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Law No. 196 Of 31 October 2016 Concerning Minimum Income Inclusion

Original Language Title: LEGE nr. 196 din 31 octombrie 2016 privind venitul minim de incluziune

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LEGE no. 196 196 of 31 October 2016 on the minimum inclusion income
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 882 882 of 3 November 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The provisions of this law regulate the minimum income of inclusion, benefit of social assistance to families and single persons in situation of difficulty, in order to prevent and combat poverty and risk of social exclusion. (2) The situation of difficulty is the situation of persons who, at a time, during their lifetime, from socioeconomic, health and/or social causes resulting from the social life environment, have lost or been limited their own Social integration capabilities. + Article 2 The minimum inclusion income belongs to the category of selective social assistance benefits defined in art. 8 8 para. ((1) lit. a) of the Social Assistance Law no. 292/2011 ,, as amended. + Article 3 (1) The minimum inclusion income is the financial support provided by the State for the purpose of ensuring the minimum standard of living, as defined by art. 54 54 of Law no. 292/2011 , as amended, for families and single persons in the situation provided for in art. 1 1 para. (2), as well as to prevent the risk of child poverty and to stimulate their participation in the education system. (2) In order to meet the purpose provided in par. ((1), the minimum inclusion income shall be composed of one or more of the following categories of financial aid: a) inclusion aid; b) help for the family with children; c) supplement for housing. ((3) Depending on the needs of the family/single person, the minimum income of inclusion is accompanied by other complementary social assistance measures, granted in money and/or in kind, as follows: a) incentives; b) contributory facilities; c) other complementary rights. ((4) The amounts related to the minimum income of inclusion and complementary social assistance measures provided in par. (3) is granted from the state budget and, as the case may be, from local budgets. + Article 4 For situations of difficulty of one or more family members whose identified need constitutes a particular situation and require individualized intervention, emergency aid and/or community aid may be granted, supported from the state budget and local budgets, respectively. + Article 5 Financial aid components of the minimum inclusion income and complementary social assistance measures provided for in art. 3, as well as the aid provided in art. 4 are thus defined; a) inclusion aid-financial aid granted to families with incomes located below the level provided for in art. 9 9 para. ((3) lit. a), in order to ensure daily life necessities; b) aid for the family with children-financial aid granted to families with incomes located below the level provided in art. 9 9 para. ((3) lit. b), which have in maintenance one or more children aged up to 18 years, in order to prevent the risk of child poverty and to stimulate its participation in the education system; c) supplement for housing-financial aid granted as a measure to combat energy poverty, for single persons or families with incomes located below the level provided for in art. 9 9 para. ((3) lit. c), in order to cover all or part of the household heating expenses during the cold season; d) incentives-special incentive measures for participation in the labor or health market, granted in money or that represent deductions applied to the person's income; e) contributory facilities-financial transfers for the payment of health insurance contributions for certain categories of beneficiaries of the measures provided for by this Law; f) other complementary rights-financial transfers for the payment of compulsory home insurance under the conditions Law no. 260/2008 on compulsory housing insurance against earthquakes, landslides and floods, republished; g) Community and emergency aid-financial and/or in-kind aid, intended to support family/single person to overcome situations of temporary difficulty that may lead to the risk of poverty and social exclusion, such as those caused by natural calamities, fires, loss of home, health conditions that require treatments that are not fully covered by social health insurance. + Article 6 (1) For the purposes of this law, the following terms and expressions have the following meanings: a) single person-is the person in one of the following situations: 1. the person who has reached the age of 18, lives alone and is no longer in the maintenance of his parents, as well as the person aged 16 to 18, who lives and manages himself and has anticipated exercise capacity, according to the art. 40 40 of Law no. 287/2009 on the Civil Code, republished, as amended; 2. the person over the age of 18 who lives with his parents or with other single persons or families and who obtains/does not obtain their own income from salaries and/or other activities; 3. each spouse, in the case of spouses separated in fact with different domiciles, if this situation is proven by field verification; b) family-is a family of persons in one of the following situations: 1. husband and wife, married under the law, who live together; 2. husband and wife with their unmarried children, in maintenance aged up to 18 years or up to 26 years for those who follow a form of education-day courses, organized according to the law, with the domicile or common residence registered in identity documents and living together; 3. the unmarried man and woman who live and live together, if this situation is confirmed in the field check; 4. the unmarried man and woman who live and live together, with their unmarried children and/or each of them, being up to 18 years of age or up to 26 years old if they follow a form of education-day courses, organized according to the law, which live together, if this situation is confirmed in the field check; 5. siblings without children, who manage together and have their domicile or common residence, separated from their parents ' residence or residence; 6. parent/parents who live/live with their dependent children, over the age of 18 and who have a certificate of person classified in a degree of disability/disability accented/or grav/a; c) monoparental family-designate the family made up of the single person and the dependent child/children, aged up to 18 years or up to 26 years for those who follow a form of education-day courses, organized according to the law, and who live and manage together; d) single person in the single parent family-the person who is in one of the following situations: 1. is unmarried; 2. is a widow; 3. is divorced; 4. whose husband/wife is declared/declared deceased/deceased by court decision; 5. whose spouse is in one of the situations referred to in art. 178 lit. c) or d) of Law no. 287/2009 , republished, as amended; 6. whose husband/wife is 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; 7. has not reached the age of 18 years and is in one of the situations referred to in point 1-5 1-5; 8. was appointed guardian or was entrusted or given in foster care one or more children and is in one of the situations referred to in point (a). 1-5 1-5; e) persons who live and manage together-persons who cumulatively meet the following conditions: 1. live together in the same building/dwelling and/or, as the case may be, have their domicile or common residence, registered in the 2. contribute together to the purchase or to the realization of some goods and income from their valorization or consumption; f) persons without domicile or residence and without dwelling, hereinafter referred to as homeless persons-persons who do not own a main dwelling or, as the case may be, a secondary dwelling, under the law, and living in the street or in shelters improvised times in residential centers for homeless people; g) child in maintenance-the person who has not reached the age of 18 and has not acquired the full capacity of exercise, under the law, as well as the young man up to 26 years old who follows a form of education-day courses, organized according to law They are considered in maintenance and the children entrusted for adoption, those in foster care in a person or family or for whom guardianship was established, according to the law, young people over the age of 18 who, under the law, are declared persons with severe or severe disabilities; h) right-term used to define any of the benefits of social assistance; i) eligibility conditions-the mandatory conditions provided by law for granting one or more components of the minimum income of inclusion; j) vulnerable consumer-the household customer, the single person or the family who cannot provide from their own budget the full coverage of the expenses related to the heating of the home and whose income is located within the limits provided by the law; k) cold season-the period of 5 months between November 1 of this year and March 31 of the following year. The cold season period can be extended in one or more counties, at the request of county councils. The conditions under which the cold season period is extended, the extension period, as well as the procedure for granting home heating aid during this period are approved by Government decision, at the proposal of the Ministry of Development Regional and Public Administration and Ministry of Labour, Family, Social Protection and Elderly; l) temperature zone-grouping of counties according to the average multiannual temperatures recorded, set out in Annex no. 1 1; m) home or residence dwelling-the construction with the destination of the dwelling owned by the holder of the aid/financial aid or rented or on which a right of use is exercised under the law, located at the address entered in the identity documents of the single person/family members or, as the case may be, the address to which the persons are entered in the immovable book and are taken into account when establishing the maintenance expenses of the home. It is assimilated to home or residence and housing of necessity, as well as social housing, as defined according to the provisions Home Law no. 114/1996 , republished, with subsequent amendments and completions; n) testing of livelihoods-the assessment of money incomes, goods and incomes that can be obtained by the valorization/use of movable and immovable property in the property or use of the family or single person; o) net income-represents the totality of the amounts received/made by the single person, respectively by each family member. These include non-taxable income provided for in art. 62 62 of Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, the amounts representing the value obtained after applying the tax rate on the taxable income established according to Law no. 227/2015 , with subsequent amendments and completions, legal maintenance obligations to children and/or to parents and other legal claims, except for those provided in art. 10 10 para. ((2); p) incomes from agricultural activities-incomes obtained individually or in a form of association, without legal personality, from the cultivation of vegetal agricultural products, the exploitation of vine plantations, fruit trees, fruit shrubs and others Animal breeding and exploitation, including the use of animal products, in a natural state; q) school age-the age from which the child is integrated into compulsory school education; r) preschool age-the age from which the child can be integrated into the preschool education, respectively in an early education unit: nursery or kindergarten; s) adjusted monthly net income-the amount that returns to each family member from its total monthly net income, after applying the equivalent coefficients corresponding to the family size; t) equivalence coefficients-unit of measure used to calculate the adjusted monthly net income; u) field verification-the procedure for establishing the veracity of the information provided by the applicants, at their domicile/residence, in order to establish the conditions for granting the right; v) energy poverty-designate the impossibility of the vulnerable consumer defined in j) coverage of minimum energy needs on optimal heating of the home during the cold season; w) risk analysis-is the systematic use of available information to mitigate the risk of error and fraud in the granting of social assistance benefits, to identify hazards from the perspective of effective use of public funds. (2) Parents and their unmarried children over the age of 18 who do not attend a form of education organized according to the law or their parents and their unmarried children over the age of 26 who attend an organized form of education according to the law, which live and/or manage together, constitute separate families. (3) Within the meaning of this law, the person alone defined in par. ((1) lit. a), in his capacity as a beneficiary of the minimum income of inclusion, he considers himself a family member. (4) For the purposes of paragraph ((1) lit. m) shall not be considered the dwelling place of domicile or residence institutions of social assistance or other social settlements, including those established and administered by religious cults for monastic purposes. + Article 7 (1) Benefit from the regulations of this law families and single persons, Romanian citizens, who have their domicile or residence in Romania. (2) Families and single persons, Romanian citizens, without domicile or residence and without housing, hereinafter referred to as homeless persons, benefit from the minimum income of inclusion only during the period in which they are in the public services record of social assistance from the level of administrative-territorial units in which they live. ((3) Benefit from the minimum income of inclusion and families and single persons who do not have Romanian citizenship, if they are in one of the following situations: a) are citizens of a Member State of the European Union, of the European Economic Area, of the Swiss Confederation or foreigners, hereinafter referred to as foreign nationals, during their domicile or, as the case may be, residence in Romania, under the conditions Romanian legislation; b) are foreign or stateless citizens who have been granted a form of protection under the law; c) are stateless