Procedures for the Granting and Disbursement of Remuneration for the Fulfilment of Guardian's 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 remuneration for the fulfilment of guardian's duties (hereinafter - remuneration), the amount of the remuneration and the procedures for the review thereof.

2. The amount of the remuneration shall be LVL 38 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 in the average monthly gross work remuneration of workers specified by the Central Statistical Bureau.

4. 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:

4.1. for the applicant for remuneration:

4.1.1. the given name, surname;

4.1.2. the personal identity number;

4.1.3. the address of the declared place of residence;

4.1.4. the telephone number or electronic mail address;

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

4.2. for the child:

4.2.1. the given name, surname;

4.2.2. the personal identity number;

4.3. the type of remuneration requested (remuneration for fulfilment of guardian's duties).

[12 May 2010]

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

[12 May 2010]

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

6. A remuneration shall not be granted:

6.1. in the cases specified in the Law On State Social Allowances;

6.2. if the applicant for remuneration fails to comply with the requirements specified in the Law On State Social Allowances for the receipt of the allowance;

6.3. [12 May 2010].

7. 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.

8. In order to receive the amount of a remuneration calculated, but not received due to the death of the recipient of remuneration, the applicant for remuneration shall submit a written request regarding the amount of the non-received remuneration to any division of the State Social Insurance Agency, indicating the following information:

8.1. for the applicant for remuneration:

8.1.1. the given name, surname;

8.1.2. the personal identity number;

8.1.3. the address of the declared place of residence;

8.1.4. the telephone number or electronic mail address;

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

8.2. information regarding the deceased recipient of remuneration (given name, surname, personal identification number, date of death).

[12 May 2010]

8.¹ The request referred to in Paragraphs 4 and 8 of this Regulation may also be submitted to the State Social Insurance 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]

8.² The applicant for remuneration shall certify with his or her signature that the information provided in the request referred to in Paragraphs 4 and 8 of this Regulation is true.

[12 May 2010]

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

[12 May 2010]

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

10. 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.

[12 May 2010]

11. If the Orphan's court has revoked guardianship and in accordance with Section 20, Paragraph three of the Law On State Social Allowances disbursement of the remuneration must be terminated, 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.

[12 May 2010]

12. 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.

13. 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 in the subsequent months and from which deductions are permitted.

14. 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]

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

16. Cabinet Regulation No. 182 of 15 March 2005, Procedures for the Granting and Disbursement of a Remuneration for the Fulfilment of Guardians' Duties (Latvijas Vēstnesis, 2005, No. 46; 2009, No. 103) is repealed.

17. 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. Koķe

Translation © 2012 Valsts valodas centrs (State Language Centre)