Law Amending The Law On Family Allowances For Children

Original Language Title: Закон за изменение и допълнение на Закона за семейни помощи за деца

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15370/

Name of law a law amending the law on family allowances for children Name the Bill a bill amending and supplementing the law on family allowances for children adoption date 15/05/2015 number/year Official Gazette 59/2015 Decree No 142

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on family allowances for children, adopted by the National Assembly HLIIÌ on July 15, 2015.

Issued in Sofia on 23 July 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Hristo Ivanov

LAW

amending the law on family allowances for children (official SG. 32 of 2002; amended, by 120/2002 of 112/2003, no. 69 of 2004 No. 105 by 2005, issue 21, 30, 33, 68 and 95 from 2006, 113/2007, no. 71 and 110 since 2008. , PC. 23 of 2009, PCs. 15 and 24 by 2010, PC. 99 by 2011, issue. 54 and 103 from 2012 and St. 15 and 109 by 2013)

§ 1. In art. 1 make the following amendments and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the family benefits are in cash and/or in kind, to help raise the children in a family environment by parents or caregivers."

§ 2. Art is created. 1a:

"Art. 1. (1) the Council of Ministers defines the State policy in the field of family allowances for children.

(2) the Minister of labour and social policy develops, coordinates and carries out the State policy in the field of family allowances for children.

(3) the Agency for social assistance carries out its activities under the grant of family allowances for children.

(4) For the exercise of its functions under paragraph 1. 3 social assistance directorates are entitled to free access to the national database "population" that is provided through an agreement between the Ministry of regional development and public works and the Agency of social assistance, and require more work time necessary information by the Ministry of education and science, the National Revenue Agency, national health insurance fund, the registry Agency, employment agency, the National Insurance Institute and their territorial structures from other State and municipal authorities, as well as by natural and legal persons, as they are obliged to provide it free of charge within 14 days from the date of the request. "

§ 3. Article 2 is amended as follows:

"Art. 2. (1) family allowances under this law are one-time and monthly.

(2) Disposable family allowances are:

1. lump in pregnancy;

2. grant on the birth of a child;

3. one-time assistance for the adoption of a child;

4. grant for the rearing of twins;

5. a single aid for child-rearing by majka (foster mother) student učaŝa in full-time training;

6. grant for students enrolled in the first grade;

7. grant for the free trip once a year, with rail and bus and coach transport in the country for large mothers.

(3) Monthly family allowances are:

1. monthly allowance for raising a child until the age of one year;

2. monthly allowance for raising a child until completion of secondary education, but not more than 20 years of age;

3. monthly allowance for raising a child with a permanent disability.

(4) the family benefits referred to in paragraph 1. 2, item 1 – 5 and 7 and para. 3, item 3 shall be granted in cash.

(5) the family benefits referred to in paragraph 1. 2, item 6 and para. 3, paragraphs 1 and 2 may be granted in cash and/or in kind.

(6) assistance in kind is provided in the form of goods and/or services to the child, in accordance with individual needs, assessed by the Directorate for social assistance, in the event that:

1. parents or persons receiving family allowance, I cared for the child/children;

2. the family allowance is not used as intended for the child/children;

3. parents or persons receiving family allowance, failing to comply with the obligation under art. 8, al. 6 of the Act on the protection of the child;

4. the mother of aid granted under paragraph 1. 3, paragraphs 1 and 2, wasn't turning 18 years old.

(7) the conditions and procedures for the granting, payment/provision in kind, amendment, suspension, resumption and termination of the recovery, the family allowances shall be determined by the regulation for implementation of the law. "

§ 4. In art. 4, the words "article. 2, al. 1, item 1, 6 – 8 "are replaced by" article. 2, al. 2, paragraphs 1 and 6 and para. 3, item 1 and 2 ".

§ 5. In art. 5A is created al. 4:

"(4) in the event that a pregnant woman is not even 18 years old, the Directorate for social assistance shall take measures to protect the family environment in accordance with art. 23 of the Act on the protection of the child. "

§ 6. In art. 6 make the following amendments and additions:

1. In paragraph 8. 1 the words "left for cultivation in a specialized institution for children" are replaced by "accommodated for growing outside the family by the procedure of art. 26 of the Act on the protection of the child ".

2. in the Al. 2 Add "as for the first, second and third child is higher."

