Maintenance Allowance Act


Published: 2013-01-01

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Maintenance Allowance Act

Passed 21.02.2007
RT I 2007, 25, 130
Entry into force 01.01.2008
Amended by the following legal instruments (show)

Passed
Published
Entry into force

19.12.2007
RT I 2007, 71, 438
01.01.2008

22.10.2008
RT I 2008, 48, 264
01.02.2009

17.02.2011
RT I, 14.03.2011, 2
18.06.2011

14.11.2012
RT I, 06.12.2012, 1
01.01.2013

§ 1.  Purpose and scope of application of Act

(1) This Act provides for the conditions and procedure for the receipt of maintenance allowance, in the case of initiation of court proceedings, for a child whose parent does not perform the maintenance obligation, and regulates the collection of the maintenance allowance paid by the state from the parent obligated to pay maintenance for the child, and the reclamation of maintenance allowance which was paid without basis.
(2) The Administrative Procedure Act applies to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 2.  Persons entitled to receive maintenance allowance

(1) A minor child whose parent does not perform the maintenance obligation or fails to perform such obligation to the extent prescribed by subsection 101 (1) of the Family Law Act has the right to receive maintenance allowance under the conditions provided for in this Act.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]
(2) The following have the right to receive maintenance allowance:
1) permanent residents of Estonia;
2) aliens residing in Estonia who hold a temporary residence permit or who stay in Estonia on the grounds provided for in § 130 of the Aliens Act;
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]
3) aliens residing in Estonia on the basis of temporary right of residence.
(3) A child who is paid similar maintenance allowance by another state has no right to receive the maintenance allowance.
(4) Maintenance allowance is paid to a parent who requests from a court ordering of payment of maintenance, except for changing of the amount of maintenance, and for whose benefit the court decision specified in subsection 3 (1) of this Act has been made.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 3.  Conditions for payment of maintenance allowance

(1) Maintenance allowance shall be paid:
1) based on a court ruling on proposal for payment if expedited procedure is applied in the matter of the payment order in a claim for maintenance for a child, or
2) based on a ruling on application of a measure to secure an action obligating the parent to pay maintenance (hereinafter ruling on securing an action).
(2) Maintenance allowance shall be paid for ninety days as of the date of making the ruling on proposal for payment or the ruling on securing an action specified in subsection (1) of this section.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(3) Maintenance allowance is paid if no maintenance allowance has been paid earlier to the applicant's child for the benefit of whom the parent is applying for maintenance allowance.
(4) Receiving maintenance allowance does not preclude or restrict the grant and payment of other benefits.

§ 4.  Rate and financing of maintenance allowance

(1) Maintenance allowance shall be financed from the state budget.
(2) Maintenance allowance shall be calculated on the basis of the child allowance rate established by the state budget for each budgetary year.
(3) The daily rate of maintenance allowance shall be one third of the child allowance rate.

§ 5.  Application for maintenance allowance

(1) In order to apply for maintenance allowance, the person specified in subsection 2 (4) of this Act (hereinafter applicant) shall submit an application to the Social Insurance Board. The provisions of subsections 16 (4), 17 (4) and § 18 of the State Family Benefits Act apply to the submission and review of applications for maintenance allowance.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(2) In order to be granted maintenance allowance, the applicant shall submit the following documents to the Social Insurance Board:
[RT I 2007, 71, 438 - entry into force 01.01.2008]
1) an application;
2) the document specified in subsection 2 (2) of the Identity Documents Act;
3) the ruling on proposal for payment if maintenance allowance is applied for based on clause 3 (1) 1) of this Act;
4) the ruling on securing an action if maintenance allowance is applied for based on clause 3 (1) 2) of this Act.
(3) An application for maintenance allowance shall set out:
1) the name, personal identification code or date of birth and address of the person entitled to receive maintenance allowance;
2) the applicant's name, personal identification code or date of birth, address and other contact details if they exist;
[RT I 2007, 71, 438 - entry into force 01.01.2008]
3) the name, personal identification code or date of birth and, where possible, the address of the obligor in the maintenance claim (hereinafter obligor);
4) a clearly expressed request of the applicant;
5) confirmation concerning compliance with the conditions provided for in § 2 of this Act;
6) confirmation of the applicant that he or she is aware of the obligations arising from this Act.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(4) An application for maintenance allowance may be submitted to the Social Insurance Board in a digitally signed electronic form.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(5) The Minister of Social Affairs shall establish the format of the application for maintenance allowance.
(6) Foreign documents submitted to the Social Insurance Board shall be legalised. Decisions of foreign courts submitted to the Social Insurance Board shall be recognised and deemed to be enforceable in Estonia pursuant to the Code of Civil Procedure or other relevant legislation.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(61) Upon application for maintenance allowance in proceedings under Council Regulation (EC) No. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the provisions of this Act concerning application for maintenance allowance apply only in so far as the specified Regulation does not prescribe otherwise.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]
(7) Maintenance allowance is granted if the documents necessary for application have been submitted within thirty days after the making of the ruling on proposal for payment or the ruling on securing an action obligating to pay maintenance.

