Operational Guidelines: Social welfare entitlements of people in Direct Provision centres (or similar centres)

As Copied from Irish Government Website 22 June 2020
From Department of Employment Affairs and Social Protection 

Published at: 11 May 2020
Last updated 7 November 2019

• 1. Introduction
• 2. Access to the labour market for those in the protection process
• 3. Habitual Residence Condition (HRC)
• 4. Means testing and the assessment of non-cash benefits.
• 5. JA/Basic SWA and availability for work and genuinely seeking work
• 6. Child Benefit

• 7. Appendix A
• 8. Appendix B
• 9. Appendix C
• 10. Appendix D
• 11. Appendix E
• 12. Appendix F

Social welfare entitlements of people in Direct Provision centres (or similar centres).
Important message: The legislation relating to means testing for people in Direct Provision and similar centres will cease to have effect from 30th September 2019. If you are reading this after 30th Sept 2020, please check for more recent guidelines.
IntroductionThere are different categories of people living in direct provision centres, and in similar centres, such as Emergency Reception and Orientation Centres (EROCs). The purpose of this guideline is to bring together in a single document the key information for DOs and DPs in relation to the rules for social welfare entitlements for this diverse group. In addition, this guideline outlines changes in access to the labour market for those in the protection process as a result of Ireland opting into the EU (recast) Reception Conditions Directive in June 2018.
This guideline should be read in conjunction with the guidelines for each scheme as well as HRC and means testing guidelines, as necessary.
Key issues in determining the social welfare entitlements of people either seeking protection or granted protection .
There are a number of different forms of protection which the State can grant to asylum seekers. These include refugee status, subsidiary protection and temporary leave to remain. For the purpose of this guideline, the term “protection” is used to cover all of these.
People seeking asylum/protection can arrive in the State in different ways:

• under UN resettlement programmes, people arriving in Ireland will already have been selected under the UNHCR resettlement programme and granted refugee status on arrival in Ireland
• under the EU relocation Programme, people will arrive in Ireland from other EU member states before their status is determined, i.e. it will be up to the Irish authorities to process their claims for international protection.
• other asylum seekers arrive in Ireland independently of any formal programme, and seek international protection on arrival

The first two groups will usually be accommodated in a network of Emergency Reception and Orientation Centres (EROCs), while the last are offered accommodation in Direct Provision Centres.
In determining entitlement to social welfare payments for people seeking or granted protection, DOs/DPs/AOs need to be particularly aware of the legislation in relation to the Habitual Residence Condition, where there is a clear distinction between those who have been granted protection and those who have not yet been granted protection.
Generally, those who have not yet been granted protection and who reside within accommodation provided by the Department of Justice (DP centres and EROCs) will receive the Daily Expenses Allowance (formerly known as Direct Provision Allowance) and may qualify for ENPs under the SWA scheme. As they cannot meet the Habitual Residence Condition, they will not qualify for other social welfare payments.
Access to the labour market for those in the protection processWith effect from 30th June 2018 and in compliance with the EU Reception Conditions Directive (2013/33/EU), international protection seeking applicants, who are awaiting a first instance decision on their status for 9 months or longer, can apply for access to the labour market and can avail of the Department’s Public Employment Services on a voluntary walk- in basis. This access is granted to eligible applicants by way of a renewable labour market permission administered by the Irish Naturalisation and Immigration Service. Holders of such permissions do not require a work permit. In addition, any protection applicant wishing to avail of assistance with regard to seeking employment may contact case officers at their local Intreo Centre.
In the case of people who have been granted protection (whether before arrival in Ireland or afterwards), they may apply for social welfare payments appropriate to their circumstances. In particular, they may potentially qualify for means-tested payments.
In the interests of consistency across schemes, and also to achieve a degree of equity between people living in Direct Provision Centres, people living in EROC centres, and those living in the community, it is desirable that decision makers would take a reasonably consistent approach to the assessment of the value of the accommodation and services provided to those in DP and EROC centres, where the legislation allows.
More details on HRC and means testing/the assessment of non-cash benefits for these situations are set out below.
Habitual Residence Condition (HRC)HRC applies* to all social assistance schemes and to Child Benefit. There is an exception: while HRC applies to weekly payments under the Supplementary Welfare Allowance scheme (SWA), it does not apply to urgent or exceptional needs payments (ENPs). So a person who does not satisfy HRC cannot qualify for any social assistance payment (apart from ENPs under SWA) or for Child Benefit.
All decision makers (DOs, DPs, AOs) taking HRC decisions should familiarise themselves with the HRC legislation and guidelines. The HRC guidelines contain more detail regarding the treatment of different categories of asylum seekers, refugees and others.
The legislation regarding HRC makes a clear distinction between people who have been granted protection and those whose applications for protection have been refused or have not yet been determined.
Section 246 (7) of the Social Welfare Consolidation Act 2005 (as amended) makes it clear that a person who is seeking protection, and whose claim has not yet been decided or whose claim has been refused, cannot be regarded as habitually resident for the purpose of the Act. Furthermore, if such a person is granted protection, the Act also provides that they cannot be regarded as habitually resident for any time period before protection was granted. So, until protection is granted, asylum seekers etc. cannot receive any non-contributory payment (apart from ENPs) or Child Benefit.
Once protection is granted, the person has a right to live and work in Ireland on the same basis as an Irish citizen. They are entitled to apply for any social welfare payment appropriate to their circumstances, subject to the rules of the particular scheme. Under the legislation, they need to satisfy HRC.
The legislation requires the decision maker to take into account all of the circumstances of the case and, in practice, in the vast majority of cases it will be clear that once permission to remain has been granted, the customer’s centre of interest is now Ireland, and in general DOs and DPs should be able to decide the person satisfies HRC without seeking the detailed information regarding residence, employment etc. that is required in other HRC cases.

