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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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LEGE No. 67 of 24 June 1995 on social assistance
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR NO. 131 of 29 June 1995



The Romanian Parliament adopts this law + Chapter 1 Social aid + Section 1 General provisions + Article 1 (1) Families, as well as single persons, without income or low income, receive social assistance as a form of social protection. ((. The establishment of social assistance shall be based on the principle of social solidarity. + Article 2 (1) For the purposes of this law, the term family designates their spouse, wife and minor children who have their common domicile: they are part of the family and unmarried children, who have their common residence with their parents and who attend daily classes, in institutions of education that operates according to the law, until their termination, but without exceeding the age of 25 years and 26 years respectively in the case of those who follow higher education, with a tuition duration of more than 5 years. (2) The term family also designates the unmarried person, who resides with his child. (3) By the term children are understood children from the marriage of spouses, the children of one of the spouses, adopted children, as well as the children entrusted according to the law of one or both spouses. (4) They may benefit from the social assistance regulated by this law and families or single persons, citizens of other states, or stateless persons, who reside in Romania, under the conditions of the Romanian legislation. + Section 2 Establishment of the right to social assistance and payment + Article 3 (1) Social aid shall be granted to families with monthly net income up to: a) 81,000 lei for families consisting of 2 persons; b) 113,000 lei for families made up of 3 persons; c) 142,000 lei for families consisting of 4 persons; d) 169,000 lei for families made up of 5 persons; e) 25,000 lei for each other person who is part of the family under the conditions of this law. (2) Social assistance is also granted to single persons whose monthly net incomes are less than 45,000 lei. (3) Monthly net income referred to in par. (1) and (2) shall be increased by 5,000 lei for each family member who proves that he works on the basis of an individual employment contract, a civil convention or that he makes income from activities on his own. + Article 4 (. The amount of the social assistance shall be determined as the difference between the amounts referred to in 3 3 and the monthly net income of that family. (2) If the calculation results in a social aid of less than 5,000 lei, 5,000 lei shall be granted. + Article 5 (1) The able-bodied persons, who are not employed and do not realize income from other activities, shall be considered as family members when determining the level of income per family only if they prove that they have presented themselves at the office of the forces of work for framing and did not refuse a job, as well as following or following the qualification courses that were recommended to them or to which they were enrolled. (2) It is not required to provide the proof provided in par. ((1): a) the person who has in care, according to the law, one or more children aged up to 7 years; b) the person who follows forms of education up to date, provided by law, until the age of 25 and 26 years; c) the person who meets the legal conditions of retirement on request. + Article 6 (1) In determining the monthly net income of the family, all income that its members make shall be taken into account, including those arising from legal claims or from civil maintenance conventions in execution, as well as aid and permanent allowances, granted according to the law, except for scholarships of merit for students and students and the aid that is granted to the wives of those who satisfy the compulsory military service. (2) If the family owns land, buildings, housing or other property, movable or immovable property, at the establishment of the monthly net income of the family shall be taken into account lease, rents, other natural, industrial or civil fruits, they, as well as the income that can be obtained from the recovery of those goods, provided that the home and the goods necessary for family needs are kept + Article 7 (. The social assistance shall be established on the basis of application, accompanied by the documents proving the fulfilment of the conditions provided for by this Law ((2) The absence or, as the case may be, the existence of any other income than those which may be proved with acts shall be mentioned in the affidavit of the person requesting the aid. (3) The application referred to in paragraph (1) is made only by one of the family members, who has the capacity of civil rights exercise. In the cases provided by law, the application may be drawn up by the curator or guardian of the entitled person. (4) The holder of the social assistance is the person who made the request, and the beneficiary of the social assistance is + Article 8 (1) The application for the granting of social assistance, the declaration on incomes made by the family members, as well as the other supporting documents shall be submitted