Please specify the scope of Decree No. 770/96 with regard to the requirements for assignments by birth and adoption, by child and child with disabilities, and the special assistance instituted by Decree No. 853/96.
Bs. As , 16/8/96
VISTO Decree 770 of 15 July 1996, which institutes a new system of family assignments, and.
It is necessary to regulate various aspects of the regime mentioned in order to specify its scope.
The requirements for birth and adoption assignments, by child and child with disabilities, and the special assistance provided by Decree No. 853 of 25 July 1996 should be set.
That a fair and consistent approach should be made to the spirit of the family allowance regime, the cases of those workers who in the month of the creation of the act that generates their right, receive a sum subject to contributions that increase their remuneration, exceeding the maximum amount set by articles 2 of Decree No. 770 of 15 July 1996 and 9th, paragraph (b), of Decree No. 771
It is appropriate to give a differentiated treatment to retirees and pensioners based in provinces where there were zone coefficients.
It is convenient to empower the Ministry of Labour and Security SOCIAL to dictate the necessary clarification and interpretative rules of application, keeping the necessary consistency with the aims and objectives that inspire the new regime of family assignments.
That this regulation is integrated with other devices regulating partial aspects of Decree No. 770 of 15 July 1996, such as Decree No. 771 of 15 July 1996, and Decrees No. 847, No. 851 and No. 853 of 25 July 1996, which provide a comprehensive regulation of the family allocation regime.
Thus, under article 99 (2) of the NATIONAL CONSTITUTION
OF ARGENTINA NATION
Article 1-Assignment by birth or adoption, assignment by child and child with disabilities, and special assistance, referred to in articles 2° and 3°. of Decree No. 771/96, and Decree No. 853/96, respectively, shall be paid to one of the parents, and may not be perceived simultaneously in relation to more than one employment.
The special assistance instituted by Decree No. 853/96 shall be referred to as basic general education, and the worker shall be granted the right to a child ' s assignment, as well as the effective assistance of the child to school.
When both parents are entitled to the collection of family allowances, they may be requested by them, whom their perception, depending on their amount, is more beneficial.
Art. 2°-To credit the right to the perception of family allowances, workers must meet a minimum timetable of CUATRO (4) hours a day, or VEINTICINCO (25) a week, or CIEN (100) a month. In the case of hired workers, the minimum will be DOCE f ornadas and MEDIA (12 and 1/2) able to accumulate the services provided in the month with different employers.
Art. 3°-In order to meet the requirement of seniority in employment, workers will be able to compute tasks covered by the family allowance system, performed in the months immediately prior to the start of the current activitya
They may also be computed for the months immediately preceding the receipt of unemployment insurance benefits.
Art. 4° - The limits that condition the granting of or the amount of family allowances shall be calculated in each case depending on the average of the total remuneration in one or more jobs perceived by the worker for a semester, or on the average of the assets perceived by the beneficiary of the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP) during the same period. This average will be calculated on 30 June and 31 December of each year and will govern for the next semester.
When a working relationship begins, those limits shall be referred to the first remuneration, without prejudice to the fact that at the end of the respective semester the average referred to in the preceding paragraph shall be applied.
Provide for the first remuneration that is appropriate or should have been paid for the performance of tasks throughout the month considered.
Art. 5°-Workers who start a working relationship up to the 20th day even every month shall have the right to the perception of family allowances, provided that they are performed with the same employer until the last day of that month.
In case of extinction of the employment relationship, family allowances will be paid when it occurs after day 10.
In no case will family allowances be paid off the time worked.
Art. 6°-The beneficiaries of the INTEGRATED SYSTEM of JUBILATIONS AND PENSIONS (SIJP) that reside in the PROVINCIES of the CHUBUT, SANTA CRUZ, and LAND OF THE FUEGO, ANTARTIDA E ISLAS del ATLANTICO SUR, will receive the amounts of the family allowances listed below:
- Child allowance PESOS CUARENTA ($40)
-assignment for children with disabilities SESENTA PESOS ($ 160)
The appropriate allocation by spouse to retirees and pensioners under article 10 of Decree No. 770/96 residing in the above-mentioned provinces shall be PESOS TREINTA ($ 30).
For the purposes of the perception of family allowances provided for in this article, monthly assets may not exceed PESOS MIL (S 1,000). Otherwise, they shall govern the limits of remuneration and the amounts of the allocations established by Decree No. 771/96.
Art. 7°-Replace Article 4 of Decree 771/96 with the following:
"ARTICULO 4°: For the purposes of this Decree, they shall also be considered as children, minors or persons with disabilities whose guardianship, custody, guardianship or guardianship has been accorded to the worker or beneficiary of the INTEGRAD SYSTEM of JUBILATIONS and PENSIONS (SIJP) by competent judicial or administrative authority. In such cases, parents who have been displaced from legal or necessary representation shall not have the right to collect the above-mentioned assignments.
Art. 8°-MINISTERY OF WORK AND SECURITY SOCIAL shall provide clear and interpretative rules for the implementation of the family allocation regime.
Art. 9°-Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM-Jorge A. Rodríguez. -Jose A. Caro Figueroa.