• There are some exceptions, e.g. people who qualify as EU workers, but these would not be relevant to the current guideline.

Means testing and the assessment of non-cash benefits.Once a person has been granted protection (whether this is before arrival or after arrival in Ireland), they can qualify for means tested payments on the same basis as Irish citizens.
The following social welfare schemes allow for the assessment of non-cash benefits in the means tests *.

• Supplementary Welfare Allowance
• Jobseeker’s Allowance
• Disability Allowance
• State Pension (Non-Contributory)
• Widow’s and Widower’s Non-Contributory Pension
• One Parent Family Payment

People in DP centres/EROC centres receive accommodation, food and other services. In order to get consistent treatment, it is recommended that DOs/DPs assess the value of these non-cash benefits for all of the above schemes at the following rates from week commencing 06th January 2020.

Single Person€162.20​
Couple​€258.10​
Couple, 1 Child€264.30
Single, 1 Child​€168.40For the purpose of this assessment, these values should be increased by €6.20 for each child after the first, in order that older children get the benefit of the higher IQC for over 12s.
In a small number of cases the effect of rounding/rate banding, in accordance with the relevant scheme rules, may lead to a lower rate of payment. Where a customer is already in payment at the higher rate, the means should be adjusted in order to ensure that the customer’s payment is not reduced.
**PRETA and Farm Assist also allow for the assessment of non-cash benefits received, but are not considered further here as PRETA is closed to new applicants and Farm Assist would not be relevant to this group.
***The legal basis is Article 142 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2019; and Article 412 of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 to 2019.
Notes:
In the case of Jobseeker’s Allowance and Basic SWA, where the applicant is under 25 and the age-related payment rates apply, it is recommended that DOs/DPs adjust the value of the non-cash benefits to ensure that a minimum payment of €40.80 and € 38.80 respectively per week is made in cases where there are no other means.
In the case of Carer’s Allowance and Blind Pension, there is no legal basis for the assessment of non-cash benefits and therefore no value for non-cash benefits should be included in the means test.
In the case of Guardian’s Payment, no value for non-cash benefits should be included in the means test.
Payments to residents with status in Carroll Village
One accommodation centre, Carroll Village, Dundalk, Co. Louth, provides self-catering accommodation to a small number of protection applicants. In these cases the rate of Daily Expenses Allowance (DEA) is increased to reflect that the residents must meet their basic needs other than the provision of accommodation.
In the event that a person/family resident in Carroll Village receives their status and continues living for a period in this accommodation, then they are eligible to apply for the appropriate DEASP primary payment. When considering the assessment on non-cash benefits in this situation, it is recommended that a deduction be made in line with the approach taken for protection applicants, i.e. €30/€40 per week depending on whether it is a single adult or couple household.
JA/Basic SWA and availability for work and genuinely seeking workOnce a person has protection (i.e. refugee status or other leave to remain) they are entitled to work in Ireland and every effort should be made to ensure that they are encouraged to engage with the labour market as soon as possible.
People arriving in Ireland as asylum seekers or refugees under various programmes (UN or EU) will initially undertake a language training and orientation programme. At the end of this programme, and once their asylum status has been decided, they should be subject to the same rules in determining availability/GSW as an Irish citizen.
Programme refugees and other cohorts who have been granted refugee status and those granted leave to remain in the State should be on a payment appropriate to their circumstances. Those who are potential jobseekers should be required to claim for Jobseekers Allowance, and once they meet that payment’s underlying qualifying criteria they should not be excluded from activation. When on a Jobseeker payment they should avail of the activation service by engaging with a Case Officer.
Child BenefitPeople who are granted protection will normally qualify for Child Benefit from the date on which protection is granted (or arrival in Ireland, if later). This is of course subject to the normal rules of residence etc. Child Benefit will be paid at the normal rate, regardless of whether the customer is accommodated in a DP centre, EROC centre or living in the community.
Note: Recommended values for non-cash benefits applying in preceding years are given in the Appendices to this guideline.
In a small number of cases the effect of rounding/rate banding leads to a lower rate of payment. Where a customer is already in payment at the higher rate, the means should be adjusted in order to ensure that the customer's payment is not reduced.
Appendix A
Value of Non Cash Benefits to be assessed
From 06/01/2020From 25/03/2019From 26/03/2018From 03/08/2017From 13/03/17-02/08/17 inclusiveFrom 07/01/216-12/03/2017 inclusivePeriods prior to 07/01 /2016
Personal Rate€162.20€162.20€174.00€169.40€171.90€166.90€166.90
Couple€258.10€258.10€284.20275.90€280.90€272.60€272.60
Couple, 1 child€264.30€262.30€294.40284.10€295.10€286.80€292.80
Couple, 2 children€270.50€266.50€304.60€292.30€309.30€301.00313.00
Couple, 3 children€276.70€270.70€314.80300.50€323.50€315.20€333.20
Personal rate + 1 child€168.40€166.40€184.60€177.60€186.10181.10187.10
Personal rate + 2 children€174.60€170.60194.80€185.80€200.30€195.30207.30
Personal rate + 3 children€180.80€174.80€205.00€194.00€214.50€209.50€227.50
Each additional child€6.20+€4.20+€10.20+€8.20€14.20€14.20€20.20Appendix BRates to be applied from week commencing 26-03-2018

