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Law No. 277 Of 24 December 2010 (Republished) On Family Support Allowance *)

Original Language Title:  LEGE nr. 277 din 24 decembrie 2010 (*republicată*) privind alocaţia pentru susţinerea familiei*)

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LEGE no. 277 277 of 24 December 2010 (** republished) (* updated *) on family support allowance *) ((updated until 29 June 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. VII of Law no. 166/2012 on approval Government Emergency Ordinance no. 124/2011 for the modification and completion of some normative acts governing the granting of social assistance benefits, published in the Official Gazette of Romania, Part I, no. 699 of 11 October 2012, giving the texts a new numbering.
Law no. 277/2010 on the family support allowance was published in the Official Gazette of Romania, Part I, no. 889 889 of 30 December 2010 and has been amended and supplemented by Government Emergency Ordinance no. 2/2011 , published in the Official Gazette of Romania, Part I, no. 79 79 of 31 January 2011, approved by Law no. 111/2011 , published in the Official Gazette of Romania, Part I, no. 428 428 of 20 June 2011, and by Government Emergency Ordinance no. 124/2011 for the modification and completion of some normative acts governing the granting of social assistance benefits, published in the Official Gazette of Romania, Part I, no. 938 of 30 December 2011, approved with amendments and additions by Law no. 166/2012 .
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+ Chapter I Family support allowance + Article 1 (1) The present law establishes the family support allowance as a form of support for low-income families who have growing and caring for children up to 18 years of age, hereinafter referred to as the allowance. (2) The granting of the allowance provided in par. (1) aims to supplement the income of families in order to ensure better conditions for the growth, care and education of children, as well as stimulation of attendance by school-aged children, in the care of families with reduced income, courses of a form of education, organized according to the law. + Article 2 (1) Benefit from the allowance provided in art. 1 the family formed by their spouse, wife and children, who live together, hereinafter referred to as family. ((2) Benefit from the allowance and the family made up of the single person and the children in its maintenance and who live together with it, hereinafter referred to as the single parent family. (3) It is considered a family within the meaning of paragraph (1) and the unmarried man and woman, their children and each of them, who live and manage together, if it is recorded in the social investigation. + Article 3 Through the person alone, in the sense of 2 2 para. (2) means the person who is in one of the following situations: a) is unmarried; b) is a widow; c) is divorced; d) has the spouse declared/declared missing/disappeared by court decision; e) has the husband/wife arrested/remanded in custody for a period of more than 30 days or executes a custodial sentence and does not participate in the maintenance of children; f) has not reached the age of 18 and is in one of the situations provided in lett. a)-e); g) was appointed guardian or was entrusted or was given in foster care one or more children and is in one of the situations provided in lett. a)-c). + Article 4 (1) They are considered to be part of the family defined in art. 2 and the children entrusted for adoption, those in foster care in a person or family or for whom guardianship was instituted, according to the law. (2) The professional maternal assistant shall benefit from the allowance only for his children, taking into account the establishment of the right of all income earned by family members, except for those coming from placement allowances and other amounts granted to the maternal assistant to cover monthly expenses, under the law. + Article 5 (1) For the family provided in art. 2 2 para. ((1), whose average monthly net income per family member is up to and including 0,40 ISR, the monthly amount of the allowance is established by reference to the social reference indicator, hereinafter referred to as the ISR, as follows: a) 0,1640 ISR for the family with a child; b) 0,3280 ISR for the family with 2 children; c) 0,4920 ISR for the family with 3 children; d) 0,6560 ISR for the family with 4 children and more. --------- Alin. ((1) of art. 5 5 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (2) For the family provided in art. 2 2 para. ((1), whose average monthly net income per family member is above 0,40 ISR and up to and including 1,06 ISR, the amount of the allowance shall be determined as follows: a) 0,1500 ISR for the family with a child; b) 0,3000 ISR for the family with 2 children; c) 0,4500 ISR for the family with 3 children; d) 0,6000 ISR for the family with 4 children and more. --------- Alin. ((2) of art. 5 5 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (3) If the calculation in lei of the allowance results in cash fractions, they shall be rounded to a lion in favour of the beneficiary. " ------------- Article 5 has been amended by section 6.6. 