legal and social conditions for asylum seekers and refugees in ...

In addition, since January 1999, it is possible to refer asylum seekers to reception centres run by
NGOs, including the Overlegcentrum Integratie Vluchtelingen (OCIV) and the Coordination et
initiative pour réfugiés et étrangers (CIRE). At present, OCIV and CIRE offer respectively 300 and
150 beds, located in small centres or individual housing. Financial and material support is also
provided by these NGOs.
At present, the total capacity in the centres is 4,944. This, however, has not been sufficient to
accommodate all asylum seekers processed under admissibility procedure. As a result, since
September 1999, applicants who have stayed over four months in a reception centre may leave
the centre even though their application is still at the admissibility stage. In such case, they are
referred to a CPAS in order to be granted financial support enabling them to stay on their own.
Still, this measure has not made it possible to provide accommodation in the reception centres to
all new arrivals and in November 1999, authorities started to refer some of the new applicants
directly to a CPAS without offering them temporary accommodation.
Financial assistance
Not all asylum seekers are eligible for financial assistance. Needy asylum seekers may apply to
the Public Social Assistance Centre (CPAS ) for social assistance. Thus:
– applicants who are accommodated in a reception centre receive board and lodging there and
are not entitled to any assistance from the CPAS;
– asylum seekers who are not accommodated in a reception centre – either because they are
processed in the normal determination procedure, or because they have been referred directly
to a CPAS upon arrival – may apply for assistance to the CPAS where they actually live or
where they are registered, if the CPAS of the commune where they live has already reached
its quota.
Social assistance from the CPAS, which is equivalent to the basic social benefit granted to
nationals (“Minimex” – see under “Social Conditions for Refugees” below), amounts to the
following monthly rates (1999):
Single person BEF 20,916 EUR 518
Couple BEF 27,888 EUR 691
First child BEF 4,084 EUR 101
Second child BEF 5,861 EUR 145
Third and any further child BEF 7,626 EUR 189
Following the amendments to the Aliens Law adopted in July 1996, asylum seekers to whom an
enforceable order to leave the territory had been issued could no longer receive social
assistance, regardless of whether or not they had lodged an appeal with the Council of State.
These persons had therefore to rely entirely on the support of NGOs or charitable organisations.
However, in April 1998, the Court of Arbitrage annulled this provision and stated that applicants
who have appealed against the decision of the Permanent Board for Refugees' Appeals (CPRR)
are still entitled to social assistance pending the appeal procedure. Only those who have not
appealed or have appealed against other types of decisions (residence permit under exceptional
reasons, Dublin transfer, etc.) may be refused social support. In summer 1999, the Court of
Arbitrage extended the scope of the beneficiaries of social assistance by including people who
are not able to leave the country due to illness.
Asylum seekers rejected by a final decision may be given urgent medical assistance. If they are
willing to leave the country voluntarily, the CPAS may grant additional financial assistance
towards repatriation (maximum delay is one month).
35
Belgium