Value of Non Cash Benefits to be assessedValue of the weekly payment with the non-cash benefits assessed according to relevant scheme rules
Basic SWAJobseeker’s AllowanceOne Parent Family PaymentDisability AllowanceState Pension Non-ConBlind PensionWidow’s Pension Non-ConGuardian’s Payment Non-ConCarer’s Allowance
Personal Rate€174.40€21.60€24.00€25.50€87.00€198.00€30.50€181.00€214.00
Couple€284.20€43.20€45.40€46.90€198.50€326.10
Couple, 1 child€294.40€64.80€67.20€68.70€222.00€357.90
Couple, 2 children€304.60€86.40€88.00€90.50€245.50€389.70
Couple, 3 children€314.80€108.00€109.80€112.30€269.00€421.50
Personal rate + 1 child€184.60€43.20€52.80€108.80€245.80
Personal rate + 2 children€194.80€86.40€74.10€130.60€277.60
Personal rate + 3 children€205.00€108.00€95.90€152.40€309.40Appendix C
Value of Non Cash Benefits to be assessedValue of the weekly payment with the non-cash benefits assessed according to relevant scheme rules
Basic SWAJobseeker’s AllowanceOne Parent Family PaymentDisability AllowanceState Pension Non-ConBlind PensionWidow’s Pension Non-ConGuardian’s Payment Non-ConCarer’s Allowance
Personal Rate€171.90€19.10€21.00€23.00€84.50€188.00€30.50€176.00€209.00
Couple€280.90€38.20€40.10€41.10€190.20€312.80
Couple, 1 child€295.10€53.80€55.90€55.90€207.50€342.60
Couple, 2 children€309.30€69.40€71.70€73.20€229.00€372.40
Couple, 3 children€323.50€85.00€86.50€88.00€246.30€402.20
Personal rate + 1 child€186.10€42.80€238.80
Personal rate + 2 children€200.30€57.60€268.60
Personal rate + 3 children€214.50€74.90€298.40
Each additional child€6.20+€4.20+€10.20€74.90€8.20€14.20€14.20€20.20Appendix DRates to be applied from 03-08-2017

Value of Non Cash Benefits to be assessedValue of the weekly payment with the non-cash benefits assessed according to relevant scheme rules
Basic SWAJobseeker’s AllowanceOne Parent Family PaymentDisability AllowanceState Pension Non-ConBlind PensionWidow’s Pension Non-ConGuardian’s Payment Non-ConCarer’s Allowance
Personal Rate€166.90€19.10€21.00€23.00€84.50€188.00€28€161.00€204.00
Couple€272.60€38.20€39.80€40.30€190.20€312.80
Couple, 1 child€286.80€53.80€55.60€57.60€207.50€342.60
Couple, 2 children€301.00€69.40€71.40€72.40€224.90€372.40
Couple, 3 children€315.20€85.00€87.20€87.20€242.20€402.20
Personal rate + 1 child€181.10€42.80€233.80
Personal rate + 2 children€195.30€57.60€263.60
Personal rate + 3 children€209.50€74.90€293.40Appendix ERates for the period 07-01-2016 - 12-03-2017 inclusive

