Name of law Law amending and supplementing the law on social assistance the Name Bill a bill amending and supplementing the law on social assistance of adoption Date 22/05/2011 number/year 2011 Official Gazette Decree No 51/167

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 and supplementing the law on social assistance, adopted by the National Assembly of the HLI 22 June 2011.

Issued in Sofia on June 28, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

to amend the social assistance Act (promulgated, SG. 56 1998; amend., SG. 45 and 120 of 2002, no. 18, 30 and 105 of 2006, issue 52 and 59 since 2007, 58/2008 14/41 and 74 from 2009, no. 15 by 2010 and issue 9 of 2011.)

§ 1. In art. 18 (a), para. 5, the words "social assistance" shall be replaced by "social protection".

§ 2. In art. 24, para. 1, item 5, the words "social assistance" shall be replaced by "social protection".

§ 3. Article 25 shall be amended as follows:

"Art. 25. (1) for the financing of activities and events related to the policies pursued in the field of social assistance, establishes the social protection fund ", hereinafter referred to as" the Fund "– secondary authorising officer to the Minister of labour and social policy.

(2) the social protection Fund is a legal person with headquarters in Sofia. "

§ 4. In art. 26 the following modifications are made: 1. In the text before item 1 the words "social assistance" shall be replaced by "social protection".

2. In paragraph 4, the words "the State Lottery and monetary object of ' shall be deleted.

§ 5. In art. 27 the following amendments and supplements shall be made: 1. The current text becomes paragraph. 1 and is amended as follows:

"(1) the resources of the social protection fund be expended for:

1. social benefits;

2. targeted social programs and projects in the field of social inclusion;

3. social services provided by municipalities, and of the persons entered in the register under art. 18, al. (2);

4. research and development of legislation in the sphere of social assistance – not more than 2 percent of the annual volume of the Fund;

5. acquisition of fixed assets and ongoing maintenance of the material base;

6. new building, reconstruction and modernization of the existing facilities for the provision of social services;

7. maintenance of the activity of the Fund – not more than 5 per cent of the funds raised. "

2. Al are created. 2, 3 and 4:

"(2) in the cases referred to in para. 1, item 1 shall be granted only after exhaustion of all other normativnoopredeleni options.

(3) in the cases referred to in para. 1, 2 and 3 shall be granted only where the activities are not financed from the State budget, the programmes and projects financed with funds from European and other international funds or other financial mechanisms.

(4) the resources of the Al. 1 is spent under the conditions and in accordance with procedures laid down by the method for allocation of funds, adopted by the Governing Council of the social protection fund and approved by the Minister of labour and social policy. "

§ 6. Article 28 shall be amended as follows:

"Art. 28. (1) the Fund's governing bodies are the Governing Council and the Executive Director.

(2) the Management Board of the Fund shall consist of five members, including the Chairman.

(3) the Minister of labour and social policy defines the members of the Management Board and its Chairman.

(4) the term of Office of the members of the Management Board shall be five years.

(5) Board members shall be released ahead of schedule:

1. at their written request, addressed to the Minister of labour and social policy;

2. in the judgement of a deliberately committed an indictable offence;

3. when they were members of the management or supervisory bodies of legal entities which are bankrupt, if left unsatisfied creditors;

4. in the case of permanent legal inability to perform their duties for more than 6 months;

5. If the fault caused the damage of the Fund;

6. upon entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest;

7. upon death.

(6) in the early release of a member of the Management Board within one month of the occurrence of the event the Minister of labour and Social Affairs shall appoint in his place a new article for a period until the end of the term of Office of the Member. "

§ 7. Article 29 shall be amended as follows:

"Art. 29. (1) the Management Board shall:

1. adopts decisions for recruitment and the acquittal of the resources of the Fund;

2. approve the draft annual budget of the Fund and it offers of the Minister of labour and social policy;

3. determine the conditions and procedures for the allocation of funds for financing the activities of the Fund;

4. adopt the annual report on the activities of the Fund and shall forward it to the Minister of labour and social policy;

5. the annual accounts shall be drawn up in accordance with the requirements of the accounting Act;

6. a close and permanent and temporary committees, councils and other to the Fund;

7. offers for approval by the Minister of labour and social policy structure and the State of the Fund;

8. monitor the implementation of projects financed from the resources of the Fund.

