In 2025, in order to comply with the CJEU’s preliminary ruling in Haqbin,[1], provisions allowing for the withdrawal of material reception conditions in cases of serious breaches of reception centre rules or violent behaviour were repealed (previous Article 76 Law on Protection). However, since 1 January 2026, an applicant who seriously breaches the rules of stay in a reception centre, behaves aggressively towards others, destroys property, or refuses required medical examinations, sanitary procedures, compulsory treatment, or epidemiological supervision may receive social assistance only in the form of a cash allowance.[2] This rule does not apply to persons with disabilities, elderly persons, pregnant women, or single parents caring for a child.[3] Moreover, the decision granting a cash benefit expires, inter alia, if a foreigner has failed to collect the due cash benefit for two consecutive calendar months or, despite a written notice, has failed to appear at the designated location.[4] In such a case, assistance provided in a reception centre is reinstated, provided that the person is entitled to receive social assistance.[5]
As of 1 January 2026, the provision allowing for the reduction of the financial allowance to half in cases of refusal to undergo medical examinations or necessary sanitary treatment was repealed (Article 81(3) Law on Protection). Under the current provision, in such cases the Head of the Office is required to inform the State Sanitary Inspector.
Moreover, in case an asylum applicant stays outside the reception centre for a period exceeding two days, material reception conditions should be withheld by law until the moment of their return.[6]
[1] CJEU (Grand Chamber), case C-233/18 Haqbin, Judgment of 12 November 2019.
[2] Article 72(2) Law on Protection.
[3] Article 72(5) Law on Protection.
[4] Article 72(7) Law on Protection.
[5] Article 72(8) Law on Protection.
[6] Article 77(1) Law on Protection.