Author
Under the S.I. No 230/2018 European Communities (Reception Conditions) Regulations 2018 access to reception conditions is provided to a person who has given an indication of intention to seek asylum where they do not have sufficient means to have an adequate standard of living.[1] An asylum applicant is defined by the IPA 2015 as a person who has made an application for international protection in accordance with section 15, or on whose behalf such an application has been made or is deemed to have been made. A recipient is a person who has indicated a wish to apply for international protection or someone who has lodged their claim, and who has not ceased to be a recipient. The Regulations do not apply to persons who fall outside of the scope of the (Recast) Reception Conditions Directive (e.g. people living in Direct Provision accommodation with status or people who have been issued deportation orders, who are not considered ‘recipients’ for the purposes of reception).
Provision of reception conditions at a designated place
The entitlement to Reception Conditions is expressly subject to two requirements:[2]
- Material reception conditions are made available only at a designated accommodation centre or a reception centre (which is an initial accommodation centre where protection applicants are first accommodated before another accommodation centre is designated). In effect, this guarantees that reception conditions are provided through the existing system of Direct Provision.
- The recipient complies with the house rules of the accommodation centre. The house rules are defined in the Regulations as rules made by the Minister for Justice under the Regulations. To date, house rules have not been made under the Regulations, although house rules made prior to the Regulations continue to be applied in Direct Provision centres. Since house rules made prior to the introduction of the Regulations are not house rules made under the Regulations, this raises a question about the legal relationship between the current house rules and the Regulations; in particular, enforceability of the current house rules for the purposes of, for example, withdrawing material reception conditions (see Reduction or withdrawal).
The Regulations provide that reception conditions are only available within the structure of the existing system known as Direct Provision.[3] This means that in order to receive material reception conditions, an asylum applicant must live in Direct Provision accommodation and must live in the particular accommodation centre designated by the authorities.[4] In designating an accommodation centre for recipients of reception conditions, the Regulations provide that the Minister will take a number of factors into account (see Freedom of Movement). While the Regulations provide a new statutory basis for Direct Provision, in many respects, the transposition of the Reception Conditions Directive has not changed the existing structure of reception in Ireland.
Protection applicants are not obliged to use IPAS accommodation and may source their own accommodation or stay with relatives or friends. However, to do so means that the individual is not entitled to material reception conditions (which cover housing but also food, clothing and a daily expenses allowance) or State social welfare supports, e.g. rent allowance, etc. Persons living outside Direct Provision are still legally eligible to access a medical card in line with Regulation 18 of the Reception Conditions Regulations 2018 pertaining to the Right to Health. However, in practice, access to medical cards for those living outside of Direct Provision had not been facilitated. Following numerous complaints by IRC to the Department of Health and the Ombudsman, the HSE’s Medical Card Unit recently amended their policy to enable international protection applicants who are not living in Direct Provision to obtain medical cards. Consequently, international protection applicants living outside of Direct Provision are now permitted to access medical care and prescription medication on the same basis as those living in the Direct Provision system (see Health Care).
Provision is made to exceptionally allow for a deviation from the prescribed form of reception under the Regulations in exceptional circumstances where: (a) a vulnerability assessment needs to be carried out to assess special reception needs; or (b) where the accommodation capacity is temporarily exhausted.[5] The Regulations require that an alternative method of accommodation must be for as short a period as possible and must meet the recipient’s basic needs.[6]
On lodging an application for asylum with the IPO, the applicant is referred to IPAS. Previously, applicants were brought to a reception centre near Dublin Airport named Balseskin. However, as noted above, in March 2022, Citywest Hotel and Convention Centre was contracted by the International Protection Accommodation Service and repurposed as a transit hub for the processing of beneficiaries of Temporary Protection, as well as for the accommodation of newly arrived international protection applicants. Owing to limited bed capacity, many international protection applicants were forced to sleep on the floor of the Convention centre or on chairs for periods of up to 6 weeks while awaiting transfer to more permanent accommodation.[7] Many residents reported sub-standard, overcrowded living conditions, as well as significant child protection concerns, posing a risk to the personal safety, health and wellbeing of adults and children living at the facility.[8] Citywest Convention Centre continued to operate throughout 2024 as both a transit hub for the processing of beneficiaries of Temporary Protection, as well as for the accommodation of newly arrived adult international protection applicants. As of January 2025, there were 451 international protection applicants resident in the centre.[9]
After a person has applied for asylum, they will be issued with a Temporary Residence Certificate, in the form of a plastic card, which sets out the person’s personal details and contains their photograph. When the Temporary Residence Certificate has been received, they will be referred to the IPAS office within the IPO building. Applicants are usually accommodated at Citywest Convention Centre for a period of approximately six weeks prior to being transferred to more permanent accommodation.
