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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.06.2012.–31.12.2013.
Amendments not included: 01.10.2013., 05.05.2015., 20.06.2017.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

21 December 2010 [shall come into force on 1 January 2011];
29 May 2012 [shall come into force on 1 June 2012].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 299
Adopted 30 March 2010

Regulations Regarding the Recognition of a Family or Person Living Separately as Needy

Issued pursuant to Section 33, Paragraph one of the
Social Services and Social Assistance Law

I. General Provisions

1. This Regulation prescribes the level of income and financial situation of a family, upon the failure to exceed whereof a family consisting of spouses, persons who have common expenses for food and who live in one dwelling or a person living separately (hereinafter - family (person)) shall be recognised as needy, as well as the procedures for the assessment of the income and financial situation of a family (person).

2. A family (person) shall be recognised as needy if its average monthly income during the last three months does not exceed 90 lats and if:

2.1. it does not own monetary accumulations, securities or property, except that referred to in Paragraph 19 of this Regulation;

2.2. it has not entered into a maintenance contract;

2.3. it does not receive services of a long-term social care and social rehabilitation institution or is not imprisoned;

2.4. the person has not registered with the State Employment Agency as an unemployed person in accordance with Section 37, Paragraph one of the Social Services and Social Assistance Law.

[21 December 2010; 29 May 2012]

II. Determination of the Status of a Family (Person) in Need

3. The social service office of the local government shall assess the conformity of a family (person) with the status of a family (person) in need after receipt of a submission regarding recognition of the family (person) as needy.

4. By signing the submission referred to in Paragraph 3 of this Regulation, the submitter and adult persons of his or her family shall permit the social service office of the local government to use the information regarding the family (person) available in local government and State data registers.

5. In order to assess the income and financial situation, the submitter shall complete and lodge a declaration of subsistence means (Annex 1) (hereinafter - declaration), as well as lodge statements or provide information regarding the income referred to in Paragraphs 13 and 13.1 of this Regulation if the necessary information is not in local government and State data registers.

[29 May 2012]

6. The submitter shall indicate information regarding the persons referred to in Paragraph 1 of this Regulation in the declaration. The submitter shall sign the declaration, confirming the veracity of the information indicated in the declaration.

7. The social service office of the local government shall examine the information provided in the declaration, using the information regarding the family (person) available in local government and State data registers or requesting information from the State and local government institutions, as well as private individuals, if necessary, also requesting documents confirming the information and surveying the family (person) at the place of residence (Annex 2).

8. The social service office of the local government shall take a decision on conformity of the family (person) with the status of a family (person) in need no more than within one month after receipt of the submission referred to in Paragraph 3 of this Regulation.

9. If the family (person) conforms to the status of a family (person) in need, the social service office of the local government shall issue a statement in writing regarding the conformity with the status of a family (person) in need (Annex 3). The family (person) shall be recognised as in need starting from the month when the decision to grant the status of a family (person) in need was taken.

10. The status of a family (person) in need shall be determined for a time period from three to six months.

[29 May 2012]

10.1 If the income of a family (person) does not exceed the amount referred to in Paragraph 2 of this Regulation, however, other conditions of this Regulation are not met, the social service office of the local government may take a decision on conformity with the status of a family (person) in need for a time period - one month. In such case the family (person) shall ensure the fulfilment of all conditions within one month from taking of the decision.

[29 May 2012]

11. Upon termination of the period referred to in Paragraph 10 of this Regulation, the family (person) may be repeatedly granted the status of a family (person) in need after lodging the submission referred to in Paragraph 3 and the documents referred to in Paragraph 5 of this Regulation.

12. If during the time period when a family (person) is determined the status of a family (person) in need, the composition of the family or the financial or social situation changes, the social service office of the local government shall re-assess the conformity with the status of a family (person) in need and take a corresponding decision.