3. Al are created. 7, 8 and 9:

"(7) the right referred to in paragraph 1. 1 is used by the father, in the event that the mother dies before the filing of the application, the Declaration of the granting of the aid.

(8) in the event that the mother is not 18 years, the Directorate for social assistance shall take measures to protect the family environment in accordance with art. 23 of the Act for child protection.

(9) the aid referred to in paragraph 1. 1 shall be refunded by the person to whom it was granted, if the age of the child is placed outside the family farming by the procedure of art. 26 of the Act on the protection of the child because of the deprivation of parental rights pursuant to art. 132, item 1 and 2 in connection with art. 131, para. 1 of the family code and/or on the grounds of art. 25, para. 1, 2 and 4 of the law on the protection of the child. "

§ 7. In art. 6 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "cash" and "until the age of one year" shall be deleted and the words "in a specialized institution for children" shall be replaced by ' outside the family by the procedure of art. 26 of the Act on the protection of the child and live permanently in the country. "

2. in the Al. 4, the words "cash" and "until the age of one year" shall be deleted.

3. in the Al. 5, the words "cash" and "until the age of one year" shall be deleted and the words "for twins, accommodated by the procedure of art. 26 of the Act on the protection of the child "shall be replaced by" when in these families by the procedure of art. 26 of the Act on child protection are accommodated under Gemini 6 months of age.

4. Al are created. 6 and 7:

"(6) in the event that the mother is not 18 years, the Directorate for social assistance shall take measures to protect the family environment in accordance with art. 23 of the Act for child protection.

(7) the aid referred to in paragraph 1. 1 shall be refunded by the person to whom it was granted, if the age of the twins they accommodate for growing outside the family by the procedure of art. 26 of the Act on the protection of the child because of the deprivation of parental rights pursuant to art. 132, item 1 and 2 in connection with art. 131, para. 1 of the family code and/or on the grounds of art. 25, para. 1, 2 and 4 of the law on the protection of the child. "

§ 8. Art is created. 6 (b):

"Art. 6B. (1) the adoptive parents are entitled to a one-time assistance for the adoption of a child regardless of the income of the family, provided that the adoptive parents and the adopted child live permanently in the country.

(2) the amount of the aid referred to in paragraph 1. 1 shall be determined annually by the law on the State budget of the Republic of Bulgaria for the year concerned, but shall not be less than the previous year and is not higher than the amount of the lump-sum childbirth assistance, as determined by the procedure of art. 6, al. 2 for the first child.

(3) upon adoption of a child of the spouses the right under paragraph 1. 1 is used by only one of them.

(4) the aid shall be recovered in the event that within two years of adoption it is discontinued or the child is placed outside the family by the procedure of art. 26 of the Act on the protection of the child because of the deprivation of parental rights pursuant to art. 132, item 1 and 2 in connection with art. 131, para. 1 of the family code and/or on the grounds of art. 25, para. 1, 2 and 4 of the law on the protection of the child. "

§ 9. Article 7 is amended as follows:

"Art. 7. (1) the monthly allowance for children up to the completion of secondary education, but not more than 20 years of age, shall be made available to families whose income per family member is less than, or equal to, the income under art. 4, provided that the family lived permanently in the country and the child:

1. is not accommodated for growing outside the family by the procedure of art. 26 of the Act on the protection of the child;

2. regularly attended preparatory groups in kindergarten or preparatory groups in schools of compulsory pre-school training for children, unless this is impossible due to his health;

3. until the completion of secondary education, but not more than 20 years of age attended school regularly, unless this is impossible due to his health;

4. has made all the required immunizations and check-ups in accordance with the age and his health;

5. live permanently in the country.

(2) subject to the provisions of para. 1 the monthly allowance for children placed for growing into a family of relatives or in foster care by the procedure of art. 26 of the Act on the protection of the child is granted regardless of the income of the family.

(3) the monthly contribution referred to in para. 2 shall be granted, and after the age of 18 until completion of secondary education, but no later than age 20 if residents continue to live in the family.

(4) the amount of the aid referred to in paragraph 1. 1 shall be determined annually by the law on the State budget of the Republic of Bulgaria for the year as a total amount of aid for the family, depending on the number of children for whom you receive.

(5) in determining the amount of the aid in accordance with para. 4, no account shall be taken of the children accommodated in the growing family of relatives or in foster care by the procedure of art. 26 of the Act on the protection of the child, for which the amount of aid must not exceed the aid for a family with one child.


