S.L. 420.9 Art. 17General rules on material reception conditions and health care.

(1) Material reception conditions shall be available to applicants from the moment that they apply for international protection in accordance with Regulation (EU) 2024/1348 of the

European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU.

(2) Material reception conditions and health care received in accordance with regulation 20 shall provide an adequate standard of living for applicants, which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter of Fundamental Rights.

(3) The adequate standard of living referred to in sub-regulation (2) shall meet the specific situation of the applicants with special reception needs as well as in relation to the situation of persons who are in detention.

(4) Material reception conditions shall be granted subject to the condition that applicants do not have sufficient means to have the adequate standard of living referred to in sub-regulation (2).

(5) Without prejudice to sub-regulation (2), applicants may be required to cover or contribute to the cost of the material reception conditions when such applicants have sufficient means to do so.

(6) Without prejudice to sub-regulation (2), applicants may be required to cover or contribute to the cost of the health care received, when such applicants have sufficient means to do so, except where the health care is provided free of charge to Maltese nationals.

(7) If it transpires that an applicant had sufficient means to cover the costs of the material reception conditions or health care received in accordance with sub-regulations (5) and (6), at the time the applicant was provided with an adequate standard of living, such applicant may be required to refund the costs of those material reception conditions or health care.

(8) The principle of proportionality shall be respected 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 sub-regulation (7). The individual circumstances of the applicant and the necessity to respect his dignity or personal integrity, including the applicant’s special reception needs shall be taken into consideration.

(9) When material reception conditions are provided in the form of financial allowances or vouchers, the amount thereof shall be determined administratively by the Agency for the Welfare of Asylum Seekers. This information shall be communicated to the European Commission and the European Union Agency for Asylum.