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

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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070405/lege-nr.-61-din-22-septembrie-1993-privind-alocaia-de-stat-pentru-copii.html

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Law No. 61 of 22 September 1993 (* republished *) (* updated *) State allowance for children *) (updated on 5 June 2015) ISSUER-PARLIAMENT-------*) Republished pursuant to art. The Government Emergency Ordinance nr. 124/2011 for the modification and completion of some legal acts governing the granting of social assistance benefits, as published in the Official Gazette of Romania, part I, no. 938 of 30 December 2011, approved with amendments and completions by law No. 166/2012, published in the Official Gazette of Romania, part I, no. 699 of 11 October 2012, posing a new texts.
Law No. 61/1993 was also republished in the Official Gazette of Romania, part I, no. 300 of 7 May 2009. State allowance for children in article 1 (1) shall establish the State allowance for children as a form of protection granted to the State to all children without discrimination.
  

(2) the State shall receive the allowance for children all children aged up to 18 years.
  

(3) allowance for children and young people shall be granted, who have reached the age of 18 who attended secondary or vocational education, organized according to the law, until their completion.
  

(4) young people referred to in paragraph 1. (3) repeat the school year do not receive State allowance, except that repeats for health reasons, proven with medical certificate.
  


Article 2 shall be granted by the State allowance for children and the children of foreign citizens and stateless persons residing in Romania, in accordance with the law, if they live together with their parents.


Article 3 (1) the amount of the allowance for children is established in relation to the reference social indicator, referred to as ISR, as follows: a) 0.4 ISR for children up to 2 years (or up to 3 years if disabled child);
  

b) for children with 0.168 ISR ages 2 years and 18 years, and for the young people referred to in art. 1 (1). (3);
  

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Lit. b) of paragraph 2. (1) of article 1. 3 was amended by section 1 of article. in accordance with law No. 125 of 2 June 2015, published in MONITORUL OFICIAL nr. 383 of 2 June 2015, which introduces a new article the EMERGENCY ORDINANCE nr. 65 of 15 October 1986, published in MONITORUL OFICIAL nr. 760 of 20 October 2014.

c) for children with 0.4 ISR ages 3 years to 18 years, in the case of children with disabilities, in accordance with the provisions of art. 58 para. (1) of law No. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and additions.
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Lit. c) of paragraph 2. (1) of article 1. 3 was amended by section 1 of article. in accordance with law No. 125 of 2 June 2015, published in MONITORUL OFICIAL nr. 383 of 2 June 2015, which introduces a new article the EMERGENCY ORDINANCE nr. 65 of 15 October 1986, published in MONITORUL OFICIAL nr. 760 of 20 October 2014.

(2) the holder of the right to the allowance for children is the child.
  

(3) allowance for children mentioned in paragraph 1. (1) (a). be cumulated with the indemnity) monthly, or monthly incentive incentive insertion under Government Emergency Ordinance nr. 148/2005 on family support in order to increase the child, approved with amendments and completions by law No. August 7, 2007, with subsequent amendments and additions, i.e. Government Emergency Ordinance nr. 111/2010 monthly allowance and leave for raising children, as amended by law No. 132/2011, with subsequent amendments and additions.
  


Article 4 (1) allowance for children is paid to one of the parents on the basis of their agreement, or, in case of disagreement, on the basis of the decision of the guardianship judgment, father to whom he entrusted the child towards growth and education.
  

(2) State Allowance for children is charged and guardian, trustee, the person to whom it was given to the foster child, including maternal Assistant or the person to whom the child has been entrusted for the purpose of adoption under the law.
  

(3) For children for whom it is established that the measure of special protection under article 9. 58 para. (1) (a). c) of law No. 272/2004 on the protection and promotion of children's rights, with subsequent amendments, the State allowance for children is charged only in the personal account, the amounts provided for in article 10. 3. (4) after the age of 14 years, payment of the 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). (3) payment of the allowance by the State directly to them on demand. The procedure for payment shall be established through detailed rules for the application of this law).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see footnote to article 1. 11. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) allowance for children referred to in paragraph 1. (3) it turns personal accounts opened for them by the head of the General Directorate of social assistance and child protection under the County Council, local councils controlled sectors of Bucharest, the Directorate General for children, including entrust private body accredited and licensed in accordance with the law. Sums by way of allowance for children is capitalized until the fulfillment by them of the age of 14 years. After fulfillment of the holder of 14 year old age allowance may be paid directly to the State with the consent of the general direction of the driver, or, depending on the latter's option, may be capitalized in the personal account thereof until the age of 18.
  

(7) State Allowance paid under the conditions laid down in paragraph 1. (6) entitles the holder to the fulfillment of the age of 18.
  

(8) in the event of the death of the child referred to in paragraph 1. (3) moneys by way of allowance paid by the State under paragraph 1. (6) shall be made to the State budget income.
  

(9) in the case referred to in paragraph 1 for the child. (3) the measure of special protection under article 9. 58 para. (1) (a). c) of law No. 272/2004, with subsequent amendments, shall cease or change, the State allowance will be paid according to the situation in which the child is placed.
  

