Ad-Hoc Query on asylum support rates. Requested by the UK National Contact Point on 1 st February Compilation produced on 4 th April 2013

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1 Ad-Hoc Query on asylum support rates Requested by the UK National Contact Point on 1 st February 2013 Compilation produced on 4 th April 2013 Responses requested from Austria, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Sweden, United Kingdom plus Norway (22 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information In the UK we are currently conducting an internal review of our approach to asylum support to critically assess the level of support we provide to different types of applicant. The main aim of our review is to establish whether any changes are required. We are therefore interested in comparing our approach with that of other Member States. 1 of 32

2 1. Has your support system or level of support provided to asylum seekers changed since your response to the Luxemburgish ad hoc query of 27 January 2012? If so, how have they changed? 2. How do you decide upon the total package of support provided to asylum seekers? 3. In particular how do you decide the levels of financial support asylum seekers receive? a) Are the support rates set according to a methodology or legal framework? b) What are recipients expected to spend their financial support on? c) What is your reasoning for providing different amounts of money to different types of asylum seekers; single adults, families, children? d) How do you differentiate between the amounts of money provided to those provided with accommodation compared with those who are not provided accommodation? 4. Do you regularly review the levels of support? If so, how often do you change them and how do you decide on the new rate? 5. Do you provide financial support to failed asylum seekers? If so, how does this differ to the support you provide to asylum seekers? 6. How do the rates of support you provide to asylum seekers compare to the support provided to nationals of your country? 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further Belgium Yes 1. No, the so-called Reception Act provides that asylum seekers are entitled to material aid/aid in kind. This material aid in reception centers comprises: accommodation; food; clothing; medical, social and psychological help; access to interpretation services; access to legal representation; access to training; access to a voluntary return programme and a small allowance (so-called pocket money) that has to be paid out in cash. After four months in a reception centre the applicant may in principle be eligible for individual reception in the municipalities, the so called local reception initiatives (LOI s), or in private housing provided by NGOs, where the autonomy is much greater than in communal 2 of 32

3 Meals prepared by the asylum applicant EMN Ad-Hoc Query: Migration from/to the Russian Federation centers, and so part of the material aid is provided in the form of meal vouchers or cash to enable the asylum seeker to buy food and other basic commodities him or herself. About half of the asylum seekers are staying in collective reception facilities (about places presently occupied by persons) and the other half (about places presently occupied by persons) are receiving local individual reception. The weekly pocket-money for all asylum seekers residing in the reception network amounts to: 4,50 euro for each minor younger than 12 5,70 euro for each unaccompanied minor 7,40 euro for each minor of 12 years or older, attending school 7,40 euro for each adult. Support for those staying in private housing is provided on a weekly basis at different levels to singles, couples and the age of the children: Support provided on a weekly basis for those staying in rent-free private housing Reference amounts 2013 Amounts 2013 Min Max householder/non-accompanied minor/single adult other adult family members in a household Propagation for single parents 8 10 child < 3 year child 3-12 year child year of 32

4 Breakfast and lunch prepared by the asylum seeker (1 hot meal provided by the Public Center for Social Welfare) EMN Ad-Hoc Query: Migration from/to the Russian Federation householder/non-accompanied minor/single adult other adult family members in a household Propagation for single parents 6 8 child < 3 year child 3-12 year child year The total package for those not staying in a collective structure includes access to fully furnished, rent-free accommodation. The package is determined by the Reception Act. The translation of the package of material aid into weekly subsistence allowances is based on an extensive study of existing good practices in the field and bench marking. 3. e) Are the support rates set according to a methodology or legal framework? A circular of the Agency responsible for the Reception of Asylum Seekers (Fedasil) defines the minimum and maximum living allowance that municipalities can give to applicants who reside in local reception initiatives. The living allowance may be in cash or in the form of meal vouchers. Fedasil leaves the choice to the municipalities to provide vouchers, living allowances or in kind assistance. However, a major part of the support giving to asylum seekers has to remain in kind, such as rent-free furnished housing. f) What are recipients expected to spend their financial support on? The living allowance is expected to meet essential living needs: food, clothing and toiletries g) What is your reasoning for providing different amounts of money to different types of asylum seekers; single adults, families, children? Depending on the number of dependants, and their ages, living allowances are set. A single parents will receive an increased allowance, the living allowance set for children increases slightly with the age of the child as children s needs, mainly related to school, become more costly. (see table above) h) How do you differentiate between the amounts of money provided to those provided with accommodation compared with those who are not provided accommodation? In principle all asylum seekers are provided with accommodation, unless they choose not to reside in the housing that is provided. In that case, they do not receive any assistance, except medical aid. Some exceptional categories of asylum seekers may obtain access to financial aid as is provided by social welfare, in cases of a shortage of places in the reception network or when joining relatives already in the social welfare system. In these latter exceptional cases the amounts of financial aid are set by the social welfare act, and depend on family composition (see rates 4 of 32

