Law No. 67 Of 24 June 1995 On Income Support

Original Language Title:  LEGE nr. 67 din 24 iunie 1995 privind ajutorul social

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LAW No. 67 of 24 June 1995 concerning income support ISSUING ROMANIAN PARLIAMENT Published in MONITORUL OFICIAL NR. 131 of 29 June 1995, the Parliament of Romania adopts this law.


Chapter 1 using social section 1 General provisions Article 1 (1), Families and single people, without income or with low income, receive social assistance as a form of social protection.
  

(2) establishment of social aid is based on the principle of social solidarity.
  


Article 2 (1) for the purposes of this law, the term designates the husband's family, his wife and their minor children residing: are part of the family and unmarried children, residing together with the parents and the courses in educational institutions which operate according to the law, until their completion, but not to exceed 25 years of age, respectively 26 years if those who follow higher education with a length of schooling more than 5 years.
  

(2) the term designates an unmarried person family who reside with the child.
  

(3) the term children means children of marriage the spouses, children of one of the spouses, children and adopted children of the adoptable pets, according to the law of one or both spouses.
  

(4) may qualify for social aid governed by this law and families or single people, citizens of other States or stateless persons residing in Romania, according to the Romanian legislation.
  


Section 2 Establishment of entitlement to social benefits and payment thereof in article 3 (1) shall be granted social assistance to families with net monthly salaries up to: a) 81,000 lei for families consisting of 2 persons;
  

b 113,000 lei for families) consisting of 3 persons;
  

c 142,000 for families) consisting of 4 persons;
  

d) lei to 169,000 families consisting of 5 persons;
  

e) 25,000 lei for each and every other person who belongs to the family under the present law.
  

(2) income support shall be granted to single persons and whose net monthly salaries are below the MDL 45,000.
  

(3) net revenues on a monthly basis under paragraph 1. (1) and (2) shall be increased by 5,000 lei for each Member of the family who provides evidence that he is working on the basis of an individual contract of employment, a civil Convention or as income from activities carried out on its own.
  


Article 4 (1) the amount of aid shall be established as a social difference between the amounts referred to in article 1. 3 and net monthly income of the family in question.
  

(2) if the calculation results in a social assistance less than 5,000 lei, 5,000 lei is granted.
  


Article 5 (1) persons fit for work who are not employed and not realize income from other activities, shall be considered as members of the family to determine the level of family income only if they prove that they have submitted to the Employment Office for employment and not refused a job, as well as being followed or attended the qualifiers were recommended or which have been entered.
  

(2) is under no obligation to make the proof referred to in paragraph 1. (1) any person who: (a)) has the care, according to the law, one or more children aged up to 7 years;
  

person b) forms of education, provided by law, up to the fulfillment of the age of 25 years, respectively, 26 years;
  

c) a person who satisfies the conditions laid down by law to retire upon request.
  


Article 6 (1) in determining the net monthly income of the family is taken into account for all the revenue that its members carried out, including those arising from legal claims or in the civil maintenance agreements that are in execution, as well as aid and allowances granted on a permanent basis, according to the law, with the exception of merit scholarships for pupils and students and to the aid to be granted to spouses of those who meet the mandatory military service.
  

(2) if the family owns land, buildings, housing spaces or other goods, movable or immovable, in determining the net monthly income of the family is taken into account rent, rents, other fruits, industrial or civil, they, as well as income that may be obtained from the sale of the goods in question, provided housing and property preservation needed for family needs.
  


Article 7 (1) shall be established using social-based application, accompanied by the supporting documents to the fulfilment of the conditions laid down in this law.
  

(2) the lack of or, where appropriate, the existence of any other income than those which can be proven with documents stated in the statutory declaration of the person asking for help.
  

(3) an application referred to in paragraph 1. (1) can only be reached by one of their family members, capable of exercise of civil rights. In cases stipulated by law, the request may be made by the trustee or guardian of the person entitled.
  

(4) the holder of the social aid is the person who made the request, and the beneficiary of the aid is the family.
  


Article 8 (1) the application for social aid, the statement of income of family members, as well as other supporting documents shall be filed and recorded in the Mayor of in whose territorial RADIUS holder is domiciled.
  

