Forms and levels of material reception conditions

Republic of Ireland

Country Report: Forms and levels of material reception conditions Last updated: 30/11/20

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The Reception Conditions Regulations 2018 define “material reception conditions” as: (a) housing, food and associated in-kind benefits; (b) the daily expenses allowance; and (c) financial allowance for clothing.[1]

 

Daily expenses allowance

 

The Direct Provision allowance, referred to as the daily expenses allowance under the Reception Conditions Regulations, is a payment made to protection applicants for personal and incidental expenses. The rate of the payment remained static for a number of years and was consistently the subject of criticism, including by the McMahon Working Group. The criticism stated that the weekly allowance was wholly inadequate to meet essential needs such as clothing including for school going children and it did not enable participation in social and community activities. The weekly allowance was also often used to supplement the food provided at Direct Provision centres. The Working Group recommended that the weekly allowance be increased for adults from €19.10 to €38.74 and increased from €9.60 to €29.80 for children.[2] Currently, protection applicants receive a weekly allowance of €38.80 per adult and €29.80  per child.

 

Other financial support

 

Following the transposition of the recast Reception Conditions Directive and the decision of the Supreme Court in the N.V.H. case (see Access to the Labour Market), access to the labour market is granted for a six-month period (renewable) once an asylum seeker has been waiting over nine months for a first instance decision. The impact of this change is felt by newly-arrived protection applicants rather than those who have already received a first instance decision and are currently in the appeal process. For this category who remain unable to access the labour market, their time living in Direct Provision is not considered residency for the purposes of accruing entitlements to social welfare assistance. As of November 2019, a total of 5,027 applications for access to the labour market were received by the Department of Justice and Equality. 1,452 applications were refused. 3,438 applications for a labour market access permission were granted. 1,708 employers have completed a return stating that they are employing a person who has labour market access permission. 1,208 of those persons are living in accommodation provided by IPAS, 500 were not.[3]

Section 15 of the Social Welfare and Pensions (No. 2) Act 2009 states that an individual who does not have a “right to reside” in the State shall not be regarded as being habitually resident in the State. As protection applicants do not have a right to reside in Ireland, they are excluded from social welfare. Under the IPA this prohibition remains unless a person has a pre-existing right to work on their previous status in Ireland.

The Working Group report noted that “apart from the weekly allowance, residents are not eligible to apply for other social protection supports with the exception of Exceptional Needs Payments (ENPs) and the Back to School Clothing and Footwear Allowance.”[4]

The Exceptional Needs Payment is a discretionary payment made by a Welfare Officer on receipt of an application for a one-off payment, rather than an ongoing liability.  It is relied upon by protection applicants because it is an exception to the general rule regarding habitual residence. For example, it is often the only way to pay for transport costs. However, it is a highly discretionary payment with a limited appeals mechanism. In the experience of the Irish Refugee Council, there is anecdotal evidence that there can be wide differences in how the Exceptional Needs Payment is administered, depending on which centre the asylum seeker is living in.



[1] Regulation 2 Reception Conditions Regulations 2018.

[2] Working Group to report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, Final Report June 2015, para 5.30, 208.

[3] Minister of State David Stanton TD, Response to Parliamentary Question No, 20 November 2019, available at: https://bit.ly/366SdGF.

[4] Working Group to report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, Final Report June 2015, para 5.5, 203.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation