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Law No. 115 Of 4 May 2006 Amending And Supplementing Law No. 416/2001 Concerning The Guaranteed Minimum Income

Original Language Title:  LEGE nr. 115 din 4 mai 2006 pentru modificarea şi completarea Legii nr. 416/2001 privind venitul minim garantat

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LEGE no. 115 115 of 4 May 2006 to amend and supplement Law no. 416/2001 on guaranteed minimum income
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 408 408 of 11 May 2006



The Romanian Parliament adopts this law + Article I Law no. 416/2001 on the guaranteed minimum income, published in the Official Gazette of Romania, Part I, no. 401 of 20 July 2001, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 1, paragraph 3 shall read as follows: "" 3) The establishment of the guaranteed minimum income shall be based on the principle of social solidarity within the framework of a national social assistance policy. " 2. Article 2 shall read as follows: "" Art. 2. -(1) For the purposes of this law, the term family designates the husband and wife or husband, their unmarried wife and children, who are domiciled or the common residence provided in the identity and household documents together. (. The family and the person living together with the dependent children shall be considered as family and shall be in one of the following situations: a) is unmarried; b) is a widow; c) is divorced; d) whose husband/wife is declared/declared missing/disappeared by court decision; e) has not reached the age of 18 and is in one of the situations provided in lett. a)-d). (3) It is considered family and siblings without children, who manage together and who do not have their domicile or shared residence with their parents. (4) For the purposes of paragraph (1) assimilate to the term family the unmarried man and woman, their children and each of them, who live and manage together. (5) By the term child means the child from the marriage of the spouses, the child of one of the spouses, the adopted child, as well as the child given in foster care to the family or person or for whom guardianship or cleaning was instituted, according to the law (6) By the term the person alone is understood the person who has reached the age of 18, lives and manages himself. (7) It benefits from the regulations of this law and families or single persons, citizens of other states or stateless persons, who reside or, as the case may be, domiciled in Romania, under the conditions of Romanian law. " 3. Article 3 shall read as follows: "" Art. 3. -(1) They have the right to the guaranteed minimum income, under the conditions of this law, and the spouses in fact, if the social investigation testifies to the existing situation and justifies its (2) Benefit from the regulations of this law and persons without domicile or residence and without dwelling, in a situation of need, on the basis of the declaration on their own responsibility that they did not request the social assistance from other mayors. (3) Persons without housing benefit from social assistance only during the period in which they are in the records of public social assistance services within the administrative-territorial units in which they live. " 4. Article 6 shall read as follows: "" Art. 6. -(1) Families and single persons with monthly net income up to the guaranteed minimum income level benefit from a 15% increase in the amount of social assistance per family, if at least one family member proves that they are working on the basis of an individual employment contract, has the status of civil servant or performs an activity, making income with a salary character. (2) For the amounts granted as social assistance, according to the provisions of this law, one of the major able-bodied persons of the beneficiary family has the obligation to provide monthly, at the request of the mayor, actions or works of local interest, without could be overcome the normal working regime and in compliance with the safety and hygiene norms of work. (3) I am an exception to the provisions of para. (2) the families for which the social assistance resulting from the calculation is up to 50 lei/month; for these the working hours are set quarterly and are carried out in the first month of payment. (4) The hours of work provided in par. (2) shall be calculated in proportion to the amount of the social assistance enjoyed by the family or single person, with an hourly rate corresponding to the minimum gross basic salary per country guaranteed in payment, relative to the average monthly duration of working time. (5) The number of working days, limited to the monthly norm of 21,25, is determined by dividing the hours of work calculated at 8 hours/day. The fractions are completed in addition. (6) The obligation to provide the actions or works of local interest provided in par. (2) may be transferred to other persons in the family, with the consent of the mayor, if the person nominated to carry out the actions or works of local interest are in temporary incapacity to