§ 6.  Grant of maintenance allowance

(1) The provisions of subsections 22 (1)–(3) of the State Family Benefits Act apply to the grant of maintenance allowance.
(2) The Social Insurance Board shall make a decision to grant or to refuse to grant maintenance allowance within fifteen working days after receipt of the application and all the requisite documents.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(3) The decision to grant maintenance allowance shall specify that the maintenance claim has transferred to the state.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(4) The applicant for maintenance allowance and the obligor shall be informed of the decision to grant maintenance allowance. In the case specified in clause 31 (1) 2) of the Administrative Procedure Act, the decision to grant maintenance allowance shall be published in the official publication Ametlikud Teadaanded.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 7.  Payment of maintenance allowance

(1) If the application is submitted on the fifteenth or an earlier day of a month, the portion of the maintenance allowance corresponding to the month of application for the maintenance allowance and the following month shall be paid during the month following the submission of the application. If the application is submitted on a later date, the portion of the maintenance allowance corresponding to the month of payment as well as the period before that shall be paid during the second month following the month of application. The following payments shall be made during the following month in the amount of maintenance allowance corresponding to the month of payment.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(2) Maintenance allowance is paid as requested by the applicant for maintenance allowance into the bank account of the applicant for maintenance allowance or on the basis of a written application of the applicant for maintenance allowance prepared at the Social Insurance Board or a notarised application into the bank account of a third party in Estonia or into the bank account of the applicant for maintenance allowance in a foreign state, whereas in the latter case the recipient of maintenance allowance shall pay the fees charged by its payment service provider. If other social insurance benefits are paid to the recipient of maintenance allowance through the Social Insurance Board as home delivery by post, the same method of payment shall be applied to the payment of maintenance allowance.
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]

§ 8.  Termination of payment of maintenance allowance

(1) The Social Insurance Board shall terminate the payment of maintenance allowance before the end of the term specified in subsection 3 (2) of this Act:
[RT I 2007, 71, 438 - entry into force 01.01.2008]
1) if the ruling on securing an action whereby the parent was obliged to pay maintenance during the time of court proceedings has been annulled;
2) if the court proceedings in the matter of the maintenance claim have been terminated, except in the case where payment of maintenance has been ordered;
3) if it becomes evident that the conditions for receipt of maintenance allowance had not been or are no longer complied with;
4) in the case of the death of the obligor;
5) in the case of the death of the person entitled to receive the maintenance allowance.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(2) If the obligor proves that no maintenance obligation has arisen, that the maintenance obligation has been performed or if he or she submits other substantiated objection against the maintenance claim, the Social Insurance Board shall terminate the payment of the maintenance allowance only under the conditions provided for in clauses (1) 1)–3) and 5) of this section.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(3) If the bases specified in subsection (1) of this section become evident, the Social Insurance Board shall annul the decision to grant maintenance allowance.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 9.  Obligations of recipient of maintenance allowance

(1) The parent to whom maintenance allowance is paid is required to immediately notify the Social Insurance Board, in a format which can be reproduced in writing, of all circumstances which affect the payment of the maintenance allowance and, above all, of the annulment of the ruling on securing the action, dismissal of the maintenance claim, the fact that he or she is no longer raising the child or commencement by the obligor of the performance of the maintenance obligation to the extent prescribed by subsection 101 (1) of the Family Law Act.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]
(2) If the parent obligated to pay maintenance voluntarily fails to perform the obligation to pay maintenance arising from the court decision, the applicant for maintenance allowance is required to submit an application for enforcement. The applicant is required to immediately inform the Social Insurance Board of the submission of the application for enforcement.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(3) The applicant shall refund the maintenance allowance to the state if the maintenance allowance has been paid regardless of the fact that the conditions for receipt of the maintenance allowance were not complied with or a court decision has entered into force according to which the obligor is not obliged to pay the maintenance allowance.
(31) If the obligor has commenced the performance of the maintenance obligation and upon performing such obligation was not and did not have to be aware of the fact that the claim had transferred to the state, the state shall reclaim the amount paid by the obligor from the recipient of the maintenance allowance based on subsection 1037 (4) of the Law of Obligations Act.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(4) If the parent fails to refund the maintenance allowance that was received without basis, the Social Insurance Board shall issue a precept for the reclamation of the overpaid amount together with a warning to the parent. Upon failure to comply with the precept within the term set out in the warning, the Social Insurance Board shall issue a precept for compulsory enforcement pursuant to the procedure provided for in the Code of Enforcement Procedure. The term prescribed in the warning shall not be shorter than ten working days.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(5) The precept specified in subsection (4) of this section shall set out the following information:
1) the given name, surname and position of the official who prepared the precept;
2) the date of issue of the precept;
3) the name and address of the recipient of the precept;
4) the factual and legal basis for the precept;
5) the amount of maintenance allowance that is reclaimed;
6) the term for compliance with the precept;
7) the possibilities, terms and procedure for contestation of the precept;
8) a warning concerning the commencement of compulsory enforcement in case of failure to perform the obligation.
(6) The precept specified in subsection (4) of this section together with the warning shall be sent, within five working days after the date of issue of the precept and the warning, to the person who received the maintenance allowance.
(61) If there is no information concerning the address of the recipient of the maintenance allowance or the recipient of the maintenance allowance does not reside at the known address and his or her actual place of stay is unknown and the precept cannot be delivered in any other manner, the conclusion of the precept shall be published in the official publication Ametlikud Teadaanded.
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]
(7) The reclamation of maintenance allowance which has been paid without basis shall be organised by the Social Insurance Board.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 10.  Transfer of maintenance claim to the state

