European Communities (Reception Conditions) Regulations 2018
Source: Iris Oifigiúl 2018-07-06

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paragraphs: (1) These Regulations may be cited as the European Communities (Reception Conditions) Regulations 2018.
(2) These Regulations shall come into operation on 30 June 2018.
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paragraphs: (1) In these Regulations—
(a) an applicant under the Act of 2015;
(b) an applicant under the Act of 1996, to whom a declaration, within the meaning of that Act, has not, under section 17 of that Act, been given or refused;
(c) a person who has made an application for subsidiary protection under Regulation 4 of the Regulations of 2006, in respect of which a determination has not been made under that Regulation;
(d) a person who has made an application within the meaning of the Regulations of 2013, to whom a subsidiary protection declaration has not, under Regulation 20 of those Regulations, been given or refused;
(a) the spouse or civil partner of the recipient or his or her unmarried partner in a stable relationship;
(b) the unmarried, minor children of the recipient;
(c) where the recipient is a minor and unmarried—
(i) the recipient’s father or mother or another adult responsible under law for the recipient, and
(ii) the minor, unmarried children of the recipient’s father or mother;
(a) an application under section 15 of the Act of 2015, the giving, under section 47 of that Act, by the Minister of a refugee declaration or a subsidiary protection declaration to the applicant or, as the case may be, the refusal by the Minister under that section to give such a declaration to the applicant,
(b) an application under section 8 of the Act of 1996, the giving by the Minister under section 17 of that Act of a declaration, within the meaning of that Act, or, as the case may be, a refusal by the Minister to give such a declaration to the applicant,
(c) an application under Regulation 4 of the Regulations of 2006, a determination under paragraph (4) or (5) of Regulation 4(4) of those Regulations in respect of the applicant, and
(d) an application under Regulation 3 of the Regulations of 2013, the giving by the Minister, under Regulation 20 of those Regulations, of a subsidiary protection declaration to the applicant or, as the case may be, the refusal by the Minister under that Regulation to give such a declaration to the applicant;
(a) an application under section 15 of the Act of 2015, a recommendation under section 39 of that Act,
(b) an application under section 8 of the Act of 1996, a recommendation under section 13 of that Act,
(c) an application under Regulation 4 of the Regulations of 2006, a determination under paragraph (4) or (5) of Regulation 4 of those Regulations, and
(d) an application under Regulation 3 of the Regulations of 2013, a recommendation under Regulation 6 of those Regulations;
(a) the housing, food and associated benefits provided in kind,
(b) the daily expenses allowance, and
(c) clothing provided by way of financial allowance under section 201 of the Social Welfare Consolidation Act 2005 ;
(a) an application under section 15 of the Act of 2015;
(b) an application under section 8 of the Act of 1996;
(c) an application under Regulation 4 of the Regulations of 2006;
(d) an application under Regulation 3 of the Regulations of 2013;
(e) an application under Regulation 4 of the Regulations of 2017;
(f) an appeal under Regulation 16(2) of the Regulations of 2018;
(a) a person who—
(i) has given, or is deemed under paragraph (5) to have given, an indication referred to in paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, and
(ii) has not ceased, under paragraph (4), to be a recipient, and
(b) an applicant;
(2) For the purposes of these Regulations, where a transfer decision, within the meaning of the Regulations of 2018, is made in respect of an applicant, he or she shall, on and from the date of the sending to him or her of the notification under Regulation 5(2) of those Regulations of the making of the transfer decision—
(a) cease to be an applicant, and
(b) be deemed to be a recipient but not an applicant.
(3) For the purposes of these Regulations, a person who has made an appeal under Regulation 16(2) of the Regulations of 2018, in respect of which appeal the International Protection Appeals Tribunal has not made a decision, shall be deemed to be a recipient but not an applicant.
(4) A person shall cease to be a recipient if, within 30 working days of giving an indication referred to in paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, he or she does not make, or is not deemed under that section to have made, an application for international protection under section 15 of the Act of 2015.
(5) A reference in these Regulations to a vulnerable person includes a reference to a person who is a minor, an unaccompanied minor, a person with a disability, an elderly person, a pregnant woman, a single parent of a minor, a victim of human trafficking, a person with a serious illness, a person with a mental disorder, and a person who has been subjected to torture, rape or other form of serious psychological, physical or sexual violence.
(6) For the purpose of these Regulations, where a person gives an indication referred to in paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, he or she shall be deemed to have also given such an indication on behalf of any minor in respect of whom the person is taking responsibility for his or her care and protection where the minor is not an Irish citizen and—
(a) at the time of the giving of the indication by the person, is present in the State,
(b) is born in the State while the person is a recipient, or
(c) while still a minor, enters the State while the person is a recipient.
(6) A word or expression which is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: The Minster shall, within 15 working days from the date on which a recipient gives an indication referred to in paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, inform the recipient in writing, in a language that he or she understands or may reasonably be supposed to understand, of—
(a) the material reception conditions to which he or she is entitled under these Regulations,
(b) the contact details of any organisations or groups of persons that, in the opinion of the Minister, may be able to help or inform recipients in relation to the material reception conditions to which they are entitled under these Regulations.
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paragraphs: (1) A recipient shall, subject to these Regulations, be entitled to receive the material reception conditions where he or she does not have sufficient means to have an adequate standard of living.
(2) The entitlement of a recipient under paragraph (1) is subject to the requirement that—
(a) the material reception conditions concerned be made available to him or her only at an accommodation centre that has been designated under Regulation 7 in respect of him or her, and
(b) he or she complies with the house rules of the accommodation centre.
(3) Notwithstanding paragraph (2), the Minister may, during the period beginning on the date on which a recipient becomes a recipient, and ending on the date on which an accommodation centre is designated under Regulation 7 in respect of the recipient, make the material reception conditions available to a recipient at a reception centre.
(4) Where paragraph (3) applies, the Minister shall, without delay, inform the recipient in writing, in a language that he or she may reasonably be supposed to understand, of—
(a) his or her obligations under the house rules of the reception centre in which he or she is being accommodated, and
(b) the contact details of the office of the—
(i) Legal Aid Board (Refugee Legal Service), and
(ii) Health Service Executive,
(5) The Minister may, exceptionally and subject to paragraph (6), provide the material reception conditions in a manner that is different to that provided for in these Regulations where—
(a) an assessment of a recipient’s specific needs is required to be carried out, or
(b) the accommodation capacity normally available is temporarily exhausted.
(6) The provision of the material reception conditions authorised by paragraph (5) shall—
(a) be for as short a period as possible, and
(b) meet the recipient’s basic needs.
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paragraphs: (1) Where a recipient to whom Regulation 4(1) applies, who has attained the age of 18 years, is in receipt of an income for a period of, or periods amounting in aggregate to, 12 weeks, the Minister for Employment Affairs and Social Protection shall assess the relevant portion of the recipient’s weekly income in accordance with Schedule 1 and—
(a) reduce the amount of the daily expenses allowance payable to the recipient by the amount that is identical to the relevant portion concerned, or
(b) where the relevant portion exceeds the daily expenses allowance, cease to pay the daily expenses allowance to the recipient.