persons who are domiciled or, as the case may be, residence in Romania, under the law. + Chapter II Determining the amount of the minimum inclusion income + Section 1 General conditions + Article 8 (1) The amount of the minimum inclusion income provided for by this Law, as well as the income level shall be reported to the social reference indicator, hereinafter referred to as ISR, in compliance with the provisions art. 14 14 para. ((1)-(4) of Law no. 292/2011 ,, as amended. (2) If from the calculation in lei of the minimum income of inclusion results in money, they shall be rounded to 1 leu in favour of the beneficiary. (3) If there are changes in the income and/or number of family members due to which increases or decreases in the amount granted as a minimum income of inclusion up to 10 lei, respectively 0.020 ISR, the amount it does not change. + Article 9 (1) The minimum income of inclusion family and single person deprived of income or whose income does not cover the minimum standard of living, if they meet the eligibility conditions provided by this law and whose net income Adjusted monthly are up to 600 lei, including 1,200 ISR. (. The equivalence coefficients corresponding to the family size, hereinafter referred to as the equivalence coefficients used in the establishment of the adjusted monthly net income, are: a) 1-for the person alone or for a single family member; b) 0.5-for each person in addition, adult or child. (3) The minimum inclusion income shall be the sum of the amounts related to the financial aid referred to in art. 3 3 para. ((2), which shall be determined by reference to the adjusted monthly net income made by the family within the following limits: a) for inclusion aid, up to an adjusted monthly average net income of 260 lei inclusive, respectively 0,520 ISR, which is taken into account when establishing the cumulative incomes of the family, respectively up to an adjusted average monthly net income of 300 lei including, respectively, ISR 0,600, which is taken into account when determining the income of the single person aged 60 years or more; b) for the help of family with children, up to an adjusted monthly net income of 600 lei, including 1,200 ISR; c) for the housing supplement, up to an adjusted monthly net income of 600 lei, including 1,200 ISR, respectively, and in the case of single persons aged at least 60 years, up to an adjusted monthly net income of 800 lei, including 1,600 1,600 ISR. + Article 10 (1) For the calculation of the adjusted monthly net income, all net income defined according to art. 6 6 para. ((1) lit. o), which the family members or the single person realized in the month before the request for the minimum income of inclusion. (2) When determining the monthly net income of the family according to the provisions of ((1), the following incomes shall not be taken into account: a) amounts received as social benefits on the basis of Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, as amended and supplemented; b) State allowance for children granted on the basis of Law no. 61/1993 on the state allowance for children, republished, as amended; c) State aid granted for agricultural activities from public funds, according to the law, including those from non-reimbursable external funds; d) the amounts granted as scholarships or other forms of financial support intended exclusively for the support of the education of preschoolers, students and students, through programs of the Ministry of National Education and Scientific Research, other public institutions and private, including nongovernmental organizations; e) the amounts received from the activity carried out as day labourers, Law no. 52/2011 on the exercise of occasional activities carried out by day laborers, republished; f) the amounts received by able-bodied persons from the family as a result of participation in vocational training programs organized under the law, if they do not have a salary income; g) the amounts received occasionally from natural or legal persons, as well as the amounts as emergency aid received from the state or local budget. ((3) If at least one of the family members has ownership, rental, convenience or other form of possession at least one of the goods contained in the List of goods leading to the exclusion of the minimum income of inclusion, it does not benefit from this right. (4) List referred to in par. (3) is established by the methodological norms for the application of the provisions of this law and can be updated annually, by Government decision, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly. (5) In the case of the family 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 valorization or consumption, when establishing the income of the family shall be taken into account both the net monthly income of its own and the share of entitlement from the net monthly income, jointly realized by the persons in the household, as defined in art. 6 lit. o) of Law no. 292/2011 ,, as amended. + Article 11 For the stimulation of an active life and participation in the labour market, in a situation where one or more family members make income on the basis of an individual employment contract, service report or other legal form of employment, or family members carry out independent or agricultural activities, 50% of their totality, but no more than 400 lei/family, respectively 0,800 ISR, are not taken into account when establishing the monthly net income of the family. + Article 12 Within the meaning of this law, the able-bodied person is the person who cumulatively meets the following conditions a) is aged between 16 years and the standard retirement age, provided by law; b) does not follow a form of education-day courses, provided by law; c) has the state of health and the appropriate physical and mental capacity for the provision of work. + Article 13 (1) Persons able-bodied who do not make income on the basis of an individual employment contract, service report or other legal form of employment, nor from self-employment or agricultural activities as defined by Law no. 227/2015 , with subsequent amendments and completions, are taken into account in determining the number of family members for determining the family income level only if they are in the records of the territorial employment agency in the whose territorial area is domiciled or domiciled, hereinafter referred to as the territorial employment agency, as persons seeking employment and who have not refused employment or participation in services for Stimulating employment and training offered by these agencies. (2) Provisions of para. ((1) shall also apply to homeless persons, only if they are in the records of the territorial agency for the employment of competent work at the level of the administrative-territorial units in which they live. (3) The provisions of par. ((1) shall not apply to single persons and to members of families who require minimum income of inclusion only for the component represented by the housing supplement. + Article 14 Make exception to the provisions of art. 13 13 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, as well as of the one/those aged up to 18 years, if he/they are/are classified/assigned to the degree of disability/disability accentuated/proved by certificate issued under the law; b) ensure the care of one or more persons with disabilities/disability/serious/serious disability or accentuated/emphasized who do not benefit from personal assistant, under the law; c) ensure the care of one or more dependent elderly persons, as defined in art. 1 1 para. (3) of Government Decision no. 886/2000 for the approval of the National Grid for the assessment of the needs of elderly people, who do not benefit from home care, under the law; d) follows a form of education-day courses, provided by law; e) participate in a training program; f) is assigned to work. + Section 2 Determination of the amount of inclusion aid + Article 15 (1) For the component of the minimum inclusion income represented by the inclusion aid, its maximum amount is 260 lei/month, respectively 0,520 ISR, except for the single person aged 60 years, where the amount the maximum of the inclusion aid is 300 lei/month, respectively 0,600 ISR. (2) The maximum amount of the inclusion aid that may be granted shall be calculated according to the number of family members, starting from the reference value represented by the maximum monthly amount provided in par. ((1), to which the equivalence coefficients referred to in art. 9 9 para. ((2). + Article 16 The amount of the inclusion aid shall be determined as the difference between the level of the maximum amount of the inclusion aid calculated under the terms of Article 15 for the whole family or single person, and the level of monthly net income made by the family or by the person alone in the month before the request of the right, with the 10 10 and 11. + Article 17 In the case of the single person aged at least 60 years, the limit of the adjusted monthly net income provided for in art. 9 9 para. ((3) lit. a) and the maximum amount of the aid provided in art. 15 are set at 300 lei and 0,600 ISR respectively. + Section 3 Determination of the amount of aid for the family + Article 18 (1) The component of the minimum income of inclusion represented by the family with children is granted according to the level of the adjusted monthly net income and the number of children in the family. (2) For the beneficiary family of inclusion aid, as well as for the one with adjusted monthly net incomes of up to 260 lei/month, respectively 0,520 ISR, the monthly amount of the aid for the family with children is established as follows: a) 107 lei, respectively 0,214 ISR, for the family with a child; b) 214 lei, respectively 0,428 ISR, for the family with 2 children; c) 321 lei, respectively 0,642 ISR, for the family with 3 children; d) 428 lei, respectively 0,856 ISR, for the family with 4 children or more. (3) For the monoparental family the beneficiary of inclusion aid, as well as for the one with adjusted monthly net income of up to 260 lei/month, respectively 0,520 ISR, the monthly amount of the aid for the family with children is established as follows: a) 120 lei, respectively 0,240 ISR, for the family with a child; b) 240 lei, respectively 0,480 ISR, for the family with 2 children; c) 360 lei, respectively 0,720 ISR, for the family with 3 children; d) 480 lei, respectively 0,960 ISR, for the family with 4 children or more. (4) For families who have an adjusted monthly net income of between 261 lei/month, respectively 0,522 ISR, and 600 lei inclusive, respectively 1,200 ISR, the monthly amount of aid for the family with children is established as follows: a) 85 lei, respectively 0,170 ISR, for the family with a child; b) 170 lei, respectively 0,340 ISR, for the family with 2 children; c) 255 lei, respectively 0,510 ISR, for the family with 3 children; d) 340 lei, respectively 0,680 ISR, for the family with 4 children or more. (5) For single parent families who have an adjusted monthly net income of between 261 lei/month, respectively 0,522 ISR and 600 lei inclusive, respectively 1,200 ISR, the monthly amount of aid for the family with children is established as follows: a) 100 lei, respectively 0,200 ISR, for the family with a child; b) 200 lei, respectively 0,400 ISR, for the family with 2 children; c) 300 lei, respectively 0,600 ISR, for the family with 3 children; d) 400 lei, respectively 0,800 ISR, for the family with 4 children or more. + Article 19 (1) In the case of families who have in maintenance children of school age, the aid for the family with children is granted in the amounts provided in art. 18, provided that each child attends without interruption a form of education, organized according to the law, except for those who interrupt them for medical reasons. (2) The amount of aid for the family with children, granted according to the provisions of (1), shall be reduced in relation to the number of children in the family, as follows: a) with 50% of the amount of each child in the family, for the month in which he records more than 15 unmotivated absences; b) with the amount of each child in the family for the month in which the child registers more than 30 unmotivated absences; c) with the amount of each child in the family, during the period when the child interrupts the school year, except in situations where the interruption is caused for reasons of a medical nature; d) with the amount of each child in the family, while the child repeats the school year for reasons other than those of a medical nature. (3) If one of the children no longer attends the school courses, he is no longer taken into account either at the establishment of the adjusted monthly net income or at the establishment of the amount of the aid for the family with children. (4) If the child who attends the school has reached the age of 18 during a school year, the aid for the family with children is granted until the completion of the school year in which he is enrolled. (5) For the months in which the school holiday is granted, according to the law, the aid for the family with children is granted in the amounts provided in art. 18 18 para. ((2)-(5). (6) For families who have dependent children with disabilities/serious or accentuated/sharp disability, of school age, the condition provided in par. ((1) shall not apply. (7) The professional maternal assistant shall benefit from family assistance with children only for his children, taking into account the establishment of the right of all income earned by family members, except those coming from the allowances of placement and other amounts granted to the maternal assistant as a result of the establishment of the placement measure, under the law. + Section 4 Determination of the amount of the housing supplement + Article 20 (1) The housing supplement is awarded in differentiated amounts, depending on the classification of the adjusted monthly net income, within the income limits established by this law, for a single system used for home heating or residence, during the cold season, declared by the family or the person alone in the application provided in art. 29 29 para. ((2). ((2) The supplement provided in par. (1), depending on the heating system used in the home or residence, consists of the following categories of home heating aid: a) heat aid in a centralised system, hereinafter referred to as heat aid; b) natural gas aid; c) aid