According to the law known as "Lex Ukraine 5", which came into force on 1 July 2023, Ukrainian temporary protection holders are now entitled to free accommodation in state-run hostels for the first 150 days after the granting of temporary protection, with the exception of members of so-called vulnerable groups (children, seniors, the disabled, etc.), who are guaranteed free accommodation by the state without any time limit. The state pays a lump sum of CZK 10 500 (approx. EUR 430) to hostels for each person entitled to free accommodation. In July and August, to be entitled to free accommodation it was sufficient to tick the ‘vulnerable group’ box on the humanitarian benefit application. 

In September, the Ministry of Labour applied a new interpretation of the Lex Ukraine 5 law. The state will now provide vulnerable persons with free accommodation in hostels if two conditions are met: 1) belonging to vulnerable groups and 2) the household is granted the humanitarian benefit.

Consequences of the change

If a household is not granted the humanitarian benefit, the state will not reimburse the hostel for the housing costs of vulnerable household members. This can result in unpaid fees for hostel operators, some of whom consequently demand payment from refugees and threaten them with eviction.

The key reason for not granting humanitarian benefit is household members already having savings or an income, even if vulnerable household members do not. According to social workers, many refugees living in hostels who are indeed employed, earning low wages, are turning to illegal employment in order to maintain household entitlement to the humanitarian benefit (and with it the right to reimbursement of accommodation for vulnerable household members).

Solution

At the end of October, the Ministry of Labour decided to address refugee accommodation debt through the social benefit entitled the Extraordinary Immediate Assistance (EIA). EIA is in principle intended to cover a one-off expense and will be means-tested and the refugees' efforts to actively address their situation will be assessed. The Consortium of NGOs Working With Migrants has expressed reservations about the provision.

It is expected that a definitive solution will be brought only by amendment to the Lex Ukraine legislation. The Czech Parliament is currently discussing an amendment proposed by the Ministry of Interior, and the Ministry of Labour plans to submit its own amendment early next year.