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Maintenance Guarantee Fund Act

Original Language Title: Uzturlīdzekļu garantiju fonda likums

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The Saeima has adopted and the President promulgated the following laws: the law of maintenance guarantee fund article 1 of the Act, the following terms are used: 1) — minor children who are in the Republic of Latvia assigned personal code;
2) applicant: a natural person who is a child in the care and maintenance of the guarantee fund, which the Administration has submitted an application for maintenance cost;
3) the debtor, that the earlier court ruling set out the obligation to pay maintenance to their children and who fails to comply with a court order or a court ruling, but does not ensure the minimum amount of maintenance, one based on the Civil Code article 179 fifth, determined by the Cabinet of Ministers;
4-maintenance child maintenance) expenses, which ensure the child is the responsibility of each parent, irrespective of his possessions and that minimum amount according to article 179 of the civil code a fifth of specified by the Cabinet of Ministers.
Article 2 of the law aims to ensure the implementation of children's rights to social security, creating a maintenance guarantee fund minimum maintenance cost.
Article 3 (1) of the Maintenance Guarantee Fund (hereinafter Fund) means the set of tools provided for the child's maintenance, if with court ruling on maintenance enforcement law of civil procedure recognises on a debtor or a court ruling on maintenance is performed, but does not ensure the minimum amount of maintenance, one based on the Civil Code article 179 fifth, determined by the Cabinet of Ministers.
(2) the Fund is the maintenance guarantee fund administration (hereinafter Fund Administration).
(3) the administration of the Fund is child and Family Affairs (hereinafter the Ministry) under the existing direct regulatory authority.
Article 4 of the Fund Administration shall undertake the following tasks: 1) Association, accumulated and paid to the Fund pursuant to article 3 of this law in the first part of the stated purpose;
2) purposefully and effectively manage the resources of the Fund, as well as ensure use control;
3) Cabinet of Ministers duly registered persons who are paid from the Fund, and the maintenance debtor.
Article 5 (1) the Fund Administration shall have the right to: 1) to receive funding from the State budget;
2) receive gifts and donations;
3) request and free of charge to get the Fund's objective, the necessary information from State and local authorities and institutions as well as individuals.
(2) the administration of the Fund is obliged: 1) without special decision of the Court to take the place of the maintenance party in case part of article 8 of this law in accordance with the procedures specified in the maintenance of the debtor;
2) unchallenged in order to recover from that applicant provided false statements (for maintenance), the Fund paid maintenance and legal interest on the unduly paid amount of the amounts of maintenance;
3) no particular ruling to get from the debtor's legal interest on the amount of maintenance that is paid from the Fund and not recovered from the debtor.
Article 6 (1) the financial resources of this law article 3, the first part of that objective and to the administration of the Fund is provided for in the law on the State budget for the current year as separate programs (sub).
(2) the Fund shall consist of: 1) the national budget allocation from general revenue;
2) from the debtor, but this law article 5, paragraph 2, second subparagraph in the case of the recoveries of the applicant;
3) gifts, donations and foreign financial help.
(3) at the end of the second paragraph of this article, 2. and 3. balance referred to in paragraph 1, if it does not exceed a year actually get the resources remain in the Fund and is used in the following year.
(4) the administration of the Fund shall consist of: 1) funds the State budget grant from the general revenue;
2) gifts, donations and foreign financial help.
(5) the administration of the Fund and the Fund of funds in the Treasury.
Article 7 (1) of the administration of the Fund, headed by a Director, who shall be appointed and removed from Office of children and Family Affairs.
(2) the Director of the administration of the Fund: 1) hosts and organises the work of the administration of the Fund and the Fund Administration business continuity, the Fund staff's competence and responsibility;
2) creates a fund administration unit;
3) Fund Administration staff establishment plan;
4) responsible for management decisions on the establishment and functioning of the system;
5) decide on the payment of the cost of maintenance, cessation and termination, as well as the decision and issue an executory order for Fund of funds unduly paid to the recovery of the this law, article 5, paragraph 2, second subparagraph in case;
6) Decides to repay the Fund funds funds incorrectly;
7) without the express authorisation of the administration of the Fund representative;
8) is responsible for the administration of the Fund, the tasks are performed;
9) is responsible for the appropriate use of Fund resources;
10) responsible for the administration of justice activities of the Fund;
11) provides to be prepared and published in the current year a public report on the functioning of the administration of the Fund and a report on the implementation of the objectives of the Fund.