(6) in determining the total amount of aid for the family that cultivates the twins, the amount of aid for each child a twin may not be less than 1.5-time amount for a family with one child.

(7) subject to the provisions of para. 1, paragraphs 1 and 5, para. 2 and 3 after the age of 18 years of age the monthly allowances are provided, if the person continues to learn and regularly attended school until completion of secondary education, but not later than the age of 20 years old.

(8) subject to the provisions of para. 1, paragraphs 1 and 5, the monthly assistance for a child with permanent disability established by the competent health authorities shall be granted irrespective of the income of the family, as in the determination of the total amount of aid for the family the amount of aid for a child with a permanent disability may not be less than twice the aid for a family with one child.

(9) subject to the provisions of para. 1 part-help for children with one living parent is granted irrespective of the income of the family.

(10) subject to the provisions of para. 1, item 1 and 5 months of assistance is provided and for a child who has completed secondary education before the age of 18 years of age.

(11) the monthly contribution referred to in para. 1 shall terminate before expiry of the period for which it is granted, when dropping and/or established non-compliance with the conditions for the grant, as well as:

1. in the case of accommodation of the child outside the family by the procedure of art. 26 of the Act on the protection of the child;

2. after the suspension of the aid for three consecutive months or for six months within one school year due to non-compliance with the conditions set out in para. 1, 2 and 3;

3. when the child receives aid, become a parent.

(12) in the cases referred to in para. 11, item 2 monthly allowance may be granted again not earlier than one year from the date of termination.

(13) in the cases referred to in para. 11, item 3, if the child attends school regularly to pursue, it is entitled to receive a lump-sum contribution of an amount corresponding to the amount of the terminated assistance for the period from the termination until the expiry of the period for which it has been granted. In determining the amount of the aid shall be taken into account only months in which the child has attended school regularly, and if it is established that the child has not attended regular school three straight months or 6 months within a school year, the aid shall not be granted.

(14) where there are grounds for suspension and/or termination of monthly assistance before expiry of the period for which it is granted for only a part of the kids in the family, it shall be reduced by the amount of the aid for these children.

(15) where there are grounds for granting a monthly assistance in kind only for part of the children in the family, help in money shall be reduced by the amount of the aid for these children, and for them the aid shall be granted in kind.

(16) in the event that the mother is not 18 years, the Directorate for social assistance shall take measures to protect the family environment in accordance with art. 23 of the Act on the protection of the child. "

§ 10. In art. 8 make the following amendments and additions:

1. In paragraph 8. 1:

a), the words "in cash and/or in the form of social investments" shall be deleted;

b) point 2 is amended as follows:

"2. the child is not accommodated for growing outside the family by the procedure of art. 26 of the Act on the protection of the child; "

in point 3) shall be replaced by the following:

"3. the mother and child (their adoptive mother) live permanently in the country;"

d) item 4 shall be inserted:

"4. the child has made all the required immunizations and check-ups in accordance with the age and his health."

2. in the Al. 2, 3, 6, 7 and 8, the words "in cash and/or in the form of social investments" shall be deleted.

3. in the Al. 9 the words "para. 1, item 1, 2 and 3 ' shall be replaced by "para. 1, item 1-4 "and the words" in cash and/or in the form of social investments "shall be deleted.

4. a para. 10:

"(10) in the event that the mother is not 18 years, the Directorate for social assistance shall take measures to protect the family environment in accordance with art. 23 of the Act on the protection of the child. "

§ 11. In art. 8 the following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) parent (foster mother) student has right to grant parental leave regardless of family income, provided that:

1. child lives permanently in the country and is not accommodated for growing outside the family by the procedure of art. 26 of the Act on the protection of the child;

2. mother (their adoptive mother) lives permanently in the country and is a student in full-time training at an accredited and established under the conditions and pursuant to the law on higher education;

3. mother (their adoptive mother) is recorded as a student in full-time training at the date of birth of the child;

4. mother (their adoptive mother) is not provided and does not receive compensation for the pregnancy, the birth and upbringing of a child pursuant to the social security code. "

2. in the Al. 4, the words "in the money" shall be deleted.

3. Al are created. 5 and 6:

"(5) the aid referred to in paragraph 1. 1 shall be paid twice, as 50 percent of its amount shall be paid after the entry into force of an order for the grant and the balance shall be paid after presentation of the certificate of assurance/saved next semester or higher education, but not later than one year from the age of the child.