(2) in the case of foreign citizens or stateless persons, documents referred to in paragraph 1. (1) shall be submitted to the Mayor of the municipality in whose territory they reside.
  


Article 9 (1) the application for the grant of aid are resolves within 30 days of registration.
  

(2) in order to solve the demand for social welfare, the Mayor may order carrying out the investigation.
  


Article 10 (1) the establishment and payment of the aid are made by the Mayor's disposal on the basis of the documentation submitted by the specialized public services. The disposal of the mayor shall be communicated to the holder of the social aid within 15 days after it is issued.
  

(2) payment shall be made social as of the month following that in which the application was registered at the Mayor.
  


Article 11 (1), upon request or ex officio, the holder of the social aid is made available through the Mayor and shall be communicated to the new holder of the social aid, as well as the one being replaced.
  

(2) if the change of the owner is required by family members, the Mayor and shall be communicated to them.
  


Section 3 of article 3 beneficiaries ' obligations (1) the holder of the social aid is required to notify, in writing, of any change in Mayor occurred in respect of the revenue and the number of family members within 30 days.
  

(2) where any changes do not result in increases or decreases social aid of more than 5,000 lei on family, social aid established above shall maintain for a period of not more than 3 months.
  


Article 13 (1) able-bodied Persons, beneficiaries of the welfare law, referred to in art. 5 para. (1) have the obligation to prove with documents, every 3 months, as have applied to employment offices divided into work or unreasonably refused to give effect to be taxed for any job offer.
  

(2) failure to comply with the obligations laid down in paragraph 1. (1) draw, where appropriate: (a) suspension of social aid payment) in the case of the beneficiary;
  

b income ceiling) alter, amend the amount of social aid, respectively, to the exclusion of the members of the family of persons who do not fulfil the obligations referred to in paragraph 1. (1) and (3) the suspension of the payment of the aid and, where appropriate, to amend the ceiling of income shall be made by the Mayor and shall be communicated to the holder within 15 days.
  

(4) the suspension of the payment of the aid or the modification of the income ceiling is done starting with the second month of the quarter in which the obligations have not been met. 13(2). 1. In article 14 the holder of evidence of social aid as referred to in art. 13(2). (1) within 3 months from the date of actual payment suspension or modification of the ceiling, has the effect of suspending the payment of termination rights and, where appropriate, recalculate the income ceiling. The holder of the social aid will get the rights attaching to the period for which payment has been suspended or amended.


Article 15 social aid Payment ceases in the following circumstances: (a)) where the social aid beneficiaries no longer satisfies the conditions laid down by law;
  

b) where payment has been suspended by law and within 3 months from the date of suspension of payment were not submitted evidence that the requirements are met. 13(2). (1) article 16 (1) Cessation of payment or, where appropriate, amend the amount of social aid is fixed by the disposal of the Mayor.
  

(2) the provisions referred to in the preceding paragraph shall take effect from the date of the first of the month following filing for modification of social aid or issue of the provision if the modification has been carried out on the initiative of the Mayor.
  


Article 17 (1) undue amounts received by way of social assistance to recover from the beneficiary not later than 3 years after the payment.
  

(2) where, cannot recover all or part of the sums wrongly paid under that title will be recovered, under the labour code, persons of payment, for a period not exceeding 3 years.
  

(3) recovery of sums paid by way of social assistance is made available through the Mayor's Office, which shall be communicated to the Commission within 15 days.
  

(4) the provision of recovery shall be enforceable from the moment of notification.
  


(5) amounts received as a result of undue having committed a crime shall be recovered in full from its authors, according to the law.
  


Chapter 2 the aid to be granted to spouses of those who meet the mandatory military service and birth indemnity article 18 (1) of the wives of those who meet the mandatory military service, which carries out income lower than minimum wage per country, minus the tax benefits, upon request, assistance every month, if they are found in one of the following situations: a) are pregnant, beginning with the fourth month of pregnancy;
  

b) have children aged up to 7 years;
  

c) are classified in grade I or II invalidity.
  