work or has totally or partially lost Work capacity. (7) The mayors have the obligation to draw up a plan of actions or works of local interest for the distribution of the hours of work provided in par. (2), to keep records of these hours and to ensure the training on the norms of occupational safety technique for all persons who perform actions or works of local interest. (8) The mayor has the obligation to display the list of beneficiaries of social assistance, as well as persons who are to carry out actions or works of local interest. " 5. Article 7 shall read as follows: "" Art. 7. -(1) Persons able-bodied, who do not make income from salaries or other activities, shall be taken into account in determining the number of family members for determining the level of income per family only if they prove that they are in the records of the territorial employment agency, for employment, and have not refused a job or participation in services to stimulate employment and training offered by these agencies. (2) The territorial employment agency will transmit to mayors, in the first month of each quarter, the nominal table of persons who are looking for a job or participated in services to stimulate employment. work and training offered by these agencies. " 6. After Article 7, two new articles are inserted, Articles 7 ^ 1 and 7 ^ 2, with the following contents: "" Art. 7 7 ^ 1. -(1) An able-bodied person means the person who fulfils the following conditions: a) is aged between 16 years and the standard retirement age; b) does not follow a form of education day courses provided by law; c) has the state of health and the proper physical and mental capacity, which make it fit for the provision of work. (2) Physical and mental capacity is proven with acts issued under the law. Article 7 ^ 2. -It is an exception to the fulfilment of the obligations provided in 6 6 para. (2) and the condition provided in art. 7 7 para. ((1) the able-bodied person who is in one of the following situations: a) ensure the growth and care, according to the law, of one or more children aged up to 7 years and up to 16 years in the case of the average disabled child, proven by certificate issued by the Child Protection Commission; b) ensure the growth and care, according to the law, of one or more persons with serious or stressed disability, proven by certificate issued by the Child Protection Commission or, as the case may be, by the Commission of medical expertise of persons with disability for adults; c) participate in a training program; d) is employed. " 7. Article 8 shall read as follows: "" Art. 8. --(1) When determining the monthly net income of the family and, as the case may be, the person alone, all the income that its members make shall be taken into account, including those arising from state social insurance rights, insurance of unemployment, legal maintenance obligations, allowances, allowances and permanent aid and other legal claims. (2) If the family or single person only owns the categories of goods included in the list of goods considered of strict necessity for family needs, it benefits from social assistance, taking into account the income provided in par. ((1). ((3) If the family or single person has at least one of the goods included in the list of goods that are not considered of strict necessity for family needs, it does not benefit from social assistance. (4) If the family or single person has property in the property that quantitatively exceeds the goods contained in the list provided in par. ((2), when determining the monthly net income of the family or single person, the potential income from the recovery of those goods, established according to minimum and maximum limits, approved at national level, shall be taken into account. (5) The lists provided in par. ((2) and (3), as well as the limits provided in par. (4) shall be established by the methodological norms for the application of the provisions of the (6) Local councils, depending on the specific conditions, may approve other own criteria for the assessment of potential incomes, provided in par. ((4). (7) The lists provided in par. ((2) and (3), as well as the limits provided in par. (4) is updated annually by Government decision. (8) In the case of family or single person who lives and housewives together with other families or single persons and contributes together to the purchase or realization of goods and income from their valorisation or consumption The amount of the social assistance shall be taken into account for both the monthly net income and the share of the net monthly income, jointly made by the persons in the household. " 8. Article 9 shall read as follows: "" Art. 9. -(1) The social assistance, under the conditions of this law, shall be granted on the basis of application and self-declaration, accompanied by the supporting documents on the family composition and the incomes of its members. ((2) The existence of any income other than those that may be proved with acts shall be mentioned in the affidavit of the person seeking the social assistance. (3) The application and the affidavit, provided in par. ((1), shall be signed and submitted by the representative of the family. (4) The representative of the family may, as the case may be, be one of the family members who has full capacity of exercise or, in the cases provided by law, the guardian or the curator of the entitled person. (5) In the situations provided in art. 2 2 para. ((2), the representative of the family shall be the person who ensures the growth and care of the children, if he has full capacity for exercise or, as the case may be, (6) The holder of the social assistance shall be the representative of the family and the beneficiary of the social assistance 9. Article 10 shall read as follows: "" Art. 10. -(1) The application for social assistance and the affidavit shall be registered with the mayor of the locality in whose territorial area the holder is domiciled or residing. (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 or, as the case may be, domicile. (3) In the case of persons provided in art. 3 3 para. (2), the application shall be registered with the mayor of the locality or, as the case may be, of the sector of Bucharest in whose territorial area (4) The application and the affidavit shall be drawn up according to the model provided for in the methodological norms for the application of this law. " 10. Article 11 shall read as follows: "" Art. 11. -(1) The application for the granting of social assistance shall be settled within a maximum of 30 days from the date of registration. (2) In order to verify the applicant's fulfilment of the conditions for granting social assistance, the mayor shall have the social survey mandatory, within 15 working days from the date of registration of the application. (3) The social survey shall be carried out by the staff of the public social assistance service subordinated to the local council or, as the case may be, by the persons with attributions in the field of social assistance from the (4) The social survey shall be drawn up according to the model approved by the methodological norms for the application of this law and shall constitute the legal test for the courts, in connection with the opening of the right or (5) The responsibility for the content of the social survey also lies with the persons who carried out and signed the social survey ((6) If the applicant refuses to provide the information necessary for the preparation of the social survey, it shall be considered that his family does not meet the conditions for granting social assistance. " 11. Article 12 shall read as follows: "" Art. 12. -(1) The establishment of the right to social assistance and its amount shall be made by written provision of the mayor. (2) Within a maximum of 10 working days from the conduct of the social survey, the mayor has the obligation to issue the provision for granting or rejecting the request for social assistance. (3) The mayor's provision shall be communicated to the holder of the social assistance, within a maximum of 5 days from the date of issue. ((. The right to social assistance shall be granted from the month following the registration of the application (5) The claim of beneficiaries of social assistance is a privileged claim. " 12. After Article 13, a new article is inserted, Article 13 ^ 1, with the following contents: "" Art. 13 13 ^ 1. --(1) The payment of the social assistance and the date of its performance shall be determined by written provision of ((2) The payment of the social assistance shall be made, as a rule, by the payment state or, as the case may be, on the basis of a postal mandate, in the personal current account or by other forms of payment established by the authorising officer, taking into account the beneficiary's request 13. Article 14 shall read as follows: "" Art. 14. -(1) The holder of the social assistance has the obligation to communicate to the mayor, in writing, any modification regarding the domicile, income and the number of family members, within 15 days from the date on which the modification occurred. (2) If the changes do not lead to increases or decreases in social assistance of more than 5 lei (RON) per family, the previously established social aid does not change. ((3) The modification of the amount or termination of the right to social assistance shall be made by written provision of the mayor, starting with the month following the one in which the amendments (4) For the situations referred to in par. (1), provisions of art. 11 11 and 12 shall apply accordingly. ' 14. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -(1) In order to comply with the conditions for granting the right to social assistance, the mayors have social investigations at the interval of 6 months or whenever needed. (2) If situations are found to lead to the modification of the amount or to the termination of the right to social assistance, the mayor issues a new written provision. ((. The amendment of the amount provided for or the termination of the right shall be determined from the month following that in which the social survey was carried out. 15. Article 15 shall read as follows: "" Art. 15. -(1) The able-bodied persons for whom the social assistance is granted have the obligation to prove with acts, from 3 to 3 months, that they meet the conditions provided in art. 7 7 para. ((1). (2) The Territorial Employment Agency and the Office for the Migration of the Labour Force will submit to mayors, in the first month of each quarter, the nominal table with the persons from the beneficiary families of social assistance who have been assigned to the work, they refused a job offered and, respectively, who left with employment contract abroad. (3) Failure to fulfill the obligations provided in par. ((1) draws the suspension of payment of social assistance. 16. Article 16 shall read as follows: "" Art. 16. -Failure to fulfil the obligations provided for in 6 6 para. ((2) draws the suspension of payment of social assistance. 17. In Article 17, paragraph 2 shall read as follows: " (2) The suspension of the payment of social assistance shall be made from the month following that in which the obligations provided for in art. 6 6 para. ((2) and in art. 15 15 para. ((1). ' 18. Article 18 shall read as follows: "" Art. 18. -Presentation by the holder of the evidence provided in art. 15 15 para. ((1), within 3 months from the date of the actual suspension of the payment or of the change in the amount of the social assistance, it shall have the effect of resuming the payment of the rights starting 19. In Article 19, paragraph 1 shall read as follows: "" Art. 19. -(1) Amendment of the amount of social assistance or termination of the right, under the conditions 14 14 and art. 14 ^ 1, the mayor's disposition is established. " 20. Article 20 shall read as follows: "" Art. 20. -(1) The right to social assistance ceases in the following situations a) if the beneficiaries no longer meet the conditions provided for by this Law; b) if the payment of the social aid has been suspended and, within 3 months from the date of suspension of the payment, the obligations provided for in art. 6 6 para. ((2) and in art. 15 15 para. ((1). (2) The cessation of payment of social assistance is made by written provision of the mayor. (3) The mayor's provision shall be communicated to the holder within 5 days from the date of issue. (4) The cessation of payment of social assistance shall be made from the month following that in which the situations referred to in par. ((1). ' 21. After Article 20, a new article is inserted, Article 20 ^ 1, with the following contents: "" Art. 20 20 ^ 1. --(1) If it is found that the right to social assistance was established on the basis of erroneous data on the family composition or the income made or during the granting of their changes, the mayor suspends the payment social aid and requests the verification of the causes that generated this situation. (2) If, following the verification provided in par. (1), it is found that the family or single person has the right to continue to social aid in the previously established amount, the rights not authorized by the holder shall be paid to him, on the basis of application registered with the mayor. (3) If, following the verification provided in par. ((1), it is found that the family or single person has the right to a social aid in the higher amount, the new amount is established by a new written provision of the mayor. " 22. Article 21 shall read as follows: "" Art. 21. -(1) The amounts collected unearned, as a social assistance, shall be recovered from the holder of the right of aid within the limitation period established by the law for budgetary claims. (2) The recovery of the amounts paid unearned as a social assistance shall be made by the mayor by written provision, which shall be communicated to the debtor within 15 days. (3) The recovery provision shall constitute enforceable title from the date of communication. (4) The amounts collected unearned as a result of the commission of a crime shall be fully recovered from its authors, under the law. " 23. Article 24 shall read as follows: "" Art. 24. -The funds necessary for the payment of social assistance for the wives of those who satisfy the compulsory military service shall be borne from the state budget, through the budget of the Ministry of National Defence 24. In Article 25, paragraph 3 shall read as follows: " (3) The allowance provided in par. ((1) shall be granted only once for each child born alive, within a maximum of 12 months after the birth of the child. " 25. Article 26 shall read as follows: "" Art. 26. -The funds necessary for the payment of allowances for newborn children shall be borne from the state budget, through the budget of the Ministry of Labour, Social Solidarity and Family. " 26. Article 27 shall read as follows: "" Art. 27. -(1) The funds necessary for the payment of social assistance shall be borne from local budgets, mainly from amounts broken down from some state budget revenues. (2) Administrative expenses for verifying the fulfilment of the conditions and establishing the right to