1 1 of art. II of EMERGENCY ORDINANCE no. 42 42 of 15 May 2013 , published in MONITORUL OFFICIAL no. 287 287 of 21 May 2013. + Article 6 (1) For the family provided in art. 2 2 para. ((2), whose average monthly net income per family member is up to and including 0,40 ISR, the monthly amount of the allowance is established by reference to the social reference indicator, as follows: a) 0,214 ISR for the family with a child; b) 0,428 ISR for the family with 2 children; c) 0,642 ISR for the family with 3 children; d) 0,856 ISR for the family with 4 children and more. --------- Alin. ((1) of art. 6 6 has been amended by section 2 2 of art. II of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (2) For the family provided in art. 2 2 para. ((2), whose average monthly net income per family member is above 0,40 ISR and up to and including 1,06 ISR, the amount of the allowance shall be determined as follows: a) 0,204 ISR for the family with a child; b) 0,408 ISR for the family with 2 children; c) 0,612 ISR for the family with 3 children; d) 0,816 ISR for the family with 4 children and more. --------- Alin. ((2) of art. 6 6 has been amended by section 2 2 of art. II of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (3) If the calculation in lei of the allowance results in money fractions, they shall be rounded to a lion in favour of the beneficiary. ------------- Article 6 has been amended by section 6. 2 2 of art. II of EMERGENCY ORDINANCE no. 42 42 of 15 May 2013 , published in MONITORUL OFFICIAL no. 287 287 of 21 May 2013. + Article 7 (1) The families whose members are Romanian citizens who have their domicile or residence in Romania, as well as citizens of other states or stateless persons who have their domicile or, as the case may be, residence in Romania, under the Romanian legislation. (2) Benefit from the allowance and persons without domicile or residence and without dwelling, based on the affidavit that they did not request the allowance from other mayors. + Article 8 ((1) Families defined in art. 2, which have maintenance children of school age, benefit from the allowance given that children attend without interruption the courses of a form of education organized according to the law, except for those who interrupt them for medical reasons, and does not record unmotivated absences during a semester leading to a fall below 8 of the wearing note. (2) For families who have in maintenance children of school age with severe or accentuated disabilities and who do not attend a form of education, organized under the law, the allowance is granted provided the presentation of the certificate of employment in a degree of disability and proof issued by the secretariats of the commissions for the protection of the child from the general social assistance departments for the protection of the county child, respectively of the sectors of Bucharest, hereinafter referred to as social assistance directorates, or by the Evaluation Service complex within the social assistance departments, certifying that the child cannot be enrolled in any form of education, provided by law. + Chapter II Establishment and payment of allowance rights + Article 9 The allowance shall be granted on the basis of application and self-declaration accompanied by the supporting documents on the family composition, its income and, as the case may be, on the attendance of the school courses by the dependent children. + Article 10 (1) Applications for the establishment and granting of the allowance shall be drawn up by the representative of the family and shall be registered at the town hall of the commune, city, municipality or, as the case may be, of the sector of Bucharest in whose territorial or family residence. (2) For citizens of other states or stateless persons, the request provided in par. (1) shall be registered at the town hall of the commune, the city, the municipality or, as the case may be, of the sector of the city of Bucharest in whose territorial area (4) For the purposes of this law, persons who do not have a main dwelling or, as the case may be, a secondary dwelling, under the law. ((5) Home or residence housing is the construction in personal or rented property or on which the holder or a member of the family exercises a right of use under the law, with the dependencies, facilities and utilities necessary, consisting of one or more rooms, covering the minimum conditions of rest, preparation of food, education and hygiene of the single person or family, according to Annex no. 1 1 to Home Law no. 114/1996 , republished, with subsequent amendments and completions. It is assimilated to home or residence and housing of necessity, as well as social housing, as defined according to the provisions of the same law. + Article 11 (1) In the case of family defined in art. 2 2 para. ((1), the representative of the family shall be determined by the spouses or, in case of misunderstanding between them, by the guardianship authority. (2) In the case of the single parent family, the family representative is the single person. (3) In the case of the person referred to in (2) who has dependent children and has not reached the age of 18, the family representative is the single person, if he has full exercise capacity, or, as the case may be, the legal representative/legal protector of it. (4) In the case of family defined in art. 2 2 para. (3), in order to establish the representative of the family ((1) shall apply accordingly. + Article 12 (1) The family composition, the children's parentage and their legal situation towards the legal representatives prove themselves with the family card. ((2) For situations in which the family card is not issued or for those that are not highlighted in the family record, the representative of the family shall, on a mandatory basis, present the necessary supporting