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Regulation Of The Minister Of Labour And Social Policy Of 3 January 2013 On The Manner And Procedure In Cases Of Family Benefits

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 3 stycznia 2013 r. w sprawie sposobu i trybu postępowania w sprawach o świadczenia rodzinne

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 3 January 2013

on the manner and mode of procedure for family benefits matters

On the basis of art. 23 (1) 5 of the Act of 28 November 2003. on family benefits (Dz. U. 2006 r. Nr 139, pos. 992, with late. 1. 2) ) The following shall be managed:

§ 1. The Regulation shall specify:

1) the manner and mode of proceedings in the matters for the granting of family benefits;

2. Designs:

(a) applications for entitlement to family benefits,

(b) a certificate from the tax office of income subject to personal income tax on the basis of the rules laid down in the Article. 27, 30b, 30c and 30e of the Act of 26 July 1991. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. 1. 3) );

(c) statements on the income of the family, including statements of persons accountable on the basis of the flat-rate income tax provisions on certain revenues obtained by natural persons, and other statements and evidence necessary for the determination of the Entitlement to family benefits,

(d) the intelligence questionnaire referred to in Article 23 (1) 4a of the Act of 28 November 2003. on family benefits, hereinafter referred to as 'the Act'.

§ 2. 1. The model of an application for the establishment of the right to family allowance and allowances for family allowances, hereinafter referred to as the "family allowance application", is set out in Annex No. 1 to the Regulation.

2. The application for family allowance shall be accompanied by the following:

1) a shortened copy of the child's birth certificate or other document stating the age of the child;

2) a disability ruling or a moderate or significant degree of disability-where a child with disabilities is raised in the family;

3) a school certificate or a statement on the child's attendance at the school-where the child has completed the age of 18; the model of the declaration is set out in Annex No. 2 to the Regulation;

4) a higher education certificate or a statement of attendance at a higher education school-in the case of a learner or a person with a moderate or significant degree of disability, if the person learns in a higher school; the model declaration is set out in Annex No 3 to the Regulation;

5) documents stating the amount of the income of the family, including, as appropriate:

(a) an attestation from the tax office or a statement from the members of the family with taxable income under the rules laid down in the Article 27, 30b, 30c and 30e of the Act of 26 July 1991. the personal income tax achieved in the calendar year preceding the reference period; the model certificates and declarations are set out in Annexes Nos 4 and 5 to the Regulation, respectively,

(b) statements from members of the family which are settled on the basis of the flat-rate income tax provisions on certain income accruing by natural persons of income attained in the calendar year preceding the period in force; model the statements are set out in Annex No 6 to the Regulation,

(c) statements by members of the family of income not subject to personal income tax obtained in the calendar year preceding the reference period; the model declaration is set out in Annex No 7 to the Regulation,

(d) the attestation or statements of family members containing information on the amount of the health insurance contributions in the calendar year preceding the allowance period; the model declaration is set out in Annex 8 to the Regulation,

(e) the certificate of the competent authority of the municipality, the payment order or a declaration of the size of the holding expressed in the total area of the total area in the calendar year preceding the reference period; the model declaration is defined in Annex No 9 to the Regulation,

(f) the lease agreement, in the case of devotion of part or all in the possession of the holding family to the lease, on the basis of an agreement concluded in accordance with the provisions on social insurance of farmers or the farm return in the lease in relation to the collection of an annuity as laid down in the provisions on support for rural development from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund,

(g) the contract for the transfer of land contributions, in the case of an agricultural holding to be used by the agricultural production cooperative,

(h) a copy governed by the judgment of the court following the maintenance of the alimony in favour of persons in the family or outside the family or a copy of the minutes of the meeting containing the content of the court settlement, or a copy approved by the court of settlement concluded before the mediator, committing alimony to persons in the family or outside the family,

(i) remittances or money transfers documenting the amount of the alimony paid, if the members of the family are required by a court decision, a judicial settlement or a settlement concluded before the mediator to pay them to the person outside the family,