for electricity; d) aid for solid fuels or oil tankers. (3) The housing supplement is granted only to families and single persons who do not benefit from other forms of home heating support granted under employment contracts or other specific regulations for various branches. economic, except for the situation provided in art. 27 27 para. ((3). + Article 21 (1) The balance of heat energy supplied in a centralised system, the quantity of natural gas and/or electricity consumed per month by the vulnerable consumer shall be highlighted in invoices issued by suppliers, hereinafter referred to as invoices. (2) In the case of thermal energy supplied in a centralized system, for the granting of the housing supplement, the average monthly consumption representing the amount of heat energy, measured in the gigacalories, necessary for heating the dwelling, is calculated, established for family or single person, by type of apartment/dwelling, depending on the temperature area, according to Annex no. 2. + Article 22 (1) Vulnerable consumers represented by families or single persons with adjusted monthly net average incomes of up to 600 lei inclusive, respectively 1,200 ISR, benefit from the supplement for housing, granted from the state budget. (2) Vulnerable consumers represented by single persons aged at least 60 years with adjusted monthly net incomes of up to 800 lei inclusive, respectively ISR, benefit from the supplement for housing, granted from the state budget. + Article 23 (1) The amounts of the housing supplement, regardless of the heating system used, shall be calculated according to the monthly net income adjusted per family member, by percentage compensation of the heating expenses, applied as follows: a) at the reference value of the monthly aid for thermal energy supplied in a centralized system, calculated within the limit of the average monthly consumption defined in art. 21 21 para. ((2) and the price of gigacaloria; b) at the reference value of the monthly aid for natural gas of 260 lei and 0,520 ISR; c) at the maximum amount of monthly aid for electricity of 240 lei and 0,480 ISR; d) at the maximum amount of monthly aid for solid fuels or oil tankers of 80 lei and 0,160 ISR respectively. (2) The amount of the supplement for housing, for each of the aid provided in art. 20 20 para. ((2) lit. a)-c), it is deducted from the invoice certifying the value of the consumption, monthly, by the thermal energy suppliers in centralized system, natural gas and electricity. + Article 24 (1) The level of percentage compensation provided for in art. 23 is 100% for families and single persons beneficiaries of inclusion aid established according to the provisions of this law or with adjusted monthly net income of up to 260 lei, including, respectively, ISR 0,520. (2) If, from the calculation of the housing supplement, a compensation level of less than 10% results, the percentage compensation applied shall be 10%. + Article 25 (1) The housing supplement shall be granted to single persons and families only for their home or, as the case may be, their residence. ((. Where two or more families or single persons live in the same housing space, the housing supplement shall be granted on behalf of the holder of the contract concluded with the supplier in the system used for heating the dwelling, respectively the supplier of thermal energy in centralized system, natural gas or electricity. (3) In the situation referred to in par. (2), as the case may be, proceed as follows: a) if only one family or the single person of those who live together is eligible for the granting of the minimum inclusion income, the maximum amount of heating aid for thermal energy in centralized system, for natural gas or for electricity, taken into account in the application of the percentage compensation, shall be determined according to the share of the housing area of the family or single beneficiary of the right; b) if all families and single persons living together are eligible for the granting of minimum inclusion income, the maximum amount of heating aid for thermal energy in centralized system, for natural gas or for electricity, taken into account in the application of the percentage compensation, shall be determined according to the provisions of a), and the amount of the heating aid, granted on behalf of the contract holder concluded with the heating supplier, is made up of the totality of the amounts representing the housing supplement calculated for each family and the single person beneficiary of the right. + Article 26 (1) In order to support, during the cold season, vulnerable consumers who use, for home heating, heat in centralized system, local public administration authorities have the obligation to establish, by decision of the local council, one or more social protection measures incurred from local budgets, as follows: a) monthly subsidies to cover the difference between the price of production, transport, distribution and supply of thermal energy delivered to the population and the local price of thermal energy invoiced to the population; b) monthly aid for heating the dwelling with thermal energy, in addition to those granted from the state budget; c) both monthly subsidies provided in lett. a), as well as monthly aid provided in lett. b). (2) The value of the social protection measures provided in par. ((1) must be at least 10% of the total amount of heating aid granted from the state budget. (3) Depending on own resources, the local public administration authorities may approve, by decision of the local council, monthly home heating aid over the income tranches and the amounts used for the calculation of the supplement Heating granted from the state budget. + Article 27 (1) The aid for electricity is granted to vulnerable consumers who do not have another form of heating, as well as to vulnerable consumers who for technological or economic reasons have been disconnected from the supply of thermal energy or natural gas and which have valid electricity supply contracts with a supplier of last resort providing electricity supply for the universal service, and consumption is carried out in compliance with the conditions of the contract. (2) By exception to the provisions of art. 20 20 para. (3), the aid for electricity is also granted to vulnerable consumers who benefit from a social tariff under the terms of the regulations issued by order of the President of the National Energy Regulatory Authority for the supply of electricity to suppliers of last resort to domestic consumers and assimilated to domestic consumers, who have not exercised their right of eligibility. (3) For the beneficiaries of the aid for electricity, which are also beneficiaries of the social electricity tariff, the National Energy Regulatory Authority has the right to impose the type of tariff applied of these beneficiaries, including the way of changing tariffs. + Chapter III Granting of minimum inclusion income + Section 1 General conditions for granting and establishing the right + Article 28 (1) Benefit from the minimum income of inclusion the family defined in art. 6 6 para. ((1) lit. b) and c), as well as the single person defined in art. 6 6 para. ((1) lit. a), whose incomes fall within the limits provided in art. 9 9 para. ((3). (2) During the period when one of the spouses is seconded for a period determined for work or performs the military service on a voluntary basis, the condition of living together shall be considered fulfilled. (3) If the dependent children follow a form of education in a locality other than that of domicile or residence, the condition of living together shall be considered fulfilled during that period. (4) If children up to 18 years of age follow a form of education abroad, they are taken into account when establishing the minimum income right of inclusion only if the legal representative of the child presents, from 6 to 6 on Monday, the document issued by the educational establishment abroad, under the conditions of the respective state legislation, showing the attendance by the children of the courses, as well as the number of absences registered by them, in order to establish the amount under the conditions provided in art. 19 19 para. ((2) + Article 29 (1) The minimum inclusion income shall be granted at the written or electronic request of the entitled person, the representative of the family or the legal representative of the entitled person, accompanied by the self-declaration regarding the veracity the data entered in the application, a commitment to pay for situations in which undue rights may be found, as well as supporting documents. (2) The application provided in par. (1) contains, mainly, data on the entitled person, data on the family composition, income made by its members and the goods held, the type of dwelling, the heating system used and the number of persons living at the same address of domicile or residence, as well as information relating to the educational and professional situation of the entitled person, family members, as well as to the particular needs and particular situations in which they are located. ((3) In order to facilitate access to the granting of the minimum income right of inclusion, as well as for the electronic processing and verification of data and information on the fulfilment of the eligibility conditions, the application form and Affidavit are written on sections, respectively application, mandatory annexes and optional annexes. (4) The supporting documents provided in par. (1) mainly concern the income and composition of the requesting family, as well as compliance with the eligibility conditions provided by this law for each of the components of the minimum inclusion income. (5) By the payment commitment provided in par. ((1), the holder of the right shall assume the return of the amounts collected unearned and specify the sources of income from which their recovery will be made. (6) The model of the application form which also includes the affidavit on the veracity of the declared data, the supporting documents provided in par. ((4) and the model of the payment commitment provided in par. ((1) and para. (5) shall be established by the methodological norms for the application of the provisions of the + Article 30 (1) The holder of the right is the person who meets the eligibility conditions provided for by this Law and who formulates the written or electronic application for the granting of the minimum income of inclusion, staff or representative, and the beneficiary is family/single person. ((2) In the case of the family formed by the dependent spouse, wife and children, the representative of the family shall be established by the spouses or, in case of misunderstanding between them, by the tutelary authority. The provisions shall also apply accordingly to the family defined in art. 6 6 para. ((1) lit. b) section 4. (3) In the case of the single parent family, the family representative is the single person. (4) In the case of the person referred to in ((3) who has dependent children and has not reached the age of 18, the representative of the family is the single person, if he has full capacity of exercise, early exercise capacity or, as the case may be, his legal representative. + Article 31 (1) If the holder of the right is not the owner of the home or does not have concluded on his name or lease, for the housing supplement it is mandatory to register, in the form provided for in art. 29 29 para. ((6), of the identification data of the person who has the status of holder of the contract for the supply of thermal energy, electricity or natural gas necessary for the heating of the home or residence. (2) The holder of the contract provided in par. (1) may be, as the case may be, the owner of the dwelling, his rightful successor, the tenderer of the lease, the concussed, concession of it or another member of the major family and empowered by the owner of the dwelling or rental or, as the case may be, the legal representative of the single person who has not reached the age of 16 or the persons referred to in art. 43 43 para. ((1) lit. b) and art. 178 lit. a) and b) of Law no. 287/2009 , republished, as amended. + Article 32 (1) The application for the granting of the minimum inclusion income, accompanied by the supporting documents and the payment commitment, including in the case of foreign or stateless persons, as well as of homeless persons, shall be submitted on paper or transmitted electronic and registered at the town hall of the commune, the city, the municipality or the sector of the city of Bucharest in whose territorial area the domicile or residence or, as the case may be, lives (2) All applications, declarations and documents submitted in order to grant the minimum income of inclusion will be processed in electronic form by the staff of the commune, city, municipality or district of Bucharest municipality in a whose territorial area is domiciled or residing or, as the case may be, lives the holder of the right, within the National Information System for Social Assistance. (3) The National Information System for Social Assistance is administered by the National Agency for Payments and Social Inspection, hereinafter referred to as the national agency for payments and social inspection, and will provide the IT support for administration of applications, declarations and other documents, as well as payment of minimum inclusion income. At the same time, the National Information System for Social Assistance will provide computer support for the electronic flow of documents, namely the taking of applications, statements and other documents and the transmission of decisions in electronic format to be used both by the staff of the town hall of the commune, the city, the municipality or the sector of the city of Bucharest in whose territorial area the residence or residence or, as the case may be, lives the holder of the right national agency staff for payments and social inspection. (4) The National Information System for Social Assistance is integrated with the social assistance information systems used in the mayors and is intended to be used directly by the mayors, as well as by the staff of the national agency for payments and social inspection on behalf of municipalities that do not have technical capacity and/or human resources to use the National Information System for Social Assistance. (5) The collection and processing of data necessary