(3) the Director of the administration of the Fund can be.
Article 8 (1) the maintenance of the Fund be paid after consideration of the application, the applicant if she has the baby in the care in accordance with the judgment of the Court of Justice or article 179 of the civil code, part of the sixth case by a decision of the Court of Justice has sentenced maintenance, and joined one of the article 3 of this law the conditions referred to in the first subparagraph.
(2) if the Court ruling on the execution of the maintenance of the civil procedure law has been declared, or if the debtor Court ruling on maintenance is performed in an amount that is less than the Civil Code article 179 in the fifth part, the administration of the Fund, based on the written submissions of the applicant and the attached documents, the applicant paid the Fund maintenance for each child to the extent based on article 179 of the Civil Code of the fifth , defined by the Cabinet of Ministers, but not more than the Court ruling.
(3) the Fund Administration within seven days after the decision on maintenance cost, it shall notify the debtor. The debtor is obliged to inform the bailiff, which records the execution thing about maintenance, the maintenance of the payments into the Fund, starting with the day when the decision on maintenance cost.
(4) if the debtor's place of residence is unknown, the notice on the initiation of maintenance costs shall be published in the newspaper "journal".
(5) the court bailiff is obliged to inform the administration of the Fund for the recovery of alimony, if they provide a minimum amount of maintenance, one based on the Civil Code article 179 fifth, determined by the Cabinet of Ministers.
(6) application and submission of samples to add to the document are determined by the Cabinet of Ministers.
(7) the applicant shall be paid to the amount of maintenance shall be calculated from the date on which the application is submitted to the administration of the Fund. The order in which the Fund Administration shall examine the application and the accompanying documents, as well as the cost of maintenance is determined by the Cabinet of Ministers.
Article 9 (1) of the administration of the Fund terminated the maintenance cost if there was at least one of the following conditions: 1), the applicant refused to receive maintenance from the Fund by submitting a written application to the administration of the Fund;
2) applicant deprived of care or custody rights;
3) the applicant died.
(2) the first subparagraph of paragraph 2, in the case referred to in the family courts (pagastties) within three working days after the decision or ruling of the Court's receipt of the registered letter sent to the administration of the Fund, a certified copy of the judgment.
(3) the administration of the Fund the maintenance cost renewed if the applicant who restored under the auspices of the child's care or the right to submit to the Fund for the administration of this law article 8, referred to in the second subparagraph. In this case, the amount of maintenance to be paid shall be calculated starting with the day of submission of the application.
Article 10 (1) of the administration of the Fund terminated the maintenance cost if there was at least one of the following conditions: 1) that is the subject of the child maintenance costs from the Fund, reached the age of majority;
2) lost the legal basis for the payment of maintenance;
3) child, the subject of the maintenance costs from the Fund, d.;
4) debtor died.
(2) the first paragraph of this article where the applicant lost right to maintenance.
Article 11 (1) of the administration of the Fund for the payment of maintenance decisions, the cost of termination or termination shall notify the bailiff, which records the execution in case of maintenance.
(2) From the date of receipt of the decision of the administration of the maintenance Fund in the Party (applicant) the amounts paid and the statutory interest (article 5, second paragraph, point 3) becomes a party.
(3) the claims of the administration of the Fund for the maintenance of the debtor is not a limitation.
Article 12

(1) in accordance with this law and the Director of the fund adopted the Administration's decisions are questionable, the administrative procedure law shall, upon application to the Secretary of State of the Ministry. Secretary of the Ministry's decision may appeal to the Court of Justice of the administrative procedure law.
(2) the application to the Secretary of State of the Ministry or the lodging of an application to the Court does not suspend the Fund's Administration Director's decision, except when it is stopped with the application or the investigating written decision.
Transitional provisions 1. Cabinet of Ministers until July 31, 2004, manages the rules provided for in this law, article 4 and paragraph 3 of article 8 of the sixth and seventh.
2. until the establishment of the administration of the Fund in the 2004 budget sub 01.04.00 "maintenance fund" funds administered by the Ministry, providing the maintenance cost in accordance with the procedure laid down in this Act and the administration of the Fund.
3. Maintenance costs start from august 1, 2004.
The law shall enter into force on 1 July 2004.
The Parliament adopted the law of 17 June 2004.
The President of the Parliament instead of the President i. Otter in Riga 29 June 2004 an editorial added: the law shall enter into force by 1 July 2004.