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Law No. 61 Of 22 September 1993 Concerning State Allowance For Children

Original Language Title: LEGE nr. 61 din 22 septembrie 1993 privind alocaĊ£ia de stat pentru copii

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LEGE no. 61 61 of 22 September 1993 (** republished) (* updated *) on state child benefit *) ((updated on 5 June 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. XI of Government Emergency Ordinance no. 124/2011 for the modification and completion of some normative acts governing the granting of social assistance benefits, published in the Official Gazette of Romania, Part I, no. 938 of 30 December 2011, approved with amendments and additions by Law no. 166/2012 , published in the Official Gazette of Romania, Part I, no. 699 of 11 October 2012, giving the texts a new numbering. Law no. 61/1993 was also republished in the Official Gazette of Romania, Part I, no. 300 of 7 May 2009. on the State allowance for children + Article 1 (1) The state allowance for children is established as a form of protection of the state granted to all children, without discrimination. (2) Benefit from the state allowance for children all children up to 18 years of age. (3) The state allowance for children is also granted to young people who have reached the age of 18, who attend the high school or vocational education, organized under the law, until their termination. (4) Young people referred to in par. (3) which repeats the school year does not benefit from the state allowance, except for those who repeat for health reasons, proven with medical certificate. + Article 2 It benefits from state allowance for children and children of foreign citizens and people without resident citizenship, under the law, in Romania, if they live with their parents. + Article 3 (. The amount of the State allowance for children shall be determined in relation to the reference social indicator, hereinafter referred to as the ISR, as follows: a) 0.4 ISR for children up to 2 years of age (or up to 3 years, in the case of the disabled child); b) 0,168 ISR for children aged between 2 years and 18 years, as well as for young people referred to in art. 1 1 para. ((3); ---------- Lit. b) a par. ((1) of art. 3 3 has been amended by section 4.2 1 1 of art. unique from LAW no. 125 125 of 2 June 2015 , published in MONITORUL OFFICIAL no. 383 of 2 June 2015, which introduces a new article to EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. c) 0.4 ISR for children aged 3 years to 18 years, in the case of children with disabilities, according to the provisions art. 58 58 para. ((1) of Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, as amended and supplemented. ---------- Lit. c) a par. ((1) of art. 3 3 has been amended by section 4.2 1 1 of art. unique from LAW no. 125 125 of 2 June 2015 , published in MONITORUL OFFICIAL no. 383 of 2 June 2015, which introduces a new article to EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (2) Titular of the right to the state child benefit is the child. (3) The state allowance for children provided in par. ((1) lit. a) is cumulated with the monthly allowance, the monthly incentive or the insertion incentive, provided by Government Emergency Ordinance no. 148/2005 on family support in order to increase the child, approved with amendments and additions by Law no. 7/2007 , with subsequent amendments and completions, respectively Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved with amendments by Law no. 132/2011 , with subsequent amendments and completions. + Article 4 (1) The state allowance for children shall be paid to one of the parents on the basis of their agreement or, in case of misunderstanding, on the basis of the decision of the guardianship authority or of the court decision, the parent to whom the child was entrusted for growth and Education. (2) The state allowance for children shall also be paid to the guardian, the curator, the person to whom the child was given in foster care, including the maternal assistant or the person to whom the child was entrusted for adoption, under the law. ((3) For the children for whom the special protection measure provided for in art. 58 58 para. ((1) lit. c) of Law no. 272/2004 on the protection and promotion of the rights of the child, as amended, the state allowance for children shall be paid only on a personal account, in the amounts provided in art. 3. (4) After the age of 14 years, the payment of the state allowance for children can be made directly to the holder, with the consent of his legal representative. (5) For young people referred to in art. 1 1 para. (3), the payment of the state allowance is made directly to them, on the basis of request. The payment procedure is determined by the methodological norms for the application of this law *). Note
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* *) See footnote from art. 11.
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(6) State allowance for children referred to in par. (3) shall be transferred to the personal accounts opened for them by the head of the general direction of social assistance and child protection under the county council, respectively subordinated to the local councils of the sectors the city of Bucharest, hereinafter referred to as general direction, including for the children entrusted to the private body accredited and licensed under the law. The amounts as a state allowance for children shall be capitalized until their fulfilment of the age of 14. After the holder's fulfillment of the age of 14 years the state allowance can be paid directly to him, with the consent of the head of the general direction, or, depending on his option, can be further capitalized on the personal account of until reaching the age of 18. (7) The state allowance paid under the conditions provided in par. (6) shall be granted to the holder on his 18th birthday. (8) In the case of the death of the child provided (3) amounts as state allowance paid according to par. (6) are made income to the state budget. (9) If for the child provided in par. (3) the special protection measure provided for in art. 58 58 para. ((1) lit. c) of Law no. 272/2004 , as amended, ceases or changes, the state allowance will be granted according to the situation of the child. (10) If the children referred to in par. (9) are in the maintenance of the family or, as the case may be, the alternative measure of the guardianship or the measure of special protection of the placement to a family, person or maternal assistant was established, the amount by way of state allowance capitalized under the conditions para. (6) may be used by the legal representative of the child in his/her interest, by the decision of the child protection commission. (11) After fulfillment by the children referred to in par. (3) of the age of 18, they benefit from the state allowance for children under the same conditions as the young people referred to in art. 1 1 para. ((3).