5 below) 4. The rates are reviewed each year to provide for inflation. 5. Asylum seekers are entitled to reception during the whole duration of the asylum procedure (first instance and appeal procedure). Only when Belgium is not responsible to treat the asylum application according to the Dublin convention or when a subsequent application is not taken into consideration the asylum applicant is not entitled to reception during his appeal procedure which is non-suspensive. Failed asylum seekers to whom the provisions of the Reception Act no longer apply, are not entitled to material nor financial support. However, families with minors who are failed asylum seekers or who have never introduced an asylum application, and who are enable to support their minor children, are entitled to apply for reception in the communal reception centers through the social welfare system. Material aid is provided to them while they try to obtain either a legal residence statute or prepare to return to their country of origin. 6. Support rates for nationals (from 01/12/2012). (living wage for those who have not any other form of income) category 1: cohabiting person 534,23 per month category 2: single person 801,34 per month category 3: person with a family (at least one minor unmarried child) 1.068,45 per month. These rates are hard to compare, as asylum seekers always receive part of their support in kind by way of rent-free furnished accommodation. Asylum seekers who obtain a protection statute and who can therefore access social welfare rates of financial support, or nationals on social welfare, have some difficulty in finding affordable quality accommodation. Bulgaria Yes 1.There have been no changes in the support system or level of support provided to asylum seekers. Asylum seekers are entitled to a monthly allowance of 65 leva (approximately 33.23) per person. In addition to that, they receive the following benefits in kind: - A disposable food package for 5 days which the asylum seeker receives at the first registration of the application for protection. Each package is worth 25 leva (or 12.78). - Housing in a reception centre or transit centre free of charge for the used electricity, heating, water, bed, bedroom set. The support for one person, including the reception, accommodation, and monthly living expenses at an accommodation centre, amount to 300 leva ( 153). - Twice a month, the sheltered persons are provided with packages of sanitary - hygiene products worth 7-9 leva ( 4-4.6). The content of the packages takes into account the specific needs of the asylum seekers (e.g. shaving tools for men, diapers for babies). - Free of charge medical services during the procedure and orientation to GP /general physician/ for inclusion in the National health system. - For all international protection seekers, (no matter if they are accommodated in a State registration-and-reception centre or 5 of 32

6 transit centre or not), health insurances are paid. 2. The package of support provided to asylum seekers is determined on the basis of the Bulgarian Law on Asylum and Refugees, the Law for Social Support, and the Law on Health Insurance. According to Article 29 of the Law on Asylum and Refugees: Article 29. (Amended, SG No. 52 of 2007) (1) Over the course of proceedings, the alien shall have the right to: 1. stay within the territory of the Republic of Bulgaria; 2. shelter and food; 3. social assistance following the procedure and in the amount available to Bulgarian citizens; 4. health insurance, accessible medical care and free use of medical services under the terms and following the procedure applicable to Bulgarian nationals; 5. mental help; 6. receive a registration certificate; 7. a translator or interpreter. 3a The support rate is set in compliance with the legal framework mentioned in the response to question 2. 3b The financial support is expected to be spent on food and other basic personal needs. 3c According to Article 16 of the Rules for the Implementation of the Law for Social Support: (1) For satisfying incidentally occurred health, educational, communal and household and other vitally important needs of the persons and the families one-time support can be granted once a year. (2) (amend. SG 40/03) The one-time support under para 1, up to the five-fold amount of the guaranteed minimal income shall be determined by an order of the director of directorate "Social support" or official, authorised by him. The one-time support in the amount of 325 leva (approximately 166) is granted to parents of newborn children, single parents, mothers of many children, and sick persons. 3d When the asylum seeker has at his/her disposal the means to sustain his/her basic necessities, within the proceedings under the general rules he/she may be granted permission to take up accommodation at his/her own expense at an address of his/her choice, and then shall not be eligible for financial and in-kind support from the State Agency for Refugees. 5 Asylum seekers receive financial support until a final decision on their application for international protection has been made, including 6 of 32

