Law No. 119 Of 9 July 1997 On Supplementary Allowance For Families With Children

Original Language Title:  LEGE nr. 119 din 9 iulie 1997 privind alocaţia suplimentară pentru familiile cu copii

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Law No. 119 of 9 July 1997 on supplementary allowance for families with children, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 149 of 11 July 1997, the Romanian Parliament adopts this law.


Article 1 the Family that has two or more children is entitled to a supplementary allowance whose amount is based on the number of children.


Article 2 (1) for the purposes of this law, by means of the family), his wife's husband and their children, or any of them, having his domicile;
  

b) only person, unmarried, divorced or widow and children residing with and in its maintenance.
  

(2) are considered to be part of the family and children of adoptees, foster children or entrust the family as defined in paragraph 2. (1) according to the law.
  


Article 3 (1) the holder of a right to a supplementary allowance for families with children is the family, through their representatives.
  

(2) supplementary Allowance for families with children shall be granted, at the request of the family, established by the spouses or, in the case of misunderstanding between them, by the tutelara times the Court, as appropriate.
  


Article 4 (1) shall receive a supplementary allowance dependent families who have at least two children aged up to 16 or 18 years if they follow a day of educational institutions, organized according to the law, are employed in the grade I or II disablement or are declared disabled.
  

(2) additional allowance, is entitled to benefit under the present law, the families of foreign citizens or stateless persons residing in Romania.
  


Article 5 (1) the monthly amount of the additional allowance for families with children is: 40,000 lei for the family) who has two dependent children;
  

b) for 80,000 family that has three dependent children;
  

100,000 lei c) family that has four or more dependent children.
  

(2) the amounts set out in paragraph 1. (1) it is the Government's decision is indexed.
  


Article 6 (1) conditions for the grant of supplementary allowance for families with children is found through the official family booklet.
  

(2) there shall be established a family book, reflecting the children's family, this component and their legal situation compared to legal representatives.
  

(3) the holder of a family record book is the family.
  

(4) the content and form of the family record book, as well as the rules for issuing and updating thereof shall be established by decision of the Government, within 15 days from publication of this law in the Official Gazette of Romania.
  

(5) the family booklet will be completed and will be handed over to the owner, by the Mayor.
  

(6) after the completion of the family record book, any change in the family, as defined in article 10. 2, shall be made by the civil status service of the local Council, on the basis of official documents to be presented by the representative of the family.
  


Article 7 the request for establishment and entitlement to a supplementary allowance for families with children by the proprietor are formulated on the basis of registrations from family booklet, and the Mayor of the administrative territorial unit in whose territorial RADIUS entitled family is domiciled.


Article 8 (1) the Mayor, checking, ensure receipt of registration and monthly transmission of applications from holders of General Directorates of labour and social protection Bucharest or County, as applicable.
  

(2) entitlement to supplementary allowance for families with children is established by the decision of the Director-general of the Directorate-General for employment and social protection Bucharest or County, as applicable, and shall be paid as of the month following the month in which the application was registered under the terms of paragraph 1. (1) and (3) in respect of applications submitted until 30 September 1997, the procedure for the receipt, checking and transmission shall be fixed by decision of the Government.
  


Article 9 (1) the legal representative of the family is required to notify, in writing, within 5 business days of any change concerning the situation of the family.
  

(2) the communication shall be recorded at the Mayor of administrative and territorial unit in whose territorial RADIUS right holder is domiciled and transmit the General Directorates of labour and social protection Bucharest or County, as applicable.
  


Article 10 (1) supplementary Allowance for families with children is charged to the holder, subject to the conditions laid down in article 21. 3 paragraphs 1 and 2. (2) by money order or, at his request, in the personal account.
  

(2) the amount of the additional allowance for families with children change beginning with the month following the month during which the conditions have changed.
  

(3) payment of additional allowance for families with children shall cease as of the month following the month in which they are no longer fulfilled the conditions for derogation provided for by the present law.
  

(4) the period of custody of a child in a healthcare institution, payment of additional allowance for families with children is suspended. The judgment of the county commissions for the protection of minors or the sectors of Bucharest, as appropriate, concerning the awarding of child care institution shall be notified to the Directorate-General for employment and social protection Bucharest or County, as applicable, within 5 days after its adoption.
  

(5) the children entrust healthcare institutions under the conditions of paragraph 1. (4) there shall be regarded as being in the family.
  


Article 11 the amounts needed to pay extra allowance for families with children, and expenses of administration shall bear in the budget of the Ministry of labour and social security.


Article 12 (1) amounts received by way of incorrectly additional allowance for families with children, shall be recovered by a decision of the Director-general of the Directorate-General for employment and social protection Bucharest County or, where appropriate, the holder of the right, within 3 years after the payment.
  

(2) where the sums wrongly paid under that title cannot be fully or partially recover, according to para. (1), they shall be recovered in accordance with the labour code, the imputation of payment or through the commitment of persons guilty of damage occurrence, a period not exceeding 3 years.
  

(3) the decision of the Director-general of the recovery of the Directorate General for employment and social protection Bucharest or county or, where appropriate, the undertaking assumed payment shall be enforceable from the date of communication of the decision or from the date of signing of the commitment.
  

(4) amounts collected or wrongly paid as a result of the Commission of an offence shall be recovered from its authors, according to the law.
  


Article 13 (1) Appeals against decisions made by the proprietor of the establishment of the right to a supplementary allowance for families with children, as well as against decisions by the recovery of amounts wrongly received according to the provisions of Law deciding on administrative courts no. 29/1990.
  

(2) appeals against decisions of imputation, issued pursuant to article. 12(3). (2) as well as against the commitments assumed deciding according to provisions of the labour code.
  


Article 14 (1) supplementary Allowance for families with children is not taxable and cannot be compelled to recover than amounts wrongly paid under that title.
  

(2) in determining the rights and obligations provided for by the legislation in force does not take into account the additional allowance for families with children.
  


The application of the provisions of article 15 of this law, the Government will work out detailed rules for determining and paying the additional allowance for families with children, as well as with respect to enforcement costs.


Article 16 this Act comes into force on July 1, 1997.
This law was adopted by the Chamber of deputies at its meeting of 23 June 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting of 23 June 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS--------------