Procedures for the Granting and Disbursement of the Remuneration for the Fulfilment of Foster Family Duties

Issued pursuant to
Section 15, Paragraph one 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 the remuneration for the fulfilment of foster family duties (hereinafter - remuneration), the amount of the remuneration and review procedures thereof, as well as the documents to be submitted in order to receive the remuneration.

2. The amount of the remuneration shall be LVL 80 per month.

3. 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 of the average monthly gross work remuneration of employed persons specified by the Central Statistical Bureau.

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

4.1. the applicant's:

4.1.1. given name, surname;

4.1.2. personal identity number;

4.1.3. address of the declared place of residence;

4.1.4. telephone number or electronic mail address;

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

4.2. the child's:

4.2.1. given name, surname;

4.2.2. personal identity number; and

4.3. the type of the remuneration requested (remuneration for fulfilment of foster family duties).

[12 May 2010]

4.¹ The request referred to in Paragraph 4 of this Regulation may also be submitted to the State Social Insurance Agency in electronic form in accordance with the regulatory enactments regarding the drawing up of electronic documents or sent by post.

[12 May 2010]

4.² The applicant shall confirm with his or her signature that the information provided in the request is true.

[12 May 2010]

4.³ When submitting a request for the granting of the remuneration, the form placed on the Internet home page of the State Social Insurance Agency (www.vsaa.lv) may be used.

[12 May 2010]

4.⁴ The Orphan's Court which has taken the decision regarding the placement of a child into a foster family shall notify the State Social Insurance Agency thereof within three working days following the coming into legal effect of the decision.

[12 May 2010]

4.⁵ The self-government which has entered into a contract with the applicant regarding the placement of a child into a foster family, shall notify the State Social Insurance Agency thereof within three working days following the signing of the contract.

[12 May 2010]

5. Within one month following the receipt of a request regarding the granting of the remuneration, the State Social Insurance Agency shall review it and take a decision regarding the granting of the remuneration or refusal to grant the remuneration.

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

6.1. the applicant or the content of the request fails to comply with the requirements specified in the Law on State Social Allowances and in this Regulation;

6.2. a child has been placed into a foster family for a period not exceeding one month;

6.3. the remuneration has been requested by a member of the foster family who has not entered into a contract with the self- government regarding the placement of a child into a foster family;

6.4. [12 May 2010];

6.5. the applicant has provided false information; or

6.6. the legal grounds for the granting of the remuneration are no longer relevant.

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

8. Disbursement of the remuneration shall be commenced not later than in the next calendar month following the day of the granting of the remuneration.

9. Disbursement of the remuneration shall be ensured for the period of time indicated in the contract referred to in Paragraph 4.⁴ of this Regulation. If a child is placed into a foster family for a period of time that is shorter than one month, the amount of the remuneration shall be determined proportionate to the number of days, taking as a basis the amount of the remuneration per month specified in Paragraph 2 of this Regulation. Remuneration shall be granted from those budget resources of the self-government that has entered into a contract with the foster family.

[12 May 2010]

10. If such conditions have emerged for a foster family, which may be the basis for the discontinuation of disbursement of the remuneration, the applicant has a duty to notify any division of the State Social Insurance Agency thereof within three working days.

[12 May 2010]

11. If the residence of a child in a foster family has been terminated prior to the period of time specified in the contract upon the agreement between the Orphan's Court and the foster family or if the self-government has unilaterally terminated the contract, the self-government has a duty to notify any division of the State Social Insurance Agency thereof within one working day.

[1 November 2011]

11.¹ If the Orphan's Court takes the decision regarding the termination of the residence of a child in a foster family, the Orphan's Court shall notify any division of the State Social Insurance Agency thereof within three working days following the coming into legal effect of the decision.

[12 May 2010]

12. If due to the fault of a division of the State Social Insurance Agency the remuneration is not disbursed to the recipient of the remuneration within the time period specified, the respective amount shall be disbursed thereto not later than in the next calendar month following the day when the error was detected.

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

14. If a recipient of the remuneration fails to repay the sum of the unduly received remuneration voluntarily or disbursement of the remuneration is discontinued prior to the discharge of the debt, the relevant sum shall be recovered by submission of an execution order to the bailiff for the fulfilment of an administrative act by force.

[12 May 2010]

15. 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 for cases when at the moment of the granting of the remuneration the time period of the termination of the remuneration was already known).

16. Remuneration shall be disbursed from a division of the State Social Insurance Agency from 1 January 2010 to the member of a foster family (person) who has entered into a contract with a self-government regarding the placement of a child into a foster family until 31 December 2009, and for which a decision of the Ministry of Welfare, the Ministry of Child and Family Affairs or the Ministry of Child, Family and Social Integration Affairs regarding the granting of the remuneration has been taken, based on the respective decision.

17. Cabinet Regulation No. 1021 of 14 December 2004, Procedures for the Granting and Disbursement of the Remuneration for the Fulfilment of Foster Family Duties (Latvijas Vēstnesis, 2004, No.203; 2005, No.138; 2009, No.104), is repealed.

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

Prime Minister V. Dombrovskis

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

Translation © 2012 Valsts valodas centrs (State Language Centre)