and registered with the mayor of the locality in whose territorial area the holder resides. (2) In the case of foreign citizens or stateless persons, the documents provided in par. (1) shall be submitted to the mayor of the locality in whose territorial area they reside. + Article 9 ((. The application for social assistance shall be settled within 30 days of registration. (2) In order to resolve the request for social assistance, the mayor may order the social investigation. + Article 10 (1) The establishment and payment of social assistance shall be made available to the mayor, based on the documentation presented by the specialized public services. The mayor's disposition shall be communicated to the holder of the social assistance within 15 days of the issue. (2) The payment of social assistance shall be made from the month following that in which the application was registered with the mayor of the locality. + Article 11 (1) The change, on request or ex officio, of the holder of the social assistance shall be made available to the mayor and shall be communicated to the new holder of the social assistance and to the replaced (2) If the change of the holder is required by the family members, the mayor's disposition shall also be communicated to them. + Section 3 Beneficiaries obligations + Article 3 (1) The holder of the social assistance has the obligation to communicate, in writing, to the mayor any changes in the income and to the number of family members within 30 days. (2) If any changes do not lead to increases or decreases in social assistance of more than 5,000 lei per family, the previously established social aid shall be maintained for a period of no more than 3 months. + Article 13 (1) Persons able-bodied, beneficiaries of the right of social assistance, provided in art. 5 5 para. (1), have the obligation to prove with acts, from 3 to 3 months, that they have requested at the offices of the labor forces the distribution in work or that they have not unduly refused to act on a distribution for any job offered. (2) Failure to fulfill the obligations provided in par. ((1) draws, as appropriate: a) suspension of the payment of social assistance in the case of b) the modification of the income ceiling, namely the modification of the amount of social assistance, by excluding from the number of family members persons who do not meet the obligations provided in par. ((1). (3) The suspension of payment of social assistance and, as the case may be, the modification of the income ceiling shall be made available to the mayor and shall be communicated to the holder within 15 days (4) The suspension of the payment of social assistance or the modification of the income ceiling shall be made from the second month of the quarter in which the obligations provided for in art. 13 13 para. ((1). + Article 14 Presentation by the holder of the social assistance of the evidence provided for in 13 13 para. (1) within 3 months from the date of effective suspension of payment or modification of the income ceiling, it has the effect of ending the suspension of the payment of rights and, as the case may be, the recalculation of the income ceiling. The holder of the social assistance will receive the rights related to the period during which the payment was suspended + Article 15 Payment of social assistance shall cease in the following a) if the beneficiaries of the social assistance no longer meet the conditions provided by law; b) if the payment of the right has been suspended and within 3 months from the date of the effective suspension of the payment no evidence has been submitted that the requirements provided in art. 13 13 para. ((1). + Article 16 ((. The cessation of payment or, where appropriate, the modification of the amount of the social assistance shall be established by the mayor ((. The provisions referred to in the preceding paragraph shall take effect from the first of the month following the submission of the application for the modification of the social assistance or the issue of the provision if the amendment was made on the initiative of the mayor + Article 17 (1) The amounts collected unearned as a social assistance shall be recovered from the beneficiary no later than 3 years after the payment was made. (2) If they are not able to recover, in whole or in part, the amounts paid unearned with this title will be recovered, under the terms of the Labor Code, from the persons guilty of making the payment, for a period of no more than 3 years. ((3) The recovery of the amounts paid by way of social assistance shall be made available to the mayor, which shall be communicated within 15 days. (4) The recovery provision is enforceable at the time of the communication. (5) The amounts collected unearned as a result of the commission of a crime shall be fully recovered from its authors, under the law. + Chapter 2 Aid granted to the wives of those who satisfy the compulsory military service and the birth allowance + Article 18 (1) The wives of those who satisfy the compulsory military service, who realize incomes lower than the gross minimum wage per country, from which the tax is deducted, benefit, on request, from a monthly aid, if found in one of the following Situations: a) are pregnant, starting with the fourth month of pregnancy; b) have