documents. + Article 13 (1) When determining the income on the basis of which the allowance is granted, all income that family members make or, as the case may be, shall be taken into account in the last month before the request of the right, as provided by art. 8 8 of Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions. (2) If the family defined in art. 2 lives and housewives together with other families or persons, when establishing the right to allowance shall be taken into account only the rightful part of the net monthly income, made jointly by the persons in the household, as well as the amounts representing legal maintenance obligations to the children for whom the right and/or, as the case may be, to their parents are required. + Article 14 The application form, the affidavit for the request of the allowance, as well as the list of supporting documents on family members and the realized incomes are established by the methodological norms for the application of this law. + Article 15 (1) In order to verify the applicant's fulfilment of the conditions for granting the allowance, the mayor shall, on a mandatory basis, order the socioeconomic assessment of the family, through the social investigation. (2) The social survey shall be carried out, within a maximum of 15 working days from the date of registration of the application, by the staff of the public social assistance service under the local council or, as the case may be, by the staff of the with duties in the field of social assistance from the mayor's specialist apparatus. (3) The liability on the content of the social survey lies with the persons who carried out the social survey and ((4) 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 the allowance. + Article 16 (1) The establishment of the right to the allowance and its amount shall be made by written provision of the mayor. (2) Within 5 days from the conduct of the social survey, the mayor has the obligation to communicate to the applicants the provision of the right or rejection of the application. + Article 17 The right to the allowance shall be granted from the month of registration/application. + Article 18 The allowance holder is the family representative and the beneficiary is the family. + Article 19 The payment of the rights for the allowance shall be ensured by the county social benefits agencies, respectively of the city of Bucharest, hereinafter referred to as the territorial agencies, starting with the month following the one for which the right was established, by director's decision. + Article 20 The issuance of the decision of the director of the territorial agency shall be based on the mayor's disposition regarding the granting of the right to the allowance 10 10 para. ((1). + Article 21 For families who meet the conditions for granting the allowance, the mayor has the obligation to transmit to the territorial agency until the 5th of the following month, for the previous month, on the basis of borderou, the documents provided in art. 20. + Article 22 (1) The payment of the allowance shall be made by the territorial agencies on the basis of a postal mandate or, as the case may be, in the personal current account or card account (2) In case of payment of the rights to the allowance in the personal current account or card account, the territorial agencies shall make the payment through the bank units, on a borderou basis, with the payment of a bank fee. The banking commission cannot be more than 0.1% of the rights paid and will be established, through negotiation, at territorial level between territorial agencies and banking units. ((3) In case of payment of the rights to the allowance by postal order, the territorial agencies shall make the payment through the National Company "Posta Romana"-S.A., with the payment of a commission that may not be higher than that used in the case of other social assistance rights. (4) For the situation referred to in par. (3), the National Agency for Payments and Social Inspection concludes the convention with the National Company "Posta Romana"-S.A., with the opinion of the Ministry of Labour, Family and Social Protection. (5) The funds necessary to pay the commission provided in par. (2) and (3) shall be borne from the budget of the Ministry of Labour, Family and Social Protection, through the National Agency for Payments and Social Inspection, from the same funds from which the payment of rights to the allowance is borne. + Article 23 (1) If there are changes in the composition of the family and/or the income made by its members, the holder of the allowance shall have the obligation, within a maximum of 10 days, to communicate in writing to the mayor the changes. ((2) If the changes do not lead to the loss of entitlement to the allowance, the holder shall request the amendment of the amount of the right by a new application accompanied by the supporting documents on the changes. (3) The mayor has the obligation to order the verification, through the social investigation, of the intervening changes and to issue written provision regarding the new amount. (4) The mayor shall transmit to the territorial agency the documents provided 20, within the period provided in art. 21. ((5) The granting of the new amount of the allowance shall be made from the month following that in which the amendments occurred. + Article 24 (1) The holder of the allowance shall submit to the town hall of the commune, the city, the municipality or, as the case may be, the sector of the city of Bucharest