7 during the appeal procedure. 6 Asylum seekers receive social assistance ( 33.23) following the procedure and in the amount available to Bulgarian citizens. In addition to that, asylum seekers receive the benefits in kind mentioned in the response to question 1. Cyprus Yes 1. There were no changes in the support system since January The amounts provided by the Social Welfare Services to asylum seekers as public subsistence in order to cover their cover their basic needs is as follows: 452 for the main applicant 226 for his/her dependant > 14 years for his/her dependent <14 years. Asylum seekers who live in a rented house are entitled an additional amount up to 50% of the amount of their basic needs. The total amount of rent received by a family of asylum seekers cannot exceed the amount of 598 per month. The above mentioned amounts refer to asylum seekers residing in private accommodation. With regards to asylum seekers residing in reception centres, the financial assistance is set to 85 for the main applicant and 17 for each dependant. 2.The financial support provided to asylum seekers either in reception centers or in private accommodation targets in covering the basic needs during the asylum procedure. The amounts provided by the Social Welfare Services intent to cover the basic needs of applicants who find their own accommodation (rent) in the private market. The amounts for persons residing in reception centers are provide by the Asylum Service and intent to cover the daily expenses for persons enjoying free housing, the provision of two meals daily in reception centers and free transporation (where needed). It is noted that priority is given to the placement of asylum seekers in reception centers (given availability). 3.(a) The support rates are according to the national legal framework (b) The persons residing in reception centers receive financial support in order to cover daily expenses, including breakfast. The persons residing in private accommodation, are expected to spend the financial support to cover housing (special rent allowance), other basic and personal needs. (c) As already mentioned above, the amount provided to asylum seekers derive from the national Law on Provision of Public Subsistence and Services as well as the national Refugee Legislation (for persons residing in accommodation centers). The differentiation is between the main applicant and the dependants and not between different types of asylum seekers. 4. The levels of support are not regularly reviewed (there is no legal obligation). However, at this moment the Social Welfare Services are in the final stage of reviewing the financial assistance provided to asylum seekers. The new amounts are expected to be approved by the House of Representatives and put into implementation within No The amounts provided to asylum seekers as financial support under the Public Subsistence Law in order to cover their basic needs, are the same terms as the amounts allocated to Cypriot nationals for the same purpose. 7 of 32

8 Estonia Yes 1. No, Support system or level of support has not changed since January Finland Yes 1. No. 2. Maximum finical support is guaranteed only to these asylum applicants, who lives during asylum proceedings in the reception centre or to these who lives during asylum proceedings outside reception centre in order to ensure persons safety. In case asylum applicant had written permission of the Police and Border Guard Board, an applicant may reside outside the reception centre if he has sufficient financial resources to ensure his accommodation or the accommodation and support of the applicant is ensured by a person legally residing in Estonia then financial support from reception centre in not provided. 3. Support rates are set according to legal framework. Monetary benefit paid to an asylum seeker is equal to the applicable subsistence limit established on the basis of the minimum consumption expenditure. 4. The subsistence level is reviewed every year. The Riigikogu (Parlament) shall establish the subsistence level for a person living alone and to the first member of a family for each budgetary year by the state budget. A new subsistence level shall not be less than the rate in force. 5. Yes, we provide financial support to failed asylum seekers during the court proceeding. The support does not differ to the support we provide to asylum seekers. The rates of support we provide to asylum seekers are the same as the support provided to nationals. 2. a+ b) An asylum seeker does not have a residence permit in Finland and neither is he or she a municipal resident. The means of support of asylum seekers are based on the provisions of the Act on the Reception of Persons Applying for International Protection. A single adult asylum seeker is entitled to a monthly reception allowance of about EUR 290. The asylum seeker can use this money for buying food and clothing and for paying for minor health care expenses and other costs. If the reception centre provides the asylum seeker with all meals, the reception allowance paid to a single adult is about EUR 85/month. If the asylum seeker refuses to take part in language teaching or other studies or work and does not provide any justification for the refusal, the allowance can be temporarily reduced by 20 per cent. If the asylum seeker is in employment, the reception allowance is proportioned to their earnings. If the earnings are adequate, the asylum seeker is not entitled to a reception allowance. Asylum seekers are not entitled to health insurance, child benefits or other housing-based social benefits. An unaccompanied minor who seeks asylum in Finland will be granted a spending allowance in place of the reception allowance if he/she lives in a group home or similar unit providing full upkeep, that is, meals, clothes, health care and recreational expenses. The spending allowance is intended for use by the minors themselves so that they will learn how to use money independently. 8 of 32

9 The monthly spending allowance will be 25,10 euros for an unaccompanied minor under 16 years of age, and 45,18 euros for an unaccompanied minor 16 years or over. A spending allowance may also be a lesser amount if considered reasonable in view of the minor s age and level of development. An unaccompanied minor living in private accommodation or a support housing unit intended for those over 16 years of age will be paid a reception allowance instead of a spending allowance. This will equal the allowance of an adult living alone, that is, 291,16 euros, or 85,34 euros if in a reception centre that provides meals. The reception centre in question decides upon the total financial support package. The reception system in Finland is governed by the Immigration Service which also decides upon the annual operating grant for each reception centre. c) The amount of financial support correspond to the basic amount of the reception allowance laid down in the Act on the Reception of Persons Applying for International Protection which entered into force in September Monthly economic support given to persons applying for international protection in Finland. Price Single adult / head of the family Spouse Child index Accommodation Accommodation Accommodation Accommodation Accommodation Accommodation without meals with meals without meals with meals without meals with meals 2009 Finland 120 EUR 290 EUR 85 EUR 245 EUR 70 EUR 185 EUR 55 d)there is no difference between these amounts, the type of housing does not have any effect on the amount of reception allowance. 4.Yes. The amount of support if reviewed monthly or in two week periods. Besides the basic reception allowance, an asylum seeker may be granted a supplementary reception allowance for individual special needs, such as a pram, children s recreational expenses, or travel expenses for attending an asylum interview. The need for a supplementary allowance will be considered separately for each individual. In addition, health care expenses that are more than petty expenses, such as prescription drugs and eyeglasses, may be paid in the form of a reception allowance. 5. Yes, as long as the asylum seeker is within the reception system he or she is provided with reception allowance. 6.As mentioned above, asylum seekers are not entitled to health insurance, child benefits or other housing-based social benefits. The basic social assistance in Finland is based on the basic amount which is defined in the Act on Social Assistance and adjusted annually by the national pension index. In 2011, the full basic amount was EUR for persons living alone and single parents. 9 of 32