(j) where the person entitled has not received the alimony or received it at a lower level than that laid down in the judgment of the court, the court settlement or the agreement concluded before the mediator:

-the attestation of the body conducting the enforcement proceedings of the total or partial ineffectiveness of the execution of the alimony, and of the amount of the alimony enforced, or

-the information of the competent court or of the competent institution of the exercise of the exercise of the exercise of the enforcing title abroad or of the failure to take such action, in particular as regards the absence of a legal basis for the exercise of the rights of the competent court or of the to take or not be able to indicate, by the holder of a maintenance debtor's place of residence abroad, if the debtor resides abroad,

(k) a document specifying the date of loss of income and the monthly amount of income foregone

(l) a document setting out the amount of income received by a member of the family and the number of months in which the income has been attained, in the case of income in the calendar year preceding the period of the allowance,

(m) a document setting out the amount of income received by a member of the family from the month following that in which the income was reached, in the case of income after the calendar year preceding the period of the allowance;

6) a copy of the full or reduced acts of death of the parents or a copy subject to the execution of the decision of the court of order for the alimony or a copy of the minutes of the meeting containing the content of the court settlement, or a copy approved by the court of the settlement concluded before a mediator committing to alimony-in the case of a learner;

7) the residence card-in the case of a foreigner residing in the territory of the Republic of Poland on the basis of a permit to settle, a residence permit of a long-term resident of the European Communities, a residence permit for a marked time granted in connection with the circumstance referred to in Article 53 (1) 1 point 13 of the Act of 13 June 2003. o foreigners (Dz. U. of 2011 r. No. 264, pos. 1573 and 2012 items 589 and 769), or in connection with obtaining in the Republic of Poland the status of refugee or subsidiary protection;

8) a copy of the final judgment of the court adjudicating divorce or separation, or a copy of the full or reduced act of death of the spouse or parent of the child-in the case of a single person raising the child;

9) a copy of the full birth certificate of the child-in the case when the father is unknown;

10) a copy of the final decision of the court dismissing the claim for maintenance of the maintenance claim;

11) a court ruling obliging one of the parents to bear the total cost of maintaining the child;

12) a copy of the final decision of the court adjudicating the adoption or attestation of the court or adoption centre of the conduct of the court proceedings in the case of the adoption of the child;

13) judgment of the court of the appointment of a legal guardian of the child;

14) other documents, including statements, necessary for the establishment of the right to family allowance and allowances for family allowances.

§ 3. A person applying for an allowance for a family allowance for childcare during the period of parental leave shall apply for a family allowance, to which he shall be accompanied by:

1) the employer's certificate or statement of the time and period for which the parental leave was granted, and by at least a six-month period of stay in the employment relationship immediately prior to obtaining the right to parental leave; model the statements are set out in Annex 10 to the Regulation;

2) a certificate of the pension authority or a declaration that the claimant is notified to social security-where the person is subject to the obligation of social insurance; the model of the declaration is defined in Annex no 11 to the Regulation;

3) an immigrant monthly report of the insured person confirming the discharge of social security contributions, from the month preceding the month of submission of the application for supplement, in the case of submission of the statement referred to in point 2;

4) attestation of the facility providing 24-hour care, if the child is in it, the number of days a week in which he/she is using the 24-hour care, or a statement of not use for more than 5 days a week from 24-hour care for a child placed in a facility providing round-the-clock care, including at a special school and educational centre; the model declaration is set out in Annex No 12 to the Regulation;

5) other documents, including the statements, necessary to establish the right to the allowance for family allowance for child care during the period of the exercise of parental leave.

§ 4. A person applying for a supplement to a family allowance for the child's education at a school outside the place of residence for a claim for a family allowance shall be accompanied by:

1) the certificate of the school or the statement of the child's attendance to the school outside the place of residence; the model of the declaration is set out in Annex No. 13 to the Regulation;

2) a certificate or a statement confirming the temporary check-in of the student outside the place of residence; the model of the declaration is set out in Annex No. 14 to the Regulation;

3) other documents, including statements, necessary for the establishment of the right to the allowance for family allowance for the child's education at the school outside the place of residence.