[29 May 2012]

III. Conditions for Assessment of the Income and Financial Situation

13. The following income of a family (person) shall be indicated in a declaration:

13.1. for the last full three calendar months:

13.1.1. income from paid work;

13.1.2. State social insurance benefits, remunerations and pensions (including supplementary payment to pension), State social benefits, grants, compensations, means of support;

13.1.3. financial support provided by a spouse or a parent of the child living separately;

13.1.4. other income, except those referred to in Paragraph 14 of this Regulation;

13.2. income from selling of immovable and movable property, obtained during the last 12 calendar months prior to lodging the submission referred to in Paragraph 3 of this Regulation. The average amount of income per month to be indicated in the declaration shall be calculated, taking into account the time period from the time of transaction until lodging the submission to the social service office of the local government, except the amount utilised for provision of the only place of residence.

[29 May 2012]

13.1 Income of the family (person) from economic of professional activity, as well as subsidies for agriculture and rural development for the last full three calendar months or for the time period from 1 January until 31 December of the previous year shall be indicated in the declaration. The average amount of income per month to be indicated in the declaration shall be calculated, taking into account the time period of income.

[29 May 2012]

14. The income referred to in Section 5 of the Social Services and Social Assistance Law, as well as social assistance benefits previously disbursed by the local government and social guarantees to an orphan and a child left without parental care after termination of extra-familial care, as well as the monetary funds obtained from charity funds, the student loan and the financial benefit obtained as a result of social campaigns shall not be considered as income within the meaning of this Regulation.

15. Income shall be declared according to the amount after payment of taxes.

[29 May 2012]

16. In calculating the average income, the social service office of the local government shall reduce the amount of income for the amount which is paid by the person as means of support to a child, but without exceeding the minimum amount of means of support for each child determined in the Stated, except the case when means of support are paid according to a writ of execution.

[29 May 2012]

17. The local government may determine the amount of monthly credit payment in the binding regulations, for which the social service office of the local government shall reduce the amount of income in calculating the average income.

18. If during lodging the declaration the family (person) does not have income, except the State family benefit, however, the average income of such person during the preceding three calendar months were equal to or smaller than the minimum monthly wage in effect in the State on 1 January of the relevant year, the income of such person shall not be taken into account in assessment of the income and financial situation of the family (person).

19. Within the meaning of this Regulation the following shall not be deemed property:

19.1. the immovable property or a part thereof where the submitter and other persons who have a joint household with the submitter have declared their place of residence and reside;

19.2. the immovable property and savings of monetary funds of a child in credit institutions, if there is no permission of the Orphan's Court to take actions with them;

19.3. apartment or house equipment, clothing, household objects, children's accessories, as well as other property and objects which belong to the submitter and other persons who have a joint household with the submitter and against which recovery according to execution documents cannot be directed in accordance with Annex 1 to the Civil Procedure Law, except the monetary funds indicated in Paragraph 3 of the referred-to Annex;

19.4. the movable and immovable property stated in the binding regulations of the local government;

19.5. capital shares and stock, if the owner has no possibilities of taking actions with such property due to insolvency proceedings or according to an adjudication of other competent authorities.

[29 May 2012]

IV. Procedures for Contesting and Appeal of a Decision on Conformity with the Status of a Family (Person) in Need

20. If the income of a family (person) exceed the level of income laid down in Paragraph 2 of this Regulation or other requirements referred to in this Regulation have not been complied with, except the case referred to in Paragraph 10.1 of this Regulation, the social service office of the local government shall take a decision to refuse to grant the status of a family (person) in need.

[29 May 2012]

21. The decision of the social service office of the local government on conformity or non-conformity of a family (person) with the status of a family (person) in need may be contested in the local government council or another institution determined by the local government council. A family (person) may appeal the decision taken by the local government council or another institution determined by the local government council to a court in accordance with the procedures laid down in the Administrative Procedure Law.

V. Closing Provisions

22. Cabinet Regulation No. 214 of 3 March 2009, Regulations Regarding the Recognition of a Family or Person Living Separately as Needy (Latvijas Vēstnesis, 2009, No. 42), is repealed.

23. A statement regarding conformity with the status of a family (person) in need, which has been issued until the day of coming into force of this Regulation, shall be valid until expiry of the time period indicated therein, if the family (person) does not request re-assessment of the financial resources thereof.

24. This Regulation shall come into force on 1 April 2010.

25. [29 May 2012]

26. A statement regarding conformity with the status of a family (person) in need, which has been issued until 31 May 2012, shall be valid until expiry of the time period indicated therein, if there are no grounds for re-assessment of the financial resources of the family (person).

