Procedures for the Granting and Disbursement of a Remuneration for the Care of an Adopted Child

Issued pursuant to Section
6.¹, Paragraph three, Section 15, Paragraph one,
Section 16, Paragraph six and Section 17,
Paragraphs one and two of the Law On State Social Allowances

1. This Regulation prescribes the procedures for the granting and disbursement of a remuneration for the care of an adopted child (hereinafter - remuneration), the amount of the remuneration and the procedures for the review thereof, as well as the documents to be submitted in order to receive the remuneration.

2. The remuneration shall be granted to the persons referred to in Section 6.¹, Paragraph one of the Law On State Social Allowances. A person employed in part-time work has the right to the remuneration if the person is employed for not more than 20 hours per week. The remuneration shall be granted to one of the adopters, in the care and custody of which a child to be adopted has been placed before the approval of the adoption in the court in accordance with the decision of the Orphan's court.

3. The amount of the remuneration shall be LVL 35 per month.

4. The Cabinet shall review the amount of the remuneration upon the proposal of the Minister for Welfare, evaluating the economic situation of the State, as well as taking into account the State budget capabilities and the increase in the average monthly gross work remuneration of workers specified by the Central Statistical Bureau.

5. In order to receive remuneration, an applicant for remuneration shall submit a written request to any division of the State Social Insurance Agency regarding granting of remuneration, indicating the following information:

5.1. for the applicant for remuneration:

5.1.1. the given name, surname;

5.1.2. the personal identity number;

5.1.3. the address of the declared place of residence;

5.1.4. the telephone number or electronic mail address;

5.1.5. the account number (21 symbols) of the credit institution or postal accounting system (PNS); and

5.2. for the child:

5.2.1. the given name, surname;

5.2.2. the personal identity number;

5.3. the type of remuneration requested (remuneration for the care of an adopted child).

[12 May 2010]

5.¹ The request referred to in Paragraph 5 of this Regulation may also be submitted to the State Social Security Agency in the form of an electronic document in accordance with the regulatory enactments regarding the drawing up of electronic documents, or sent by post.

[12 May 2010]

5.² The applicant for remuneration shall certify with his or her signature that the information provided in the request is true.

[12 May 2010]

5.³ When submitting a request for the granting of remuneration, the form inserted on the Internet home page of the State Social Security Agency (www.vssa.lv) may be used.

[12 May 2010]

5.⁴ The Orphan's court, which took the decision to place the child into the care of the adopter, shall, within three working days after coming into effect of the decision, inform the State Social Security Agency thereof.

[12 May 2010]

6. The State Social Insurance Agency shall take a decision on granting a remuneration on the basis of the information submitted to the State Revenue Service by the employer of the relevant person, which certifies that the relevant person is not employed, is on leave without retention of work remuneration, or a written statement by the employer for the time period, during which the applicant for remuneration has been determined part-time work (indicating the number of hours per week).

7. A division of the State Social Insurance Agency shall examine the request for granting a remuneration within a month after receipt thereof and take a decision on granting the remuneration or a refusal to grant the remuneration.

8. A division of the State Social Insurance Agency shall take a decision on refusal to grant the remuneration in the following cases:

8.1. the applicant for remuneration or the content of the request fails to comply with the requirements specified in the Law On State Social Allowances and in this Regulation;

8.2. [12 May 2010];

8.3. the applicant for remuneration has provided false data;

8.4. the State Social Insurance Agency has not received the information referred to in Paragraph 6 of this Regulation, because the employer has not submitted it to the State Revenue Office;

8.5. legal ground for granting of the remuneration has been lost.

9. A division of the State Social Insurance Agency shall inform the applicant for remuneration regarding the granting of remuneration or a justified refusal to grant the remuneration. If a decision has been taken on refusal to grant remuneration, the applicant for remuneration shall be informed in accordance with the Administrative Procedure Law.

10. The remuneration to a person who is an employee shall be granted for a period of time during which the person is on leave without retention of work remuneration. The remuneration shall be granted from the day of granting of the referred to leave.

11. The remuneration shall be granted to a person who is not employed (is not considered to be an employee or a self-employed person in accordance with the Law On State Social Insurance) or who works part-time for a period of time during which the child to be adopted is under the care and custody of the adopters in accordance with the decision of the Orphan's court.

12. Disbursement of the remuneration shall be commenced by a division of the State Social Security Agency not later than in the calendar month following the day of granting of the remuneration.

13. If circumstances have occurred for a recipient of remuneration, which could be the cause for terminating disbursement of the remuneration, the person shall have an obligation, within three working days, to inform any division of the State Social Insurance Agency thereof.

13.¹ If the Orphan's court takes a decision on termination of the placement of a child in the care of an adopter, the Orphan's court shall, within three working days after coming into effect of the decision, inform any division of the State Social Security Agency thereof.

[1 November 2011]

14. If due to the fault of a division of the State Social Security Agency remuneration has not been disbursed to a recipient of remuneration in the specified time period, the relevant amount shall be disbursed to him or her not later than the next calendar month after the day when the error made was determined.

15. A recipient of remuneration shall voluntarily refund the amount of the remuneration unjustifiably received due to the fault of the recipient of remuneration or it shall be withheld from such State social allowances that are payable to the person in the subsequent months and from which deductions are permitted.

16. If a recipient of remuneration fails to reimburse the sum of an unjustifiably received remuneration voluntarily or the disbursement of remuneration is discontinued prior to the discharge of the debt, the relevant sum shall be recovered by submitting an executive order to the bailiff for executing the administrative act on a compulsory basis.

[12 May 2010]

17. The disbursement of the remuneration shall be terminated on the first date of the month following the month when the circumstances occurred due to which the disbursement of the remuneration must be terminated (except cases when at the time of granting the remuneration the time period of the termination of the remuneration was already known).

18. For a person, regarding whom until 31 December 2009 a decision on granting remuneration has been taken by the Ministry of Welfare, the Ministry of Children and Family Affairs or the Ministry of Children, Family and Integration Affairs, the remuneration shall be disbursed by a division of the State Social Insurance Agency from 1 January 2010, on the basis of the referred to decision by the Ministry of Welfare, the Ministry of Children and Family Affairs or the Ministry of Children, Family and Integration Affairs.

19. The following regulatory enactments are hereby repealed:

19.1. Cabinet Regulation No. 194 of 30 July 2004, Regulations Regarding the Amount of Allowance for Child Care, the Procedures for Review Thereof and the Procedures for Granting and Payment of the Allowance (Latvijas Vēstnesis, 2004, No. 53, 116);

19.2. Cabinet Regulation No. 27 of 11 January 2005, Procedures for the Granting and Disbursement of a Remuneration for the Care of an Adopted Child (Latvijas Vēstnesis, 2005, No. 8; 2009, No. 103).

20. This Regulation shall come into force on 1 January 2010.

Prime Minister V. Dombrovskis

Acting for the Minister for Agriculture,
Minister for Education and Science T.Koke

Translation © 2012 Valsts valodas centrs (State Language Centre)