CARE AND BENEFITS PROVIDED FOR BENEFICIARIES OF TEMPORARY PROTECTION

Beneficiary of temporary protection means a person who has been granted protection pursuant to Section 19 (a) of Act LXXX of 2007 on Asylum,

a)      a Ukrainian citizen residing in Ukraine before 24 February 2022,

b)      a stateless person or a third-country national who is not a Ukrainian and who has been granted international protection or equivalent national protection in Ukraine before 24 February 2022, or

c)      a member of the family of a) and b).

If the asylum authority grants the application in the procedure for recognition as a beneficiary of temporary protection, the fact that the applicant is recognised as a beneficiary of temporary protection is recorded in the asylum register.

A person recognised as a beneficiary of temporary protection by Hungary enjoys the right of asylum. Right of asylum is a right to reside on the territory of Hungary and furthermore protection against refoulement, expulsion and extradition.

The beneficiary of temporary protection has the right to return to Hungary from abroad, for this purpose the Hungarian diplomatic mission or consular post issues a one-time return travel document.

1. Residence document of the beneficiary of temporary protection

The beneficiary of temporary protection is issued a residence permit document (plastic card) containing biometric data in a specific form and with specific data content, certifying his/her identity, the lawfulness of his/her stay in Hungary and his/her entitlement to benefits and allowances. 

Pursuant to Section 1 of Government Decree No 58/2023 (28 February) amending Government Decree No 86/2022 (7 March) on emergency rules relating to persons recognised as eligible for temporary protection, and on the different application of the rules of Act CVI of 2011 on public employment and the amendment of other acts related to public employment and other acts, the validity date of the document (residence permit) certifying the identity and right of residence of foreign nationals who fled the Russian-Ukrainian war and are recognised as beneficiaries of temporary protection shall automatically change to 4 March, 2024.

Pursuant to the above legal provision, the validity of the residence permit document issued for beneficiaries of temporary protection is 4 March, 2024 by force of the law regardless of the date being indicated as ‘4 March 2023’ on the document.

Concerning these documents no further actions are required from clients with the status of beneficiary of temporary protection or from the asylum authority.

The residence permit in itself does not entitle the beneficiary of temporary protection to travel abroad. With regard to the stay of the beneficiary of temporary protection in a country within the Schengen Area - other than Hungary - and thus his/her travel within the Schengen Area to a country other than Hungary, we recommend contacting the aliens policing/border police authority of the foreign country of destination, as the Hungarian asylum authority does not have jurisdiction in this matter.

The National Directorate-General for Aliens Policing shall send the residence document certifying the status of beneficiary of temporary protection by mail to the address in Hungary provided by the applicant. Please read the information sheet attached to the document certifying the status of beneficiary of temporary protection.

For the successful delivery of official consignments (document certifying the status of beneficiary of temporary protection, regular subsistence allowance, etc.), it is essential that you notify the National Directorate-General for Aliens Policing of your new address in the event of a change of accommodation.

We recommend that you put your name on the mailbox of the property where you or your relatives live, in a way that is clearly visible to the delivery personnel, and that you check the contents of the mailbox regularly (several times a week).

Subject to the Act on the Registration of Personal Data and Addresses of Citizens, for the beneficiary of temporary protection shall not be issued an official residence card (lakcímkártya).

The asylum authority shall issue an official certificate of the accommodation designated to him or her at the request of the beneficiary of temporary protection. (See Article 6 (1) of Government Decree No. 86/2022 (7. March).) 

When dealing with official business and when availing of services and benefits to which the beneficiary of temporary protection is entitled, the beneficiary of temporary protection must take with him/her his/her residence document and an official certificate stating the address of his/her accommodation in Hungary and present it to the authority or service provider concerned.

2. Regular subsistence allowance

Pursuant to current provisions in force (See Government Decree No. 106/2022 (12 March), only recognised beneficiaries of temporary protection are entitled to a regular subsistence allowance.