social assistance, including for the activities referred to in 6 6 para. (2) shall be borne by the own income of the local budgets. (3) The funds provided in par. ((1) shall be distinguished distinctly in local budgets and shall not be used for other destinations. " 27. Article 28 shall read as follows: "" Art. 28. -(1) The Government, at the proposal of the Ministry of Labour, Social Solidarity and Family, may grant emergency aid to families and persons who are in situations of necessity due to natural disasters, fires, accidents, and other special situations established by law. (2) Mayors may grant emergency aid to families and persons who are in situations of necessity caused by natural calamities, fires, accidents, as well as for other special situations, established by decision of the local council. (3) Mayors can organize the granting of social assistance in money and in kind by paying maintenance and heating expenses of the home, as well as obligations to local budgets, to prices and tariffs established according to the law. ((4) Mayors may order that part of the expenses of the funeral of persons from families receiving social assistance be provided from the funds allocated for the payment of social assistance. (5) The funds necessary for the payment of emergency aid granted by mayors, provided in par. (2), as well as the aid provided in par. (4) shall be borne from the local budget. (6) The funds necessary for the payment of emergency aid granted by the Government, provided in par. (1), shall be ensured from the state budget, through the budget of the Ministry of Labour, Social Solidarity and Family. " 28. After Article 28, a new article is inserted, Article 28 ^ 1, with the following contents: "" Art. 28 28 ^ 1. -(1) It constitutes contraventions and is sanctioned with a fine of 500 lei (RON) per 1,000 lei (RON) the following facts: a) non-preparation by the staff of the public social assistance service subordinated to the local council or, as the case may be, by the persons with attributions in the field of social assistance from the specialized apparatus local public of specific documentation, including of the available projects, as well as their non-submission, to be signed by the mayor, before the fulfillment of the deadlines provided for in art. 11 11 para. ((1) and (2), art. 12 12 para. ((2), art. 14 ^ 1 para. ((1) and art. 31 31 para. ((3); b) the non-sizing of the mayor by the secretary of the commune, the city, the municipality or the sector of the city of Bucharest, as the case may be, of the situations in which the deadlines provided 11 11 para. ((1) and (2), art. 12 12 para. ((2), art. 14 ^ 1 para. ((1) and art. 31 31 para. ((3); c) failure by the holder of the social assistance of the obligation provided in art. 14 14 para. ((1). (2) The finding of contraventions and the application of sanctions shall be as follows: a) by the authorized personnel of the Ministry of Labour, Social Solidarity and Family, in the case of contraventions provided in par. ((1) lit. a) and b); b) by mayors or persons empowered for this purpose by them, in the case of the contravention provided in par. ((1) lit. c). (3) The amount of the contravention fines provided in par. (1) is updated by Government decision. ((4) The offender may pay on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum of the fine provided in par. (1), the finding agent making mention of this possibility in the minutes. (5) The provisions on contraventions, provided in par. ((1) and (2), shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (6) The minutes drawn up by the authorized personnel of the Ministry of Labour, Social Solidarity and Family will be submitted in photocopy to the mayor of the commune, of the city, of the municipality or of the sector of Bucharest, where applicable. ' 29. In Article 30, paragraph 1 shall read as follows: "" Art. 30. -(1) The mayor's provision regarding the granting, non-granting, modification, suspension, termination of the payment of the rights provided by this law, the change of their holder, as well as the recovery of the amounts collected undue may be attacked according to provisions Law of Administrative Litigation no. 554/2004 as amended. '; + Article II This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. + Article III Within 60 days from the publication of the law in the Official Gazette of Romania, Part I, Ministry of Labour, Social Solidarity and Family together with the Ministry of Administration and Interior, Ministry of Public Finance, Ministry of Agriculture, Forests and Rural Development, the Ministry of Transport, Construction and Tourism and the Ministry of National Defence will submit to the Government approval the corresponding amendment of the Methodological Norms for the application of Law no. 416/2001 on the guaranteed minimum income, approved by Government Decision no. 1.099/2001 , published in the Official Gazette of Romania, Part I, no. 719 719 of 12 November 2001, as amended. + Article IV Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 4, 2006. No. 115. _________