SOPs Moldova 10pages En

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STANDARD OPERATING PROCEDURES FOR THE PROVISION OF MATERIALAND SOCIAL ASSISTANCE TO PERSONS OF CONCERN IN THE REPUBLIC OFMOLDOVA

PROCEDURILE STANDARD DE OPERARE PENTRU ACORDAREA ASISTENEIMATERIALE I SOCIALE PERSOANELOR DIN SFERA DE COMPETEN N

REPUBLICA MOLDOVA

UNHCR MoldovaApril 2013 (revised)

I. TERMS AND DEFINITIONS

Asylum seeker- the foreigner, who has submitted an application for asylum, on which noirrevocable decision has been adopted yet;

Refugee status - a form of protection, consisting in the recognition of the foreigner as refugee bycompetent authorities of the Republic of Moldova, where such foreigner complies with the

conditions set out in the Convention Relating to the Status of Refugees, signed in Geneva on July

28, 1951 (hereinafter - Geneva Convention), as amended by the New York Protocol of January

31, 1967;Humanitarian protection protection granted to persons that do not comply with criteria for

granting refugee status under the Geneva Convention, but need international protection;Vulnerability - is the situation where an individual or group of people can not cope with thesocio-economic changes in society caused by processes of social, economic, political, cultural

occurring. The notion of vulnerability requires such qualifications as dependence, helplessness,

exposure, danger. The main factors that define today, vulnerability to social exclusion include:

age, level of education, health, the presence or absence of employment, income, area of

residence.

Vulnerable persons are considered to be by UNHCR and IPs the neediest categories: disabledpersons, unaccompanied children, single parents with 3 or more children, elderly persons without

family support, seriously sick persons, or any other assessed under the social assistance criteria.

Persons of Concern to UNHCR (PoCs) in the context of the Moldovan operation includeConvention and Mandate refugees, beneficiaries of humanitarian protection, asylum-seekers andstateless persons.

II. GENERAL PROVISIONS:

1. The Republic of Moldova has a limited capacity to assist needy Persons of Concern

(PoCs)1.

2. Any foreigner who, for any reason under the 1951 Convention, seeks the protection of the

Republic of Moldova, may submit an application for asylum to the authorities listed below:

a) Asylum and Integration Directorate;

b) State border supervision and control authorities;

c) Police;

1 These SOPs do not extend to stateless persons in the Republic of Moldova.

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d) Units of the Penitentiary Department of the Ministry of Justice or temporary

detention facilities of the law enforcement agencies.

3. For the determination of refugee status and beneficiary of humanitarian protection, asylum-

seekers (a/s) are registered at the Asylum and Integration Directorate (AID) a state

authority responsible for managing and resolving problems of asylum-seekers, refugees

and beneficiaries of humanitarian protection (BHPs).

4. UNHCR complements the assistance provided by the national system through targetedassistance programmes. Due to funding constraints, UNHCR prioritizes its resources to

assist the most needy and vulnerable PoCs. Monthly subsistence allowance (MSA)

provided to PoCs is meant mainly to partially cover shelter and food needs. The MSA is

normally calculated based on the living survival level foreseen in the national legislation

and UNHCR reviews it on yearly basis during the project submission.

5. Material, social medical and in-kind assistance is provided to PoCs through UNHCRs

Implementing Partners (IPs): Ave Copiii, Charity Centre for Refugees, Law Centre for

Advocates.

Guiding Principles

It is the primary responsibility of the state to provide for the reception of asylum-seekersand local integration of recognized refugees.

Assistance provided through UNHCR according to these Standard Operating Procedures

(SOPs) is complementary to the responsibility of the state and does not replace the states

responsibility in this regard.

Given limited resources, UNHCRs material assistance supports only the most vulnerable

POCs for a period not longer than 6 months from the first day when MSA assistance

started; exceptions are made only upon approval of the Social Assistance Committee.

Assistance is a service not a right. Assistance provided by UNHCR, AID and IPs is based

on the available resources. Assistance is time-limited. Assistance is an interim measure

pending the identification of the most appropriate durable solution. Assistance isprovided in accordance with assessed needs. Assistance provided to refugees and BHPs is

focused on their social integration and self-reliance. The PoCs are expected to make

every reasonable effort to be self-reliant.

Support for recognized refugees and BHPs is directed toward facilitating their local

integration.

Assistance is provided to the most vulnerable PoCs who demonstrate that they do not

have other source of support to meet their basic needs. Vulnerability will be established

according to these SOP.

Restrictive clauses are not applied to UAMs (unaccompanied minors).

6. Types of assistance available to asylum-seekers, refugees and beneficiaries ofhumanitarian protection.

Table 1Type of assistance Asylum

seekersRefugees BHPs

Monthly subsistence allowance (MSA); x x x

Emergency cash assistance x

Employment counseling x x x

Legal assistance x x xInterpretation/translation services x x x

Health care, medical referral x x x

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Education x x x

Romanian language classes and civic education.

