International Protection Act 2026

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Chapter 2

Material reception conditions

Provision of material reception conditions

75. (1) Subject to this Part, an applicant shall be entitled to receive material reception conditions under this Chapter where the applicant does not have sufficient means to have an adequate standard of living without receiving such conditions.

(2) The Minister shall make material reception conditions (other than the daily expenses allowance and the clothing allowance) available to the applicant at the accommodation allocated to the applicant under section 76 provided that the applicant resides in the accommodation.

(3) The Minister for Social Protection shall make the daily expenses allowance and, where necessary, a clothing allowance available to the applicant provided that the applicant resides in the accommodation allocated to the applicant under section 76 .

(4) The Minister, in consultation with the Minister for Social Protection, shall ensure that the material reception conditions provided to the applicant in accordance with their respective functions under subsections (2) and (3) provide an adequate standard of living for the applicant in accordance with Article 19(2) of the Reception Conditions Directive.

(5) The Minister shall ensure that the requirements of subsections (2), (3) and (4) are also met in respect of—

(a) applicants assessed as having special reception needs under section 81 , and

(b) applicants held in detention under Part 5 .

(6) Following consultation with the Minister for Social Protection, the Minister may by regulations do one or more than one of the following:

(a) provide that material reception conditions or specified material reception conditions are to be available to an applicant only where the applicant does not have sufficient financial means to have an adequate standard of living as referred to in subsection (1);

(b) require an applicant to cover or contribute to the cost of the material reception conditions which the applicant receives where the applicant has sufficient means to do so;

(c) where it transpires that an applicant had sufficient financial means to cover the cost of the material reception conditions received at the time the applicant was provided with such conditions, require the applicant to refund the cost of those conditions to the State;

(d) in so far as it is necessary and proportionate for the purposes of this subsection, impose requirements on an applicant to share details of the applicant’s financial means with the Minister and the Minister for Social Protection in such form and manner and in such circumstances as may be prescribed;

(e) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an employer of an applicant, the Minister for Social Protection and the Revenue Commissioners to share with the Minister details of payments received by the applicant in such form and manner and in such circumstances as may be prescribed.

(7) Regulations under subsection (6) shall ensure that—

(a) the principle of proportionality is respected,

(b) the applicant’s individual circumstances are taken into account,

(c) the need to respect the applicant’s dignity or personal integrity is taken into account, and

(d) the applicant’s special reception needs (if any) are taken into account.

(8) The Minister or the Minister for Social Protection may provide the material reception conditions, or particular material reception conditions, as a financial allowance or vouchers or a combination of these.

(9) The Minister, following consultation with the Minister for Social Protection, may make such regulations as the Minister considers necessary in order to—

(a) arrange for the provision of material reception conditions to applicants, and

(b) arrange for the giving of financial allowances or vouchers or a combination of these to applicants instead of any or all of the material reception conditions.

(10) The entitlement of an applicant to material reception conditions under this Chapter shall not apply to an unaccompanied minor being provided with such conditions by or on behalf of the Child and Family Agency.