In 2019, significant numbers of people were accommodated in emergency accommodation immediately after lodging an application for international protection. Capacity in Direct Provision continued to be a significant issue throughout 2023. Despite a commitment by the Minister for Children, Equality, Disability, Integration and Youth to decommission the use of emergency accommodation prior to the end of 2022,[10] the number of emergency accommodation centres increased to from 79 centres in January 2023 to 216 centres in February 2024. A total of 18,702 international protection applicants, 3,942 of which were children resided in these centres located throughout the country.[11] As of February 2025, there were a total of 265 emergency centres accommodating 24,974 international protection applicants, 7,031 of whom were children[12] (see Housing).
The assessment of resources
Irish law provides, pursuant to Regulation 4(1) of the Reception Conditions Regulations 2018, that a recipient shall be entitled to receive the material reception conditions whereby they do not have sufficient means to attain an adequate standard of living. In practice, prior to receiving material reception conditions, protection applicants are asked to sign a declaration stating that they do not have sufficient independent means to maintain an adequate standard of living.
With the introduction of Access to the Labour Market for the first time under the Reception Conditions Regulations 2018, provision was made for a reduction in the daily expenses allowance commensurate with income derived from employment, as well as for a contribution towards the material reception conditions received. However, the extent to which this was applied in practice was unclear until May 2024,
when the Department of Social Protection announced that an income assessment for the Daily Expenses Allowance would be introduced. The income assessment is applicable to individuals over the age of 18 years and will apply in respect of income from employment, self-employment and social welfare payments. If a person’s income is above €60 and below €125, their reduced rate of Daily Expenses Allowance will be based on their earnings. If a person’s income is €60 or less, their Daily Expenses Allowance payment will not be affected. The Daily Expense Allowance will cease whereby an individual has an income of more than €125 per week for a combined total of 12 weeks or more.[13] The income assessment was introduced from June 2024. At the time of updating, it was not clear the extent to which the assessment was enforced in practice.[14]
Reception for other categories of persons
IPAS also provides overnight accommodation to citizens of certain EU States who are destitute and who have expressed a wish to return to their own country. Victims of trafficking who are not protection applicants are also accommodated during a 60-day reflection period.[15] During this period, individuals are entitled to access health and psychological services through the Health Service Executive and legal advice through the Legal Aid Board. A range of community and voluntary organisations also provide support, information and advice to victims of human trafficking.
IPAS provides accommodation for applicants up to their return to their country of origin following a negative decision. However, the increasing numbers of people remaining in Direct Provision after being granted status is causing significant strain on IPAS in the context of stretched capacity. In February 2024, it was confirmed by IPAS that persons residing in Direct Provision who had been granted status would be given 12 months in which to access private rented accommodation (24-months for families),[16] prior to being transferred to alternative IPAS accommodation, typically usually to emergency or tented accommodation.[17]
In the experience of the Irish Refugee Council beneficiaries of international protection are finding it increasingly difficult to access the private rental market in the context of an ongoing housing and homelessness crisis (see Content of Protection: Housing).