10 The expenses to be covered by the basic amount include: food clothing minor health care costs expenses on personal hygiene and cleanliness of the home use of local transport subscribing to a newspaper a TV licence use of a telephone hobby and recreational pursuits In addition to the basic amount, basic social assistance is granted for housing costs, such as rent or maintenance charge, water rate, heating, electricity bill and home insurance premium as well as health care cost that are higher than minor costs. In addition to basic social assistance one may be granted supplementary social assistance. The supplementary social assistance covers special expenses such as: child day care costs additional housing expenses (such as removal expenses) costs incurred by special needs or circumstances The municipalities grant also preventive social assistance the grounds for which the municipalities get to decide. The purpose of preventive social assistance is to further a person's or family's independent living as well as to prevent social exclusion. It can be granted for instance for measures to alleviate difficulties as a result of over-indebtedness or a sudden deterioration of the financial situation. France Yes 1. Each asylum seeker older than 18 years who is not accommodated in a reception centre for asylum seekers (collective open reception centre) receives a temporary waiting allowance (allocation temporaire d attente = ATA). In 2013, the monthly amount of the temporary waiting allowance that receives an asylum seeker is 336 for a 30-day month which corresponds to per day whatever his/her family composition. In 2012, it was for a 30-day month which corresponded to per day. Asylum seekers accommodated in a reception centre for asylum seekers can benefit from a monthly living allowance (allocation mensuelle de subsistance = AMS), the amount of which differs from one centre to another according to the catering type (collective, dual or individual) and varies with the family composition of the asylum seeker and his/her resources. 10 of 32

11 Family situation Collective catering (in euro) Dual catering (in euro) Individual catering (in euro) 1 adult adults or 1 adult and child 3-person family person family person family person family Increase by additional person The allowance is equal to the difference between the amount resulting from the application of the tables above and asylum seeker s resources. The amount of the financial aid for food has not changed since Support provided to asylum seekers varies according to the type of reception facilities in which they are accommodated (collective open reception centres or emergency shelters). Support provided to asylum seekers in reception centres for asylum seekers differs from one centre to another according to the catering type, the family composition of the asylum seekers and his/her resources. Asylum seekers accommodated in reception centres for asylum seekers whose level of monthly income equals or exceeds the lump sum of the active solidarity income (Revenu de solidarité active = RSA) have to pay a financial contribution for accommodation and maintenance costs. The active solidarity income is an allocation which completes the initial household resources to reach the level of a guaranteed income in France. 3. a) Are the support rates set according to a methodology or legal framework? No, support rates are not set according to a methodology or legal framework. b) What are recipients expected to spend their financial support on? The financial support is expected to meet essential living needs: food, clothing and toiletries. c) What is your reasoning for providing different amounts of money to different types of asylum seekers; single adults, families, 11 of 32

12 children? In reception centres for asylum seekers, the bigger the family is, the lower the increase of financial aid provided for each additional child is. d) How do you differentiate between the amounts of money provided to those provided with accommodation compared with those who are not provided accommodation? The amount of money provided to asylum seekers varies according to the type of reception facilities in which they are accommodated (collective open reception centres or emergency shelters). Asylum seekers accommodated in reception centres for asylum seekers can benefit from financial aid for food, the amount of which differs from one centre to another according to the catering type (collective, dual or individual) and varies with the family composition of the asylum seeker and his/her resources. Asylum seekers over 18 years old accommodated in emergency shelters receive a temporary waiting allowance, the amount of which is fixed whatever their family composition. 4. Every year, the amount of the temporary waiting allowance is readjusted in accordance with the inflation index. 5. No, French authorities do not provide financial support to failed asylum seekers. 6.Asylum seekers do not have access to most of social benefits provided to French citizens such as unemployment, work, child benefits and social housing. Germany Yes 1. Yes. The Federal Constitutional Court (Bundesverfassungsgericht BVerfG) found by judgment of 18 July 2012 that the cash benefits in accordance with the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz AsylbLG) are inadequate. Until such time as this court ruling has been implemented by the legislature, those concerned will receive cash benefits in accordance with a transitional regulation determined by the Court the amount of which corresponds to the benefits paid to others in need of assistance. The cash benefits stipulated in the Asylum Seekers Benefits Act were hence cancelled and the following monthly cash benefits were determined for the interim period: 1. single persons or adult lone parents a. 217 (physical existential minimum); b. 137 (socio-cultural existential minimum) 2. spouse or civil partner a. 195 (physical existential minimum); b. 123 (socio-cultural existential minimum) 3. adult members of the household 12 of 32