§ 5. 1. The model of an application for the determination of the right to one-off oblivion of the birth of a child is set out in Annex No. 15 to the Regulation.

2. The application shall be accompanied by the following:

1) the documents referred to in § 2 (1) 2 points 1, 5, 7, 8, 12 and 13;

2) other documents, including statements, necessary to establish the right to one-time oblivion from the birth of a child.

§ 6. 1. The model of the application for entitlement to the nursing allowance is set out in Annex No. 16 to the Regulation.

2. The application shall be accompanied by the following:

1) the decision on disability or the degree of disability-in the case of other persons other than those mentioned in art. 16 ust. 2 point 3 of the Act;

2) other documents, including statements, necessary to establish the right to the nursing allowance.

§ 7. 1. The model of an application for the establishment of the right to special care allowance is set out in Annex No. 17 to the Regulation.

2. The application shall be accompanied by the following:

1) the documents referred to in § 2 (1) 2 points 5 and 7;

2) a decision on disability or a significant degree of disability;

(3) the certificate or statement referred to in paragraph 3 (4);

4) other documents, including the statements, necessary to establish the right to special care allowance.

§ 8. 1. The model of the application for the establishment of the right to the nursing benefit is set out in Annex No. 18 to the Regulation.

2. The application shall be accompanied by the following:

1) a decision on disability or a significant degree of disability;

(2) the certificate or statement referred to in paragraph 3 (4);

3) other documents, including the statements, necessary for the establishment of the right to the benefit of the nursing care.

§ 9. 1. The model of an application for the establishment of the right to an allowance for the single raising of a child for persons who have received up to 1 May 2004. established on the basis of the Act of 18 July 1974. o Maintenance Fund (Dz. U. of 1991. Nr 45, poz. 200, with late. 1. 4) ) is specified in Annex No 19 to the Regulation.

2. The application shall be accompanied by the following:

1) the attestation of the field organisational unit of the Social Insurance Institution of the payment of the benefit from the maintenance fund;

2) the attestation of the body conducting the enforcement proceedings of the total or partial ineffectiveness of the execution of the alimony ordered by the court's decision;

3) other documents, including the statements, necessary to determine the right to the allowance referred to in the paragraph. 1.

§ 10. The procedure for the granting of family benefits at the request of a person who is not resident shall be initiated by the municipal authority or city competent for the place of its temporary stay. The application shall be accompanied by a document confirming the provisional check-in or confirmation of residence at the place of stay.

§ 11. The application forms and other documents necessary for the determination of the right to family benefits shall be made available to the competent body responsible for the treatment of family benefits.

§ 12. 1. The documents referred to in § 2-10, with the exception of the documents listed in § 2 paragraph. 2 points 3, 4 and 5 (a) a-d i j, § 3 point 4, § 7 ust. 2 points 3 and 8 (8). 2 (2) shall be submitted as copies of those documents.

2. Copies of documents necessary for the granting of family benefits shall authenticate the competent authority conducting the proceedings on family benefits, the notary or the institution which the document issued.

§ 13. 1. Where the competent authority carrying out the proceedings on family benefits is questioned in the case concerning the granted family benefit as to the prevailing circumstances affecting the right to that benefit, it shall notify the a person who receives this benefit immediately, of the need to submit within a prescribed period of not more than 14 days from the date of receipt of the call, the explanations on the case or the provision of the necessary documents.

2. Model of the intelligence questionnaire carried out by the competent authority where, in relation to a person declaring a child to raise a child who has applied for a family benefit, there are doubts as to the circumstances referred to in the art. 3 point 17a of the Act, is set out in Annex No. 20 to the Regulation.

§ 14. 1. In the case where a family member has maintenance obligations to a person outside the family, the amount of the alimony paid to that person shall be deducted from the income of the family member.

2. In the case of determining the income from the agricultural holding, the income of the family shall be determined on the basis of the average number of hectares of conversions held by the family in the calendar year preceding the sow period.