2.1. Amount of the regular subsistence allowance: HUF 22,800/capita/month, amount of subsidy for minors: HUF 13,700/capita/month.

2.2. Conditions of payment of the regular subsistence allowance

2.2.1. Payment is conditional on the beneficiary – those eligible for employment as well as those not eligible above the age of 6 – of temporary protection’s fulfilment of his/her obligation to appear every month – during the month preceding the payment –, before the district office (i.e. ‘járási hivatal/kerületi hivatal’, hereinafter referred to as district office) as per the place of accommodation or the place of residence designated to him/her. The legal representative of a beneficiary of temporary protection who is over 6 but under 18 years of age can fulfil the obligation to appear instead of him/her.

The asylum authority also pays the regular subsistence allowance to beneficiaries of temporary protection under the age of 6, although they are not obliged to appear before the district office.

If the beneficiary of temporary protection does not comply with the obligation to appear before the competent district office of his/her place of accommodation or designated place of stay, he/she cannot claim a subsequent payment of the subsistence allowance for the given month. (See Article 4 (4d) a) Government Decree No. 106/2022 (12 March).) 

The district office shall inform the asylum authority about the fact of fulfilment of the obligation to appear.

2.2.2 The beneficiary of temporary protection of adult age who is eligible for employment and the minor beneficiary of temporary protection who has reached the age of 16 are obliged to register as applicant for services with the district office of their place of residence in Hungary and cooperate with the district office before receiving the first regular subsistence allowance.

The person who is eligible for employment is obliged to accept the suitable job offered to him/her, including public employment, within 45 days of receiving the first regular subsistence allowance, in cooperation with the district office.

The rules of Act IV of 1991 on the promotion of employment and unemployment benefits and Act CVI of 2011 on public employment and the amendment of other acts related to public employment and other acts shall apply with regards to suitable employment.

A person eligible for employment is not obliged to accept the job offered to him/her if

a)      at the time of the offer of employment, he/she is in an employment relationship with an employer in Hungary and the Hungarian employer certifies it,

b)      is obliged to provide care for a minor under the age of three, or

c)      is a student in full-time regular school education system and has not reached the age of 18.

2.3 Payment of the regular subsistence allowance

Please note that the regular subsistence allowance is neither paid at the Client Service Offices of the National Directorate-General for Aliens Policing nor at the district office.

The regular subsistence allowance is paid in arrears, i.e. for the first time during the month following the month in which the person is recognised as a beneficiary of temporary protection, via post or by bank transfer to a Hungarian bank account indicated when registering as an applicant for services. For this reason, it is essential that the person recognised as a beneficiary of temporary protection notifies the district office or the National Directorate-General for Aliens Policing of the new address in case of a change of accommodation.

Please note that if the beneficiary of temporary protection does not accept/receive the subsistence allowance paid via post, he/she cannot claim a subsequent payment for that month. (See Article 4 (4d) b) Government Decree No. 106/2022 (12 March).) 

The asylum authority will not pay the regular subsistence allowance for the month during which the beneficiary of temporary protection

a)      earns an income from employment under a public employment relationship or in an employment relationship with an employer in Hungary,

b)      receives an old-age pension from the Hungarian pension scheme, or

c)      receives a retirement pension/old-age pension from abroad and is able to collect it in Hungary.

Termination of the payment of the regular subsistence allowance

If a suitable job is offered to a beneficiary of temporary protection who is eligible for employment and the beneficiary of temporary protection does not accept it despite being obliged to do so, the asylum authority shall terminate the payment of the regular subsistence allowance. The district office shall inform the National Directorate-General for Aliens Policing within 5 days of the fact of refusal of the job offered. 

3. Employment

A person recognised as beneficiary of temporary protection is entitled to undertake a job within the territory of Hungary, including jobs undertaken through a temporary-work agency.

A person recognised as beneficiary of temporary protection can undertake public employment.

4. Business activities

A beneficiary of temporary protection is not allowed to be self-employed.