13 a. 173 (physical existential minimum); b. 110 (socio-cultural existential minimum) 4. children aged from 14 to 18 a. 193 (physical existential minimum); b. 81 (socio-cultural existential minimum) 5. children aged from 6 to 14 a. 154 (physical existential minimum); b. 88 (socio-cultural existential minimum) 6. children aged up to 6 a. 130 (physical existential minimum); b. 80 (socio-cultural existential minimum) Having said that, cash benefits are always only a part of the support to be granted to asylum-seekers. For instance, public authorities additionally always meet the cost of housing, heating and household effects. The amount to be granted in each individual case also depends on the further circumstances of the individual case. In order to quickly implement the asylum procedure at the start of a person s stay in Germany, those concerned are housed in central initial reception centres (special shared accommodation facilities), where they are provided with both housing and heating, as well as with food, clothing, healthcare and body care and household durables and consumables as a matter of principle in the shape of benefits in kind. If no clothing can be provided, it can be made available in the shape of vouchers or other comparable non-cash allowances. Household durables can be provided on a loan basis. Because of the benefits in kind that are granted to them during their stay in such initial reception centres, asylum-seekers furthermore receive cash benefits only to cover the socio-cultural existential minimum (cf. b. above in each case). The maximum of three months spent in initial reception centres are followed by accommodation either in shared accommodation facilities or in apartments. The physical existential minimum mentioned at each letter (a) above is granted partly as a cash benefit and partly as a benefit in kind; the procedure used by the Federal Länder in this respect is not uniform. Independently of the nature of the housing provided, they also always receive benefits in case of illness, pregnancy and birth, as well as benefits which are indispensable in individual cases to ensure a livelihood, in the shape of benefits in kind, and are only given cash benefits for these contingencies if special circumstances apply. 2. An asylum seeker is eligible who is actually in Germany and has lodged an application for asylum on which no decision has yet been 13 of 32

14 taken. This also applies to individuals who wish to enter as asylum-seekers via an airport and to whom entry has not been permitted, or has not yet been permitted, or to asylum seekers who lodge a renewed application (follow-up application). If asylum, refugee protection or subsidiary protection is granted, assistance benefits are provided directly in accordance with the Social Code (Sozialgesetzbuch), which also applies to others who are in need of assistance. Reference is made to the reply to Question 5 with regard to those individuals whose asylum applications have been rejected and who are obliged to leave the country. 3. a) The Federal Constitutional Court has used the benefit rates of the Standard Needs Calculation Act (Regelbedarfs-Ermittlungsgesetz RBEG) to define the need of those eligible to receive benefits. For each field of welfare benefits in accordance with the Second and Twelfth Books of the Social Code (Sozialgesetzbuch SGB II & SGB XII), these rates contain a statutory provision on the amount of the benefits to ensure the existential minimum. The rates are stipulated in the Standard Needs Calculation Act on the basis of a special evaluation that is orientated to the statistical model of the EVS (Sample Survey of Household Income and Expenditure), this being a set of official statistics on the consumption expenditure of lower income group households. b) Recipients may decide for themselves how the cash benefit is to be used. This enables them to manage and redistribute resources themselves as necessary within their benefit limits. The statutory benefit claim covers recipients entire needs for subsistence. The Standard Needs Calculation Act takes account amongst other things of the sections food, alcohol-free beverages, clothing and shoes, housing, energy, housing maintenance and healthcare, transport, communication and other goods and services. c) The Standard Needs Calculation Act presents different benefit rates for single people, families and children and juveniles, since their relevant consumption expenditure differs. d) In accordance with the ruling of the Federal Constitutional Court, benefits which are provided as benefits in kind are to be removed from the calculation of the amount of money. In accordance with the Court s ruling, the amount to be deducted is in turn in line with the stipulations made in the Standard Needs Calculation Act for specific consumption expenditure. Benefits in kind can cover the need for food, housing, heating, clothing, healthcare, as well as household durables and consumables. 4. The Federal Government is currently preparing a reform of the Asylum Seekers Benefits Act to include a provision in accordance with which the amount of the cash benefits is adjusted on an annual basis. 5. Yes. Once an asylum application has been rejected by the competent Federal Office for Migration and Refugees, the person concerned is as a matter of principle obliged to leave the country. Nonetheless, he/she continues to receive benefits in line with those of an asylum seeker. The amount of the respective benefits provided to rejected asylum seekers can be reduced if such individuals must leave the country as a result of the rejection and it has emerged that they have come to the Federal Republic of Germany in order to obtain benefits in 14 of 32