children up to 7 years of age; c) are classified in the first or second degree of invalidity. (2) The establishment and payment of social assistance for the wives of those who satisfy the compulsory military service shall be made by the county military centers or the sectors of Bucharest. (3) The amount of the monthly aid is 10,800 lei, and its granting does not affect the payment of the social assistance established under the present law. + Article 19 (1) Starting with the second birth, mothers are entitled to an allowance in the amount of 100,000 lei for each child born. (2) The payment of the birth allowance shall be made available to the mayor of the locality in whose territorial area the entitled person resides. + Article 20 The funds necessary to pay the aid for the wives of those who satisfy the compulsory military service shall be borne from the state budget, and the birth allowances shall be paid from the local budgets, from the amounts broken down by this destination from the budget of stat. + Chapter 3 Final provisions + Article 21 The funds necessary to pay the social assistance are borne from the local budgets of the administrative-territorial units, from their own income and from the amounts broken down with this destination from the state budget + Article 22 Government and mayors may grant emergency aid, within the limits of existing funds, to families or persons who are in situations of necessity due to natural disasters, fires, accidents or other duly justified causes. + Article 23 (1) In order to establish the sources necessary to cover the right of social assistance provided by this law, in 1995, the border crossing tax is established for Romanian citizens who travel abroad for tourist or personal purposes. (2) The fee provided in par. (1) is established at the level of 15,000 lei for each exit from the country and 5,000 lei for the small border traffic. + Article 24 They shall be exempt from the payment of the tax provided by 23 23: a) the beneficiaries of the social assistance established by this law; b) students and students studying abroad, for trips made on this occasion; c) patients who travel in order to receive medical treatment, as well as the attendants to whom they are entitled, according to the law; d) the surviving spouse, as well as the relatives up to the fourth degree inclusive, of the deceased person abroad, for the purpose of travel carried out on the occasion of death + Article 25 (1) The aid and allowances provided for in this Law shall not be taxed. (2) When establishing other rights and obligations, provided by the legal norms in force, the social assistance is not taken into account, except for the legal obligation of maintenance. + Article 26 The aid and allowances provided for in this Law may be foreclosed only for the recovery of the amounts unduly paid with this title, as well as for the payment of legal maintenance obligations. + Article 27 (1) The mayor's provision regarding the granting, non-granting, modification, suspension, termination of the right to social assistance, the change of its holder, as well as the recovery of the amounts collected unwelcome can be attacked on the way of the contenciosis administratively. (2) Applications, actions and remedies regarding the rights provided for in this Law shall be exempt from stamp duty. + Article 28 The income limits and the level of rights provided for by this law are indexed by Government decision. + Article 29 The mayors will communicate, monthly, the number of beneficiaries and the expenses made, to the county departments of work and social protection and to the General Directorate of Labour and Social Protection of Bucharest. + Article 30 The county departments of labor and social protection and the General Directorate of Labor and Social Protection of the Municipality of Bucharest verify the non-compliance with the The results of the verification shall be communicated + Article 31 (1) The methodological norms for the application of this law and the modalities of payment of regulated rights shall be established by Government decision. (2) The administrative expenses necessary for the application of this law shall be included in the state budget and in the local budgets. + Article 32 (1) This law shall enter into force from the first of the month following the end of the 30-day period following its publication in the Official Gazette of Romania. (2) On the date of entry into force of this Law, it shall be art. 18 18-27 of Decree no. 410/1985 on the state allowance and the allowance for children, the aid granted to mothers with several children and military wives in the term as well as the birth allowance; art. 12 12 para. 2 lit. a) of H.C.M. no. 454/1957 on the assistance of retired and non-retired elderly, as amended by art. VII of Decree-Law no. 70/1990 amending and supplementing certain regulations relating to pensions, social security and social protection. This law was adopted by the Chamber of Deputies at the meeting of May 23, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT JOHN GAVRA This law was adopted by the Senate at the meeting of May 25, 1995, in compliance with the provisions of art 74 74 para. ((1) of the Romanian Constitution, SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN ------------------