Persons whose attendance exceeds 80% receive

trolleybus or bus passes

x x x

Vocational training x x

Cultural orientation/refugee community

development

x x x

Cultural orientation (children), extracurricular

activities

x x x

Housing assistance x x

Social counseling x x x

Psychological assistance x x x

Material assistance: food packages, hygienic and

sanitary items, kits for newborn, bed linen sets,

mattresses, clothing, hygienic packages, blanket

and cutlery kits (for newly arrived asylum-seekers

and children); warm clothes for those who arrived

in winter; supplementary food for children etc

x

Food and hygienic packages for PoCs with TB or

other serious diseases (this should be confirmed by

the medical certificate

x x x

Incentives for language classes, mini grants for

recognized refugees and asylum seekers or other

types of assistance provided under LIP and RPP.

x x x

Household goods x x

The access of UNHCR PoCs to listed assistance is directly connected to vulnerability criteria.

Eligibility for one or more types of assistance simultaneously is not a mandatory requirement

UNHCR will not cover funeral costs and other expenses related to burial, exceptional cases.

Eligibility for material and social assistance:

UNHCR provides assistance only to the PoCs who meet the following criteria:a. Person is registered and counseled with UNHCRs legal and social IPs.

b. The legal IP has conducted a legal assessment of the persons need of international

protection and concluded that the person has a reasonable chance of obtaining a form ofprotection in the Republic of Moldova.2 There are two exceptions to this rule:

recognized refugees and persons BHPs do not need to have a legal assessment;

newly arrived persons (defined as a person who has been in Moldova for fewer than 6

months) who are regarded as extremely vulnerable will have access to emergency

assistance following their registration with UNHCRs legal IP during the initial

period of two months, pending the finalization of the legal assessment.

7. Most vulnerable asylum-seekers, refugees and beneficiaries of humanitarian protection,

both the principal applicant and family members, if they are under the mandate of UNHCR,

may benefit from forms of assistance according to Table 1.

2 The legal assessment should not be construed by the applicant, partners or other stakeholders as a decision on theapplicants asylum application in the Republic of Moldova and can be reviewed at a later stage based on new

circumstances relevant to the individual case. The legal assessment shall take effect following its endorsement byUNHCR.

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Who does not qualify for assistance:8. Asylum-seekers, refugees and BHPs who have resided on the territory of the Republic of

Moldova for a period of time sufficient for the acquisition of Moldovan citizenship through

naturalization, in accordance with the legislation in force, and have reached the minimum

level of integration;

9. Spouses and children of asylum-seekers, refugees, BHPs) who are citizens of the Republicof Moldova.

10. Applicants/asylum-seekers in whose respect it has been concluded that their chances of

obtaining a form of protection in the Republic of Moldova are lower than reasonable

following a legal assessment cannot have access to the material and social assistance

provided by UNHCRs IPs or through UNHCR direct implementation.

11. Asylum-seekers, refugees and BHPs who have received assistance for voluntary

repatriation, but are currently registered at the AID;

12. Asylum-seekers, refugees and BHPs who have other sources of income sufficient for their

self-reliance.

13. Asylum-seekers, refugees and BHPs who are not legally employed for a period of more

than 6 months from the date of inclusion in UNHCR assistance programme.14. Asylum-seekers, refugees and BHPs already receiving UNHCR assistance but who have

attempted to cross the border illegally in order to leave Moldova will not be eligible for

UNHCRs MSA. Serious medical/social/protection cases identified by UNHCRs social IP

may be reviewed exceptionally on an ad-hoc and cases-by-case basis and upon approval of

the SAC. This point does not apply to UAMs (unaccompanied minors).

Emergency cash assistance15. This is a nonrecurring financial assistance provided one time to a PoC in a situation when

he/she is considered to be in a dire need of such assistance.

16. Beneficiaries of the emergency cash assistance are:

a) Newly arrived PoCs,

b) PoCs just released from custody / detention,

c) Urgent medical need

d) Other urgent situations may be assessed by UNHCR and its partners at the PoCs

request.

17. This type of assistance is granted to vulnerable PoCs according to the social assistance

criteria.

18. Within one working day of providing the emergency assistance, the social partner writes a

note for the file to UNHCR describing who received the assistance, the amount of

assistance, and grounds for granting the assistance.

19. The social partner can provide emergency assistance to an individual only one time.20. Provision of emergency cash assistance should be avoided in the following situations:

- When the person is benefiting from UNHCR monthly subsistence allowance.

- For the reimbursement of any expenses incurred by the beneficiary (i.e. administrative

fine, transportation expenses, utility bills etc.).