15 accordance with the Asylum Seekers Benefits Act, or where measures to end residence cannot be enforced for reasons for which they are responsible. 6. Subsidies for refugees and SPPs under Asylum Act or alike Subsidies IN CASH Supplies provided for nationals under the Social Act or alike Subsidies IN CASH The assessment of the benefits ensuring subsistence within the general right to welfare under social assistance (Book XII of the Social Code) and to basic income support for jobseekers (Book II of the Social Code) is orientated to the standard need levels in accordance with the Standard Needs Calculation Act (section 8). These are adjusted on an annual basis. The following monthly amounts applied in 2013 for: single persons or adult lone parents 217 (physical existential minimum); 137 (socio-cultural existential minimum) spouse or civil partner 195 (physical existential minimum); 123 (socio-cultural existential minimum) adult members of the household 173 (physical existential minimum); 110 (socio-cultural existential minimum) children aged from 14 to (physical existential minimum); 81 (socio-cultural existential minimum) children aged from 6 to (physical existential minimum); 88 (socio-cultural existential minimum) single persons or adult lone parents 382 (standard need group 1) spouse or civil partner 345 (standard need group 2) adult members of the household 306 (standard need group 3) children aged from 14 to (standard need group 4) children aged from 7 to (standard need group 5) 15 of 32

16 aged up to (physical existential minimum); 80 (socio-cultural existential minimum) aged up to (standard need group 6) Book II of the Social Code contains special provisions for employable young adults aged under 25 who still live in their parents household or have moved out of their parents home without receiving an assurance from the competent benefit-provider (cf. section 20 subs. 2 sentence 2 No. 2 of Book II of the Social Code and section 22 subs. 5 of Book II of the Social Code). In addition to these benefits, the appropriate costs of housing and heating are refunded (section 22 of Book II of the Social Code and section 35 of Book XII of the Social Code), and requirements for education and participation (e.g. expenditure for class trips) are paid (cf. sections 21, 24, 28 and 29 of Book II of the Social Code and 31, 32, 34 and 34a of Book XII of the Social Code) plus in exceptional cases additional requirements (e.g. for medical reasons) and one-off needs (e.g. initial equipment for an apartment). Social supply provided IN KIND Necessary medical and dental treatment, including provision of medicines and bandages, as well as other benefits necessary to heal, improve or alleviate illnesses or the consequences of illness, are to be granted in order to treat acute illnesses and pain. Dental prostheses are only provided if this cannot be delayed in the individual case for medical reasons. Pregnant women and women in childbed are to be granted medical and nursing care, the assistance of a midwife, as well as medicines, bandages and remedies. Additionally, the officially recommended protective inoculations and medically necessary check-ups are Social supply provided IN KIND General welfare law (Books II and XII of the Social Code) also provides for payment of the contributions which members of obligatory statutory health insurance, as well as of statutory obligatory longterm care insurance, would otherwise have to make. The same also applies to contributions to health insurance with a private insurance company, but on proviso that the contributions must be appropriate. Beneficiaries in accordance with Book II of the Social Code are obligatory members of the statutory health insurance unless they already have private health insurance. 16 of 32

17 to be provided. Other benefits may in particular be granted if they are indispensable in individual cases to ensure health. The benefits are to be granted as benefits in kind or, should special criteria be met, as a cash benefit. Healthcare treatment for beneficiaries in accordance with Book XII of the Social Code who do not have health insurance and who do not have any other insurance are also taken on by the statutory health insurance funds (section 264 of Book V of the Social Code). Moreover, medical care is also ensured by assistance to restore health in accordance with the Fifth Chapter of Book XII of the Social Code (sections 47 to 52 of Book XII of the Social Code). Unlike asylum-seekers, to whom the Asylum Seekers Benefits Act applies as a separate security system, general welfare law (Books II and XII of the Social Code) provides as a matter of principle that any person in need of assistance is a beneficiary whose place of residence or habitual residence is in Germany (territoriality principle). Attribution to the benefits systems comprising social assistance (Book XII of the Social Code) and income support for jobseekers (Book II of the Social Code) in turn aims to integrate the person in need of assistance into the regular labour market (criterion of ability to work or the standard age limit). Greece Yes 1. No, our support system has not changed since 2007, when the presidential decree n. 220 set the minimum requirements for the reception of asylum seekers according to Directive 2003/9/ (EEL 31/ ) 2. The total package of support comes of the above presidential decree. Our system of reception services includes accommodation services, legal aid, psychological and social support, medical care, interpretation services, Greek language lessons, vocational training and recreational activities and in some cases rental subsidies. 3. There is no provision for a regular financial support to asylum seekers. 4. N.A. 5. N.A. 6. N.A. Hungary Yes 1. Regulations, rules and the amount of the untied spending money have not changed. Furthermore, the support system of the asylum seekers is unchanged. The reimbursement of the costs of schooling and education has changed since 1 September, It can be granted until the minimum school-leaving age (16). However, it can be prolonged by taking part in (non-tertiary) full-time course. 17 of 32