3. In the case when a family member reaches income outside the borders of the Republic of Poland, their conversion shall be made on the basis of the average foreign exchange rate announced by the National Bank of Poland from the last business day of the calendar year, with of which the income of family members is the basis for determining the right to family benefits.

4. In the case where a family member obtains outside the borders of the Republic of Poland the income which he has not attained in the calendar year on which the entitlement to family benefits is established, the conversion of that income shall be made on the basis of the average foreign exchange rate on the last working day of the month following the month in which the income was reached.

§ 15. 1. Where the spouse of a person in receipt of family benefits or of the applicant for family benefits is missing, the person submitting the application for family benefits to the application shall be accompanied by a certificate appropriate to the Police Unit of the Receiving the declaration of disappearance of the spouse and, in the case of foreigners, the competent institution.

2. When determining the income of the family, the income of the missing spouse shall not be taken into account, and the fixing of the income per person in the family shall not be taken into account for that spouse.

§ 16. This Regulation shall enter into force on the day following that of the announcement. 5)

Minister of Labour and Social Policy: W. Kosiniak-Kamysz

1) The Minister of Labour and Social Policy heads the government administration department-the family, pursuant to § 1 paragraph. 2 point 3 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).

2) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. No 222, item. 1630, 2007 No. 64, pos. 427, Nr 105, poz. 720, Nr 109, pos. 747, Nr 192, pos. 1378 and No. 200, pos. 1446, 2008 Nr 70, poz. 416, Nr 138, pos. 872 and 875, No. 223, pos. 1456 and No. 237, pos. 1654, of 2009 Nr 97, pos. 800 and No 219, pos. 1706, 2010 Nr 50, poz. 301, of 2011 No. 106, pos. 622, Nr 149, poz. 887, No. 171, pos. 1016 and No. 205, pos. 1212 and 2012 items 1255 and 1548.

3) Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 362, 596, 769, 1278, 1342, 1448, 1529 and 1540.

4) Amendments to the text of the single law have been announced in the Dz. U. 1997 r. Nr 121, pos. 770, 1998 No. 106, pos. 668, 1999 No. 90, item. 1000, 2001 Nr 154, poz. 1791, 2002 No. 241, item. 2074 and 2003 Nr 83, pos. 759 and No. 228, pos. 2255.

5) This Regulation was preceded by the Regulation of the Minister of Labour and Social Policy of 27 December 2011. on the manner and mode of proceedings in family benefits matters (Dz. U. No 298, pos. 1769), which is repealed with effect from the date of entry into force of this Regulation on the basis of art. 14 of the Act of 7 December 2012. to amend the Act on Family Benefits and certain other laws (Dz. U. Entry 1548).

Annex 1. [ MODEL-APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO FAMILY ALLOWANCE AND ALLOWANCES FOR FAMILY ALLOWANCES]

Annexes to the Regulation of the Minister of Labour and Policy
Social date of 3 January 2013 (pos. 3)

Annex No 1

MODEL - APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO FAMILY ALLOWANCE AND ALLOWANCES FOR FAMILY ALLOWANCES

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Annex 2. [ MODEL-STATEMENT ON CHILD ATTENDANCE AT SCHOOL]

Annex No 2

MODEL - STATEMENT ON CHILD ATTENDANCE AT SCHOOL

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Annex 3. [ MODEL-STATEMENT ON THE ATTENDANCE OF A CHILD TO A HIGHER SCHOOL]

Annex No 3

MODEL - STATEMENT ON THE ATTENDANCE OF A CHILD TO A HIGHER SCHOOL

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Annex 4. [ FORMULA-ATTESTATION FROM THE TAX OFFICE ABOUT THE INCOME OF A MEMBER OF THE FAMILY SUBJECT TO PERSONAL INCOME TAX ON THE BASIS OF ARTICLES 27, 30B, 30C AND 30E OF THE ACT OF 26 JULY 1991. INCOME TAX ON NATURAL PERSONS (DZ. U. 2012 r. Pos. 361, LATE. AMENDMENTS), ACHIEVED IN THE CALENDAR YEAR PRIOR TO THE SOW PERIOD]