Monthly subsistence allowance (MSA)21. Due to UNHCR limited financial resources, the calculation of MSA is based on individual

social assessment, carried out by UNHCRs social IP according to the established social

assistance criteria (Annex 1).Social assistance criteria and points are to be used as a tool to

assess objectively the level of vulnerability of each PoC. This is complemented by arecommendation from the Social Counselor which includes other relevant information,

such as the date of arrival in Moldova, existing gainful official or unofficial employment,

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available resources or any source of income. Decision on the provision of MSA, as well as

its duration, is taken by the SAC. The Social Counselor prepares a file on each POC which

will contain the following:

a) PoCs application (written request for MSA)

b) Copy of the PoCs IDs (valid asylum/refugee document)

c) the SAC decision form (Annex 3)

d) registration form provided by the legal IPe) social assessment form (Annex 2)

f) home visit form

g) medical documents

h) any other documents related to case), in particular self-reliance and integration efforts

22. According to the established social assistance criteria (Annex 1), a maximum of 12 points

can be granted to each PoC. When the total of points reaches or exceeds12, the SAC will

consider the case eligible for MSA.

23. MSA can be provided for a maximum period of 6 months. The initial period during which

the PoC will be assisted is generally 1 month, following which the PoCs situation will be

reviewed by the SAC on a monthly basis.

24. The assistance to be provided depends on family composition (number of family members)25. Only vulnerable persons can benefit from MSA for more than 6 months, each case is to be

discussed individually by the SAC.

26. Vulnerable elderly persons may be assisted with MSA in case if they have reached the

retirement age but, for some reasons, can not receive a pension from the state authorities, or

in the case of pension allowances may receive the difference.

27. Only individual written requests for MSA will be examined by the SAC. An application for

MSA must be submitted to one of the following organizations:

UNHCR,

IPs, Asylum and Integration Directorate.

28. The application must include: date, applicants name, family composition, reasons

requesting assistance. Applicants for MSA are required to provide the following documents

to the social IPs designated Social Counselors:

valid asylum-seeker/refugee/BHP document and

THEIR CURRENT RESIDENTIAL ADDRESS AND CONTACT PHONE.

29. UNHCR, AID and IPs will forward the received requests to AVE Copiii which will prepare

the files and other documents for SAC.

30. All applications for assistance will be examined by the SAC.31. The SAC will be convened on a monthly basis. Representatives of UNHCR, RD and IPs

will participate in the meetings of the SAC, chaired by UNHCR.

32. When necessary, the Program doctor/psychologist/ employment advisor will be asked to

make written recommendations for or participate in the meetings of the SAC.

Ave Copiii will present the cases at the SAC meetings on the basis of the prepared reports. The

reports will be made based on a thorough social assessment of the case based on the following

basic requirements:

family composition,

home visit, medical situation,

efforts for self-reliance,

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efforts for integration for refugees and BHPs.

33. All decisions are taken as a result of a consensus reached among the members of the SAC.

If consensus is not reached, a decision may taken by the Chair on the basis of the balance

of votes among the participating members of the SAC. The decision will be recorded, in

writing, in the applicants social file (Re. Annex 3) as well as in the minutes of the SAC

meeting and signed by all the participating members of the SAC. Should a consultationfrom a staff member of UNHCR, RD or IP be required, she/he may be requested to join the

SAC meeting.

The Commission may take the following decisions:

i) to include an applicant in the list of MSA beneficiaries,

ii) to extend the MSA assistance for 1 month,

iii) to postpone the examination of a case to the next meeting of the SAC (this decision

usually implies additional actions by UNHCR, IPs or AID with a view to collecting

additional information on the given case),

iv) to exclude an applicant from the list of MSA,

v) to reject an application (when the PoC was not in the MSA list before),vi) to close the case (generally when it is confirmed that the applicant has been found not

eligible, left the country or in case of the applicants death).

vii) if the person is rejected, s/he can re-apply for financial assistance only after 6 months,

with the exception of cases of serious deterioration of his/her situation (e.g. health

condition).

34. In case of education allowances, PoCs who successfully passed the examination tests in

professional or higher education institutions can apply for an assistance which covers 40-70

% of the tuition from UNHCR programs. The applications can be submitted to UNHCR or

Charity Centre for Refugees. Beneficiaries assume the obligation to provide proof that they

are promoted to the next academic year, as well as the impossibility to bear the educational

expenses. Only refugees and BHPs are eligible for these allowances. In exceptional cases

naturalized children of refugees and BHPs may benefit from these assistance.