in whose territorial area the family is domiciled or residing, every 3 months after the establishment of the right self-declaration on the family composition and income made by its members, the model of which is established by the methodological norms for the application of this law. (2) Failure to fulfill by the holder of the allocation of the obligation provided in par. (1) draws the suspension of the payment of the right from the month following that in which the obligation was found not to be fulfilled, by the mayor's (3) The suspension provided in par. (2) shall be maintained until the obligation provided in par. (1), but not more than 3 months. If within the period of 3 months the holder does not fulfil the obligation, the conditions for granting shall be deemed not to be met (4) If within the period provided in par. (3) the holder fulfils the obligation provided for in (1), the payment will resume based on the mayor's disposition, starting with the month following the one in which the holder presented the declaration on his own responsibility. + Article 25 (1) In order to comply with the conditions for granting the right to the allowance, the mayors have social surveys at the interval of 6 months or whenever needed. ((2) Where the beneficiaries of the allowance are also beneficiaries of the social assistance provided for by the Law no. 416/2001 , with subsequent amendments and completions, the social survey is carried out only once, for both social assistance benefits granted. (3) If there are changes that lead to the modification of the amount of the allowance or, as the case may be, the termination of the right to the allowance, the mayor shall issue the written provision, which he communicates to the territorial agency, accompanied by the social (4) In case of changing the amount of the allowance, under the conditions provided in par. ((3), it shall be granted from the month following that in which the social survey was carried out or, as the case may be, to the one in which the amendments intervened. (5) If following the social investigation provided in par. (1) there are changes regarding the composition of the family and/or the income made by its members, which were not communicated under the conditions provided in art. 23 23 para. ((1), the amounts collected as undue shall be recovered from the holder of the allowance, starting with the month following the one in which the changes occurred. (6) If the holder refuses to provide the necessary information for the preparation of the social investigation provided in par. ((1), it is considered that his family does not meet the conditions for granting the allowance and, based on a reasoned reference, the mayor's disposition of the granting of the right is issued. + Article 26 Social survey provided for in art. 15 15 para. ((1) and (2), art. 23 23 para. ((3), art. 25 25 para. ((1) and art. 28 28 para. (2) is drawn up according to the model approved by the methodological norms for the application of this law and constitutes the legal test for the courts, in relation to the right to the allowance. + Article 27 (1) For children of school age in the families referred to in art. 8 8 para. (1), the school inspectorate shall transmit to the territorial agency, in the month following the end of the school semester, the situation regarding the attendance of the courses by these children. The situation is transmitted electronically in the format agreed with the territorial agencies and will necessarily contain the name, surname, personal numerical code of children and family representatives, home address or residence and number of absences recorded. ((2) If unmotivated absences are found during a school semester, the amount of the allowance shall be reduced in proportion to the number of absences, as follows: a) with 20% for each child registering a number between 10 and 19 absentees; b) with 50% for each child registering a number of 20 absences. (3) If one of the children completes the compulsory general education and has not reached the age of 18 or one of the children repeats the school year for reasons other than medical ones, it shall be taken into account when establishing the average monthly net income of the family, but it is excluded from the number of children of the family considered when granting the right, and the allowance will be given accordingly to the number of children in the family who meet the conditions provided by law. (4) The reduction provided in par. (2) shall apply from the month following that in which the school inspectorate transmitted the situation referred to in par. (1), on the basis of which the condition referred to in art. 8 8 para. (1), and shall be maintained for a period of 3 months. (5) After the period of 3 months provided in par. ((4), the allowance shall be granted in the amount previously approved. (6) The territorial agency shall communicate to the mayor the nominal table with the beneficiary families for which the reduction provided in par. ((2), as well as those for which the modification of the amount is produced under the conditions provided in par. ((3). + Article 28 ((. The payment of the allowance shall be suspended in the month following that in which one of the following situations is found: a) during the period of placement or placement as a matter of urgency in a residential type service; b) the territorial agency finds that the right to the allowance was established on the basis of erroneous data on the family component or the income made or during the granting of their changes; c) for a period of 3 consecutive months shall be registered postal warrants returned for the holder of the allowance; d) the absences recorded and unmotivated by a child from the beneficiary family exceed the number of 20; e) the beneficiary families have not fulfilled the obligation provided in art. 24 24 para. ((1); f) repealed; ---------- Lit. f) a par. ((1) of art. 28 28 has been repealed by section 6.6. 