Value of Non Cash Benefits to be assessedValue of the weekly payment with the non-cash benefits assessed according to relevant scheme rules
Basic SWAJobseeker’s AllowanceOne Parent Family PaymentDisability AllowanceState Pension Non-ConBlind PensionWidow’s Pension Non-ConGuardian’s Payment Non-ConCarer’s Allowance
Personal Rate€166.90€19.10€21.00€23.00€84.50€188.00€28€161.00€204.00
Couple€272.60€38.20€39.80€40.30€190.20€312.80
Couple, 1 child€286.80€53.80€55.60€57.60€207.50€342.60
Couple, 2 children€301.00€69.40€71.40€72.40€224.90€372.40
Couple, 3 children€315.20€85.00€87.20€87.20€242.20€402.20
Personal rate + 1 child€181.10€42.80€233.80
Personal rate + 2 children€195.30€57.60€263.60
Personal rate + 3 children€209.50€74.90€293.40Appendix FVALUE OF NON-CASH BENEFITS PRIOR TO 03 AUGUST 2017
For periods between 13 March 2017 and 02 August 2017, it is recommended that DOs/DPs assess the value of non-cash benefits for Supplementary Welfare Allowance, Jobseeker’s Allowance, Disability Allowance, State Pension (Non-Contributory), Widow’s and Widower’s Non-Contributory Pension and One Parent Family Payment at the following rates:

Single Person€171.90
Couple€280.90
Couple, 1 child€295.10
Couple, 2 children€309.30
Couple, 3 children€323.50
Single 1 child€186.10
Single 2 children€200.30
Single 3 children€214.50For larger numbers of children, for periods from 13 March 2017, these values should be increased by €14.20 for each child after the third.
In the case of Jobseeker’s Allowance and Basic SWA, where the applicant is under 26 and age-related payment rates apply, it is recommended that DOs/DPs adjust the value of the non-cash benefits to ensure a minimum payment of €19.10 per week in cases where there are no other means.
VALUE OF NON-CASH BENEFITS PRIOR TO 13 MARCH 2017
For periods between 07 January 2016 and 12 March 2017, it is recommended that DOs/DPs assess the value of non-cash benefits for Supplementary Welfare Allowance, Jobseeker’s Allowance, Disability Allowance, State Pension (Non-Contributory), Widow’s and Widower’s Non-Contributory Pension and One Parent Family Payment at the following rates:

Single Person€166.90
Couple€272.60
Couple, 1 child€286.80
Couple, 2 children€301.00
Couple, 3 children€315.20
Single 1 child€181.10
Single 2 children€195.30
Single 3 children€209.50For larger numbers of children, for periods from 7 January 2016, these values should be increased by €14.20 for each child after the third.
In the case of Jobseeker’s Allowance and Basic SWA, where the applicant is under 26 and age-related payment rates apply, it is recommended that DOs/DPs adjust the value of the non-cash benefits to ensure a minimum payment of €19.10 per week in cases where there are no other means.
VALUE OF NON-CASH BENEFITS PRIOR TO 07 JANUARY 2016
For periods prior to 07 January 2016, it is recommended that DOs/DPs assess the value of non-cash benefits for Supplementary Welfare Allowance, Jobseeker’s Allowance, Disability Allowance, State Pension (Non-Contributory), Widow’s and Widower’s Non-Contributory Pension and One Parent Family Payment at the following rates:
For periods prior to 07 January 2016, it is recommended that DOs/DPs assess the value of non-cash benefits for Supplementary Welfare Allowance, Jobseeker’s Allowance, Disability Allowance, State Pension (Non-Contributory), Widow’s and Widower’s Non-Contributory Pension and One Parent Family Payment at the following rates:

