Forms and levels of material reception conditions

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The Asylum Act provides for a general definition of material reception conditions,[1] as well as a closed list of forms of provision of material reception conditions in article 57(1) that includes:

• Housing;[2]
• Food;
• Monthly social support allowance for food, clothing, transport, and hygiene items;
• Monthly complementary allowance for housing; and
• Monthly complementary allowance for personal expenses and transport.

Additionally, Article 57(3) establishes a closed list of possible combinations of forms of material reception conditions that consist of:

• Housing and food in kind with a [monthly] complementary allowance for personal expenses and transportation; and
• Housing in kind or complementary allowance for housing with a social support allowance [for food, clothing, transportation and hygiene items].

However, in duly justified instances, asylum seekers may exceptionally be offered forms and combinations of material reception conditions other than those provided in the law for a limited period of time, where:

• There is a need for an initial assessment of the special needs of the applicant; and/or
• Available reception capacity is temporarily exhausted.[3]

Article 57(4) was amended in 2023,[4] limiting the situations where asylum seekers could be offered forms/combinations of material reception conditions other than those provided in the law. Until then, the law also allowed such a change if:

• The housing in kind as per the law was not available in the area where the asylum seeker is located; and/or
• The international protection applicants are detained at a border where housing equivalent to reception centres is not available.

The Asylum Act enshrines the right of asylum seekers to the satisfaction of their basic needs to a level that guarantees their human dignity.[5] One of the amendments to the Asylum Act enacted in 2023 added that the material reception conditions must satisfy basic needs.[6] The Asylum Act does not include further specific criteria to determine what is an adequate standard of living which guarantees their subsistence and protects their physical and mental health as per Article 17(2) of the recast Reception Conditions Directive. While it can be argued that the 2023 amendment responds to the subsistence requirement included in the Directive, it is doubtful that it implies adequate protection of the physical and mental health of asylum seekers.

The specific criteria for establishing the value of the financial allowances consists of a percentage of the ‘social support allowance’.[7] While until 2023, ISS has interpreted this provision as referring to the social pension (pensão social),[8] the practice changed in 2023. As such, in 2023, the provision has been interpreted as referring to 70% of the Social Support Reference Index (Indexante de Apoios Sociais, IAS).[9] According to the information provided by ISS, the reference value of 70% will rise to 85% in 2024, and to 100% of the IAS in 2025. Consequently, in 2023, the reference value for the calculation of the allowances was of € 333.16, per the information shared by ISS. ISS reported that this change was implemented in response to the increasing cost of living.

These percentages represent the upper limit of the allowances. In 2023, the following amounts applied:

In practice, asylum seekers referred by SEF/AIMA to CPR in the framework of admissibility procedures (including Dublin) and accelerated procedures on the territory benefit from housing at CAR or in other facilities (e.g. hostels, apartments or rooms in private accommodation) provided by CPR (see Types of Accommodation), along with a monthly allowance of  € 150 per adult, € 50 per child below the age of four, and  € 75 per child over the age of four, to cover food and transport expenses.

Applicants may also find accommodation in the private market. If they do, they may request an additional monthly allowance for the rent of € 150 per adult, and € 75 per child.

CPR’s Social Department provides asylum seekers with second-hand clothes as well as food items as needed and/or weekly with the support of the charities/projects such as the Food Bank (Banco Alimentar), Refood and Missão Continente, as well as sporadic private donations. Personal care products are provided.

Depending on the individual circumstances, CPR also pays for: (i) medication – due to problems related to access to State funded medication through the National Health Service (Serviço Nacional de Saúde, SNS), and in the case of non-funded medication; (ii) school supplies for children; (iii) differentiated health care, e.g., dentists; and (iv) taxi transportation, e.g., in case of a medical emergency or for particularly vulnerable individuals.

In the case of unaccompanied children in the regular procedure and at appeal stage, CPR provides material reception conditions in kind such as housing, food, clothing, transportation, school supplies, sports, social and cultural activities, capacity-building and personal development activities. They also receive a monthly allowance of € 50 for personal needs. Unaccompanied young people in pre-autonomy stage under CPR’s care are responsible for managing their own monthly allowance of € 150.

In the regular procedure or pending an appeal against a rejection decision during the admissibility stage or in an accelerated procedure, the financial allowance provided by ISS and by SCML is expected to cover all expenses.

Nevertheless, SCML provides an additional monthly allowance in cases of severe economic vulnerability (which are often linked to the extremely high costs of accommodation). In 2023, 40 applicants were covered by this measure.[10]

ISS has also confirmed that in 2023 it has continued to provide further support for housing expenses (first two months of rent upon presentation of a lease proposal) and that, when deemed justified following assessment, additional support for housing and other expenses can be granted.

The total monthly allowance for all expenses per person is calculated in accordance with the amounts mentioned above,[11] albeit with a regressive percentage per additional member of the household. In 2023, the amounts applied were as follows:

Even though no qualitative research has been conducted to date on destitution of asylum seekers in the asylum procedure, the level of financial allowances is manifestly low, particularly in light of the current living costs in the country.

CPR’s Social Department receives regular complaints from asylum seekers at all stages of the asylum procedure regarding financial difficulties to meet basic needs and anxiety regarding low levels of income. In 2023, CPR continued to note an increase in the number of requests for additional food support, particularly from families with children. This assessment regarding the level of financial allowances was also confirmed by SCML.

A study focusing on unaccompanied asylum-seeking children and ageing out in Portugal published in 2021 revealed that, while the children and young people involved generally rated the response of relevant entities in a positive manner, the vast majority stated that the financial allowances received are insufficient to cover their expenses.[12]

Such difficulties might constitute a contributing factor to the level of absconding and cessation of support (see Reduction or Withdrawal of Reception Conditions).

[1] Article 2(1)(e) Asylum Act: housing, food, clothing and transportation offered in kind, through financial allowances, vouchers or daily allowances.

[2] Under Article 57(2), housing and food in kind can consist of: (a) housing declared as equivalent to reception centres for asylum seekers in the case of border applications; (b) installation centres for asylum seekers or other types of housing declared equivalent to installation centres for asylum seekers that offer adequate living conditions; and (c) private houses, apartments, hotels, or other forms of housing adapted to accommodate asylum seekers.

[3] Article 57(4) Asylum Act.

[4] As per article 6 Act no.53/2023, of 31 August 2023. The amended version entered into force on 29 October 2023.

[5] Article 56(1) Asylum Act.

[6] Article 57(5) Asylum Act.

[7] Article 58 Asylum Act.

[8] That, in 2023, stood at € 291,38. Decree-Law no. 464/80 and Ministerial Order no. 24-B/2023. According to the referred Decree-Law, the social pension is measure of solidarity to offer social protection to the most vulnerable populations. It is provided, among others, to nationals, who are not entitled to a pension from the contributory social security system who lack any revenue or whose revenue is below the value of the social pension (Article 1).

[9] Act no.53-B/2006, of 29 December as amended, and Ministerial Order no.298/2022. In 2023, the IAS stood at € 480.43.

[10] Moreover, according to information provided by SCML, the organisation also allows asylum seekers under its care to access its healthcare units in accordance with medical needs.

[11] Article 58 Asylum Act.

[12] Sandra Roberto, Carla Moleiro, ed. Observatório das Migrações, De menor a maior: acolhimento e autonomia de vida em menores não acompanhados, April 2021, p.44, available at: https://bit.ly/3fqMKBK.