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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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LEGE no. 119 119 of 9 July 1997 on the additional allowance for families with children
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 149 149 of 11 July 1997



The Romanian Parliament adopts this law + Article 1 The family that has two or more children in maintenance has the right to additional allowance, the amount of which is depending on the number of children. + Article 2 (1) For the purposes of this law, the family means: a) the spouse, their wife and their children or any of them, having their common domicile; b) single person, unmarried, widow or divorcee and her children with whom she is domiciled and who is in her maintenance. (2) They are considered to be part of the family and adopted children, children in family placement or entrusted to the family defined in par. (1), according to law. + Article 3 ((1) Titular of the right to the supplementary allowance for families with children is the family, through its representative. (2) The additional allowance for families with children shall be granted, at the request of the representative of the family, established by the spouses or, in case of misunderstanding between them, by the guardian authority or the court, as the case may be. + Article 4 (1) Benefit from the additional allowance families who have in maintenance at least two children up to 16 years of age or up to 18 years, if they attend the day courses of an educational institution, organized according to the law, are assigned in the first or second degree of invalidity or are declared handicapped. (2) Benefit from the additional allowance, under the conditions of this law, and the families of foreign or stateless citizens who are domiciled in Romania. + Article 5 (1) The monthly amount of the additional allowance for families with children is: a) 40,000 lei for the family that has two dependent children; b) 80,000 lei for the family that has three dependent children; c) 100,000 lei for the family that has four or more children in maintenance. (2) The boxes provided in par. (1) is indexed by Government decision. + Article 6 (1) The fulfilment of the conditions for granting the additional allowance for families with children shall be proved by the family card. (2) The family card, which reflects the family composition, the children's parentage and their legal situation towards the legal representatives, is established. (3) Titular of the family card is the family. (4) The content and form of the family card, as well as the rules on its issuance and updating shall be established by Government decision, within 15 days from the date of publication of the present law in the Official Gazette of Romania. (5) The family livery will be completed and will be handed to the holder, through the mayor's care. (6) After completing the family card, any modification in the family composition, as defined in art. 2, shall be operated by the civil status service of the local council in the locality of domicile, on the basis of official documents, presented by the family representative. + Article 7 The application for the establishment and granting of the right to the additional allowance for families with children shall be made by the holder, based on the entries from the family record, and shall be submitted to the mayor of the administrative-territorial unit in whose radius territorial is domiciled family. + Article 8 (1) The mayor shall ensure the receipt, verification, registration and monthly transmission of the applications of the holders to the general directions of work and social protection of the county or of the city of Bucharest, ((2) The right to the supplementary allowance for families with children shall be determined by the decision of the Director General of the General Directorate of Labour and Social Protection of the County or of the Municipality of Bucharest, as the case may be, and shall be granted the one in which the application was registered, under the conditions of par. ((1). (3) For applications submitted by September 30, 1997, the procedure for receipt, verification and transmission shall be determined by Government decision. + Article 9 (1) The legal representative of the family has the obligation to communicate, in writing, within 5 working days, any change regarding the family situation. (2) The communication is registered with the mayor of the administrative-territorial unit in whose territorial area the holder of the right resides and is transmitted to the general directions of work and social protection of the county or of the city of Bucharest, + Article 10 (1) The additional allowance for families with children shall be paid to the holder, under the conditions provided in art. 3 3 para. (2), by postal order or, at its request, on a personal account. (. The amount of the additional allowance for families with children shall be amended from the month following that in which the conditions for granting have been amended. ((3) The payment of the additional allowance for families with children shall cease from the month following that in which the conditions for granting it are no longer fulfilled, provided by this law. (4) During the period of custody of the child in a protection institution, the payment of the right to the supplementary allowance for families with children shall be suspended. The decision of the commissions for the protection of the county minors or of the sectors of Bucharest, as the case may be, regarding the custody of the child of a protection institution shall be communicated to the general department of labor and the city of Bucharest, as the case may be, within 5 days of adoption. (5) Children entrusted to some protection institutions under the conditions of par. ((4) are not considered as family maintenance. + Article 11 The amounts necessary to pay the additional allowance for families with children, as well as the administration expenses are borne from the budget of the Ministry of Labour and Social Protection + Article 12 (1) The amounts collected unearned, as an additional allowance for families with children, shall be recovered by the decision of the Director General of the General Directorate of Labor and County Social Protection or of the Municipality of Bucharest, as the case may be, from the holder of the right, within 3 years of the payment. (2) If the amounts paid unearned with this title cannot be recovered, in whole or in part, according to par. (1), they will be recovered, according to the provisions of the Labor Code, by decision of imputation or by commitment of payment from the persons guilty of the damage, for a period of no more than 3 years. (3) The recovery decision issued by the Director General of the General Directorate of Labour and Social Protection of the County or of the Municipality of Bucharest or, as the case may be, the assumed payment commitment shall constitute enforceable title from the date respectively from the date of signature of the payment commitment. (4) The amounts collected or paid undue as a result of the commission of a crime shall be recovered from its authors, under the law. + Article 13 (1) Appeals made by the holder against decisions establishing the right to the supplementary allowance for families with children, as well as against decisions to recover the amounts received unearned shall be settled according to the provisions Law of Administrative Litigation no. 29/1990 . (2) Appeals against imputation decisions, issued under the conditions of art. 12 12 para. (2), as well as against the assumed payment commitments shall be settled according to the provisions of the Labor Code + Article 14 (1) The additional allowance for families with children is not taxable and can only be pursued in order to recover the amounts paid unearned with this title. (2) When establishing other rights and obligations provided for by the legislation in force, the supplementary allowance for families with children shall not be taken into account. + Article 15 In application of the provisions of this law, the Government will develop rules for the establishment and payment of additional allowance for families with children, as well as on the law enforcement expenses. + Article 16 This Law shall enter into force on 1 July 1997. This law was adopted by the Chamber of Deputies at the meeting of June 23, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at its meeting of 23 June 1997, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS --------------