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 which, upon its failure to exceed thereof, consisting of spouses or persons who have common expenses for provision of basic needs and who live in one dwelling, or a person living separately (hereinafter - the family (person)) shall be recognised as needy, and the procedures for recognising the family (person) as needy.

[20 June 2017]

2. The family (person) shall be recognised as needy if its average monthly income during the last three months per each member of the family does not exceed EUR 128.06 and if:

2.1. it does not own savings of monetary funds 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 been 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; 1 October 2013; 20 June 2017]

II Determination of the Status of the Needy Family (Person)

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

4. By signing the application referred to in Paragraph 3 of this Regulation, adult family members authorise one co-applicant who will carry out the necessary actions for the assessment of the material situation of the family.

[20 June 2017]

5. In order to assess the conformity of income and material situation of the family (person) with the conditions referred to in this Regulation, the family (person) shall declare its income and other material resources in the declaration of subsistence means (Annex 1) (hereinafter - the declaration).

[20 June 2017]

6. A specialist of social work of the social service office of the local government shall electronically prepare the declaration in the information system of the local government together with the applicant, using the data present in State and local government information systems and the documents referred to in Paragraphs 13.² and 13.³ of this Regulation. The applicant shall sign a printout of the declaration prepared in the local government information system, confirming the accuracy of the information provided in the declaration. The specialist of social work of the social service office of the local government shall confirm acceptance of the declaration.

[20 June 2017]

7. Where necessary, the social service office of the local government shall verify the accuracy of the information included in the declaration before taking a decision, visiting the family (person) at the place of residence, and draw up a home visit report of the family (person) at the place of residence (Annex 2).

[20 June 2017]

8. The social service office of the local government shall take a decision on conformity of the family (person) with the status of a needy family (person) no more than within one month after receipt of the application referred to in Paragraph 3 of this Regulation. If the average income of the family (person) exceeds the income level referred to in Paragraph 2 of this Regulation which is calculated in accordance with Annex 2.¹ to this Regulation, or other provisions referred to in this Regulation are not conformed to, the social service office of the local government shall take a decision to refuse to grant the status of the needy family (person).

[20 June 2017]

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

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

[29 May 2012]

10.¹ If the average income of the family (person) does not exceed the income level referred to in Paragraph 2 of this Regulation, however, other conditions referred to in this Regulation are not met, the social service office of the local government may take a decision on conformity with the status of the needy family (person) for a time period - one calendar 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; 20 June 2017]

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 needy family (person) after lodging the application 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 granted the status of a needy family (person) 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 needy family (person) and take a corresponding decision.

[29 May 2012]

III. Conditions for Assessment of the Income and Financial Situation

13. The following income of the family (person) and payments received shall be indicated in the declaration:

13.1. income from work and economic activity and other income and payments received for the last three complete calendar months before submitting the application referred to in Paragraph 3 of this Regulation in accordance with the types of income indicated in Sub-paragraph 2.1 of the declaration;

13.2. income of irregular nature (including income from alienation of property) and other income and payments received for the period of 12 calendar months before submitting the application referred to in Paragraph 3 of this Regulation in accordance with the types of income indicated in Sub-paragraph 2.2 of the declaration.

[20 June 2017]

13.¹ The amount of average income per month from the income referred to in Sub-paragraph 13.2 of this Regulation (including from the income from alienation of property) shall be calculated by dividing the amount of income by the number of calendar months from the day of receipt of income or performance of a transaction until the day of submitting the application referred to in Paragraph 3 of this Regulation, except the amount used for the acquisition of the only dwelling of the applicant.

[20 June 2017]

13.² The applicant who is a performer of economic activity shall append a statement regarding income from economic activity (Annex 4) to the declaration. The applicant who is an employee shall append to the declaration a statement of the employer regarding salary. Information regarding the last three complete calendar months before submitting the application referred to in Paragraph 3 of this Regulation shall be indicated in the statement.

[20 June 2017]

13.³ The applicant shall append to the declaration an extract from each opened payment account of a credit institution or postal payment system account regarding income for the last three complete calendar months and payments received before submitting the application referred to in Paragraph 3 of this Regulation.

[20 June 2017]

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 of maintenance which is paid by the person to a child, but without exceeding the minimum amount of maintenance for each child determined in the State, except the case when the maintenance is paid according to a writ of execution.