(6) the aid referred to in paragraph 1. 1 shall be refunded by the person to whom it was granted, if the age of the child is placed outside the family farming by the procedure of art. 26 of the Act on the protection of the child because of the deprivation of parental rights pursuant to art. 132, item 1 and 2 in connection with art. 131, para. 1 of the family code and/or on the grounds of art. 25, para. 1, 2 and 4 of the law on the protection of the child. "

§ 12. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "art. 7 and 8 "are replaced by" article. 2, al. 3 "and the words" in cash and/or in the form of social investments "shall be deleted.

2. in the Al. the words "in cash and/or in the form of social investments" shall be deleted.

3. in the Al. 4, the words "in cash and/or in the form of social investments" shall be deleted.

4. in the Al. 5, the words "article. 7 and art. 8 "are replaced by" article. 2, al. 3 "and the words" in cash and/or in the form of social investments "shall be deleted.

5. a para. 6:

"(6) Monthly supplement under art. 8 (e) shall be granted for the time period specified in the decision of the expert TEMP/NATIONAL, from the 1st of the month of a particular date of disablement in the decision, but not more than three years ago, with effect from the month of issue of the decision, if the application-Declaration is submitted within three months from the date of the decision. The monthly supplement under art. 8 e shall be granted from the beginning of the month in which the application is made-Declaration:

1. where the application-Declaration is submitted after the expiry of a period of three months from the date of issue of the decision of the expert TELK/NELKO;

2. the families under art. 8 e, para. 1, item 2. "

§ 13. In art. 10 is hereby amended as follows:

1. In paragraph 8. 1, the words "application-Declaration ' shall be replaced by" application-Declaration ".

2. paragraph 2 is replaced by the following:

"(2) the persons to whom family allowance is granted under art. 7, 8 and 8 (e), shall be obliged to notify the Department of social assistance for any changes to the conditions under which the aid was granted, not later than 30 days of the event in question. "

3. in the Al. the words "new application-Declaration ' shall be replaced by" new application-Declaration ".

4. Paragraph 8 shall be repealed.

§ 14. In art. 10 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the word "target" is deleted, then the word "year" a comma and add "when children live permanently in the country and are not accommodated for growing outside the family by the procedure of art. 26 of the Act on the protection of the child ".

2. Paragraph 3 shall be repealed.

3. in the Al. 4, the words "para. 1, 2 and 3 ' shall be replaced by "para. 1 and 2 "and the words" target "and" in cash and/or in the form of social investments "shall be deleted.

4. in the Al. 5 the word "target" is deleted.

5. in the Al. 6, after the word "school" insert "or not attended regular school until completion of the first grade, unless this is impossible due to his health."

§ 15. Article 11 shall be replaced by the following: "art. 11. Upon submission of the application for the granting of aid under art. 2, al. 2, paragraphs 1 and 6 and para. 3, item 1 and 2 persons declare in writing his agreement to perform official inspection of their income from social assistance. "

§ 16. Article 12 is amended as follows:

"Art. 12. (1) the right to family allowances shall be as follows: 1. for one-off aid in pregnancy – after the specified term for birth and, in the case of birth before the scheduled term – three months after giving birth;

2. for the one-off assistance for the birth of a child – after the age of three years of age of the child;

3. for one-off assistance for child adoption – after 6 months from the entry into force of the judgment, which has allowed adoption;

4. one-off assistance for raising twins – after the age of 6 months of age of the children;

5. lump-sum allowance for raising a child of parent (foster mother) student učaŝa in the regular form of training – from the age of 6 months of age of the child;

6. for the one-off assistance for students enrolled in first grade – after a month from the beginning of the school year;

7. for one-off assistance for free travel by rail and bus and coach transport in the country for large mothers – after a month of the implementation of the journey;

8. monthly allowance for raising a child until the age of one year – from the age of 1-the age of the child;

9. monthly allowance for raising a child until completion of secondary education, but not more than 20 years of age – after completion of secondary education of the child, but no more than 20 years of age;

10. the monthly supplement for children with permanent disabilities to 18 years of age and until completion of secondary education, but no later than age 20 – after the age of 18 years of age of the child, and if studying – until completion of secondary education, but not more than 20 years of age.