to grant the minimum income of inclusion shall be made in compliance with Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, in particular the rights of data subjects and confidentiality and security data. + Article 33 ((1) The verification of the data and information contained in the application and in the supporting documents, as well as the processing of the data entered in the application, shall be carried out within a maximum of 15 days from the date of their registration, public social assistance under the local council or, as the case may be, by the staff in the department with attributions in the field of social assistance from the specialized apparatus of the mayor (2) In the case of applicants whose average monthly income/family member falls within the limits provided in art. 9 9 para. ((3) lit. a) and/or b), as well as within the limits provided in lett. c), but only in the case of those who use for heating the home electricity, the field verification of the data and information declared by the applicant shall be carried out, within the period provided in par. ((1). (3) If there is information or suspicions regarding the veracity of the information contained in the application, the mayor is obliged to order the verification in the field, within the deadline provided in par. ((1), and to applicants other than those referred to in par. ((2). (4) In order to carry out the field verification provided in par. ((2) and/or para. ((3) the form for the field verification of the conditions for granting the minimum inclusion income, hereinafter referred to as the field verification form, the model of which is established by the methodological rules for the application of provisions of this law (5) If the holder of the right or any of the members of his family refuses to provide the necessary information to complete the form provided in par. ((4), it is considered that the conditions for granting the minimum inclusion income are not met. ((6) The liability on the data and information entered in the form provided in par. (4) returns exclusively to the person/persons who/have carried out the verification in the field and/have signed the form. (7) The mayor and secretary of the administrative-territorial unit shall respond, under the law, to the reality and legality of the verification operations in order to grant the right to minimum income of inclusion. + Article 34 (1) At the request of the agencies for payments and county social inspection, respectively of the city of Bucharest, hereinafter referred to as territorial agencies for payments and social inspection, the mayor is obliged to immediately order the checks in the field of the reported situations, both for the applicants for the minimum inclusion income and for its beneficiaries, a verification that is carried out within a maximum of 15 days from the date of registration of the complaint or request. (2) In the case of single persons and families receiving minimum income of inclusion who receive inclusion aid it is mandatory to carry out the verification in the field of the fulfilment of the eligibility conditions provided by this law, in the month October, respectively in April/May of each year. For the purpose of carrying out the verification the form for the field verification provided in art. 33 33 para. ((4). + Article 35 (1) In order to verify the correctness of the data provided by the holder of the application, as well as the holder of the right 33 33 para. (1) request all available information at the level of local public administration authorities regarding the component and income of the family, home/residence, movable and immovable property owned, and specialized services of the City Hall has the obligation to provide them within 5 days of the request. (2) In order to verify the information declared by the signatory of the application, as well as the right holder, the mayor may request other local public administration authorities or public institutions information on income and goods owned by him or his family members. + Article 36 (1) The approval or prior rejection of the application shall be made by written provision of the mayor, within 5 days from the completion of the verification provided in art. 33 33 para. ((1), respectively from the completion of the verification provided in art. 34 34 para. ((1), as appropriate. (2) The mayor's provision regarding the approval of the application represents the certification that the applicant fulfils, in advance, the conditions for granting the minimum inclusion income, respectively of one or more of its components and includes the estimated amount of the minimum inclusion income. (3) The provision of the mayor granting or rejecting, in advance, the application for the minimum income of inclusion shall be communicated to the holder of the right, within 5 days from the date of its issuance. (4) The model of the provision provided in par. (3) is established by the methodological norms for the application of the provisions of this law + Article 37 (1) Mayoralties shall centralize and retain applications, declarations on their own responsibility, payment commitments and supporting documents provided in art. 29 29 para. (1), as well as the mayor's provisions (2) The staff of the local public administration authorities shall be obliged to respect the confidentiality and security of the information and personal data in accordance with the provisions Law no. 677/2001 , with subsequent amendments and completions. + Article 38 (1) Until the 20th of each month, the staff of the territorial agency for payments and social inspection verify the fulfilment of the eligibility conditions, as follows from the data processed within the National Information System for Social assistance, based on the information from the available databases of other public authorities with which it has concluded collaboration protocols, as well as by accessing the own information of the National Agency for Fiscal Administration, existing in the databases at the central level. (2) The territorial agency for payments and social inspection may request the local and central public administration authorities, as well as other institutions, information and documents related to income, dwelling, movable/immovable property, component the requesting family or the beneficiary of minimum income of inclusion, as well as of any other conditions provided for by this Law. (3) Within a maximum of 5 days from the completion of the verification provided in par. (1) the executive director of the territorial agency for payments and social inspection, based on the provision of the mayor provided in art. 36 36 para. ((3) and the checks carried out by its own staff, shall issue the decision establishing the right, in which the provision of the mayor and the amount of the minimum income of inclusion, broken down by components, except for the amount of aid for heating provided in art. 20 20 para. ((2) lit. a)-c). (4) Model of the decision referred to in paragraph (3) is approved by the methodological norms for the application of the provisions of this law (5) The right shall be granted as follows: a) from the month following that in which the mayor's disposition was issued, for the inclusion aid and the aid for the family with children, as well as for the housing supplement represented by the aid for solid fuels and oil tankers; b) as of November, for the heating aid provided in art. 20 20 para. ((2) lit. a)-c), if applications for the granting of the right are submitted by applicants by the deadline provided for in art. 47 47 para. ((4); c) from the month following that in which the mayor's disposition was issued, for the aid provided in lett. b), if the application for the granting of the right was submitted after the deadline provided for in art. 47 47 para. ((4). ((6) The decision of the Executive Director of the Territorial Agency for Payments and Social Inspection shall constitute a payment document for the minimum income of inclusion and shall be communicated to its holder within 10 days from the date of issue. + Article 39 (1) The change, on request or ex officio, of the holder of the minimum inclusion income shall be made by written provision of the mayor and shall be communicated, within 5 days from the date of issue, to the new holder and, as the case may be, to the old holder. (2) Based on the written provision of the mayor, provided in par. (1), available under the National Information System for Social Assistance, the executive director of the territorial agency for payments and social inspection issues a new decision establishing the right it sends to the new holder, within not more than 10 days after the date of issue. The City Hall will have access to the new decision establishing the right by accessing the National Information System for Social Assistance. + Article 40 (1) If changes are made in the family composition and/or income of beneficiaries of minimum income of inclusion, the holder of the right has the obligation to submit to the town hall, no later than 15 working days from the date on which he The amendment, a declaration on its own responsibility regarding the changes, accompanied by the supporting documents, as the case may be. (2) After verification, according to art. 33, the data and information recorded in the declaration and the documents provided in par. (1), the mayor shall issue a provision for the maintenance or termination of the right, as the case may be. (3) The model of the provision of maintenance or termination of the right, as well as that of the affidavit, provided in par. (1), shall be established by the norms of application of the provisions of this law (4) The territorial agency for payments and social inspection will have access to the new decision to maintain or terminate the right, as the case may be, by accessing the National Information System for Social Assistance. (5) Within the period provided for in art. 34 34 para. (1) verify the information on the composition of the family and the declared income and be issued, by the executive director of the territorial agency for payments and social inspection, a new decision establishing the right, which contains the amount Amended minimum inclusion income, broken down by component. The decision shall be communicated to the right holder within 10 days from the date of issue. + Article 41 (1) All procedures regarding the request, verification, prior granting, determination of the amount and issuance of decisions on minimum inclusion income shall be made in electronic format, within the National Information System for Assistance Social. (2) The operating mode of the National Information System for Social Assistance will be regulated by order of the Minister of Labour, Family, Social Protection and Elderly. + Article 42 (1) After granting the minimum inclusion income, the national agency for payments and social inspection shall periodically carry out electronic checks within the National Information System for Social Assistance regarding the maintenance of conditions that have led to the granting of the right, as well as risk analyses on the right holders, on the basis of which they warn the territorial agencies for payments and social inspection on the aspects that may lead to the modification, suspension or termination of the (2) The detailed procedure regarding the granting of the right and the determination of its amount is approved by the methodological norms for the application of the provisions + Section 2 Ways of billing and payment of thermal energy provided in centralized system + Article 43 (1) The billing and payment procedure of the thermal energy value consumed for heating by the owners/tenants associations or individuals, who are holders of contracts for the supply of individual thermal energy/conventions, may be: a) billing and payment based on actual monthly consumption; b) invoicing on the basis of actual monthly consumption and payment in percentage instalments over a reference period of 12 months. (2) Payment method according to par. ((1) lit. b), the due date, as well as the establishment of the reference period shall be approved by decision of the local council, within 30 days from the date of entry into force of this law. (3) For families and single persons who use for heating the home heat supplied in centralized system, the billing and payment of thermal energy consumption are made only on the basis of actual consumption, according to par. ((1) lit. a). + Article 44 (1) At the written request of the holders of the contract for the supply of thermal energy or individual convention, the thermal energy suppliers shall apply the payment procedure of the thermal energy value in percentage tranches, valid for a period of reference on the basis of an addendum to the individual supply or convention contract. (2) The option of the contract holders for the supply of thermal energy or individual convention on the payment of the value of the thermal energy in percentage tranches shall be communicated to the suppliers no later than 30 days before the start of the period of reference. + Article 45 Thermal energy suppliers have the obligation to accept, at the request of the holders of contract for the supply of thermal energy or individual convention, invoicing under the provisions of art. 43. + Article 46 The holders of the contract for the supply of thermal energy/individual convention are obliged to pay the bills within the maturity of 15 days from the date of receipt of the invoices in the situation provided for in art. 43 43 para. ((1) lit. a), respectively within 15 days from the deadlines stated on the invoice in the situation provided for in art. 43 43 para. ((1) lit. b). The date of issue of the invoice and the maturity dates are entered on the invoice. The non-payment of the invoice within 30 days from the due date attracts penalties of delay, according to the provisions of art. 42 42 para. (10) of the Community Public Utilities Services Law no. 51/2006, republished, with subsequent amendments and completions. + Section 3 Special conditions for granting the housing supplement + Article 47 ((1) In the case of single persons and families who request the granting of the minimum inclusion income exclusively for the housing supplement, represented by one of the aid provided in art. 20 20 para. ((2) lit. a)-c), the documents provided in art. 29 29 para. (1) shall be submitted to the town hall in whose territorial area