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Reception Directive:
Article 19 – General rules on material reception conditions and health care

1. Member States shall ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article 26 of Regulation (EU) 2024/1348Procedures Regulation.

2. Member States shall ensure that material reception conditions and health care received in accordance with Article 22 provide an adequate standard of living for applicants, which guarantees their subsistence, protects their physical and mental health and respects their rights under the CharterThe Charter of Fundamental Rights of the European Union.

Member States shall ensure that the adequate standard of living referred to in the first subparagraph is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention.

3. Member States may make the provision of all or some of the material reception conditions subject to the condition that applicants do not have sufficient means to have an adequate standard of living as referred to in paragraph 2.

4. Without prejudice to paragraph 2, Member States may require applicants to cover or contribute to the cost of the material reception conditions where those applicants have sufficient means to do so, for example if they have been working for a reasonable period of time.

Without prejudice to paragraph 2, Member States may also require applicants to cover or contribute to the cost of the health care received, where those applicants have sufficient means to do so, except where the health care is provided free of charge to the nationals of those Member States.

5. If it transpires that an applicant had sufficient means to cover the cost of the material reception conditions or health care received in accordance with paragraph 4 at the time the applicant was provided with an adequate standard of living, Member States may require the applicant to refund the cost of those material reception conditions or health care.

6. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions and of the health care received or when requiring an applicant to refund costs in accordance with paragraph 5, Member States shall respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant’s special reception needs.

7. Where Member States provide material reception conditions in the form of financial allowances or vouchers, the amount thereof shall be determined on the basis of the levels established by the Member State concerned either by law or practice to ensure an adequate standard of living for nationals. Member States shall inform the Commission and the Asylum Agency of those levels. Member States may grant less favourable treatment to applicants compared with nationals in this respect, in particular where material support is fully or partially provided in kind or where those levels applied for nationals aim to ensure a standard of living higher than that required for applicants by this Directive.


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Correlation table

Directive 2013/33/EUThis Directive
Article 17(1) to (4)Article 19(1) to (5)
—Article 19(6)
Article 17(5)Article 19(7)
Categories: Articles Key words: Detention, Special reception needs

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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