S.L. 420.9 Art. 21Reduction or withdrawal of material reception conditions.

(1) The daily expenses allowance may be reduced or withdrawn with regard to applicants who are required to be present on

Maltese territory in accordance with Article 17(4) of Regulation (EU)

2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations

(EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013:

Provided that if duly justified and proportionate, the Agency for the Welfare of Asylum Seekers may also:

(a) reduce other material reception conditions;

(b) withdraw other material reception conditions, if the applicant has seriously or repeatedly breached the rules of the accommodation centre or has behaved in a violent or threatening manner in the accommodation centre.

(2) Decisions in accordance with sub-regulation (1) may be taken when an applicant:

(a) abandons the residence in a specific place designated by the Principal Immigration Officer in accordance with regulation 7 without permission, or absconds;

(b) does not cooperate with the competent authorities, or does not comply with the procedural requirements established by them;

(c) has submitted a subsequent application as defined in article 2 of the Act;

(d) has concealed financial resources, and has therefore unduly benefited from material reception conditions;

(e) has seriously or repeatedly breached the rules of the accommodation centre or has behaved in a violent or threatening manner in the accommodation centre; or

(f) fails to participate in compulsory integration measures, when provided or facilitated by the competent authorities, unless there are circumstances beyond the applicant’s control.

(3) Where a decision has been taken in accordance with sub-regulation 2(a), (b) or (f), and the circumstances on which that decision was based cease to exist, the Agency for the Welfare of Asylum Seekers shall consider whether some or all of the material reception conditions withdrawn or reduced may be reinstated:

Provided that where not all material reception conditions are reinstated, the Agency for the Welfare of Asylum Seekers shall take a duly justified decision and notify it to the applicant.

(4) Decisions taken in accordance with sub-regulation (1) shall be taken objectively and impartially on the merits of the individual case and shall state the reasons on which they are based.

(5) Decisions shall be based on the particular situation of the applicant, especially with regard to applicants with special reception needs, taking into account the principle of proportionality.

(6) All applicants shall have access to health care in accordance with regulation 20 and shall be entitled to a standard of living in accordance with Union law, including the Charter of Fundamental Rights and international obligations.

(7) Material reception conditions shall not be withdrawn or reduced before a decision is taken in a situation referred to in sub-regulation (2).

Part IV Provisions for applicants with special reception needs