they have their domicile or residence applicants, until October 15 of each year, for the next cold season. (2) For the request of the housing supplement, the application forms and self-declaration are made available to applicants by the mayors at their premises and/or through the associations of owners/tenants or suppliers. (3) The application and affidavit forms shall be made available to applicants including on the website of the City Hall, territorial agencies for payments and social inspection and suppliers. (4) In the case of single persons and families who have established the right to aid for inclusion and/or support for family support and meet the conditions provided for by this Law and for the granting of the supplement for housing, the holder the right, in the period from 15 September to 15 October of each year, shall submit to the City Hall a declaration on its own responsibility on the basis of which the fulfilment of the conditions of eligibility, the procedure hereinafter referred to as recertification. (5) The model of the declaration provided in paragraph (4) is established by the methodological norms for the application of the provisions of this law + Article 48 (1) Approval of applications of minimum inclusion income applicants represented solely by the housing supplement, as well as recertification of the fulfilment of eligibility conditions in the case of beneficiaries of minimum income of inclusion at the date provided in art. 47 47 para. (4) shall be made according to art. 33 33, art. 35 35-37 and art. 38 38 para. ((2). (2) In the case of the use of thermal energy in a centralized system for heating the dwelling, the provision of the mayor granting or rejecting the right to minimum income of inclusion represented exclusively by the incentive for housing will contain the price of gigacaloria provided in centralized system. (3) Model of the mayor's disposition provided in par. (2) is established by the methodological norms for the application of the provisions of this law (4) Applications or, where appropriate, self-declarations regarding the rectification of the fulfilment of the eligibility conditions and the supporting documents will be centralized and archived at the level of the mayoralties. (5) The provision of the mayor provided in par. ((2) may be issued individually or collectively, in which case it will be brought to the attention of individual applicants. + Article 49 (1) By November 15 of each year, at the level of the territorial agency for payments and social inspection, based on the data recorded in the National Information System for Social Assistance, the verification of the fulfilment of the conditions of eligibility for the granting of the housing supplement represented by the heating aid provided for in art. 20 20 para. ((2) lit. a)-c), the amount of the aid granted according to the heating system used shall be calculated and the decisions of the Executive Director granting or rejecting the right shall be issued. ((2) By decision of the Executive Director of the Territorial Agency for Payments and Social Inspection approving the right to the housing supplement, its amount shall be determined each year for the whole period of the cold season Respectively. ((3) By November 30 of each year, the centralizing situation regarding the decisions of the Executive Director of the Territorial Agency for Payments and Social Inspection, which contains the identification data of the holders of the minimum inclusion income, the amount of the aid and the number of the decision issued shall be transmitted electronically to suppliers of heat, natural gas or electricity, as appropriate. (4) The model of the centralizing situation provided in par. (3) is established by the methodological norms for the application of the provisions of this law (5) Within a maximum of 5 days from the issue, the mayor's disposition of approval or the prior rejection of the application, as well as the decision of the Executive Director regarding the approval or rejection of the minimum income right of inclusion shall be communicated the holder of the right and, where applicable, the holder of the contract concluded with the supplier in the home heating system. + Article 50 (1) In order to grant the minimum inclusion income exclusively for the housing supplement represented by the aid for solid fuels and oil tankers, the deadline for submitting the documents provided for in art. 29 29 para. (1), at the town hall in whose territorial area the applicants are domiciled/resident, is September 15 of each year. (2) In the case of single persons and families receiving minimum income of inclusion on August 31, the right holder must submit to the town hall the affidavit for the rectification of the fulfilment of the conditions of eligibility, completed according to the model provided for in 47 47 para. (5), in the period from 1 to 15 September of each year. (3) By 15 October each year shall be verified, at the level of the town hall and the territorial agency for payments and social inspection, the fulfilment of the eligibility conditions for the granting of aid for solid fuels and oil tankers, calculate its amount and issue the provisions of the Mayor approving or rejecting the applications in advance, as well as the decisions of the Executive Director of the Territorial Agency for Payments and Social Inspection on granting or rejecting right. ((4) Transmission to the holder of the minimum income of inclusion of the mayor's provision of approval or prior rejection of the application, as well as of the decision of the executive director of the territorial agency for payments and the granting or rejection of the right shall be made within the period provided 49 49 para. ((5). (5) For aid beneficiaries for solid fuels and oil tankers, the establishment of the right and the making of payments shall be made once for the whole period of the cold season. + Article 51 (1) If the applicants for the housing supplement submit the application, namely the declaration on their own responsibility regarding the rectification of the fulfilment of the eligibility conditions and, as the case may be, the supporting documents regarding the granting aid for heat, natural gas and electricity at a later date of the time limits laid down in art. 47 47 para. ((1) and (4), the housing supplement shall be granted from the month in which the decision of the Executive Director of the territorial agency for payment and social inspection of entitlement is issued. (2) If there are changes in the composition of the family and its income or the heating system for which the housing supplement is granted, the holders of the right shall proceed according to the provisions of art. 40 40 para. ((1). ((3) The amendments regarding the amount of the amount related to the housing supplement granted or, as the case may be, the termination of the right shall be made from the month following that in which the amendments provided in par ((2). + Article 52 (1) Monthly, no later than on the 3rd of the month, the representative of the thermal energy supplier or natural gas supplier, together with the representative of the owners association, conclude a record-finding report on the general consumption of thermal or natural gas energy recorded at the level of the association. (2) The model of the finding minutes shall be determined by the methodological norms for the application of this law. (3) Based on the data contained in the minutes ascertaining, the association of owners makes the breakdown of the general consumption on individual consumers. (4) By the 5th of each month, the owners ' association shall transmit to the suppliers referred to in par. (1) the centralizing situation comprising the disaggregated consumption for the beneficiaries of home heating aid. (5) For beneficiaries living in social housing, the duties of the owners ' association shall be taken over by the authority of the local public administration that manages them. (6) Provisions of para. (1)-(4) does not apply to suppliers with a number of more than 1,000 customers, as well as in the situation of the existence of heating allocators in the case of thermal energy or in situations where the legal regulations in the field of thermal energy or gas Natural feature in another way. + Article 53 (1) Based on the centralizing situation provided for in art. 52 52 para. (4), respectively of the actual consumption recorded by individual vulnerable consumers, monthly, the thermal energy suppliers provided in centralized system, natural gas and electricity respectively calculate the energy value thermal, natural gas and electricity that will be highlighted in the bill. (2) In the case of associations of owners titulation of thermal energy supply contracts in centralized system or natural gas supply, the invoice provided in par. (1) is accompanied by the detailed situation comprising the beneficiaries of the home heating aid, its actual amount broken down by sources of financing, respectively from the state budget and from the local budget, as well as the individual amount of payment that will be borne by the beneficiary as the difference between the value of the aid for heating the home granted and the value of the recorded consumption. (3) In the case of consumers who have individual contracts for the supply of thermal energy in a centralized system, natural gas or electricity, the invoice issued by the suppliers shows the total value of the consumption recorded, the value of the home heating aid granted and the remaining amount of payment in charge of the contract holder, namely the beneficiary of the home heating aid. (4) In the situation provided for in art. 52 52 para. (5), the invoice is issued in the name of the city hall, ((1)-(3) applying accordingly. + Article 54 (1) Monthly, within 10 days of receipt of the invoice issued by the thermal energy supplier in centralized system or natural gas, the owners ' associations have the obligation to break down the expenditure on thermal energy or natural gas on individual consumers, taking into account the heating aid established under the conditions of this Law. (2) The breakdown of the expenses provided in par. ((1) shall be highlighted in a borderou to be transmitted to the supplier within a maximum of two days of preparation. (3) The owners ' association has the obligation to highlight monthly thermal energy aid in the table with maintenance expenses. + Article 55 (1) Based on the centralizing situations provided in art. 49 49 para. ((3) and in art. 52 52 para. ((4), respectively the consumption recorded by individual vulnerable consumers, monthly, thermal energy suppliers in centralized system, natural gas and electricity respectively, elaborates the payment terminal that is transmitted to the agency territorial for settlement. (2) The model of the jar provided in par. ((1) shall be established by the methodological norms for the application of this law. + Section 4 Beneficiaries obligations + Article 56 The holder of the minimum inclusion income has the obligation to communicate to the city hall in whose territorial area he has his domicile or residence, according to 40 40 para. ((1), any modification with regard to domicile, income and the number of family members, within a maximum of 15 days from the date on which the modification occurred. + Article 57 (1) Single persons and families receiving minimum income of inclusion have the obligation to submit to the city hall, from 3 to 3 months, the affidavit provided in art. 40 40 para. ((1). (2) The declaration provided in par. (1) shall be completed according to the model approved by the methodological norms for the application of the provisions of + Article 58 (1) Persons able-bodied who do not earn income under an individual employment contract, service report or other legal form of employment, nor from self-employment or agricultural activities, as defined by Law no. 227/2015 , with subsequent amendments and completions, have the obligation to present themselves, whenever requested by the territorial employment agency in whose records they are registered as persons in search of a job, in order to employment or participation in services to stimulate employment and vocational training, and to provide proof, from 3 to 3 months, that they have retained their status as a job search person and have not refused a job. work offered or participation in services to stimulate employment and training according to art. 13 13 para. ((1). (2) In the case of single persons and families benefiting from the minimum income of inclusion consisting exclusively in the supplement for housing, the obligation provided in par. ((1) shall not apply. + Article 59 (1) In the case of families receiving minimum income of inclusion that includes the inclusion aid component, one of the major able-bodied persons of that family has the obligation to provide monthly, at the request of the mayor, activities or works of local interest, in compliance with the normal duration of working time and safety and health norms in work. (2) I take exception to the provisions of par. (1) the families for which the amount related to the social assistance is up to 10 lei and 0.020 ISR respectively. For these, work hours are set quarterly and are performed in any of the months of the quarter. + Section 5-a Obligations of local public administration authorities and other institutions + Article 60 (1) For single persons and families receiving minimum inclusion income that includes the inclusion aid component, local public administration authorities are required to carry out the initial assessment and draw up the plan of intervention, according to art. 47 47 of Law no. 292/2011 ,, as amended. (2) The local public administration authorities shall consider, in the annual action plans on their own social services, provided for in art. 112 112 para. ((3) lit. b) of Law no. 292/2011 , as amended, the establishment and granting, as the case may be, of social, psychological and vocational counseling services, family planning services, as well as any other social services necessary to address the needs of single persons and families referred to in par. ((1). + Article 61 (1) For the fulfilment of the obligation provided for in 59 59 para. (1) by able-bodied persons benefiting from inclusion aid, the mayors shall have the following obligations: a) to draw up annually a plan of actions/works of local interest, which can be reviewed