Single Person€166.90
Couple€272.60
Couple, 1 child€292.80
Couple, 2 children€313.00
Couple, 3 children€333.20
Single 1 child€187.10
Single 2 children€207.30
Single 3 children€227.50For larger numbers of children, for periods prior to 7 January 2016, these values should be increased by €20.20 for each child after the third.
In the case of Jobseeker’s Allowance and Basic SWA, where the applicant is under 26 and age-related payment rates apply, it is recommended that DOs/DPs adjust the value of the non-cash benefits to ensure a minimum payment of €19.10 per week in cases where there are no other means.
Habitual Residence Condition (HRC)
HRC applies* to all social assistance schemes and to Child Benefit. There is one exception: while HRC applies to weekly payments under the Supplementary Welfare Allowance scheme (SWA), it does not apply to urgent or exceptional needs payments (ENPs). So a person who does not satisfy HRC cannot qualify for any social assistance payment (apart from ENPs under SWA) or for Child Benefit.
All decision makers (DOs, DPs, AOs) taking HRC decisions should familiarise themselves with the HRC legislation and guidelines. The HRC guidelines contain more detail regarding the treatment of different categories of asylum seekers, refugees and others.
The legislation regarding HRC makes a clear distinction between people who have been granted protection and those whose applications for protection have been refused or have not yet been determined. Section 246 (7) of the Social Welfare Consolidation Act 2005 (as amended) makes it clear that a person who is seeking protection, and whose claim has not yet been decided or whose claim has been refused, cannot be regarded as habitually resident for the purpose of the Act. Furthermore, if such a person is granted protection, the Act also provides that they cannot be regarded as habitually resident for any time period before protection was granted. So, until protection is granted, asylum seekers etc. cannot receive any non-contributory payment (apart from ENPs) or Child Benefit.
Once protection is granted, the person has a right to live and work in Ireland on the same basis as an Irish citizen. They are entitled to apply for any social welfare payment appropriate to their circumstances, subject to the rules of the particular scheme. Under the legislation, they need to satisfy HRC. The legislation requires the decision maker to take into account all of the circumstances of the case and, in practice, in the vast majority of cases it will be clear that once permission to remain has been granted, the customer’s centre of interest is now Ireland, and in general DOs and DPs should be able to decide the person satisfies HRC without seeking the detailed information regarding residence, employment etc. that is required in other HRC cases.
*There are some exceptions, e.g. people who qualify as EU workers, but these would not be relevant to the current guideline.
Means testing and the assesment of non-cash benefits
Once a person has been granted protection (whether this is before arrival or after arrival in Ireland), they can qualify for means tested payments on the same basis as Irish citizens.
The following social welfare schemes** allow for the assessment of non-cash benefits in the means tests:

• Supplementary Welfare Allowance
• Jobseeker’s Allowance
• Disability Allowance
• State Pension (Non-Contributory)
• Widow’s and Widower’s Non-Contributory Pension
• One Parent Family Payment

People in DP centres/EROC centres receive accommodation, food and other services. In order to get consistent treatment, it is recommended that DOs/DPs assess the value of these non-cash benefits for all of the above schemes at the following rates from week commencing 26th March 2018.

Single Person€162.20
Couple€258.10
Couple, 1 child€262.30
Single 1 child€184.60
Single 2 children€194.80
Single 3 children€205.00For larger numbers of children, these values should be increased by €10.20 for each child after the third.
**PRETA and Farm Assist also allow for the assessment of non-cash benefits received, but are not considered further here as PRETA is closed to new applicants and Farm Assist would not be relevant to this group.
In the case of Jobseeker’s Allowance and Basic SWA, where the applicant is under 26 and the age-related payment rates apply, it is recommended that DOs/DPs adjust the value of the non-cash benefits to ensure that a minimum payment of €24.00 and €21.60 respectively per week is made in cases where there are no other means.
In the case of Carer’s Allowance and Blind Pension, there is no legal basis for the assessment of non-cash benefits and therefore no value for non-cash benefits should be included in the means test.
In the case of Guardian’s Payment, no value for non-cash benefits should be included in the means test.
JA/Basic SWA and availability for work and genuinely seeking work
Once a person has protection (i.e. refugee status or other leave to remain) they are entitled to work in Ireland and every effort should be made to ensure that they are encouraged to engage with the labour market as soon as possible.
People arriving in Ireland under the two EU programmes will undertake an eight-week language training and orientation programme. At the end of this programme, and once their asylum status has been decided, they should be subject to the same rules in determining availability/GSW as an Irish citizen.
Child Benefit
People who are granted protection will normally qualify for Child Benefit from the date on which protection is granted (or arrival in Ireland, if later). This is of course subject to the normal rules of residence etc. Child Benefit will be paid at the normal rate, regardless of whether the customer is accommodated in a DP centre, EROC centre or living in the community.

• Note: Recommended values for non-cash benefits applying in preceding years are given in the Appendices to this guideline. In a small number of cases the effect of rounding/rate banding leads to a lower rate of payment. Where a customer is already in payment at the higher rate, the means should be adjusted in order to ensure that the customer’s payment is not reduced.

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