18 In relation to the financial requirements for accommodation, normal food allowance increased from 875 HUF per day to 950 HUF per day. Its special rate given to persons under the age of 18 and to pregnant women and nursing mothers increased from 950 HUF per day to 1,000 HUF per day. 2. During the primary assessment procedure, the applicant (if he/she is in need and fulfils conditions set out in law) is entitled to the financial requirements for accommodation, health care and on request to the reimbursement of the costs of schooling and education and to the support of return. Besides these supports, following the decision on the submission to detailed procedure, the applicant (if he/she is in need and fulfils conditions set out in law) is entitled to receive untied spending money and on request to reimbursement of the costs of schooling and education. The applicant shall declare his/her financials and request for the supports at the time of the application. 3. a) Are the support rates set according to a methodology or legal framework? The applicant receives the amount of support set out in law if he/she fulfils the conditions. b) What are recipients expected to spend their financial support on? The support must be spent on the established aims. Supports of schooling and education must be spent for these purposes (e.g. course books, school supplies and other costs in relation to education, like traveling to the institution etc). Untied spending money can be spent without any restrictions. c) What is your reasoning for providing different amounts of money to different types of asylum seekers; single adults, families, children? Basically, the vulnerable persons are entitled to higher amount of untied spending money. Less untied spending money is given to working-age adults who are able to work if a job can be offered for them, since they can complete the amount of untied spending money with their salary. On the basis of judgement, less untied spending money is to be given breaching criminal law or misdemeanour. d) How do you differentiate between the amounts of money provided to those provided with accommodation compared with those who are not provided accommodation? For applicants staying in reception centres the followings are ensured: accommodation, meal three times a day (or food allowance), toilet articles (or hygiene allowance), untied spending money, may receive donations, health care, reimbursement of the costs of schooling and education, travel allowance, support of return, funeral payments. For the applicants staying in private accommodation the followings are ensured: health care, may receive donations, travel allowance, reimbursement of the costs of schooling and education, support of return, funeral payments. 18 of 32

19 There is no differentiation concerning the amount of support staying in reception centre or private accommodation. 4. The supports and their rates are set out in law. Therefore, there is no regular review. Food and hygiene allowance are to be reviewed by the Office of Immigration and Nationality yearly (or more often if it is needed). The amount is to be corrected paying attention to the price level. 5. After the final rejecting decision on the asylum application, the applicant comes under aliens policing procedure staying in detention centre or community shelter. The accommodation, meal, clothes (if needed) and certain health care are ensured. 6. The basic aim of the support is highly differ in relation to the support given to asylum seekers or citizens. For asylum seekers, the aim of the support is to preserve health and satisfy the basic needs. Hungarian citizens are entitled to wider social security services. Italy Yes 1. The support system provided to asylum seekers has not changed since our response to the Luxemburgish ad hoc query of 27 January The protection system for asylum applicants is based on reception in appropriate public or private structures where beneficiaries are provided of food and lodging. For this reason, the payment of a sum of money in favor of asylum applicants hosted at reception centres is not provided by the Italian law, even though some centres (as per the project peculiarities and in accordance with the guidelines established by the National Fund for Asylum Policies and Services) can provide pocket money to their guests whose amount varies according to the number of family members. 3. With reference to asylum applicants who are not living in reception centres, we shall refer to the following normative provisions. The discipline referring to the so-called first assistance economic contribution was firstly determined in Italy by Art. 1-sexies of Law Decree n.416/1989, converted (with amendments) into Law n.39/1990. According to Article 1 paragraph 7 of the above-mentioned provision, the Ministry of Interior is entitled to provide a first assistance economic contribution to asylum applicants entered in Italy up to the first 45 days of stay in the national territory. This contribution can only be delivered to those applicants who are not in possession of means of subsistence or accommodation in Italy. This is also ruled by Art. 32 of Law n.189/2002 and Art. 5 and 6 of Law Decree n. 140/2005, implementing Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers. In particular, Art. 6 paragraph 7 of Law Decree n. 140/2005 envisages an initial economic contribution for asylum applicants who cannot benefit from reception services due to lack of availability. The request of economic contribution shall be submitted to the competent Police Office that is in charge of verifying the indigence of the applicant and to forward the request to the Prefecture. The amount to be delivered is determined by Art. 14 of Ministry of Interior Decree n. 14/2005, stating that the contribution ( 27,89 per day per person) shall be paid to the applicant and to each component of the family for the time necessary to find a place at a reception centre or for a maximum of 35 days. This has to be paid in two separate installments: - Contribution for the first 20 days equal to 557,80 per person; - Contribution for the remaining 15 days equal to 418,35 per person (unless in the meantime the applicant has already been granted refugee status). 19 of 32

