Italy: Decree No. 237 1990, Initial Assistance to Applicants for Refugee Status

Date of entry into force:24 July 1990

Article 1

1.Until new regulations are issued to govern assistance in respect of refugees, applicants for refugee status who are without means of subsistence or hospitality in Italy shall be awarded a daily grant of initial assistance of 25,000 lire, solely for the period for which the state of indigence lasts.The duration of the grant shall not in any event exceed 45 days.

2. Entitlement to the grant shall expire on the date on which the decision on an application for recognition of refugee status made by the Commission referred to in article 2 of the Decree of the President of the Republic of 15 May 1990, No. 136, is communicated to the applicant.

3. Persons who have acquired refugee status shall enjoy, in accordance with article 23 of the Geneva Convention of 28 July 1951, ratified by the Act of 24 July 1954, No. 722, the same treatment with respect to assistance as is accorded to Italian citizens.

Article 2

1.The grant shall be paid in fortnightly instalments in advance.If entitlement to the grant expires through the operation of the provision of article 1, paragraph 2, sums already paid shall not be reimbursable.

Article 3

1.An application, on unstamped paper, for the award of an initial assistance grant shall be presented by the applicant for refugee status at a police station situated in the municipality in which he has taken up residence.

2. The police station shall promptly transmit the application, accompanied by a certificate of verification of the subjective requirements laid down in article 1, to the prefecture competent for the territory, which shall rule on the said application.

3. Where the applicant is directed to one of the initial reception centres referred to in article 11, paragraph 3, of the Legislative Decree of 30 December 1989, No. 416, as converted by the Act of 28 February 1990, No. 39, payment of the grant referred to in this Decree shall be suspended.

4. The prefecture shall notify the person concerned of the result of the application and transmit the terms of the decision adopted to the Ministry of the Interior, Directorate General of Civil Services.

Article 4

1.In order to draw the instalments of the grant, the applicant shall report, bearing a valid identity document, to the provincial treasury competent for the territory; if he lacks such a document, he may apply for the issue of an identity card to the municipality of the place chosen for residence in accordance with article 6, paragraph 3, of the aforementioned Legislative Decree of 30 December 1089, No. 416, as converted by the Act of 28 February 1990, No. 39.

Article 5

1.Against a decision to deny an initial assistance grant, the person concerned may submit an appeal on unstamped paper to the Minister of the Interior within 30 days after notification.

Article 6

1.The prefectures shall submit half-yearly to the Ministry of the Interior, Directorate General of Civil Services, the plan of requirements for payment of the grants referred to in this Decree.

2. The Ministry of the Interior shall arrange, within the limits of authorization of expenditure laid down in article 1, paragraph 9, of the Legislative Decree of 30 December 1989, No. 416, as converted by the Act of 28 February 1990, No. 39, to divide the available funds among the plans referred to in paragraph 1, crediting their respective shares to the prefectures.

This Decree, bearing the State seal, shall be included in the Official Collection of Normative Instruments of the Italian Republic.It shall be incumbent on all concerned to observe and enforce it.