(10) where the children referred to in paragraph 1. (9) are dependent on family or, where applicable, the measure was instituted alternative protective guardianship times special measure of placement in a family, the maternal Assistant or person, the amount of the pecuniary allowance State capitalized on the conditions of paragraph 1. (6) may be used by the legal representative of the child in the interest of the latter, by the decision of the Commission for child protection.
  

(11) After the fulfillment of the children referred to in paragraph 1. (3) the age of 18 years, they shall receive State allowance for children under the same conditions as the young people referred to in article. 1 (1). (3) Article 5 (1) on a monthly basis, the services of civil status of local councils, city, and municipal sectors of Bucharest shall notify the Agency for payments and social inspection, respectively the District of Bucharest, hereinafter referred to as the territorial agencies, the situation regarding children who have died.
  

(2) For young people referred to in art. 1 (1). (3) the County School Inspectorate of Bucharest city, respectively, hereinafter referred to as the School Inspectorate, territorial agencies no later than 1 October each year the situation relating to students enrolled in centralizing school year. The situation will include students enrolled in accredited private education establishments approved in accordance with the law times.
  

(3) during the school year, the school inspectorates shall transmit to the territorial agencies regarding the situation of young people who have reached the age of 18 years and no longer attended upper secondary or vocational education are organised in accordance with the law.
  

(4) For young people enrolled in educational units under other authorities of central public administration, these teaching units are required to transmit to the territorial agencies the situations referred to in paragraph 1. (2) and (3).
  


Article 6 (1) establishing the right of the State allowance for children is based on the application and documents resulting from the fulfillment of conditions for the granting of this right.
  

(2) the request is made on behalf of the child, by the persons referred to in art. "". (1) to (3).
  

(3) after the age of 14 years, the request may be made by the child with the consent of his legal representative.
  

(4) the right to the allowance for children is established as of the month following the month in which the child was born, and duties is made as of the month following the submission of the application.
  

(5) where the application is subsequently registered the month in which the child was born, the payment of the allowance for children can be made and for previous periods, but not more than 12 months.
  

(6) the right to the allowance for children shall cease as of the month following the month during which the conditions are no longer fulfilled.
  

(7) where the payment of dues for the children's allowance should be made by money order, payment thereof shall be suspended if during 3 months of the child's legal representative has not received the rights of non-pecuniary allowance. Resumption of the payment, including payment of arrears, shall be made on the basis of a written request issued by the legal representative of the child , which is recorded at the territorial agency.
  


Article 7


(1) persons who are entitled to payment by the State for children are obliged to communicate any changes with regard to the composition of the family or of domicile/residence which may result in the termination or modification of the granting of rights to the State allowance for children, no later than 15 days after its appearance, including a situation in which Romanian citizens establish residence in another country along with their children.
  

(2) the sums wrongly paid by way of allowance for children shall be recovered on the basis of a decision issued by a legal entity making the payment of the allowance for children or through the commitment of paying the person who cashed them unduly.
  

(3) the decision shall recover the amounts unduly received shall be communicated to the one bound to the payment within 15 days after it is issued.
  

(4) decision and commitment payment shall be enforceable from the date of service, i.e. at the time of signing.
  


Article 8 the State Allowance for children is not taxable and cannot be compelled to recover than amounts wrongly paid under that title.


Article 9 Objections raised against the mode of determining and paying the State allowance for children according to the law on administrative courts decide No. 554/2004, as amended and supplemented.


Article 10 (1) the funds for the payment of the allowance for children as well as for the management and transmission of rights shall be ensured from the State budget through the budget of the Ministry of labour, family and social protection.
  

(2) the payment of the allowance for children is carried out by money order, personal current account or card account.
  

(3) in the case of the rights of the State allowance into personal current account or card account, payment through territorial banking units, pay slip, an interchange fee.
  

(4) the fee referred to in paragraph 1. banking (3) may not be more than 0.1% of receipted and rights will be settled through negotiation, at territorial level, between agencies and banking units.
  


Article 11 pursuant to this law, as well as to regulate procedures for establishment and payment of duties are issued detailed rules, which are approved by decision of the Government).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Judgment No. 577/2008 approving the methodological Norms for the application of the provisions of law No. 61/1993 on the State allowance for children, as well as to regulate procedures for establishment and payment of the allowance for children, published in the Official Gazette of Romania, part I, no. 442 of 12 June 2008.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 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 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 61/1993 was published in the Official Gazette of Romania, part I, no. 233 of 28 September 1993.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) from the date of entry into force of this law shall be repealed art. 1-17, art. 28-30 and annex of Decree nr. 410/1985 *) State allowance and the allowance for children, aid shall be granted to mothers with many children and wives of conscripts, and birth allowance, as amended and supplemented, as well as any other provisions to the contrary.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Decree No. 410/1985 on the allowance and the allowance for children, aid shall be granted to mothers with many children and wives of conscripts, and birth allowance, published in Official Gazette No. 76 of 26 December 1985 was repealed by law No. 7/1998 declaring that repealed some normative acts published in the Official Gazette of Romania, part I, no. 9 of 13 January 1998.

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