Issues in accessing reception due to lack of capacity
Throughout 2024, the number of individuals seeking international protection continued to increase. Accommodation capacity was thus, extremely constrained. On the 4th of December 2023, the International Protection Accommodation Service announced that it would not be in a position to provide accommodation to all international protection applicants due to a severe shortage in accommodation capacity.[18] As a result, throughout 2024, all single male international protection applicants who presented to the International Protection Office were assessed by IPAS and HSE staff for any significant vulnerabilities or health issues and prioritised for accommodation as necessary. Whereby no significant vulnerabilities were identified, male applicants were not provided with accommodation.[19] This resulted in many applicants having no option but to sleep on the street for prolonged periods, often during bouts of inclement weather conditions and amidst a period of increased anti-immigrant sentiment.[20] At the time of updating, there were 3, 062 individuals awaiting an offer of accommodation from IPAS. The Irish Refugee Council was aware of several individuals experiencing street homelessness for several months.[21] Families with children and single women continued to be offered accommodation throughout 2024.
IPAs who were not provided with accommodation received a temporary increase of €75 to their Daily Expense Allowance (DEA). This increased the allowance to €113.80 a week for eligible applicants.[22] Applicants were also advised that they could make an application for an Additional Needs Payment (ANP), to cover essential needs such as food, transport, or accommodation, however, in the experience of the Irish Refugee Council, the extent to which this was made available to applicants in practice remained inconsistent throughout 2024[23] (See Housing).
[1] Regulations 2 and 4(1) Reception Conditions Regulations 2018.
[2] Regulation 4(2) Reception Conditions Regulations 2018.
[3] The system of Direct Provision has been in place since 2000. The increase in the numbers applying for asylum in the 1990s prompted a decision by the then government to withdraw social welfare from protection applicants and to provide for their basic needs directly through a largely cash-less system. This became known as Direct Provision, which is the system of accommodation for persons in the international protection application process in Ireland today. It continues to be the system pursuant to which material reception conditions are provided under the Regulations. Prior to the introduction of the Regulations, Direct Provision had no statutory basis. The Reception and Integration Agency (RIA) (now IPAS) was set up as a division within the Department of Justice to manage Direct Provision. While the drafting of the Regulations refers to the “Minister”, defined as the Minister for Justice and Equality, powers are exercised by RIA in practice. RIA has no statutory basis and the decision to establish it is not a matter of public record. Originally, it was intended that protection applicants would spend no more than six months living in Direct Provision.
[4] Regulation 7(1) Reception Conditions Regulations 2018.
[5] Regulation 4(5) Reception Conditions Regulations 2018.
[6] Regulation 4(6) Reception Conditions Regulations 2018.
[7] Information provided by Irish Refugee Council Information and Advocacy Service, December 2022.
[8] RTÉ, ‘Child Safety Concerns at Citywest Transit Hub’, 19th December 2022, available: here.
[9] IPAS, DCEDIY IPAS – Weekly Accommodation and Arrival Statistics, 2 February 2025, available: here.
[10] ibid.
[11] IPAS, DCEDIY IPAS – Weekly Accommodation and Arrival Statistics, 4 February 2024, available: here.
[12] IPAS, DCEDIY IPAS – Weekly Accommodation and Arrival Statistics, 2 February 2025, available: here.
[13] Department of Social Protection, ‘Daily Expense Allowance – Income Assessment’, 12 June 2024, available: here.
[14] Information provided by Irish Refugee Council Information and Advocacy Service, January 2025.
[15] The purpose of the reflection period is to allow a victim of trafficking to recover from the alleged trafficking, and to escape the influence of the alleged perpetrators of the alleged trafficking so that they can take an informed decision as to whether to assist Gardaí or other relevant authorities in relation to any investigation or prosecution arising in relation to the alleged trafficking. See ‘Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking’, available: here.
[16] Confirmed in correspondence with IPAS, February 2024.
[17] Information provided by Irish Refugee Council Information and Advocacy Service, February 2024.
[18] Department of Children, Equality, Disability, Integration and Youth, ‘Statistics on International Protection Applicants not offered accommodation’, 12th December 2023, available: here.
[19] Information provided by Irish Refugee Council Information and Advocacy Service, January 2025.
[20] ibid.
[21] ibid.
[22] Department of Children, Equality, Disability, Integration and Youth, ‘Statistics on International Protection Applicants not offered accommodation’, 12th December 2023, available: here.
[23] Information provided by Irish Refugee Council Information and Advocacy Service, January 2024.