Operational Guidelines: Social welfare entitlements for people in International Protection Accommodation provided by IPAS

Social welfare entitlements of people in International Protection Accommodation provided by IPAS..

There are different categories of people living in IPAS provided accommodation, including Emergency Reception and Orientation Centres (EROCs). The purpose of this guideline is to bring together in a single document the key information for Deciding Officers and Designated Persons 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 because 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 assessment 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 international protection applicants. These include programme refugee status, refugee status, subsidiary protection and permission to remain in Ireland. For 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 International Protection applicants arrive in Ireland independently of any formal programme, and seek international protection on arrival

In determining entitlement to social welfare payments for people seeking or granted protection, Deciding Officer/Designated Persons/Appeals Officers 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 or are on a waiting list to move into accommodation operated by the International Protection Accommodation Services (IPAS) will receive the Daily Expenses Allowance (formerly known as Direct Provision Allowance); and may qualify for Additional Needs Payments (excluding supplements) under the SWA scheme. Further information on DEA is available here. They will not qualify for social welfare payments that are subject to the Habitual Residence Condition, This is further explained in HRC section later in this guideline.

The Habitual Residence Condition (HRC) is not a qualifying condition for receipt of social insurance payments often referred to as benefit payments. These payments are payable where a person has paid the required PRSI contributions and satisfies all other qualifying conditions. Where an International Protection applicant has been granted access to the labour market and he/she can satisfy all qualifying conditions for receipt of a benefit, he/she is eligible to receive that benefit. Persons in employment may also qualify for Working Family Payment.

With effect from 26th January 2021 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 6 months or longer, can apply for access to the labour market and can avail of the Department’s Public Employment Services on a voluntary basis. This access is granted to eligible applicants by way of a renewable labour market permission administered by the Irish Immigration Service. Holders of such permissions do not require a work permit. In addition, any protection applicant wishing to avail of assistance 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.

This will include means-tested payments.

The assessment of non-cash benefits received by people with status who reside in IPAS accommodation ceased to apply as of 1st October 2020. The legislation which provided for the inclusion of the mentioned non-cash benefits in means tests for people granted status residing in IPAS accommodation and similar centres expired on the 30st September 2020.

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 additional needs payments (excluding supplements) I.e., it does not apply to urgent needs payments (UNPs) and exceptional needs payments (ENPs).

All decision makers (Deciding Officers, Designated Persons, Appeals Officers) making HRC decisions should familiarise themselves with the HRC legislation and guidelines. The guidelines contain more detail regarding the treatment of different categories of people who are awaiting a decision on their protection application and those who have been granted or refused a decision on their application.

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 period before protection was granted. So, until protection is granted, persons who are awaiting decisions such as International Protection applicants cannot receive any social assistance payments where HRC is a qualifying condition.

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 scheme. Where HRC is a scheme qualifying condition, 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 international protection has been granted, the customer’s centre of interest is now Ireland, and in general DOs and DPs should be able to decide that the person satisfies HRC without seeking the detailed information regarding residence, employment etc. that is required in other HRC cases.

Note: If a person’s application for International Protection is refused, they may be granted Temporary Leave to Remain, this is not to be confused with being granted International Protection and residence is subject to conditions as set out in their letter from the Minister for Justice. Access to social assistance for those persons granted temporary leave to remain is dependent on the conditions set out in their letter from the Minister for Justice.

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

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.

Once a person has protection (i.e., refugee status or other permission 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. Once protection is granted, the previous labour market permission issued while awaiting a decision on their protection application is no longer valid or required.

Persons granted International Protection in the State and those who entered as Programme refugees 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.

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 IPAS provided accommodation or living in the community.