5. Education, care and training of a beneficiary of temporary protection of minor age

Beneficiaries of temporary protection who are responsible for the care of minors are entitled to receive day-care centre services and care, kindergarten caretaking, education and services, as well as services of the “Sure Start Children’s Home” (Biztos Kezdet Gyerekház) for the minor(s) concerned under the same conditions as Hungarian citizens pursuant to Section 3 Government Decree No. 106/2022 (12 March).

From the date of submission of the application for recognition as beneficiary of temporary protection, the minor is entitled to participate in public education under the same conditions as Hungarian citizens and is also subject to compulsory schooling. Public education obliged children of kindergarden age (from the age of 3) and children of compulsory school age may attend free kindergarten and school education, as well as receive kindergarden and school public education services at the competent public education establishment as per their place of accommodation. (See 92. § (1) (a) Article 3-4) of Act CXC of 2011 on national public education.)

In case the beneficiary of temporary protection is a child, or someone responsible for the care of a student, at his or her request the child or student – pursuant to Point (1) of 3/A. § (1) of Government Decree 106/2022. (III.12.) – is entitled to receive free meals for children provided by the institutions and during holidays in accordance with Act XXXI of 1997 on the Protection of Children and Administration of Guardianship (hereinafter: Act on Guardianship) for a period of 6 months after submitting the request. The child or student in the care of the applicant is entitled to meals for children provided by the institutions and during holidays after the end of the period indicated above in accordance with the Guardianship Act.

Enrolment: at the competent educational establishment with territorial responsibility as per the place of accommodation of the beneficiary of temporary protection.

Beneficiaries of temporary protection residing in the territory of Hungary are entitled to pursue studies in higher education institutions with full or partial scholarships of the Hungarian Government or in self-financed programs in accordance with the Act on National Higher Education. (See Point b) of 39. § (1) of the Act CCIV of 2011)

When receiving the listed educational and caretaking services and education, the beneficiary of temporary protection must take with him/her his/her residence document and an official certificate stating the address of his/her accommodation in Hungary and present it to the service provider concerned.

6. Reimbursement of document translation costs

The asylum authority - in order to facilitate social integration - takes over the cost of translation into Hungarian of documents composed before recognition, such as birth certificates and marriage certificates, as well as documents certifying schooling, education or vocational qualifications at the request of the beneficiary of temporary protection.

An application for reimbursement of translation costs is required to be submitted to the National Directorate-General for Aliens Policing, the enclosures of the application are the following:

a)      the original copy of the document to be translated, and

b)      a certificate issued by the educational establishment attesting to the level of education required for the continuation or commencement of studies, or a certificate issued by the employer attesting to the specific professional qualifications required for the employment.

 If the beneficiary of temporary protection does not have a certificate issued by the educational establishment or by the employer, the certificate shall be replaced by a declaration on the purpose of the translation of the document.

Reimbursement of document translation costs is possible only if the National Directorate-General for Aliens Policing, as the asylum authority, has approved the application for translation of the beneficiary of temporary protection. In such cases, the translation will be ordered by the National Directorate-General for Aliens Policing.

Reimbursement of costs of translations ordered and already paid by the beneficiary of temporary protection before his/her application for translation was approved may not be claimed subsequently.

7. Health care

A person recognised as beneficiary of temporary protection is entitled to the following health care services free of charge, if (s)he is not covered by social security:

·         primary care;

·         specialised medical care or hospital care in cases of urgent need (a person in need of special treatment, e.g.: an unaccompanied minor, elderly person or disabled person, pregnant woman is entitled to specialised medical care and hospital care not only in cases of urgent need)

·         prenatal care, obstetric care;

·         public health care services – medicines;

·         oncology patient care and other types of care for chronic patients;

·         emergency dental care and orthodontic (i.e. tooth-retaining) treatments.

Place of receiving care: competent health care institution with territorial responsibility.

When receiving the listed medical services, the beneficiary of temporary protection must take with him/her his/her residence document and an official certificate stating the address of his/her accommodation in Hungary and present it to the service provider concerned.