 34 of the Royal Decree of 11 July 2022 establishing the general regulations on the right to social integration, 16 January 2026, available in Dutch here.
[6] Anneleen Van Bossuyt, Minister van Bossuyt ends culmination of social benefits within one family, Monday 17 November 2025, available in Dutch here.
[7] These signals are based on cases brought before the Infoline of Vluchtelingenwerk Vlaanderen, the NGO responsible for the writing of the AIDA report.