+ Article 5 (1) Monthly, the civil status services of the local, city, municipal and municipal councils of the city of Bucharest communicate to the agency for payments and social inspection of the county, respectively of the city of Bucharest, named in continued territorial agencies, the situation regarding children who died. (2) For young people referred to in art. 1 1 para. (3) the county school inspectorate, respectively of the city of Bucharest, hereinafter referred to as the school inspectorate, shall transmit to the territorial agencies until October 1 of each year the centralizing situation regarding the students enrolled in the school year. The situation will also include students enrolled in accredited private educational establishments or authorized under the law. (3) During the school year, the school inspectorates transmit monthly to the territorial agencies the situation regarding young people who have reached the age of 18 and who no longer attend the high school or vocational education organized under the law. (4) For young persons enrolled in educational establishments subordinated to other central specialized public administration authorities, these educational establishments have the obligation to transmit to the territorial agencies the situations provided in par. ((2) and (3). + Article 6 (1) The establishment of the right of state allowance for children shall be made on the basis of the application and the acts resulting in the fulfilment of the conditions for granting this right. (2) The application is made, on behalf of the child, by the persons provided in art. 4 4 para. ((1)-(3). (3) After the age of 14, the request can also be made by the child, with the consent of his legal representative. (4) The right to the state allowance for children shall be established from the month following that in which the child was born, and the payment of the rights shall be made from the month following the application. (5) If the application is registered after the month in which the child was born, the payment of the state allowance for children can also be made for previous periods, but not more than 12 months. ((6) The right to the state allowance for children shall cease from the month following that in which the conditions for granting are no longer met. (7) If the payment of the state allowance rights for children is made by postal order, its payment shall be suspended if for 3 months the legal representative of the child has not collected the rights as a state allowance. The resumption in payment, including with the payment of outstanding rights, is made on the basis of written request drawn up by the legal representative of the child, who is registered with the territorial agency + Article 7 (1) Persons who are made payment of the state child benefit are required to communicate any change in the composition of the family or domicile/residence that may cause an end or amendment to the granting of the allowance rights state for children, no later than 15 days after its occurrence, including the situation in which Romanian citizens establish their residency in another country together with their children. (2) The amounts paid uncuincome by way of state allowance for children shall be recovered on the basis of the decision issued by the legal person who made the payment of the state allowance for the children or by the written payment commitment of the person who collected them in Unwelcome way. (3) The decision to recover the amounts collected unearned shall be communicated to the one obliged to pay within 15 days of the issue. (4) The recovery decision and the payment commitment shall constitute enforceable title from the date of the communication, i.e. from the date of signature. + Article 8 The state allowance for children is not taxable and can only be pursued in order to recover the amounts paid unearned with this title. + Article 9 The appeals against the establishment and payment of the state child benefit shall be settled according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. + Article 10 (1) The funds for the payment of the state allowance for children, as well as for the expenses of administration and transmission of rights shall be ensured from the state budget, through the budget of the Ministry of Labor, Family and Social Protection. (2) The payment of the state allowance for children is carried out by postal order, personal current account or card account. (3) In case of payment of the state allowance rights in the personal current account or card account, the territorial agencies shall make the payment through the bank units, on a borderou basis, with the payment of a bank fee. (4) The banking commission referred to in par. ((3) may not be more than 0,1% of the rights paid and will be established by negotiation, at territorial level, between territorial agencies and banking units. + Article 11 In the application of this law, as well as for the regulation of the ways of establishment and payment of rights, methodological norms are issued, which are approved by Government decision *). Note
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* *) See Government Decision no. 577/2008 for the approval of the methodological norms for the application of Law no. 61/1993 on the state allowance for children, as well as for the regulation of the ways of establishing and paying the state child benefit, published in the Official Gazette of Romania, Part I, no. 442 442 of 12 June 2008.
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+ Article 12 (1) This law shall enter into force on the 1st of the month following that in which it is published in the Official Gazette of Romania, Part I* *). Note
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** **) Law no. 61/1993 was published in the Official Gazette of Romania, Part I, no. 233 233 of 28 September 1993.
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(2) On the date of entry into force of this Law, art. 1-17 1-17, art. 28 28-30 and Annex of Decree no. 410/1985 ***) on the state allowance and the allowance for children, the aid granted to mothers with several children and wives of military in the term, as well as the birth allowance, with subsequent amendments and completions, as well as any other Contrary provisions. Note
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*** ***) Decree no. 410/1985 on the state allowance and the allowance for children, the aid granted to mothers with several children and wives of military in the term, as well as the birth allowance, published in the Official Bulletin no. 76 of 26 December 1985, was repealed by Law no. 7/1998 on the declaration as abrogated of some normative acts, published in the Official Gazette of Romania, Part I, no. 9 9 of 13 January 1998.
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