Annex No 4

MODEL - CERTIFICATE FROM THE TAX OFFICE OF THE INCOME OF A MEMBER OF THE FAMILY SUBJECT TO PERSONAL INCOME TAX ON THE BASIS OF THE PRINCIPLES LAID DOWN IN ARTICLES 27, 30b, 30c and 30E OF THE LAW OF 26 JULY 1991. INCOME TAX ON NATURAL PERSONS (DZ. U. 2012 r. Pos. 361, LATE. AMENDMENTS), ACHIEVED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD

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Annex 5. [ FORMULA-MEMBER OF THE FAMILY ' STATEMENT OF INCOME SUBJECT TO INCOME TAX ON NATURAL PERSONS UNDER THE CONDITIONS LAID DOWN IN ARTICLES 27, 30b, 30c and 30e OF THE ACT OF 26 JULY 1991. INCOME TAX ON NATURAL PERSONS (DZ. U. 2012 r. Pos. 361, LATE. AMENDMENTS), ACHIEVED IN THE CALENDAR YEAR PRIOR TO THE SOW PERIOD]

Annex No 5

MODEL - STATEMENT OF THE MEMBER OF THE FAMILY OF INCOME LIABLE TO PERSONAL INCOME TAX ON THE BASIS OF ARTICLES 27, 30b, 30c and 30e OF THE ACT OF 26 JULY 1991. INCOME TAX ON NATURAL PERSONS (DZ. U. 2012 r. Pos. 361, LATE. AMENDMENTS), ACHIEVED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD

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Annex 6. [ MODEL-STATEMENT OF THE MEMBER OF THE FAMILY ACCOUNTABLE ON THE BASIS OF THE FLAT-RATE INCOME TAX PROVISIONS ON CERTAIN INCOME OBTAINED BY NATURAL PERSONS OF THE INCOME ACHIEVED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD]

Annex No 6

MODEL - STATEMENT OF A MEMBER OF THE FAMILY ACCOUNTING UNDER THE FLAT-RATE INCOME TAX PROVISIONS ON CERTAIN INCOME OBTAINED BY NATURAL PERSONS OF THE INCOME ACHIEVED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD

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Annex 7. [ MODEL-STATEMENT OF THE MEMBER OF THE FAMILY OF INCOME NOT SUBJECT TO INCOME TAX ON NATURAL PERSONS, ATTAINED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD]

Annex No 7

MODEL - STATEMENT OF THE MEMBER OF THE FAMILY OF INCOME NOT SUBJECT TO INCOME TAX ON NATURAL PERSONS, ATTAINED IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD

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Annex 8. [ FORMULA-STATEMENT OF THE AMOUNT OF THE HEALTH INSURANCE CONTRIBUTIONS IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD]

Annex No 8

MODEL- STATEMENT OF THE AMOUNT OF THE HEALTH INSURANCE CONTRIBUTIONS IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD

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Annex 9. [ MODEL-DECLARATION BY A MEMBER OF THE FAMILY OF THE SIZE OF THE AGRICULTURAL HOLDING EXPRESSED IN THE CONVERSION HECTARES OF THE TOTAL AREA IN THE CALENDAR YEAR PRECEDING THE SOW PERIOD]

Annex No 9

MODEL- DECLARATION BY A MEMBER OF THE FAMILY OF THE SIZE OF THE HOLDING, EXPRESSED IN HECTARES, OF THE CONVERSION OF THE TOTAL AREA IN THE CALENDAR YEAR PRECEDING THE SOW

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Annex 10. [ MODEL-DECLARATION OF TIME AND PERIOD FOR WHICH THE PARENTAL LEAVE HAS BEEN GRANTED, AND BY AT LEAST SIX MONTHS ' DURATION OF THE WORK IMMEDIATELY PRIOR TO THE ENTITLEMENT TO PARENTAL LEAVE]