semi-annually; b) to keep records of the hours of work carried out, for the activities and works of local interest, by the able-bodied persons; c) ensure the persons referred to in lett. b) training in the field of safety and health at work; d) to display monthly, at its own premises, the plan of actions/works of local interest per month in progress, the list of beneficiaries of minimum income of inclusion, the list of persons who are to carry out activities or works of local interest, as well as the situation activities/works performed in the previous month; e) to transmit quarterly, in electronic format, to the territorial agency for payments and social inspection, the record provided in lett. b). (2) The duration of the working time provided in art. 59 59 para. ((1) shall be calculated in proportion to the amount of the amount granted as an inclusion aid, 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. (3) 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. (4) If the person nominated to carry out the actions or works of local interest is in temporary incapacity to work or has lost all or part of his/her work capacity, the obligation to it may be transferred another able-bodied person in the family, with the consent of the mayor, for the maintenance (5) Failure to perform activities/works of local interest for a period of more than 30 days leads to the suspension of the payment of the inclusion aid for a maximum period of 3 months and, respectively, the cessation of payment of the aid inclusion, if the obligation is also unfulfilled during the suspension period. + Article 62 (1) The personnel with attributions in the field of social assistance within the territorial and territorial agencies for payments and social inspection has the obligation to ensure the information and advice of potential beneficiaries on the conditions of the granting of the minimum income of inclusion, the way of completing the application form, the necessary supporting documents, obligations and rights accruing them according to the present law. (2) Mayoralties have the obligation to display at their own premises, in a visible place, instructions on income levels provided by law, the categories of income that are taken into account in order to grant the right to minimum income of inclusion, the mode of calculation of monthly income of the family, as well as the list of goods leading to the exclusion of the minimum income of inclusion provided in art. 10 10 para. ((3). (3) The local public administration authorities have the obligation to post on their own website the legislation in force on the minimum income of inclusion, as well as all the documents and forms provided by law to be completed according to the provisions this law. + Article 63 In order to facilitate the access of applicants to the granting of minimum inclusion income, the territorial agencies for payments and social inspection are required to post on their own website all the documents and forms provided by law completed by applicants, as well as instructions on their submission and completion. + Article 64 (1) In order to verify the fulfilment of the obligation provided in 58 58 para. (1), the territorial employment agencies have the obligation to transmit monthly to the territorial agencies for payments and social inspection and town halls, in electronic format, the nominal tables with the persons from the beneficiary families of Inclusion aid registered as jobseekers, who have been in employment, including employment contracts abroad, have refused a job offered or participation in a vocational training programme. (2) For the preparation of the tables provided in par. (1), the territorial agencies for payments and social inspection shall transmit to the territorial employment agencies the list of able-bodied persons from the families in payment, until the 5th of each month. + Article 65 (1) In order to verify the fulfilment of the condition provided in 19 19 para. (1), the school inspectorate in whose territorial area has his domicile or residence or lives the holder of the minimum income right of inclusion has the obligation to transmit, at the request of the territorial agency for payments and social inspection, in the month after the end of the school semester, the situation regarding the attendance of courses by school-aged children from families receiving help for the family with children. (2) The situation provided in par. (1) is transmitted in the agreed electronic format, on the basis of protocol, with territorial agencies for payments and social inspection and contains, on a mandatory basis, the name, surname, personal numerical code of children and family representatives and the number of unmotivated absences recorded by each child, broken down by each month of the semester. + Article 66 (1) The Ministry of Labour, Family, Social Protection and Elderly shall verify and monitor, through the specialized directions and by the competent institutions of subordination or coordination, the application of the provisions of this law. (2) In order to carry out the verification and monitoring activities provided in par. (1), the mayors, suppliers/distributors of thermal energy, natural gas and electricity, as well as the other institutions involved in granting the rights provided by this law, have the following obligations: a) to provide all the information requested by the territorial agencies for payments and social inspection related to the establishment of rights; b) to make available to the social inspectors and control bodies of the Ministry of Labour, Family, Social Protection and Elderly the documents that were the basis for the granting of rights, as well as the documents relating to payments performed. (3) The control bodies of the Ministry of Labour, Family, Social Protection and Elderly can carry out, in case of self-referral or the referral/request of third parties, field checks at the beneficiaries ' home. + Chapter IV Payment, suspension, modification and termination of the right to minimum inclusion income + Section 1 Suspension and termination of law + Article 67 (1) Suspension of the granting of the minimum income of inclusion or of any of its components, provided in art. 3 3 para. ((2), the Executive Director of the territorial agency for payments and social inspection shall be made by decision. (. The suspension of the granting of the aid for inclusion and/or the aid for the family with children shall be carried out as follows: a) for a maximum period of 3 months, if the obligations provided for in art. 58 58 para. ((1) and art. 59 59 para. (1), under the conditions provided in art. 61 61 para. ((5); b) for a maximum period of 3 months, if the territorial agency for payments and social inspection finds, on the basis of documents on the composition of the family and its income transmitted by the mayor, that an erroneous amount has been established the social assistance and/or the aid for the family with children; c) for a maximum period of 3 months, if, following the controls carried out by the social inspectors and the representatives of the Court of Accounts of Romania, erroneous data on the incomes and composition of the family are found; d) for a maximum period of 3 months, if, for a period of 3 consecutive months, returned postal warrants are registered. (3) The suspension of the granting of the aid to the family with children is made only for the child/children for whom the decision of the placement or placement was made as a matter of urgency, respectively during the period when he was at a maternal assistant, at a foster family or in a residential social service. In this situation, the child is no longer taken into account when determining the monthly net income per family member or to establish the amount of aid for the family with children. (4) If the holder of the right, within the maximum period of suspension, proves the fulfilment of the obligations provided in art. 58 58 para. ((1) and art. 59 59 para. (1), the suspension period shall cease from the month following the date of submission of the documents proving to the city ((5) The resumption of payments related to suspended rights shall be made from the month following the date of issue, by the executive director of the territorial agency for payments and social inspection, of the decision to terminate the suspension of payment of the right (6) For the situations referred to in par. ((2) lit. a), the amounts related to payments provided in par. (5) shall be calculated from the month following that in which the obligations laid down by law were fulfilled. + Article 68 (1) In the situations provided in art. 67 67 para. ((2) lit. b) and c), the executive director of the territorial agency for payments and social inspection requests the mayor to verify the fulfilment of the eligibility conditions for granting the right, including the field check. (2) Depending on the ones found at the checks carried out according to the provisions of 33, the mayor issues a new provision of approval or prior rejection of the application, as the case may be. (3) Based on the provision of the mayor provided in par. ((2), within a maximum of 5 days after its receipt, the executive director of the territorial agency for payments and social inspection shall issue the decision establishing the amended amount of the right. (4) In the situation provided for in art. 67 67 para. ((2) lit. d), if it is found that the eligibility conditions that have been based on the granting of the right are maintained, the resumption of payments related to the right is made on the basis of the field verification form and the affidavit on the component and the income of the family, and the payment of the amounts related to the right to the period of suspension is carried out only on the basis of + Article 69 (1) The cessation of the right is made by written provision of the mayor and refers both to the minimum income of inclusion, as a whole, and to any of its components provided in art. 3 3 para. ((2). ((2) The cessation of the minimum income right of inclusion or the right to inclusion aid, to the aid for the family with children or to the housing supplement shall be made from the month following the cessation or finding of failure to meet the conditions of eligibility provided by this law, as well as in the situation provided in art. 33 33 para. ((6). ((3) The cessation of the right to inclusion aid and/or to the aid for the family with children takes place as follows: a) from the month following the expiration of the suspension periods, if the beneficiaries do not meet the obligations under their responsibility, for the obligations provided in art. 58 58 para. ((1) and art. 59 59 para. ((1); b) from the month following the expiration of the suspension periods provided for in art. 67 67 para. ((2) lit. b)-d), if, as a result of the verification carried out according to the provisions of art. 68 68 para. (1), it is found that the eligibility conditions for granting the right are not met (4) The provision of the mayor provided in par. (1) shall be transmitted to the territorial agency for payments and social inspection and to the holder of the right within 5 days from the date of its issuance. (5) After the end of the right to inclusion aid and/or to the aid for the family with children, a new right may be requested from the month following that in which the conditions of granting provided for by this law are met. (6) By exception to the provisions of par. (5), in the situation of termination provided in par. ((3) lit. a), following the non-fulfilment of the obligation provided in art. 58 58 para. (1), in the case of inclusion aid, the single person or family will be able to request a new right after a period of 6 months. + Article 70 (1) The modification of the amount of the minimum inclusion income shall be made by decision of the executive director of the territorial agency for payments and social inspection, under the conditions of 40. ((. The change in the amount of the minimum inclusion income shall be made in the following situations a) if changes in the income of the family and/or in its composition have occurred that lead to differences of more than 10 lei and 0.020 ISR respectively compared to the amount originally established; b) in the event that periods of suspension of the granting of one of the aid composing the minimum income of inclusion, provided for in art. 3 3 para. ((2); c) in the event that it has ceased the right to the granting of one of the aid composing the minimum income of inclusion, provided in art. 3 3 para. ((2); d) in case the reduction of the amount of the aid for the family with children is applied, according to the provisions of 19 19 para. ((2). (3) The modification of the amount of the minimum income for inclusion shall be made from the following month. ((2). + Article 71 (1) The provisions of the mayor referred to in 68 68 para. ((2) and art. 69 shall be communicated to the territorial agencies for payments and social inspection and to the right holder within 5 days of the issue. ((2) Decisions of the Executive Director of the territorial agency for payments and social inspection provided in art. 67 67 para. ((1), art. 68 68 para. ((3) and art. 70 shall be communicated to the mayor and the holder of the right, within 5 days of the date of their issuance. (3) The model of the executive director's decision on the suspension of the right, as well as the model of the mayor's provision on the termination of the right shall be established by the + Section 2 Entitlement + Article 72 ((1) The funds necessary for the payment of the minimum income of inclusion, including the rights provided in art. 81, 82 and 84 are provided from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly. (2) The funds necessary for the payment of social protection measures provided for in art. 26, 83 and 85 ensure from local budgets. + Article 73 ((1) The payment of the amounts granted by way of minimum income of inclusion, related to the inclusion aid and/or aid for the family with children, shall be made monthly, by the territorial agencies for payments and social inspection. (2) In the case of the housing supplement represented by the aid for solid fuels and oil tankers, its payment shall be made only once, until 31 November of each year, for the whole period of the cold season. (3) In case of submission of the application at a later date to that provided in art 50 50 para. ((1), the payment