[29 May 2012]

17. [20 June 2017]

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. The following shall not be regarded as savings of monetary funds within the meaning of this Regulation:

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

19.1.¹ the land property which together with the land within the composition of the immovable property referred to in Sub-paragraph 19.1 of this Regulation does not exceed 5 ha for the family (person), and also holding's facilities (for example, garage, barn, granary, shed, cellar, bath-house, garden-house) or not more than two holding's facilities on the rented land functionally belonging to such immovable property;

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 applicant and other persons who have a joint household with the applicant 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. movable property - mechanical vehicles - no more than one unit for the family (person);

19.5. capital shares if due to insolvency proceeding or a decision of other competent authorities the owner has no possibilities to gain income from such property or act with it or if income has not been obtained during the period of 12 months due to suspension of economic activity;

19.6. savings of cash monetary funds and savings of monetary funds or balance in a credit institution or postal payment system which has accrued from income or payments received in the account (including recovered debt, material support provided by another person for a specific purpose) which at the end of the reporting period does not exceed EUR 128.06 for the family (person).

[29 May 2012; 5 May 2015; 20 June 2017]

19.¹ The status of the needy family (person) shall not be granted if the person or any of the family members has given his or her immovable property to another person as a gift during a period of six months before submitting the application referred to in Paragraph 3 of this Regulation.

[20 June 2017]

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

20. [20 June 2017]

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 needy family (person) 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 needy family (person), 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 needy family (person), 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]

27. A statement regarding conformity with the status of a needy family (person), which has been issued until 31 December 2017, 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).

[20 June 2017]

Prime Minister V. Dombrovskis

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

Annex 1
Cabinet Regulation No. 299
30 March 2010

[20 June 2017]

Declaration of Subsistence Means No. ____

Submitted on ___ _______________ 20____ ______________

1. Personal data

address of the place of residence

Other persons

2. Person's income

A. Person

3. Savings of monetary funds and securities of a person

3.1. Savings of cash monetary funds at the end of the reporting period

3.2. Savings of monetary funds in payment accounts of credit institutions or postal payment system, owned securities (shares, bonds, bills of exchange, State promissory notes, privatisation certificates, etc.) at the end of the reporting period

4. Immovable properties owned by the person

5. Mechanical vehicles owned by the person

6. Maintenance contracts entered into by the person

I append the following documents in annex

B. Person ...............................

C. Person ...............................

Notes.

1. * Shall not be taken into account in income.

2. ** When assessing, may be considered as permissible accumulation.

3. *** Information contained in the declaration is confidential and the requirements referred to in Section 16 of the Law on Social Security shall be applicable to it.

Annex 2
Cabinet Regulation No. 299
30 March 2010

[20 June 2017]

Home visit report No. ____
of the family (person) at the place of residence

Information regarding the dwelling

Information regarding services which are related to the use of the dwelling (shall be completed if data are necessary for the calculation of the dwelling allowance)

Heating	Water supply		Lavatory	Cooking
central heating individual gas heating stoves heated with wood ____ (number) individual central heating (coal, granules, woodchips, diesel fuel, etc.) individual electrical heating other	cold hot	meters are present meters are present	in the dwelling in the stairway outside Bathtub/shower in the dwelling in the stairway/corridor no	gas stove (liquefied gas) bottled gas (propane gas) electrical stove wood stove shared kitchen
	well is outside living premises no well, other type of supply (specify) ____________ Heating of water centralised with electricity with gas with wood (for bath tub)

Household appliances (complete where appropriate)

refrigerator	automatic washing machine	TV set
notes

Opinion of the adult persons met during the home visit and who are living in the dwelling on the situation

Adult persons met during the home visit and who are living in the dwelling

Employees of the social service office of the local government who participated in the home visit

Annex 2.¹
Cabinet Regulation No. 299
30 March 2010

[20 June 2017]

Average Amount of Income per One Person per Month

Annex 3
Cabinet Regulation No. 299
30 March 2010

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

has been granted the status of a needy family (person) 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 needy family (person) has been granted for the time period

from ___ __________ 20__ until ___ ___________ 20__.

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

Annex 4
Cabinet Regulation No. 299
30 March 2010

[20 June 2017]

Statement
Regarding Income from Economic Activity

Submitted on ___ _______________ 20____ ______________

taxpayer's registration No._________________________, hereby certify that I have obtained the following income from economic activity during the last three months:

Note. * Except the cases specified in Section 11, Paragraph twelve of the Law on Personal Income Tax.

I hereby certify that the information provided for in this statement is true and it has been or will be submitted to the State Revenue Service in accordance with the procedures laid down in laws and regulations.

Translation © 2017 Valsts valodas centrs (State Language Centre)