Regulations On The State Family Benefit And Allowances To The State Family Benefit For A Disabled Child, Its Review Procedure And Benefits And Allowances And Costs Order

Original Language Title: Noteikumi par ģimenes valsts pabalsta un piemaksas pie ģimenes valsts pabalsta par bērnu invalīdu apmēru, tā pārskatīšanas kārtību un pabalsta un piemaksas piešķiršanas un izmaksas kārtību

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/113509

Cabinet of Ministers Regulations No. 562, Riga, 26 July 2005 (pr. No 43 78. §) rules on State family allowances and benefits at the State family benefit for a disabled child, its review procedure and benefits and allowances and costs the order Issued under the State social benefits law article 6, third paragraph, article 15 of the first and second subparagraphs, the first subparagraph of article 16 and article 17, first and second part i. General questions 1. determines the State family benefit (hereinafter benefit) and premium at the State family benefit for a disabled child (bonus) amount its review procedure, as well as benefits and premium and costs.
2. the allowance shall granted: 2.1. one of the parents of the child, from the date of the birth;
2.2. the child's guardian or adoptive, from custody or adoption date of establishment;
2.3. the person who actually bringing up the child, including adoptive parents, from the days when according to the law "about a fosters and pagastties ' article 15 paragraph 11 a child's personal interest taken in family courts (pagastties) decision on the suspension of the payment of the allowance to a person not actually bringing up the children.
3. the premium shall be granted to: 3.1 one of the child's parents, from the child's disability determination;
3.2. the child's guardian or adoptive parent of custody or adoption, the establishment of the day, if the child disability been fixed earlier;
3.3. the person who actually bringing up the child, from the days when according to the law "about a fosters and pagastties ' article 15 paragraph 11 a child's personal interest taken in family courts (pagastties) decision on the suspension of the payment of the allowance to a person not actually bringing up the children.
4. the benefits for the second child and subsequent children in the family, the family of a claimant's total number of children also included children, in which the family actually brought up, on the basis of the family courts (pagastties), as well as the decisions adopted and the existing children in custody.
5. an applicant for family benefits, the total number of children includes, but is not paid and the premium benefits: 5.1 for the child who left from the Republic of Latvia to live in a foreign country;
5.2. the child who placed in State, municipal or private child care and upbringing in the establishment and situated in full authority, but whose dependent parents are deprived of the care of the child or the child's custody rights;
5.3. a child whose personal interest taken in family courts (pagastties) a specific decision on the suspension of the payment of the allowance to a person not actually bringing up the children.
6. an applicant for family benefits, the total number of children not included: 6.1. children who died before adulthood;
6.2. the children, for which the mother and father of the child deprived of the care or custody of the child;
6.3. children whose parents divorce are in accordance with the judgment of the Court of justice the applicant resides not in the family;
6.4. children in custody, for which the allowance is received the social capacity of the age of minors by parents;
6.5. the age of majority sasniegušo children, of which the State family benefit is terminated, if the State family benefit is granted for children whose family actually brought up, on the basis of the decision of the family courts (pagastties), as well as on child custody.
7. for children who are general education or vocational training institutions are senior students, the allowance shall be granted to general education or vocational training institutions are graduating on 31 august, but not longer than until the child reaches the age of 20.
II. Benefits and the amount of the premium and its review procedure 8. Benefit for the first child in a family of six Lats per month.
9. the amount of the premium is 50 dollars a month.
10. Benefits and bonuses about a report by the Cabinet of Ministers, on a proposal by the Minister of welfare, according to the State budget.
III. Benefits and premium 11. In order to receive a pension, the claimant or his authorized person in any State social insurance agency chapter: 11.1 11.1.1 writing.: the request for the granting of benefits;
11.1.2 a certificate of general education or vocational training institutions (for each school year), if the child is older than 15 years;
11.2. produce: 11.2.1. identity document;
11.2.2. the child's birth certificate;
11.2.3. proxies, if requested by an authorised person benefits.
12. If the applicant is a guardian of the allowance, in addition to the provisions referred to in paragraph 11 documents presented to the claimant the benefit of the family courts (pagastties) the decision on the establishment of guardianship.
13. If the applicant is a person who actually bringing up the child, in addition to the provisions referred to in paragraph 11 documents presented to the claimant the benefit of the family courts (pagastties), adopted decision of the child's personal interests according to the law "about a fosters and pagastties ' 11. Article 15 point (if the mother and father of the child is not actually brought up).
14. The provisions referred to in point 11.1.2 a certificate the applicant shall benefit, the child reaches 15 years of age, and for each subsequent school year after 1 September.
15. Requests the allowance for handicapped children, in addition to the provisions referred to in paragraph 11 of the documents submitted by the applicant for health benefits and expertise of doctors working State Commission or its departments (General or special profile of health and capacity of the National Commission of physician expertise) opinion on disability determination.
16. The applicant is obliged to submit a timely health and medical expertise of the working public opinion of the Commission or the Department on disability extension, to the payment of the premium is not interrupted.
17. the decision granting the premium benefits and accept the State social insurance agency chapter according to the applicant's declared place of residence.
18. the documents concerning the benefits and premium for State social insurance agency Division appearance within 10 days after the date of filing and shall take a decision on the benefits or granting or refusal to grant benefits or allowances.
19. the national social security agency refused to grant Department of allowance and bonus: 19.1. If the person does not comply with the State social benefits law and benefits laid down in these provisions and the conditions for granting the premium;
19.2. If the applicant does not submit the benefits and does not display the State social insurance agency these provisions in Chapter 11, 12, 13, 14 and 15 with the documents listed. For filing documents and reporting are checked in the application of the person applying for benefits.
20. the decision about benefits or premium or justify the refusal to grant a benefit or supplement the State social insurance agency Division shall notify the claimant of benefit in writing, indicating the opposition or appeal procedure.
IV. Benefits and premiums are paid 21. starting cost of benefits no later than the next calendar month after the date of the award of benefits.
22. State family benefits and allowances to the State family benefit for a disabled child of the State social insurance agency shall be transferred free of charge to the beneficiary's account.
23. This rule 5.2. in the cases referred to in the payment of benefits, if the child stays in the intervals between the State, municipalities or private child care and upbringing institution was earlier dependent for more than a month and is certified by the State, municipalities or private child care and upbringing institution certificate.
24. If the rules referred to in point 11.1.2 a certificate State social insurance agency Division has not been submitted until September 5, payment of the allowance stops by September 1. The allowance is paid with the next calendar month after the date of submission of the certificate. Outstanding amount of benefits due for the above šēj months, plus allowance for the current month.
25. Benefits and premium pay the State end the social benefits Act, in the case referred to in article 20.
26. If a person assigned to it and the benefits of the premium is received by the State social insurance agency, the Department of the amount due, the person is paid without a time limit.
27. the fault of beneficiaries improperly received benefits and premium amount the beneficiary shall repay voluntarily or it is deducted from the national social benefits payable to that person in the coming months, and that are allowed to make deductions.
28. If a person wrongfully received benefits and the amount of the premium not repaid voluntarily or State social benefits is interrupted before the debt is extinguished, the amount recovered, to travel to the Court of Justice.
29. the Benefits and premium pay to end the first date of the month following the month when the circumstances which led to the discontinuing of the allowance and the cost of the premium (except in the case of benefits and premiums at the time of grant already had some benefits and the cost of the premium, the period of suspension).
V. closing question 30. provisions applicable to 1 July 2005.
Prime Minister a. Halloween Welfare Minister, Minister with special responsibility for electronic Government Affairs j. Rare Editorial Note: rules applicable to 1 July 2005.