[29 May 2012]

Prime Minister V. Dombrovskis

Minister for Welfare,
Acting for the Minister for Justice U. Augulis

 

Annex 1
Cabinet Regulation No. 299
30 March 2010

Declaration of Subsistence Means

Lodged on ___ _______________ 20____

Please assess my conformity and the conformity of the persons indicated in the declaration with the status of a family (person) in need. I provide the following information regarding myself and other persons with whom I have shared expenses for food and who live

  in one dwelling:
(address of the place of residence)  

1. The submitter and the persons living together with the submitter

No. Given name, surname Personal identity number Kinship in relation to the submitter Occupation/type of income Average monthly income (LVL)
      X    
           
           
           
           
           
           

2. Places of employment of employed persons

No. Given name, surname Name, address of the place of employment
     
     
     

3. The spouse living separately or one or both parents of the child living separately

No. Given name, surname Personal identity number Kinship in relation to the submitter Occupation/type of income Address of the place of residence
           
           

4. Immovable property

No. Owner (given name, surname) Type Area Address
         
         
         

5. Movable property (for example, vehicles, manufacturing means and facilities, equipment, productive livestock)

No. Owner (given name, surname) Type of the movable property (for a vehicle - make) Quantity (for a vehicle - the year of construction and registration)
       
       
       
       

6. Debt obligations

No. Given name, surname Type and duration of debt obligations Amount of monthly payment (LVL)
       
       

7. Maintenance contracts entered into

No. Who has entered into the contract (given name, surname) With whom the contract has been entered into (given name, surname, personal identity number) When and regarding what the contract has been entered into (object of the contract)
       
       

8. Securities and savings of monetary funds during drawing up of the declaration

No. Owner (given name, surname) Type Value (LVL)
       
       

I certify that the information provided in the declaration is complete and true.

(given name, surname of the submitter)   (signature)
(date)  

Declaration was accepted by the social work specialist

     
(given name, surname)   (signature)
   
(date)  

Minister for Welfare,
Acting for the Minister for Justice U. Augulis

 

Annex 2
Cabinet Regulation No. 299
30 March 2010

Act for the Survey of a Family (Person) at the Place of Residence

The social service office of the local government of

 
___ _______________ 20__ No.________
     
(given name, surname of the client)   (address)
(telephone number)

 

  (door code of the stairway)
Reason for the survey (problem)
 
 
Findings of the survey
 
 
 
 
 
Amenities of the apartment
 
 
Heating Water Lavatory Bathtub/shower Stove
central gas cold in the apartment in the apartment bottled gas
local coal hot outside shared use gas-pipe
wood electricity in the stairway/corridor none wood stove
Number of furnaces       electrical stove
Client's opinion regarding the solution to the situation
 
 

Client's signature _________________________ Date ________________

The following persons participated in the survey:

Given name, surname Position Signature
     
     

Minister for Welfare,
Acting for the Minister for Justice U. Augulis

 

Annex 3
Cabinet Regulation No. 299
30 March 2010

Statement Regarding Conformity with the Status of a Family (Person) in Need

Issued on ___ _____________ 20___ No. ______
  social service office
(of the city/municipality council)
confirms that the family (person), the address of the place of residence of which is  
       
    and which consists of the following family members:
1)  
  (given name, surname, personal identity number)
2)  
  (given name, surname, personal identity number)
3)  
  (given name, surname, personal identity number)
4)  
  (given name, surname, personal identity number)
5)  
  (given name, surname, personal identity number)
6)  
  (given name, surname, personal identity number)

has been specified the status of a family (person) in need in accordance with Cabinet Regulation No. 299 of 30 March 2010, Regulations Regarding Recognition of a Family or Person Living Separately as Needy.

The status of a family (person) in need has been specified for the time period

from ___ __________ 20__ until ___ ___________ 20__.

(given name, surname of the head of the social service office)   (signature)   (date)

Minister for Welfare,
Acting for the Minister for Justice U. Augulis

 


Translation © 2013 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 299Adoption: 30.03.2010.Entry into force: 01.04.2010.Publication: "Latvijas Vēstnesis", 51/52 (4243/4244), 31.03.2010.
Language:
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