(2) the establishment and payment of the aid for the social partners to those who meet the mandatory military service shall be made by the county or military sectors of Bucharest.
  

(3) the amount of aid is 10,800 lei monthly, and its grant does not affect payment of social aid established under this law.
  


Article 19 (1) beginning with the second birth, mothers are entitled to an allowance in the amount of 100,000 lei for each child born.
  

(2) payment of compensation shall be fixed by the birth of the Mayor of disposal in whose territory the person entitled is domiciled.
  


Article 20 the funds necessary for the payment of aid to those wives who meet the mandatory military service shall incur from the State budget, and the allowances are paid from birth to local budgets, from amounts broken down with this destination in the State budget.


Chapter 3 final provisions Article 21 required paying the aid Funds social supports from local budgets of administrative-territorial units, of own revenue and amounts broken down with this destination in the State budget.


Article 22 the Government and municipalities may grant emergency aid, within the limits of existing funds, families or persons who find themselves in situations of necessity due to fire, natural disasters, accidents or other causes thoroughly justified.


Article 23 (1) to establish the necessary sources to cover the right of social assistance provided by present law, in 1995, it establishes the border crossing fee for Romanian citizens who travel abroad for touristic purposes or personal use.
  

(2) the fee referred to in paragraph 1. (1) shall be set at the level of 15,000 lei for each output in the country, and 5,000 lei in the case of the small cross-border traffic.
  


Article 24 shall be exempt from payment of the fee provided for in art. 23: the beneficiaries of the aid) persons socially established by this law;
  

b) pupils and students studying abroad, for trips made on this occasion;
  

c) patients who travel in order to benefit from medical treatment, as well as the companions which they are entitled according to the law;
  

d) surviving spouse, as well as their relatives up to the fourth degree inclusive, of the deceased overseas, for the purpose of the trip made on the occasion of his death.
  


Article 25 (1) Grants and allowances referred to in this law shall not be subject to taxation.
  

(2) in determining the rights and obligations provided for by the legal norms in force, shall not be taken into account for income support, except for the legal obligation of maintenance.
  


Article 26 Grants and allowances referred to in this law may be enforced only after the forced recovery of sums wrongly paid for with this title, as well as for payment of legal obligations.


Article 27 (1) the provision relating to the granting, refusal of Mayor, amendment, suspension, termination of entitlement to income support, change of the owner thereof, and the recovery of amounts receivable undue can attack on the path of administrative courts.
  

(2) applications, actions and remedies concerning the rights referred to in this law shall be exempt from stamp duty.
  


Article 28 Limits revenue and level of rights provided for in this law shall be indicators of the Government's decision.


Article 29 Municipalities will communicate, each month, the number of beneficiaries and expenditure incurred, the County directorates of labour and social protection and the Directorate General for employment and social protection Bucharest.


Article 30 County Departments of job and social protection and the Directorate General for employment and social protection Bucharest to check the violation of this law. The results of the verification shall be notified to the prefect.


Article 31 (1) detailed rules for the application of this Act and the procedures for payment of covered shall be determined by decision of the Government.
  

(2) administrative expenditure necessary for the implementation of this law shall be included in the State budget, local budgets respectively.
  


Article 32 (1) this Act shall come into force as from the date of the first of the month following the fulfillment of the deadline of 30 days from its publication in the Official Gazette of Romania.
  

(2) the date of entry into force of the present law shall repeal: art. 18-27 of Decree No. 410/1985 on the allowance and the allowance for children, aid shall be granted to mothers with many children and spouses of conscripts and birth allowance; art. 12(3). 2(a) a) of H.C.M. nr. 454/1957 concerning the assistance of retired elderly people and nepensionari, as amended by art. VII of the Decree-Law nr. 70/90 concerning the modification and completion of some regulations relating to pensions, social security and social ocrotiri.
  

This law was adopted by the Chamber of deputies at its meeting on 23 May 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT JOHN GACHUIRI this law was adopted by the Senate at its meeting of 25 May 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania, the PRESIDENT of the SENATE, Prof. Dr. OLIVIU GHERMAN — — — — — — — — — — — — — — — — — —