Amendments To The Maintenance Guarantee Fund Act

Original Language Title: Grozījumi Uzturlīdzekļu garantiju fonda likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/190.7

The Saeima has adopted and the President promulgated the following laws: the law of maintenance guarantee fund, in do maintenance Guarantee Fund Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2004, no. 14, no. 14, 2009; Latvian journal, 2009, 200. no; 2011, no. 95; 2012, no 6.) the following amendments: 1. Add to article 4 of the third part as follows: "(3) the Hague 2007 23 November the Convention on maintenance for children and other forms of family maintenance the cross-border recovery of funds (hereinafter: the Hague 2007 Convention of 23 November) the central authorities set out the duties of the administration of the Fund. The procedures and the extent to which the administration of the Fund, the Hague 2007 23 November in the cases laid down in the Convention gives individuals legal aid shall exercise the rights and functions of the central authority, as well as to comply with that Convention central authorities set tasks, determined by the Cabinet of Ministers. " 2. in article 5: to supplement the first part of paragraph 5 with the following: "5) split within the second paragraph of article 2 and in the case provided for in point 2.1 of the amounts recovered from the applicant."; make the second subparagraph of paragraph 4 by the following: "4) if necessary, without special authorisation to represent the Court and other State and municipal institutions persons under Council Regulation (EC) No 4/2009 are entitled to legal aid, it is a foreign plaintiff cross-border recovery of maintenance cases, the child or other persons (in accordance with Council Regulation (EC) No 4/2009) a foreign plaintiff cross-border establishment of paternity in the cases where the claim in accordance with the Council Regulation No. 4/2009 brought together with a claim for recovery of maintenance for the child as well as foreign applicants in cases of foreign judicial decisions on the maintenance of a child or other person recognition or declaration of enforceability in Council Regulation No. 4/2009 in the cases provided for. '; Add to the second part of paragraph 5 with the following: "5) if necessary, without special authorisation to represent the Court and other State and municipal institutions, persons who, in accordance with the Hague 23 November 2007 Convention has the right to legal aid, it is a foreign plaintiff cross-border recovery of maintenance cases, the child or other persons (in accordance with the Hague 2007 Convention of 23 November), the foreign plaintiff cross-border establishment of paternity cases If the claim in accordance with the Hague 23 November 2007 Convention brought together with a claim for recovery of maintenance for the child, as well as foreign applicants in cases of foreign judicial decisions on the maintenance of a child or other person recognition or declaration of enforceability of the Hague, 23 November 2007 in the cases provided for in the Convention. " 3. Supplement article 7 the second subparagraph of paragraph 5, after the word "case" with the words and figures "adopted a decision on the fact that this law, 5. the second paragraph of article 2 and in the case provided for in point 2.1 of the Fund to pay the amounts recovered are broken". 4. in article 11.1: Supplement to article 2.1 and 2.2 of this part: "(21) If there are reasonable grounds, the applicant may, within 10 days from the first paragraph of this article the date of receipt of the decision to ask the administration of the Fund for the maintenance of the unduly paid and calculated the amount of the payment of legal interest to split time with submission of the appropriate application. (22) the Fund Administration within seven days of the application referred to in paragraph 2.1 of the appearance of the date of receipt and shall decide on the allocation of payment deadlines or the decision on the refusal to split the payment deadlines. When deciding on the allocation of paid time, the due date would be no longer than a year. If the administration of the Fund shall adopt the decision on the refusal to pay the applicant, within the split within 10 days from the date of receipt of this decision to be executed in the first part of that decision. If this part of the decision reached earlier than the due date in accordance with the second paragraph of this article, the time limit prescribed, the longest duration. "; make the third paragraph as follows: "(3) the Fund Administration shall prepare the warning referred to in the first paragraph of the enforcement of the decision and shall notify the applicant if the applicant: 1) does not comply with the first paragraph of this article of the decision within 30 days from the date of arrival; 2) has received a decision on refusal to split the payment deadlines and part 2.2 of this article within the time limit specified in this article does not comply with the decision referred to in the first paragraph; 3) missed at least one from this article 2.1 of the decision referred to in the payment within the specified period of Division. " 5. the transitional provisions be supplemented by 7 and 8 points by the following: "7. From 1 January 2013 to 2016 December 31 maintenance from the Fund cases in maintenance costs start at and in matters initiated after 1 January 2013, according to this law, article 8, second subparagraph paid amounting to: 1) from 1 January 2013 to 31 December of each child from his birth until the age of seven years — 35 lats and for every child from the age of seven years reaching up to 18 years of age-40 dollars but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part; 2) from 1 January 2014 to 31 December of each child from his birth until the age of seven years — 40 dollars and for each child of seven years of age to 18 years of age: 45 lats, but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part; 3) from 1 January 2015 until 31 December for every child from his birth until the age of seven years, and 45 pounds for each child of seven years of age to 18 years of age — 50 dollars but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part; 4) from 2016 January 1 to December 31 for each child from his birth until the age of seven years — 50 lats and for each child of seven years of age to 18 years of age — 55 lats, but not more than the Court ruling, as well as not exceeding the amount specified by the Cabinet of Ministers pursuant to article 179 of the civil code the fifth part. 8. Article 4 of this law, the third part, and article 5, second paragraph, point 5 shall enter into force simultaneously with the Hague 23 November 2007 entry into force of the Convention in the European Union. " The law shall enter into force on January 1, 2013. The Parliament adopted the law in 2012 on November 15. The President a. Smith in Riga 2012 December 4.