(1) If the child had the right to claim maintenance from the obligor at the time specified in subsection 3 (2) of this Act, the claim of the recipient of the maintenance allowance shall transfer to the state at the time of making of the decision to grant the maintenance allowance to the extent specified in the court decision made in the dispute between the obligor and obligee in the matter of the maintenance obligation, but not in excess of the part of the maintenance allowance paid by the state to the applicant for maintenance allowance.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(2) A court decision made in the dispute between the obligor and obligee in the matter of the maintenance obligation concerning a maintenance claim transferred to the state based on subsection (1) of this section also applies to the state. The state has the rights arising from the enforcement instrument which exists in respect of the maintenance claim transferred to the state.
(3) The Social Insurance Board shall inform the obligor of the transfer of the claim to the state immediately after the entry into force of the court decision in the dispute between the obligor and obligee in the matter of the maintenance obligation.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(4) The obligor shall be informed in writing of the claim which has transferred to the state, as well as of the time, extent and legal basis of the transfer of the claim. At the same time, the obligor is made a proposal to satisfy the state's claim and is provided with necessary instructions for satisfaction thereof.
(5) The obligor may satisfy the state's claim in a single payment, or in three instalments to be made during the three months following the receipt of the notice by paying each instalment by the fifteenth day of each month. The notice sent to the obligor shall describe the possibility to make the payment by instalments, set out the amounts of the instalments and the due dates for payment.
(6) The format of the notice to be sent to an obligor shall be established by the Minister of Social Affairs.
(7) If the obligor of the maintenance claim has not voluntarily satisfied the claim which has transferred to the state, the state shall collect the debt after the court decision obligating to pay maintenance has entered into force.
(8) If the Social Insurance Board has no information concerning the address of the obligor or the obligor does not reside at the known address and his or her actual place of stay is unknown and the notice specified in subsection (3) of this section cannot be delivered in any other manner, the notice specified in subsection (3) of this section shall be published in the official publication Ametlikud Teadaanded.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 11.  Collection of maintenance claim transferred to state

(1) The collection of a claim transferred to the state on the basis of subsection 10 (1) of this Act shall be organised and the rights of the obligee shall be performed by the Social Insurance Board which made the decision that was the basis for the transfer of the claim.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(2) If the obligor fails to satisfy the maintenance claim which has transferred to the state, the Social Insurance Board shall file a petition for becoming a party in the enforcement proceedings initiated by the parent in the maintenance matter. If no enforcement proceedings have been initiated for collection of maintenance, the Social Insurance Board shall initiate such proceedings.
[RT I 2007, 71, 438 - entry into force 01.01.2008]
(3) [Repealed - RT I 2007, 71, 438 - entry into force 01.01.2008]
(4) At the request of the Social Insurance Board, an applicant to whose child maintenance allowance has been paid is required to submit a review of the maintenance paid to the child and other information significant in terms of the payment of the maintenance allowance and reclaim of the maintenance.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 111.  Accrual of sums related to collected maintenance claims and reclaimed maintenance allowances

The sums related to maintenance claims collected by the state from the obligors and the sums related to maintenance allowances reclaimed from the recipients of maintenance allowance shall accrue to the state budget.
[RT I 2007, 71, 438 - entry into force 01.01.2008]

§ 12.  Resolution of disputes

(1) If an applicant or obligor disagrees with a decision made by the Social Insurance Board pursuant to this Act, he or she has the right to file a challenge with the Social Insurance Board within thirty days after receipt of the decision.
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]
(11) A challenge shall be resolved within thirty days after registration of the challenge by the Social Insurance Board.
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]
(2) If an applicant or obligor disagrees with a decision on the challenge, he or she has the right of recourse to an administrative court within thirty days after the date on which the applicant is notified of the decision on the challenge.
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]

§ 13.  Entry of data concerning maintenance allowance in register

Data concerning the grant, bases for grant and payment of maintenance allowance shall be entered in the state pension insurance register.
§ 14. – § 15. [Omitted from this text]

§ 151.  Payment of earlier granted maintenance allowance

Maintenance allowance granted before 1 February 2009 shall be paid pursuant to the procedure provided for in § 7 of this Act as of 1 February 2009.
[RT I 2008, 48, 264 - entry into force 01.02.2009]

§ 16.  Implementation of Act

Maintenance allowance shall be paid based on this Act if the ruling on securing an action or the ruling on proposal for payment specified in subsection 3 (1) of this Act has been made after the entry into force of this Act.

§ 17.  Entry into force of Act

This Act enters into force on 1 January 2008.

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