of the housing supplement represented by the aid for solid fuels and oil tankers shall be carried out from the month following the date of issue of the mayor's disposition, for the remaining months. + Article 74 (1) Payment of the minimum income of inclusion, except for the amounts related to the heating aid provided in art. 20 20 para. ((2) lit. a)-c), shall be made on the basis of a postal order or, as the case may be, in bank account or any other electronic means of payment available. (2) In case of payment of rights by postal order, the territorial agencies for payments and social inspection shall pay the payment of the rights with the payment of a commission within the limits and conditions established by the annual (3) In case of payment of rights in bank account, the territorial agencies for payments and social inspection shall make payment by bank units, on a borderou basis, with the payment of a bank fee that cannot be more than 0,1% of the rights paid and will be established, through negotiation, at territorial level, between territorial agencies for payments and social inspection and banking units. (4) Editing the postal mandates provided in par. (2) is made either directly by the territorial agencies for payments and social inspection, or on the basis of contracts concluded with providers of such services, establishing including the format of the mandate. (5) The funds necessary to pay the commissions provided in par. (2) and (3), as well as the printing of postal mandates shall be borne from the budget of the Ministry of Labour, Family, Social Protection and Elderly, through the national agency for payments and social inspection, from the same funds from which the payment is borne minimum income rights of inclusion. + Article 75 ((1) The payment of the amounts related to the aid for heat, electricity and natural gas shall be paid to suppliers. (2) The deadline by which the mayors and suppliers can be requested, the settlement of the amounts provided in par. ((1), is July 31 of this year. (3) Settlement of the amounts related to the heating aid provided in par. ((1) is based on the value of consumption, but only within the maximum aid approved for the months of the cold season to which the holder is entitled. (4) Settlement of the amounts provided in par. (3) is carried out monthly, by the territorial agencies for payments and social inspection, based on the borderos provided in art. 55. (5) After the deadline provided in par. (2), the amounts that were not requested for settlement at the Ministry of Labour, Family, Social Protection and Elderly shall be borne from the local budgets. + Article 76 (1) The amounts necessary for the expenses generated by the checks carried out by the mayors in order to grant or terminate the minimum income right of inclusion shall be ensured from local budgets. (2) The amounts necessary for the expenses generated by the establishment or suspension of the minimum income right of inclusion shall be borne from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly. (3) The issuance of the certificates necessary to establish the right to one or more components of the minimum income of inclusion, including medical certificates, shall be carried out by the competent bodies, free of charge. + Article 77 Amounts representing household heating expenses, related to the consumption of heat, electricity or natural gas, paid directly by consumers contract holders for the supply of thermal energy or individual convention, respectively contract for the supply of natural gas or electricity, as well as the heating aid paid by the territorial agencies for payments and social inspection or by the local public administration authorities, in the conditions of this law, are collected in the accounts of the ESCROW type, as defined in Government Emergency Ordinance no. 115/2001 on the regulation of measures to ensure the necessary funds for the supply of heat and natural gas for the population, approved with amendments by Law no. 84/2002 , with subsequent amendments and completions, opened to banks by distributors and thermal energy producers, natural gas suppliers and electricity suppliers. + Section 3 Recovery of unearned amounts + Article 78 (1) The amounts collected uncuviated as minimum income of inclusion, granted from the state budget through the budget of the Ministry of Labour, Family, Social Protection and Elderly, shall be recovered from the right holder, within the general term of Prescription of art. 2.517 2.517 of Law no. 287/2009 , republished, as amended. ((2) The recovery of the amounts unduly paid shall be made by decision of the executive director of the territorial agency for payments and social inspection, which shall be communicated to the debtor within 15 days from the date of its issuance. ((3) By way of derogation from provisions art. 73 ^ 1 of Law no. 500/2002 on public finances, with subsequent amendments and completions, the amounts provided in par. (1) shall be recovered without the collection of interest and late payment penalties or late increases, if they are returned by the beneficiary within a maximum of 180 days from the issuance of the decision referred to in par. ((2). (4) After the expiry of the term provided in par (3), the amounts provided in par. ((1) is recovered under the conditions laid down by art. 73 ^ 1 of Law no. 500/2002 , with subsequent amendments and completions. (5) The decision to recover the amounts paid undue within the period provided in par. ((3) constitutes a debt instrument from the date of communication. After that period, the decision becomes enforceable. (6) The amounts paid unearned shall be recovered, within the period provided in par. ((3), as follows: a) if the beneficiary still receives minimum income of inclusion, staggered deductions shall be made of the rights related to the following months, but not more than 1/3 of the monthly rights; b) if the beneficiary no longer receives rights in the next period of finding the amounts provided in par. ((1) or if the amounts recovered under the conditions lit. a) does not cover the rights granted undue and the holder of the right consents, by written commitment, to refund the amount collected unearned, he pays that amount in the account of the territorial agency for payments and social inspection opened with the Treasury The State or at its premises by cashier, within the period provided for by the recovery decision. (7) After the deadline provided in par. (3), on the basis of the decision of the executive director of the territorial agency for payments and social inspection, which constitutes an enforceable title (5), together with proof of communication to the debtor, shall be transmitted to the central fiscal bodies in order to recover the amounts entered in the enforceable title, according to the Law no. 207/2015 on the Fiscal Procedure Code, with subsequent amendments and completions, accompanied by clarifications regarding the date from which the accessory tax obligations are to be calculated. (8) Amounts recovered under the conditions of par. (6) and (7) are made income to the state budget. ((9) The amounts entered in the enforceable title provided in par. (7) shall be deducted from the territorial agency for payments and social inspection at the date of confirmation of the takeover of the debit by the central fiscal bodies + Article 79 (1) If the beneficiary of the minimum income of inclusion is the family, and the holder of the right has died, the recovery of the amounts collected unearned shall be carried out under the conditions of 78 78 para. ((6) and (7), from the other major members of the family, as beneficiaries of the right. (2) If the holder of the right, the single person, has died, the recovery of the amounts collected unearned as a minimum income of inclusion is no longer done. (3) By exception to the provisions of art. 78 78 para. (6), for the situation referred to in art. 19 19 para. ((2) lit. a), the recovery of the amounts related to the aid for the family with children, granted in full amount in the months in which the child/children register unmotivated absences, is made by applying the percentage decrease of the amount, depending on the number of children, on payments to be made from the month following that in which the situation referred to in art. 65, for a period equal to the number of months in which unmotivated absences were recorded. (4) If the aid for the family with children was granted in full amount during one or more months of the periods provided for in art. 19 19 para. ((2) lit. b), the recovery of the amounts granted undue is made, in equal instalments, from the amounts related to the aid to which the family is entitled. (5) The amounts collected uncuIncome provided for in art. 78 78 para. (1), totaling up to 40 lei inclusive/beneficiary, shall be cancelled. + Article 80 (1) The amounts collected unearned as a minimum income of inclusion, granted from local budgets according to art. 26 26, art. 83 83 and art. 85 lit. b), shall be recovered by the local tax authorities from the right holder, within the general limitation period provided for in art. 2.517 2.517 of Law no. 287/2009 , republished, as amended. (2) Recovery of the amounts provided in par. (1) shall be carried out on the basis of the mayor's disposition, with the appropriate application of the provisions of 78 78 para. ((2)-(6) and para. (9), as well as of art. 79 79 para. ((1), (2) and (5). (3) In order to recover the amounts provided in par. (1) criteria and procedures can be established by decision of the local council, at the proposal of the local fiscal body, in compliance with the legal provisions in force. + Chapter V Other rights complementary to the minimum inclusion income + Article 81 ((1) The health insurance contribution shall be ensured and determined in accordance with the Law no. 227/2015 , with subsequent amendments and completions, only for the amounts representing inclusion aid, as follows: a) for the holder of the minimum inclusion income, if neither this or any of the family members are insured in the health insurance system; b) for the non-insured family member according to the law and which cannot be considered co-insured for any of the other major family members. (2) The health insurance contribution provided in par. (1) shall be paid by the territorial agencies for payments and social inspection, for each person in one of the situations referred to in par. ((1). (3) The territorial agencies for payments and social inspection have the obligation to turn monthly to the territorial fiscal bodies of the National Agency for Fiscal Administration the health insurance contribution for the persons referred to in par. ((1) and to transmit the record of payment obligations to the budget of the National Single Health Insurance Fund, in accordance with the legal provisions in force. (4) In the situation provided for in art. 78, the amounts as a health insurance contribution shall no longer be recovered. + Article 82 (1) For housing owned by single persons and families receiving minimum income of inclusion that includes the inclusion aid component, the mandatory premium for home insurance under the conditions Law no. 260/2008 , republished, is borne from the budget of the Ministry of Labour, Family, Social Protection and Elderly, as an additional benefit. (2) The procedure for the payment of the compulsory premium shall be determined by the methodological norms for the application of the provisions (3) In the situation provided for in art. 78 78, the amounts as mandatory premium for home insurance under the conditions Law no. 260/2008 , republished, no longer recovers. + Article 83 (1) In the event of the death of a person in the beneficiary family of minimum income of inclusion that includes the inclusion aid component, the mayors may order the granting of financial aid for funeral expenses. (2) The aid provided in par. (1) shall be borne from the local budget and shall be granted to a single person who may be, as the case may be, the surviving spouse/survivor, the child, the parent, the guardian, the curator, the heir under the common law or, in the absence thereof, the person which proves that he incurred the funeral expenses. + Article 84 At the proposal of the Ministry of Labour, Family, Social Protection and Elderly people can be approved, by Government decision, emergency aid for families and people in situations of necessity that may arise due to natural disasters, fires, accidents, serious diseases, and as a result of other situations that may lead to the risk of social exclusion. + Article 85 Local public administration authorities may grant, from their own budgets, by decision of the local councils, the following aid: a) emergency aid for the beneficiaries and the situations provided in art. 84 84; b) Community aid, in money and/or in kind, for single persons and families in situations of difficulty, based on the needs identified by the social survey. + Chapter VI Legal liability + Article 86 (1) It constitutes contravention, if it was not committed under such conditions, that, according to the criminal law, it should be considered crimes, and it is sanctioned non-compliance with the provisions of this law, as follows: a) with a fine of 1,000 lei to 5,000 lei, the issuance by the mayor of the provision of prior approval of the application on the minimum income of inclusion with non-compliance with the eligibility conditions provided by this law, namely those with the income and composition of the family, verification of the supporting documents and obligations of the beneficiaries; b) with a fine of 1,000 lei to 5,000 lei, the issuance, by the executive director of the territorial agency for payments and social inspection, of the decision on establishing the right to the minimum income of inclusion, in the absence of the mayor's provision of prior approval of the application; c) with a fine of 1,000 lei to 5,000 lei, non-compliance by the staff of public social assistance services at the level of the mayoralties of the provisions of art. 33 33 para. ((1) and (2) and art. 35 35 para. ((1); d) with a fine of 1,000 lei to 5,000 lei, non-compliance by the mayor with the provisions of art. 33 33 para. ((3), art. 34 34 para. ((1), art. 36 36 para. ((1), art. 39 39 para. ((1), art. 40 40 para. ((2) and (4), art. 48 48 para. ((2), art. 50 50 para. ((4), art. 60 60 para. ((1), art. 62 62 para. ((3), art. 66 66 para. ((2), art. 69 69 