Regulations Regarding the Single Financial Support and the Benefit for Covering the Subsistence Costs for a Refugee and Person who has Acquired the Alternative Status

Issued pursuant to
Section 53, Paragraph eleven of the Asylum Law

I. General Provision

1. This Regulation prescribes the amount of the single financial support (hereinafter - the support) and the benefit for covering the subsistence costs (hereinafter - the benefit) for a refugee and person who has acquired the alternative status (hereinafter - the person), and also the conditions and procedures for granting and disbursing the support and benefit, and also for its suspending and terminating.

II. Amount of the Support, Conditions and Procedures for its Granting and Disbursement

2. The amount of the support:

2.1. for an adult - EUR 278.00 (except for the cases referred to in Sub-paragraph 2.2 of this Regulation);

2.2. if the persons are spouses (hereinafter - the spouses), then for one person - EUR 278.00, and for the other person - EUR 194.00;

2.3. for a minor - EUR 194.00.

3. One of the parents or the lawful representative of a minor person is entitled to request and receive the support for the minor by presenting a document which attests the lawful rights to represent the minor person. If the parents implement the custody jointly and cannot mutually agree on who of them will receive the support for the person under custody, the support for the person under custody shall be granted to the parent who is indicated in the decision of the Orphan's and Custody Court on the settlement of disagreements between the parents (operative part).

4. To receive the support, its requester shall present a personal identification document and submit the application for granting the support to the Office of Citizenship and Migration Affairs (hereinafter - the Office). The following information shall be indicated in the application:

4.1. the given name and surname;

4.2. the personal identity number;

4.3. the phone number and contact details for the notification of the decision taken by the Office (address of the actual place of residence, electronic mail address);

4.4. the substantiation for the receipt of the support (the acquired status, the substantiation for the amount of the support - an adult person, the spouse, a parent or lawful representative of a minor person);

4.5. the private account number in a credit institution or postal payment system of the Republic of Latvia;

4.6. if the support is requested for a minor person - the given name, surname, and personal identity number of the minor person;

4.7. the certification that the funds at the disposal of the person do not exceed the amount of the minimum monthly salary laid down in laws and regulations for each person for whom the support is requested.

5. If the spouses request the support concurrently, they shall, upon mutual agreement, indicate the amount of the requested support in conformity with Sub-paragraph 2.2 of this Regulation in their applications for granting the support. The conditions referred to in Sub-paragraph 2.2 of this Regulation shall be applicable also to the cases when the spouses do not request the support concurrently.

6. A requester of the support shall attest with his or her signature in the application for granting the support that the information provided therein is true.

7. An official of the Office shall take the decision to grant the support or to refuse to grant it in accordance with Section 53, Paragraph two of the Asylum Law.

8. If the decision to grant the support is taken, the Office shall, within five working days after the decision has been taken, transfer the support to the account in a credit institution or postal payment system of the Republic of Latvia indicated in the application of the person for granting the support. The support for a minor person shall be transferred to his or her lawful representative.

9. The Office shall take the decision to refuse to grant the support if:

9.1. the person does not meet the conditions for granting the support which are referred to in Section 53, Paragraph two of the Asylum Law and in this Regulation;

9.2. the person has already received the support as the person who has acquired the alternative status before acquiring the status of a refugee;

9.3 the requester of the support has provided false information in the application for granting the support.

III. Amount of the Benefit, Conditions and Procedures for its Granting and Disbursing, and also Suspending and Terminating its Disbursement

10. The amount of the benefit per month:

10.1. for an adult - EUR 139.00 (except for the cases referred to in Sub-paragraph 10.2 of this Regulation);

10.2. if the persons are spouses, then for one person - EUR 139.00, and for the other person - EUR 97.00;

10.3. for a minor person - EUR 97.00.

11. One of the parents or the lawful representative of a minor person is entitled to request and receive the benefit for the minor by presenting a document which attests the lawful rights to represent the minor person. If the parents implement the custody jointly and cannot mutually agree on who of them will receive the benefit for the person under custody, the benefit for the person under custody shall be granted to the parent who is indicated in the decision of the Orphan's and Custody Court on the settlement of disagreements between the parents (operative part).