(2) meetings of the Management Board shall be convened by its Chairperson or on the initiative of one third of its members. The Governing Board shall meet in the presence of two-thirds of its composition. Decisions shall be taken by a majority of more than half of the total number of its members.


(3) unless otherwise provided by law, the members of the Management Board remuneration which shall be determined by order of the Minister of labour and social policy.

(4) the members of the Governing Council shall be jointly and severally responsible for property damage, which have caused the Fund's fault.

(5) the Management Board shall adopt rules of procedure for the Organization and activities of the social protection fund, which shall be approved by the Minister of labour and social policy. "

§ 8. Art is created. 29A:

"Art. 29. (1) the Executive Director of the Fund is appointed an employment relationship from the Minister of labour and social policy.

(2) the Executive Director shall:

1. represents the Fund or by expressly authorized officer;

2. organizing the activities of the Fund, its the Guide and manage the property in accordance with the given to him by the Governing Council;

3. arrange for the meetings of the Management Board;

4. ensure the implementation of the decisions of the Governing Board;

5. prepare the draft annual work plan of the Fund and submits it for approval by the Governing Council;

6. prepare and submit for consideration by the Governing Board the annual budget of the Fund;

7. develop and propose for approval by the Governing Board and the State structure of the Fund;

8. prepare and submit for consideration by the Governing Council annual report on the activities of the Fund;

9. enter into and terminate employment contracts with the employees of the Fund, as well as civil contracts. "

§ 9. Article 30 is repealed.

Transitional and final provisions

§ 10. (1) close the Fund social assistance – the authorising officer subordinate to the Minister of labour and social policy. The available resources of the indoor fund social assistance budget will be transferred to the social protection fund.

(2) the social protection Fund is a right-receiver of the assets, liabilities, rights and obligations of the indoor social assistance fund of the balance and the statement on the day of entry into force of this law.

§ 11. (1) within three months of the entry into force of this Act, the Minister of labour and social policy establishes the rules for organisation and operation of the social protection fund and the methodology for allocation by the Fund.

(2) within three months of the entry into force of this Act, the Minister of labour and social policy defines the members of the Governing Council and appoint the Executive Director of the social protection fund.

(3) the determination of the members of the Management Board and the appointment of the Executive Director under subsection. 2 former members of the Management Board of the indoor Fund "social assistance" continue to carry out its powers.

(4) The establishment of rules in para. 1 shall apply the rules of procedure of the Governing Board of the social assistance fund (neobnarodvan), issued on the basis of the repealed art. 30.

§ 12. In the law on child protection (Official Gazette No. 48 of 2000; amend., SG. 75 and 120 of 2002, no. 36 and 63 from 2003, no. 70 and 115 of 2004, no. 28, 94 and 103 by 2005, issue 30, 38 and 82 of 2006, no. 59 of 2007 No. 69 since 2008. , PC. 14, 47 and 74 from 2009, PCs. 42, 50, 59 and 98 of 2010 and PC. 28 of 2011.) the following modifications are made:

1. In art. 43 (g), the words "social assistance" shall be replaced by "social protection".

2. In art. 44, para. 1, item 5, the words "social assistance" shall be replaced by "social protection".

§ 13. In the law on income tax of individuals (official SG. 95 2006; amend., SG. 52, 64 and 113 (2007), no. 28, 43 and 106 since 2008, issue 25, 32, 35, 41, 82, 95 and 99 from 2009, issue 16, 49, 94 and 100 by 2010 and no. 19, 31 and 35 of 2011) in art. 22, para. 1, item 1 (c), the words "social assistance" shall be replaced by "social protection".

§ 14. In the law on corporate income tax (official SG. 105 of 2006; amend., SG. 52, 108 and 110 since 2007, no. 69 and 106 since 2008, 32/35 and 95 of 2009, 94/2010 and 19/31 and 35 of 2011) in art. 31, para. 1, item 2, the words "social assistance" shall be replaced by "social protection".

The law was adopted by 41-Otto National Assembly on 22 June 2011, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

7755