(2) Claims to family allowances under art. 2, al. 2 shall be repayable within three months from the end of the month in which the order for their release has entered into force.


(3) Claims to family allowances under art. 2, al. 3 shall be repayable within three months from the end of the month to which they relate. "

§ 17. In art. 14 the following amendments and supplements shall be made:

1. In paragraph 8. 3, after the word "bad faith" is added "and, in the cases under art. 6, al. 9, art. 6 (a), para. 7, art. 6 (b), para. 4, art. 8 in, al. 6 and art. 10A, al. 6. "

2. Paragraph 4 is replaced by the following: "(4) to comply with the requirements under art. 7, para. 1, item 2 and 3 social assistance Directorate carried out joint inspections with the regional inspectorates of education to the Ministry of education and science in cooperation with the directors of schools and kindergartens. "

3. a para. 5:

(5) persons in bad faith have received family allowances under art. 7, 8 and 8 (e), including failure of the obligation under art. 10, para. 2 when this led to improper receipt of family allowances, are deprived of these benefits to the recovery of the amounts due, but for a period not exceeding one year. "

§ 18. In art. 14 (a), para. 1 the figure "7" is replaced by "14".

§ 19. Article 15 shall be amended as follows:

"Art. 15. (1) the Minister of labour and social policy exercises overall control over the observance of this law.

(2) the specialized legal control in the application of this law shall be carried out by the Inspectorate to the Executive Director of the Agency for social assistance.

(3) in the performance of supervisory functions inspectors shall have the right to:

1. to visit without restriction to the Agency's territorial structures for social assistance;

2. to require explanations and provision of documents, reports and information;

3. to receive directly from the aided persons with the necessary information.

(4) the inspectors are obliged to observe the regulations for the protection of classified information, they become known to or on the occasion of checks carried out, as well as to respect the honour and dignity of the persons assisted.

(5) upon the establishment of the offences, which contain data on the crime committed, the Inspectorate shall immediately inform the authorities of the public prosecutor's Office.

(6) State bodies and officials shall be obliged to supply information and to assist the inspectors in the performance of their functions. "

§ 20. In art. 16, al. 4, the words "Minister of labor and social policy" shall be replaced by the words "the Executive Director of the Agency for social assistance.

§ 21. In the additional provisions the following modifications are made:

1. In paragraph 1:

a) point 1 shall be amended as follows:

"1." family "includes:

a) spouses, minor children, and the majority of all students, if you keep learning until completion of secondary education, but not later than the age of 20 years old (born, recognized, adopted, brought, welded, with the exception of married);

b) joint living parents without marriage, which coexist on a current address, their minor children, as well as the age of majority, if all students continue to study until completion of secondary education, but not later than the age of 20 years old (born and recognized, with the exception of married);

c) parent and his or her minor children, as well as the age of majority, if all students continue to study until completion of secondary education, but not later than the age of 20 years old (born, recognized, adopted, with the exception of married). ";

b) point 4 shall be replaced by the following:

"(4)" person living permanently in the country "is a person who resides in the territory of the country for more than 183 days within 12 months. ';

in section 6) shall be replaced by the following:

"6." child with permanent damage "is a child of the age to 16 years with certain 50 and over 50 percent type and degree of disability or a child/person aged 16-20 years with fixed 50 and over 50 per cent level of permanently reduced working capacity."

2. paragraph 1 (a) is repealed.

Transitional and final provisions

§ 22. All granted prior to the entry into force of this law, the monthly allowances under art. 7, the deadline shall expire after 1 January 2016, are provided in the extent to which are allocated by 31 December 2015.

§ 23. All monthly allowances under art. 7 more applications-declarations after the entry into force of this law shall be granted for a period until 31 December 2015 in accordance with the rates laid down in the previous article. 7, para. 4 and 8 and in art. 61 of the law on the State budget of the Republic of Bulgaria for 2015.

§ 24. The adoption of new applications-statements for granting monthly allowances under art. 7 after 31 December 2015 shall be carried out according to a schedule approved by the Minister of labour and social policy.

§ 25. The law shall enter into force on the day of its publication in the Official Gazette with the exception of art. 2, al. 2, t. 3, § 6, paragraph 2, concerning art. 6, al. 2, art. 6 (b) and (c) art. 7, para. 4, 5, 6, 8, 14 and 15, which shall enter into force from 1 January 2016.

The law was passed by the National Assembly-43 on 15 July 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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