1 1 of art. I of EMERGENCY ORDINANCE no. 26 26 of 28 June 2016 , published in MONITORUL OFFICIAL no. 486 486 of 29 June 2016. g) following the control carried out by the social inspectors or representatives of the Court of Accounts of Romania, erroneous data on the composition of the family or income of the beneficiaries were found. (2) In the situation referred to in par. ((1) lit. b) and c), the director of the territorial agency requests the city hall in whose territorial area the family lives the verification of the situation, through After verification, the rights not granted by the holder shall be paid to him on the basis of application registered with the territorial agency. (3) In the situation referred to in par. ((1) lit. d), the payment of the allowance is suspended until the next situation transmitted by the school inspectorate, but not more than 6 months. If a number of less than 20 absences are found from the situation transmitted by the school inspectorate, the payment of the allowance shall be resumed under the conditions provided in art. 27 27 para. ((2) and (3). The territorial agency communicates the nominal table with the families for which the payment of the allowance was suspended. + Article 29 Repealed. ---------- Article 29 has been repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 26 26 of 28 June 2016 , published in MONITORUL OFFICIAL no. 486 486 of 29 June 2016. + Article 30 Repealed. ---------- Article 30 was repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 26 26 of 28 June 2016 , published in MONITORUL OFFICIAL no. 486 486 of 29 June 2016. + Article 31 Repealed. ---------- Article 31 has been repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 26 26 of 28 June 2016 , published in MONITORUL OFFICIAL no. 486 486 of 29 June 2016. + Article 32 The right to allowance shall cease in the month following that in which the beneficiary no longer meets the conditions laid down by this Law + Article 33 (1) The reduction of the amount of the allowance under the conditions provided in art. 27 27 para. ((2) and (3), as well as the suspension of the payment of the allowance provided in 28 are made by decision of the director of the territorial agency, and the termination of the right shall be established by written provision (2) The decision of the director of the territorial agency, as well as the disposition of the mayor, shall be communicated to the holder within 5 days + Article 34 (1) The amounts collected unearned as an allowance shall be recovered from the holder of the right to allowance within the limitation period, established by law for budgetary claims. ((1 ^ 1) The amounts referred to in par. ((1) is recovered under the conditions laid down by Government Emergency Ordinance no. 44/2014 for the regulation of measures for the recovery of debts for social assistance benefits, as well as for the amendment art. 101 101 of Law no. 448/2006 on the protection and promotion of disability rights. --------- Alin. ((1 ^ 1) of art. 34 34 has been introduced by section 3 3 of art. II of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. (2) The recovery of the amounts paid uncuincome by way of allowance shall be made by the territorial agency, by decision of the director, which shall be communicated to the debtor within 15 days. (. The recovery decision shall constitute an enforceable title from the date of communication. (4) In order to recover the amounts unduly paid, the legal representative signs a payment commitment at the request of the right (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 III Transitional and final provisions + Article 35 (1) Failure to comply with art. 15 15 para. ((1), art. 16 16 para. ((2), art. 21 21, art. 23 23 para. ((3) and (4), art. 25 25 para. ((1) and (2), art. 33 33 para. ((2) and art. 34 34 para. (2) constitutes a contravention and is sanctioned with a fine of 200 lei to 500 lei. ---------- Alin. ((1) of art. 35 35 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 26 26 of 28 June 2016 , published in MONITORUL OFFICIAL no. 486 486 of 29 June 2016. (2) The finding of contraventions and the application of sanctions shall be made by the Ministry of Labour, Family and Social Protection, through the control bodies. (3) The amount of the contravention fines provided in par. (1) is amended by Government decision. + Article 36 Provisions art. 35 the provisions of 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. + Article 37 Based on internal control the National Agency for Payments and Social Inspection checks, by survey, at the level of territorial agencies the correctness of the data entered and the establishment of the payment of rights at The irregularities found are sanctioned under the law. + Article 38 The allowance is a form of special purpose support, granted from the state budget, and is not taken into account when establishing legal payment obligations or other social assistance benefits and is subject to forced execution, under conditions. the provisions on the forced execution of budgetary claims, only for the recovery of amounts