12. In order to receive the benefit, its requester shall submit the application for granting the benefit to the State Social Insurance Agency (hereinafter - the Agency). The following information shall be indicated in the application:

12.1. the given name and surname;

12.2. the personal identity number;

12.3. the phone number and contact details for the notification of the decision taken by the Agency (address of the actual place of residence, electronic mail address);

12.4. the substantiation for the receipt of the benefit (the acquired status, the substantiation for the amount of the support - an adult person, the spouse, a parent or lawful representative of a minor person);

12.5. the private account number in a credit institution or postal payment system of the Republic of Latvia;

12.6. if the benefit is requested for a minor person - the given name, surname, and personal identity number of the minor person;

12.7. where applicable - the information on Group I or II disability determined by the State Medical Commission for the Assessment of Health Condition and Working Ability;

12.8. where applicable - the information that the person, after reaching the age of 15 years, acquires education in full-time studies in an accredited educational institution in Latvia (a statement of the educational institution shall be attached);

12.9. the certification that the funds at the disposal of the person do not exceed the amount of the minimum monthly salary laid down in laws and regulations for each person for whom the benefit is requested.

13. If the spouses request the benefit concurrently, they shall, upon mutual agreement, indicate the amount of the requested benefit in conformity with Sub-paragraph 10.2 of this Regulation in their applications for granting the benefit. The conditions referred to in Sub-paragraph 10.2 of this Regulation shall be applicable also to the cases when the spouses do not request the benefit concurrently.

14. A requester of the benefit shall confirm with his or her signature in the application for granting the benefit that the information provided therein is true, and agree that the personal data present in the information systems of the State and local governments are used for granting and receipt of the benefit.

15. The official of the Agency shall take the decision to grant the benefit or to refuse to grant the benefit for each person separately within 10 working days after receipt of the information referred to in Paragraph 12 of this Regulation.

16. If the decision to grant the benefit is taken, the Agency shall, once a month until the tenth date, transfer the benefit to the account in a credit institution or postal payment system of the Republic of Latvia indicated in the application of the person for granting the benefit.

17. The disbursement of the benefit shall be commenced not later than in the next calendar month after the day of granting the benefit, and it shall be disbursed once a month for the previous month. The benefit for a minor person shall be transferred to his or her lawful representative.

18. The Agency shall take the decision to refuse to grant the support if:

18.1. the person does not meet the conditions for granting the benefit which are referred to in Section 53, Paragraphs three, five and seven of the Asylum Law and in this Regulation;

18.2. the requester of the benefit has provided false information in the application for granting the benefit.

19. During the benefit disbursement period, the spouses have the right to change the parent who receives the benefit for a minor child. In such case a new application for granting the benefit shall be submitted to the Agency. If the disbursement of the benefit is terminated for one of the spouses, the other spouse is entitled to request to change the previously determined distribution of the amount of the benefit.

20. During the benefit disbursement period, the person, upon reaching the age of majority, is entitled to receive the benefit as an adult for the remaining time period in conformity with Sub-paragraph 10.1 of this Regulation. In such case a new application for granting the benefit shall be submitted to the Agency.

21. If the application with the request to change the parent who receives the benefit for minor children or to change the previously determined distribution of the amount of the benefit has been received, the Agency shall, within 10 working days, take a new decision to grant the benefit or to refuse to grant the benefit for each person separately by indicating from which date and for what time period the benefit is granted.

22. The Agency shall take the decision to suspend disbursement of the benefit from the first date of the next calendar month following the month in which the Agency has received the information on circumstances for the suspension of disbursement of the benefit in the cases laid down in the Asylum Law.

23. In order to renew the disbursement of the benefit, the person shall submit a new application for granting the benefit. The Agency shall take the decision to renew the disbursement of the benefit in accordance with the procedures laid down in this Regulation by indicating the time period for the disbursement of the benefit.

24. The Agency shall take the decision to terminate the disbursement of the benefit from the first date of the next calendar month following the month in which the Agency has received the information on circumstances for the discontinuation of disbursement of the benefit in the cases laid down in the Asylum Law or in case of death of the person.

25. If the disbursement of the benefit is suspended or terminated for an adult person, the disbursement of the benefit for a minor person shall be continued during the benefit disbursement period laid down in Section 53, Paragraph five of the Asylum Law.

26. The State Employment Agency shall provide the information to the Agency on the recipients of the benefit having the status of unemployed person and person seeking employment. Upon a request of the Agency, the State Employment Agency shall, not less than once a week, electronically provide to the Agency the information regarding the recipients of the benefit having the status of a person seeking employment. If the information cannot be submitted electronically, the State Employment Agency shall submit it in paper form.

27. The benefit shall be disbursed from the State basic budget.

IV. Closing Provision

28. This Regulation shall be applicable from 1 June 2017.

Informative Reference to Directive of the European Union

This Regulation contains legal norms arising from Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

Prime Minister Māris Kučinskis

Minister for Welfare Jānis Reirs

Translation © 2019 Valsts valodas centrs (State Language Centre)