para. ((4) and art. 71 71 para. ((1); e) with a fine of 500 lei to 2,000 lei, non-compliance by the supplier with the provisions of art. 45 45, art. 47 47 para. ((3), art. 52 52 para. ((1), art. 55 55 para. ((1) and art. 66 66 para. ((2); f) with a fine of 500 lei to 2,000 lei, non-compliance by the association of owners of the provisions of art. 52 52 para. ((1), para. ((3) or (4) and art. 54 54; g) with a fine of 500 lei to 2,000 lei, non-compliance by territorial agencies for payments and social inspection of the provisions of art. 63 63 and art. 64 64 para. ((2); h) with a fine of 500 lei to 2,000 lei, non-compliance by the school inspectorates with the provisions of art. 65 65 para. ((1); i) with a fine of 500 lei to 2,000 lei, the deed of the holder of the right to complete with incorrect data and information the application form for granting the right, as well as non-compliance with the obligations provided in art. 40 40 para. ((1), art. 47 47 para. ((4), art. 50 50 para. ((2) and art. 56. (2) The finding of contraventions and the application of sanctions shall be made by: a) the control bodies of the Ministry of Labour, Family, Social Protection and Elderly, as well as of the national agency for payments and social inspection for the contraventions provided in par. ((1); b) social inspectors of the national agency and territorial agencies for payments and social inspection, for the contraventions provided in par. ((1), except lit. b); c) mayor, for the contraventions provided in par. ((1) lit. c), e), f) and i). (3) If the application of the sanctions provided in par. (1) shall be carried out by one of the control bodies referred to in par. (2), at the verification carried out by another control body, this fact will be recorded in the inspection or control report and the sanctions provided for in par. ((1). ((4) Minutes drawn up by the staff with control powers provided for in par. ((2) lit. a) shall be transmitted, in photocopy, to the mayor of the commune, the city, the municipality or the sector of Bucharest + Article 87 ((1) Contraventions provided for in art. 86 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. (2) 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 fines provided for in art. 86 86 para. (1), the finding agent making mention of this possibility in the minutes. + Article 88 The mayor's provisions regarding the prior approval or rejection of the application for the granting of the right to the minimum income of inclusion, as well as those regarding the termination of the minimum income right of inclusion can be Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. + Chapter VII Transitional and final provisions + Article 89 (1) The social inspectors of the national agency for payments and social inspection shall carry out periodic checks at the level of administrative-territorial units, in order to verify compliance with the application of the ((2) At the request of the Executive Director of the territorial agency for payments and social inspection, the social inspectors referred to in par. (1) carry out field visits to beneficiaries of minimum income of inclusion, in order to verify the fulfilment of the eligibility conditions for granting the right. + Article 90 ((1) Amounts found to be received as a basis for social assistance granted on the basis of Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, of family support allowance granted on the basis Law no. 277/2010 on family support allowance, republished, with subsequent amendments and completions, and home heating aid granted on the basis of Government Emergency Ordinance no. 70/2011 on social protection measures during the cold season, approved by Law no. 92/2012 , with subsequent amendments and completions, not recovered until the date of entry into force of this law, shall be recovered under the conditions of art. 78-80. (2) For the amounts provided in par. ((1), the 180-day period shall be calculated from the date of entry into force of this Law. + Article 91 If the Ministry of Labour, Family, Social Protection and Elderly finds the increase in the value of the severe poverty threshold, established by more than 10% compared to the reference value, expressed in lei, provided in art. 15 15 para. (2), it proposes the corresponding modification of the level of average monthly net income/family member taken into account when determining the amount of the minimum income of inclusion, for each of the financial aid provided in art. 3 3 para. (2), which is approved by Government decision. + Article 92 (1) For the increase in quality of life, able-bodied persons from families receiving minimum income of inclusion, who do not have a job or do not make income on the basis of an individual employment contract, service report or other form provided by the law, benefit from inclusion measures on the labor market, provided by the legal regulations in force and constitute one of the priority categories for them. (2) The main measures of inclusion in the labor market for persons referred to in par. ((1) are: a) participation in literacy and second-chance education programmes, including programmes carried out at the local permanent learning centres at the local level provided for in art. 344 of the National Education Law no. 1/2011 , with subsequent amendments and completions; b) participation in the training/qualification/requalification courses recommended by the territorial employment agencies; c) providing advice and guidance services on the labour market; d) employment in social enterprises or social enterprises of insertion, under the conditions laid down by Law no. 219/2015 on social economy. (3) The measures provided in par. (2) are also available for able-bodied persons from families receiving minimum income of inclusion who make income under an individual employment contract, service report or other form provided by law, if they wish to obtain either higher income on the basis of an individual employment contract, service report or other form provided by law, or acquire competitive professional skills in the labour market. (4) The able-bodied persons from families receiving one or more components of the minimum inclusion income shall, as a priority, benefit from temporary occupancy measures for the execution of works and activities of interest to the communities local subsidised from the unemployment insurance budget. (5) Within 3 years from the date of entry into force of this Law, for 25% of able-bodied persons from families receiving minimum income of inclusion, institutions with attributions in the field are required to ensure at least one of the the measures provided in par. ((2) and (4). + Article 93 (1) Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Labour, Family, Social Protection and Elderly elaborates the methodological norms for the application of its provisions, which is approved by Government decision. (2) Until the entry into force of this Law, the national agency for payments and social inspection, as well as the other institutions with responsibilities in the field, are required to take the necessary administrative measures to implement the provisions this law. + Article 94 (1) On the date of entry into force of this Law shall cease from law: a) the social assistance rights established on the basis Law no. 416/2001 , with subsequent amendments and completions; b) family support allowance rights established on the basis of Law no. 277/2010 , republished, with subsequent amendments and completions; c) heating aid rights established on the basis of Government Emergency Ordinance no. 70/2011 , approved by Law no. 92/2012 , with subsequent amendments and completions. (2) The outstanding rights of social assistance established on the basis of Law no. 416/2001 , with subsequent amendments and completions, and family support allowance established on the basis of Law no. 277/2010 , republished, with subsequent amendments and completions, will be paid to their holders with the payment of the first right of minimum income of inclusion. (3) If, within 60 days from the payment provided in par. (2), in the accounts of the territorial agency for payments and social inspection are still registered outstanding rights as social assistance or family support allowance, the holder is obliged to request in writing to the territorial agency for payments and social inspection to be awarded to them no later than 30 days after the expiration of the 60-day period. After that date the rights are prescribed. ((4) For beneficiaries of social assistance established on the basis of Law no. 416/2001 , with subsequent amendments and completions, to which the mandatory home insurance was paid under the conditions Law no. 260/2008 , republished, for which, on the date of entry into force of this law, the deductions from law did not cover the full amount, it is recovered from the minimum income rights of inclusion granted under this law. Beneficiaries of social assistance who have not fulfilled the conditions for granting the minimum income of inclusion have the obligation to pay the remaining territorial difference to the territorial agency. + Article 95 In order to establish the rights provided for by this law, applications may be submitted 60 days before its entry into force, including in the case of beneficiaries of the social assistance rights established on the basis Law no. 416/2001 , with subsequent amendments and completions, and those of family support allowance based on Law no. 277/2010 , republished, with subsequent amendments and completions. + Article 96 The date of entry into force of this Law shall be repealed: a) Law no. 416/2001 on the guaranteed minimum income, published in the Official Gazette of Romania, Part I, no. 401 of 20 July 2001, with subsequent amendments and completions; b) Law no. 277/2010 on the family support allowance, republished in the Official Gazette of Romania, Part I, no. 785 of 22 November 2012, with subsequent amendments and completions; c) Government Emergency Ordinance no. 70/2011 on social protection measures during the cold season, published in the Official Gazette of Romania, Part I, no. 629 of 2 September 2011, approved by Law no. 92/2012 , with subsequent amendments and completions. + Article 97 This law shall enter into force on 1 April 2018, with the exception of art. 95, which takes effect on February 1, 2018. + Article 98 Annexes no. 1 and 2 are an integral part of this law. 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, October 31, 2016. No. 196. + Annex 1 DISTRIBUTION OF COUNTIES BY TEMPERATURE ZONES ┌ ------------------ ----- | Zone | No. | | County | ├ ------------------ ----- ------------------------------------- | Cold Zone | 1. | Harghita | |-------- | | | 2. | | Suceava | |-------- | | | 3. | | Covasna | |-------- | | | 4. | | Brasov | |-------- | | | 5. | Bistrita-Nasaud | |-------- | | | 6. | | Bacau | |-------- | | | 7. | | Botosani | |-------- | | | 8. | | Cluj | |-------- | | | 9. | Vaslui | |-------- | | | 10. | | Neamt | |-------- | | 11. | | Mures | |-------- | | | 12. | | Sibiu | |-------- | | | 13. | | Hunedoara | |-------- | | | 14. | Iasi | |-------- | | | 15. | Alba | ├ ------------------ ----- ------------------------------------- | Tempered area | 16. | Vrancea | |-------- | | | 17. | | Satu Mare | |-------- | | | 18. | Dambovita | |-------- | | | 19. | | Arges | |-------- | | | 20. | | Ialomita | |-------- | | | 21. | | Salaj | |-------- | | 22. | | Dolj | |-------- | | | 23. | | Maramures | |-------- | | 24. | | Galati | |-------- | | | 25. | | Prahova | |-------- | | | 26. | | Braila | |-------- | | 27. | | Buzau | |-------- | | 28. | | Olt | |-------- | | 29. | | Bihor | |-------- | | | 30. | | Teleorman | |-------- | | | 31. | Ilfov | |-------- | | 32. | | Gorj | ├ ------------------ ----- ------------------------------------- | Hot zone | 33. | | Giurgiu | |-------- | | 34. | | Tulcea | |-------- | | | 35. | | Valcea | |-------- | | | 36. | | Arad | |-------- | | | 37. | | Caras-Severin | |-------- | | | 38. | | Bucharest | |-------- | | 39. | | Calarasi | |-------- | | | 40. | | Timis | |-------- | | 41. | | Mehedinti | |-------- | | | 42. | | Constanta | └ ------------------ ----- + Annex 2 ┌ ----------------------------------------------------------------------------- | AVERAGE COLD ZONE CONSUMPTION | ├ ------------- [...] [...] [...] [...] [...] [...] [...] | Housing type/| | | | | | | | | | | monthly consumption | | | | | | | | | Gcal | January | February | March | November | December | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 1 camera | 1.01 | 0.84 | 0.74 | 0.82 | 0.91 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 2 rooms | 1.49 | 1.30 | 1.16 | 1.31 | 1.49 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 3 rooms | 1.94 | 1.70 | 1.52 | 1.70 | 1.94 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | ≥ 4 rooms | 2,70 | 2,27 | 2,11 | 2,37 | 2,70 | └ ------------- [...] [...] [...] [...] [...] [...] [...] ┌ ----------------------------------------------------------------------------- | AVERAGE CONSUMPTION TEMPERATE ZONE | ├ ------------- [...] [...] [...] [...] [...] [...] [...] | Housing type/| | | | | | | | | | | monthly consumption | | | | | | | | | Gcal | January | February | March | November | December | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 1 camera | 0.91 | 0.76 | 0.67 | 0.75 | 0.82 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 2 rooms | 1,36 | 1,18 | 1,06 | 1,19 | 1,36 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 3 rooms | 1.76 | 1.55 | 1.38 | 1.55 | 1.76 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | ≥ 4 rooms | 2,45 | 2,07 | 1,92 | 2,15 | 2,45 | └ ------------- [...] [...] [...] [...] [...] [...] [...] ┌ ----------------------------------------------------------------------------- | AVERAGE HOT ZONE CONSUMPTION | ├ ------------- [...] [...] [...] [...] [...] [...] [...] | Housing type/| | | | | | | | | | | monthly consumption | | | | | | | | | Gcal | January | February | March | November | December | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 1 camera | 0.82 | 0.68 | 0.61 | 0.67 | 0.74 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 2 rooms | 1.22 | 1.06 | 0.95 | 1.07 | 1.22 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | 3 rooms | 1.59 | 1.39 | 1.24 | 1.39 | 1.58 | ├ ------------- 留言 | 加入好友 ---- 留言 | 加入好友 ---- | ≥ 4 rooms | 2,21 | 1,86 | 1,73 | 1,94 | 2,21 | └ ------------- [...] [...] [...] [...] [...] [...] [...] -------