unduly paid by this title. + Article 39 (1) The funds for the payment of the allowance, as well as for the expenses with the transmission of the right to the allowance shall be ensured from the state budget, through the budget of the Ministry of Labour, Family (2) The administrative expenses for verifying the fulfilment of the conditions and establishing the rights at the allowance shall be borne from the local budget of the administrative + Article 40 The Ministry of Labour, Family and Social Protection, through the National Agency for Payments and Social Inspection, monitors the application of the provisions of this law. + Article 41 (1) The written provision of the mayor regarding the establishment or rejection of the right to the allowance and the decision of the director of recovery of the undue collected amounts can be attacked according to the Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. (2) Applications, actions and remedies regarding entitlement to the allowance shall be exempt from stamp duty. + Article 42 ((1) The families who have established by December 31, 2010 the right to the complementary family allowance or the support allowance for the single parent family, in order to ensure the payment since 2011 of the allowance provided by this law, have the obligation to submit the application and supporting documents for the establishment of the right, from 1 to 30 January 2011. (2) For the families referred to in par. (1) mayors do not have the obligation to order the social investigation. (3) For the families referred to in par. (1), the incomes that are taken into account when establishing the right to the allowance provided by this law are those made in the month before the application. + Article 43 This Law shall enter into force on 1 January 2011. + Article 44 The Ministry of Labour, Family and Social Protection, the Ministry of Administration and Interior and the Ministry of Education, Research, Youth and Sports will develop the methodological norms for the application of the provisions of this law, which are approved by Government decision *), within 30 days of the entry into force of this Law. ---------- * *) See Government Decision no. 38/2011 for the approval of the methodological norms for the application of Law no. 277/2010 on the family support allowance, published in the Official Gazette of Romania, Part I, no. 56 56 of 21 January 2011, with subsequent amendments and completions. + Article 45 On the date of entry into force of this Law, Government Emergency Ordinance no. 105/2003 on the complementary family allowance and the support allowance for the single parent family, published in the Official Gazette of Romania, Part I, no. 747 of 26 October 2003, approved with additions by Law no. 41/2004 , as amended, shall be repealed. Note
NOTE:
We reproduce below provisions that were not included in the republished form of Law no. 277/2010 and which continue to apply as own provisions of the amending acts:
1. Art. VI, VII, VIII, IX and X of Government Emergency Ordinance no. 124/2011 :
" Art. VI. -Throughout the Law no. 61/1993 on the State allowance for children, republished, of Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, of Government Emergency Ordinance no. 148/2005 on family support in order to increase the child, approved with amendments and additions by Law no. 7/2007 , as amended and supplemented, the Government Emergency Ordinance no. 111/2010 on parental leave and allowance, approved with amendments by Law no. 132/2011 ,, and al Law no. 277/2010 on the family support allowance, as amended, the name "National Agency for Social Benefits" is replaced by the name "National Agency for Payments and Social Inspection", name " direction of work and protection social "is replaced by the name" agency for payments and social inspection ", and the name" territorial directions "is replaced by the name" territorial agents ".
Art. VII. -(1) This emergency ordinance shall enter into force on 1 January 2012. (2) On the date of entry into force of this emergency ordinance, art. 12-14 12-14, as well as art. 58 58 para. ((8) of Law no. 448/2006 on protection and promotion of the rights of persons with disabilities, republished in the Official Gazette of Romania, Part I, no. 1 of January 3, 2008, with subsequent amendments and completions, as well as any other provision to the contrary. (3) The provisions of art. II section 3, as well as art. V section 4 4 shall apply as follows: a) from 1 January 2012, for applications submitted with this date; b) from the date on which the time limit laid down art. 14 ^ 1 of Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, respectively art. 25 25 para. ((1) * *) of Law no. 277/2010 on the family support allowance, as amended, in the case of the rights established by the Mayor until 31 December 2011, but no later than 31 March 2012.
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** **) Art. 25 para. (1) became in the republished form of Law no. 277/2010 art. 24 24 para. ((1). (4) Until the end of the term provided in par. ((3) lit. b), the rights of social assistance, respectively of the family support allowance shall be maintained in the amounts previously established. (5) For rights reassessed under the conditions of par. (3) the mayor issues a new provision.
Art. VIII. -The provisions regarding the finding of contraventions and the application of sanctions come into force in accordance with the regulations art. 4 4 para. (2) of 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.