20 In order to obtain the first assistance economic contribution, the applicant shall refer to the Provincial Treasury (Bank of Italy) with a valid identity document. The applicant can appeal against an eventual denial within 30 days to the Ministry of Interior. As regards additional benefits, specific social activities are carried out, aimed at an understanding of the area and the effective access to local services, including social and health care. Activities to facilitate the learning of Italian and adult education are also planned, such as the enrollment in school for children in mandatory school age, and further improvements of legal information on the procedure for recognition of international protection and the rights and obligations of beneficiaries in relation to their status. Latvia Yes 1. No. 4. Levels of support for asylum applicants who are not living in reception centers are provided for by law, whereas support provided by reception centers varies according to each project peculiarities. 5. Only failed asylum applicants who submitted an appeal and are unable to work can be hosted at reception centers. No additional financial support is envisaged. 6. Such a comparison is inapplicable in our national context due to the abovementioned reasons. 2. According to the national legislation there is no difference in an amount of support for different categories of asylum seeker single adult, families and children. During the asylum procedure an asylum seeker is accommodated at an accommodation centre for asylum seekers (hereafter accommodation centre) where necessary living conditions are provided. The regulation of government stipulates that the amount of expenses for the purchase of subsistence, hygiene and basic necessities for any asylum seeker who has been accommodated in the accommodation centre is 1.50 LS per day ( 2,20 Euro). An asylum seeker has the right to receive emergency medical assistance and primary health care financed from State funds and for minor asylum seekers access to education is provided. In case of necessity the EBF project s resources are used to provide an additional support to asylum seekers. 3.a) Please, see the answer 2; b) we expect that the financial support will be used by asylum seeker for food and goods of basic necessities; c) there is no difference in the amount of support for different categories of asylum seekers - single adult, families and children; d) the current capacity of reception system is sufficient to provide accommodation for any asylum seeker during the asylum procedure. 4. No. The national policy of determining the amount of allowances does not envisage the regular review of the level of support. 5. The State does not provide financial assistance to failed asylum seekers. 6. Support provided for asylum seekers is equal to the guaranteed minimum income level provided to nationals. 20 of 32

21 Lithuania No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further Luxembourg Yes 1. Yes. Grand ducal regulation of 8 June 2012 fixing the conditions and the modalities for granting social aid to international protection seekers changed the amount of monthly allowances mentioned in the LU ad-hoc query. 2. As we mentioned on point 1 the total package of support provided for international protection seekers is fixed by the Grand-ducal regulation of 8 June Article 1 of the regulation indicates that the social aid granted to international protection seekers who cannot meet their essential living needs. It includes: a. Accommodation; b. Monthly allowance; c. Basic medical care; during the 3 months upon arrival in LU and following the launch of an asylum application; d. Voluntary sickness insurance contributions to the social security system; (starting from the 1 st day of the 4 th month of insurance, which gives access to full medical care, including dental care) e. Public transport; f. Social guidance; g. Guidance and protection of unaccompanied minors; h. Psychological care and follow up for people who need it (especially victims of traumatic events); i. Advice on sexual and reproductive matters; j. Punctual aids in case of need (people with special needs, pupils and students). 3.The levels of financial support are: k. Set by legal framework (see 1 and 2); l. The financial support is expected to meet essential living needs. However, the amount of the monthly allowance in cash can be expended by the beneficiary as s/he wishes. This monthly allowance, which is considered as being a so called pocket money, is completed with aids in nature or vouchers (for toiletries for example). m. NO the amount of the monthly financial support is exactly the same for everybody The reasoning behind the different categories is to respond to the basic needs of the person depending on the composition of the household, the age of its members and the economic means of the household (article 4 (1)). Elle tient compte des besoins particuliers des personnes vulnérables, telles que les mineurs, les mineurs non accompagnés, les handicapés, les personnes âgées, les femmes enceintes, les parents isolés accompagnés de mineurs et les personnes qui ont subi des tortures, des viols ou d autres formes graves de violence psychologique, physique ou sexuelle, besoins constatés après une évaluation individuelle de leur situation n. In case of full board or housing with meals or basic food items, the international protection seeker receives a monthly allowance (pocket money) of: i. 25 per adult; ii. 12,50 per child; iii. 25 per unaccompanied minor aged between 16 and 18 years old. In case that a meal service is not possible the international protection seeker receives a monthly allowance (covering food 21 of 32