Annex No 10

MODEL - A DECLARATION OF THE TIME AND PERIOD FOR WHICH THE PARENTAL LEAVE WAS GRANTED AND OF AT LEAST SIX MONTHS ' DURATION OF THE WORK IMMEDIATELY PRIOR TO THE ENTITLEMENT TO PARENTAL LEAVE

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Annex 11. [ MODEL-DECLARATION ON SOCIAL SECURITY NOTIFICATION]

Annex No 11

MODEL - STATEMENT OF SOCIAL SECURITY NOTIFICATION

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Annex 12. [ MODEL-DECLARATION OF NOT USE FOR MORE THAN 5 DAYS A WEEK WITH 24-HOUR CARE FOR A CHILD PLACED IN A FACILITY PROVIDING 24-HOUR CARE, INCLUDING IN A SPECIAL EDUCATION AND EDUCATIONAL CENTRE]

Annex No 12

MODEL - A STATEMENT NOT TO BE USED FOR MORE THAN 5 DAYS A WEEK WITH 24-HOUR CARE FOR A CHILD PLACED IN A FACILITY PROVIDING 24-HOUR CARE, INCLUDING AT A SPECIAL EDUCATION AND EDUCATIONAL CENTRE

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Annex 13. [ MODEL-DECLARATION OF CHILD ATTENDANCE AT SCHOOL OUTSIDE THE PLACE OF RESIDENCE]

Annex No 13

MODEL - STATEMENT ON THE ATTENDANCE OF A CHILD TO A SCHOOL OUTSIDE THE PLACE OF RESIDENCE

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Annex 14. [ MODEL-STATEMENT CONFIRMING THE TEMPORARY CHECK-IN OF A STUDENT OUTSIDE THE PLACE OF RESIDENCE]

Annex No 14

MODEL - DECLARATION CONFIRMING THE TEMPORARY CHECK-IN OF THE PUPIL OUTSIDE THE PLACE OF RESIDENCE

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Annex 15. [ MODEL-APPLICATION FOR THE FIXING OF THE RIGHT TO A ONE-TIME FORGOTTEN CHILD ' S BIRTH CERTIFICATE]

Annex No 15

MODEL - APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO A ONE-TIME FORGOTTEN CHILD ' S BIRTH CERTIFICATE

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Annex 16. [ MODEL-APPLICATION FOR ENTITLEMENT TO THE NURSING ALLOWANCE]

Annex No 16

MODEL - APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO A CARE ALLOWANCE

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Annex 17. [ MODEL-APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO SPECIAL CARE ALLOWANCE]

Annex No 17

MODEL - APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO SPECIAL CARE ALLOWANCE

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Annex 18. [ MODEL-APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO PROVIDE NURSING CARE]

Annex No 18

MODEL - APPLICATION FOR THE ESTABLISHMENT OF THE RIGHT TO A NURSING BENEFIT

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Annex 19. [ MODEL-APPLICATION FOR THE FIXING OF THE ENTITLEMENT TO AN ALLOWANCE FOR THE SINGLE RAISING OF A CHILD FOR PERSONS WHO HAVE RECEIVED, BY 1 MAY 2004, A BENEFIT ESTABLISHED BY THE LAW OF 18 JULY 1974 ON A MAINTENANCE FUND (OJ 1974 L 31, p. 1). U. 1991 r. NO 45, POS. 200, WITH LATE. ZM.)]

Annex No 19

MODEL - A REQUEST FOR ENTITLEMENT TO AN ALLOWANCE FOR THE SINGLE RAISING OF A CHILD FOR PERSONS WHO HAD RECEIVED, BY 1 MAY 2004, A BENEFIT ESTABLISHED BY THE LAW OF 18 JULY 1974 ON A MAINTENANCE FUND (DZ). U. 1991 r. NO 45, POS. 200, WITH LATE. ZM.)

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Annex 20. [ MODEL-INTELLIGENCE QUESTIONNAIRE]

Annex No 20

MODEL - INTERVIEW QUESTIONNAIRE

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