Art. IX. -Within 30 days from the date of entry into force of this emergency ordinance, the Ministry of Labour, Family and Social Protection shall develop the decisions to amend and supplement the Methodological Norms for the application of the provisions Law no. 416/2001 on the guaranteed minimum income, approved by Government Decision no. 50/2011 , as amended, of the Methodological Norms for the application of the provisions Government Emergency Ordinance no. 111/2010 on the monthly parental leave and allowance approved by Government Decision no. 52/2011 ,, and the methodological norms for the application of the provisions Law no. 277/2010 on family support allowance approved by Government Decision no. 38/2011 .
Art. X. -Within 30 days from the date of entry into force of this emergency ordinance, the National Agency for Payments and Social Inspection has the obligation to take the necessary measures to modify the computer program in order to implement the provisions of this emergency ordinance. "
2. Art. II, III, IV, V and VI of Law no. 166/2012 :
"" Art. II. --The amendments made by this Law to art. 1 of Government Emergency Ordinance no. 148/2005 on family support in order to increase the child, approved with amendments and additions by Law no. 7/2007 , with subsequent amendments and completions, and to art. 2 2 para. ((2) and (3), art. 7 7, 9 and art. 30 30 para. (2) of Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved with amendments by Law no. 132/2011 , with subsequent amendments and completions, shall apply from the rights of October 2012, including for persons whose rights have been established until this date.
Art. III. --(1) The amendments made by this Law to art. 8 8 para. ((1) of Law no. 416/2001 on the guaranteed minimum income, as amended and supplemented, shall apply from October 2012. (2) For the rights of social assistance, respectively of the family support allowance established until the date provided in par. (1), the new amounts, calculated according to the provisions art. 8 8 of Law no. 416/2001 , with subsequent amendments and completions, as well as those brought by this law, shall apply from the date on which the verification period provided for in art. 14 ^ 1 of Law no. 416/2001 , with subsequent amendments and completions, respectively art. 25 25 *) of Law no. 277/2010 on the family support allowance, with subsequent amendments and completions.
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* *) Art. 25 became in the republished form of Law no. 277/2010 art. 24.
Art. IV. -(1) If the rights regulated by Law no. 416/2001 on the guaranteed minimum income, as amended and supplemented, Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved with amendments by Law no. 132/2011 , with subsequent amendments and completions, and Law no. 277/2010 on the family support allowance, with subsequent amendments and completions, have ceased as a result of non-payment of local taxes and fees, they can be requested again, by submitting a new application and supporting documents, respectively to the mayor of the locality of residence or residence or, in the case of Government Emergency Ordinance no. 111/2010 , approved with modifications by Law no. 132/2011 , with subsequent amendments and completions, to the agencies for payments and county social inspection, respectively of the city of Bucharest. (2) In the situation of regulated rights Government Emergency Ordinance no. 111/2010 , approved with modifications by Law no. 132/2011 , with subsequent amendments and completions, the right shall be granted from the date on which the application was submitted and the existing documents may be taken into account.
Art. V.-(1) Persons who on the date of entry into force of this Law are in the 4 months of unpaid leave for child rearing as granted on the basis of art. 10 of Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved with amendments by Law no. 132/2011 , with subsequent amendments and completions, prior to the amendments made by this law, or who have completed this leave, but the child has not reached the age of one year, 2 years or 3 years in the case of the disabled child, are entitled to leave for raising the child and the related allowance, from the date of application. (2) Employers are required to approve parental leave, under the conditions art. 25 of Government Emergency Ordinance no. 111/2010 , approved with modifications by Law no. 132/2011 , with subsequent amendments and completions, otherwise being applicable to the sanctions provided for in art. 26 of Government Emergency Ordinance no. 111/2010 , approved with modifications by Law no. 132/2011 , with subsequent amendments and completions.
Art. VI. -Within 30 days from the entry into force of this Law, the Ministry of Labour, Family and Social Protection shall develop the amendments and completions of the Methodological Norms for the application of the provisions Law no. 416/2001 on the guaranteed minimum income, approved by Government Decision no. 50/2011 , as amended and supplemented, of the Methodological Norms for the application of the provisions Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved by Government Decision no. 52/2011 , with subsequent amendments and completions, and the Methodological Norms for the application of the provisions Law no. 277/2010 on family support allowance approved by Government Decision no. 38/2011 ,, as amended and supplemented. "
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