35. When considering an individual case, the SAC makes an initial assessment of PoCs self-

reliance/integration potential and makes recommendation for IPs local integration staff to

explore during individual counseling. POCs will be referred to AID to apply for integration

programme according to the Law on Integration of Foreigners. The designated Social

Counselor will discuss the recommendation with the individual and refer him/her to the

IPs local integration or RPP staff to prepare self-reliance plan. The individual self-

reliance plan will include information about what steps each individual in the family shouldtake in order to help the family to become self-reliant and prepare for integration. The

individual self-reliance plan will also include timelines for each step of preparation for self-

reliance. Both a designated Social Counselor and IPs local integration or RPP staff will

closely monitor PoCs progress on the activities determined by the plan and will provide an

update to the SAC if the case is presented next time. After initial assessment of PoCs self-

reliance/integration prospects, the MSA commission may grant MSA, but attach certain

conditions, as appropriate, to the provision of MSA. For example, an individual may be

given MSA only if s/he attends language classes or consults with an employment

counselor. MSA may be discontinued if the individual does not comply with such

conditions. PoC will be excluded from MSA benefits and self-reliance assistance if he/she

misses without a valid reason 30% of the language classes or 3 appointments for theindividual consultation with IPs local integration or RPP staff. The PoC will be informed

by IPs orally and in writing about the conditions of MSA and sign an agreement for

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working toward self-reliance.

THE PROCEDURE OF FINANCIAL ASSISTANCE PAYMENT36. All payments will be made during the first week of each month in accordance with the

approved list and minutes of the SAC meeting. The allowances will be charged to a credit

card.

37. None of social IPs are entitled to take independent decisions on payments.38. Persons who do not receive MSA may be eligible for additional humanitarian assistance

(food packages, hygiene/sanitary items etc.).

39. Housing assistance during winter period will be provided to PoCs residing outside theTAC based on the social assistance criteria for a maximum of 4 months (November-

February).

FOOD PACKAGES

40. Food packages are provided quarterly( 4 distributions per year) to most vulnerable

individuals and newly arrived PoCs as support for their basic needs depending on the social

assistance criteria:41. Emergency food packages will be sent to the TAC and stored for newcomers with no

source of income. (Annex)

42. Food packages will be also provided for people with TB.

43. PoC with diagnosed TB requiring supplementary alimentation to fight the disease upon the

recommendation of the medical consultant, can have access to supplementary food

package. Assistance is provided monthly, directly to the PoC upon presentation of a valid

medical certificate, which must be renewed annually and verified by the medical

consultant.

MEDICAL ASSISTANCE:

44. PoCs are responsible to procure (obtain) Medical Insurance Policy in accordance with the

condition provided by the national legislation.

45. Medical insurance policy will be provided (from UNHCR funds) only to vulnerable

recognized refugees and BHPs in grave or critical health condition who due to their health

condition can not be employed.

46. Medical assistance is provided by UNHCR and not exceeds the limits of the single

mandatory health insurance program, elaborated by the Government of the Republic of

Moldova.

47. For pharmaceutical and parapharmaceutical assistance, PoCs will address to

policlinics/medical institutions where they are registered.48. PoCs who lose their work capacity for more than 1 calendar month based on a medical

conclusion (excluding specific diseases) and with the approval of the medical consultant.

49. Individuals who suffer from other specific diseases:

a) TB

b) HIV /AIDS

c) Psychological

d) Oncological

e) Infectious diseases, tropical or highly contagious (in the recovering

period).

f) Other post-hospital cases which require over 3 months for recovering and

rehabilitation.50. Medical assistance will be provided in those pathological cases which are endangering the

patients life or the health and the lives of people the patient contacts.

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51. Within the limits of available funding, medical consultant will make referrals to other

medical institutions in cases when the patient needs a specialized medical care, which

cannot be provided by the MoI.

52. Dental care is provided to children and pregnant women within the limits of available funds

(priority is given to acute and emergency cases).

53. PoCs can be provided one time with glasses within the limits of available funds (priority is

given to children, elderly persons, and to those who are attending Romanian languageclasses).

54. The change and repair of eyeglasses lens are not covered by the Program.

55. Children up to 2 years old can benefit from powder milk in limits of UNHCR funds (8

boxes monthly until the age of 1 year, 4 boxes up to the age of 2 years).

OTHER CLAUSES56. Any changes concerning contact information (address, telephone, e-mail, workplace, etc.)

should be announced without delay to AVE Copiii.

57. In order to ensure an effective program implementation of social programmes and

activities, to protect the NGO staff against inadequate behavior and to guarantee

compliance with the assistance principles, the PoCs that are under UNHCR/AID mandate(asylum-seekers, refugees, BHPs) and do not cooperate with the relevant staff, or behave

inappropriately inside or outside the refugee community, may be denied

temporarily/permanently, partially /completely from assistance, including financial,

humanitarian, medical, educational, cultural etc, assistance. The decision to apply sanctions

to PoCs must be taken unanimously by the members of the SAC.

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SOPs Moldova 10pages En