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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 06.03.2015.–16.08.2018.
Amendments not included: 14.08.2018.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

22 March 2011 [shall come into force from 26 March 2011];
16 August 2011 [shall come into force from 25 August 2011];
3 September 2013 [shall come into force from 1 January 2014];
3 March 2015 [shall come into force from 6 March 2015].

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. 1042
Adopted 16 November 2010

Regulations Regarding Social Guarantees of Soldiers

Issued in accordance with
Section 20, Section 24, Paragraph one,
Section 29, Paragraphs one, two and three,
Section 30, Paragraphs one and two,
Sections 33 and 34, and Paragraph 7.1
of Transitional Provisions of the Law On Remuneration of Officials
and Employees of State and Local Government Authorities

[16 August 2011]

I. General Provisions

1. This Regulation prescribes:

1.1. the procedures for disbursing benefit to professional service soldiers (hereinafter - soldier) in the event of death of a family member (spouse, child, parent, grandparent, adopter or adoptee, brother or sister) or a dependant;

1.1.1 the procedures for granting and disbursing a resettlement allowance to the soldier if the acceptance of a soldier into professional service or the relocation of a soldier in the interests of the service is related to a change of his or her place of residence to another administrative territory of the Republic of Latvia (hereinafter - resettlement allowance);

1.2. the procedures for disbursing compensation to soldiers for expenses incurred while using public transport for the performance of service duties, and the amount of the compensation;

1.3. the procedures for disbursing compensation to soldiers for expenses incurred while using a vehicle owned by or in possession of him or her for the performance of service duties if it is not possible to use a vehicle in possession of the National Armed Forces or public transport for the performance of service duties, and the amount of the compensation;

1.4. the procedures for disbursing compensation to soldiers, reserve soldiers and reservists of expenses incurred by using public transport for going to and returning from a medical or rehabilitation facility, and the amount of the compensation;

1.5. the procedures for granting and disbursing monthly compensation to a soldier who in the interests of the service shall change the place of residence to another administrative territory of the Republic of Latvia and his or her spouse loses employment due to the resettlement and does not receive an unemployment benefit, a pension or any other regular income and has not found another job in the locality of the place of the new dislocation or place of service (hereinafter - compensation in relation to the loss of income of the spouse);

1.6. the procedures for compensating the expenses related to resettlement to another administrative territory of the Republic of Latvia (transportation of belongings owned by the soldier, family members and dependants) to a soldier if he or she is relocated in the interests of the State or service to another administrative territory and who therefore changes his or her place of residence (hereinafter - compensation of expenses related to resettlement), and the amount of the compensation;

1.7. the amount of losses caused to the property of the soldier or his or her family members (parents, grandparents child, grandchild, adoptee or adopter, brother, sister or spouse) or impairment caused to the health in relation to performance of service duties of the soldier and procedures for compensation thereof;

1.8. the procedures for compensating the purchase of civil clothes necessary for the performance of service duties to a soldier, whose service duties are to be performed in civil clothes due to specifics thereof, and the amount of the compensation; and

1.9. the procedures for granting and disbursing a childbirth allowance to a soldier in 2010, 2011, and 2012 if a child is born within 306 days after coming into force of the Law On Remuneration of Officials and Employees of State and Local Government Authorities.

[16 August 2011; 3 September 2013]

2. The benefits, allowances and compensations referred to in this Regulation shall be disbursed from the funds of the State budget allocated to the Ministry of Defence for such purpose.

II. Benefit in the Event of Death of a Family Member or Dependant

3. In order for the soldier to receive a benefit in the event of death of a family member (spouse, children, parents, grandparents, adopters or adoptees, brothers or sisters) or a dependant, the soldier within one year after the death of the family member or dependant shall submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) the following documents:

3.1. a submission for the granting the benefit;

3.2. a copy of a death certificate (presenting the original document); and

3.3. a copy of a document confirming kinship, marriage or dependent-care (presenting the original document).

4. The requirement to submit copies of documents and present the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

5. If the soldier does not submit the documents referred to in Sub-paragraphs 3.2 and 3.3 of this Regulation, the National Armed Forces or the relevant institution shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

6. The benefit in the event of death of a family member or a dependant shall be disbursed within one month after receipt of the documents referred to in Paragraph 3 of this Regulation on the basis of the decision of the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution, transferring the amount of the benefit to the account of the credit institution indicated by the soldier.

II1. Resettlement Allowance

[16 August 2011]

6.1 In order to receive a resettlement allowance, the soldier shall, within two months after the change of the place of residence, lodge a submission for the granting a resettlement allowance (Annex 8) to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service). The submission shall include the following:

6.11. the reason for the change of the place of residence (acceptance into professional service or relocation in the interests of the service);

6.12. information on every family member who resettles together with the soldier;

6.13. information attesting the change of the declared place of residence of the soldier and his or her family members; and

6.14. the account in a credit institution to which the resettlement allowance is to be transferred.

6.2 A soldier may append to the submission referred to in Paragraph 6.1 of this Regulation the following documents:

6.21. copies of documents attesting the change of the declared place of residence of the soldier and his or her family members (presenting the original documents); and

6.22. copies of documents confirming the kinship of the soldier and his or her family members (presenting the original documents).

6.3 The requirement to submit copies of documents presenting the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

6.4 If the soldier does not submit the documents referred to in Paragraph 6.2 of this Regulation, the National Armed Forces or the relevant institution shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

6.5 If soldiers, who are relocated in the interests of the service to another administrative territory of the Republic of Latvia, are spouses, the resettlement allowance for each family member who resettles to the new place of residence together with them shall be granted to the soldier whose allowance is greater in amount.

6.6 The resettlement allowance shall be disbursed within one month after receipt of the documents referred to in Paragraph 6.1 of this Regulation on the basis of the decision of the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution, transferring the amount of the allowance to the account in the credit institution indicated in the submission of the soldier. The resettlement allowance shall not be disbursed if the change of the place of residence of a soldier and his or her family members occurs after two years from the day when the soldier has been accepted into professional service or relocated in the interests of the service.

6.7 If the change of the place of residence of a soldier and his or her family members does not take place concurrently, the soldier shall submit the documents referred to in Paragraph 6.1 of this Regulation for each person individually within two months after the change of the place of residence of the respective family members.

6.8 A soldier shall repay to the State budget the resettlement allowance disbursed to him or her unjustifiably if he or she has submitted false or incomplete information.

III. Compensation of Expenses for Public Transport

7. The amount of compensation related to the use of public transport for the performance of service duties shall be determined by taking into account the corroborative documents confirming actual expenses (tickets).

8. In order to receive the compensation referred to in Sub-paragraph 1.2 of this Regulation, the soldier until the tenth day of the next month shall submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service), or their authorised official the following documents:

8.1. a submission for the granting a compensation of expenses for public transport. Information on the use of public transport for the performance of service duties (Annex 1) shall be appended to the submission indicating each time when the public transport was used in the previous calendar month; and

8.2. corroborative documents confirming the actual expenses related to the use of public transport (tickets).

9. In order to receive the compensation referred to in Sub-paragraph 1.4 of this Regulation, a soldier shall, within one month after the visit to a medical or rehabilitation facility, submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service), or their authorised official, but the reserve soldier and reservist - to the Commander of the Training Management Command of the National Armed Forces or their authorised official the following documents:

9.1. a submission for the granting a compensation of expenses for public transport; and

9.2. corroborative documents confirming the actual expenses related to the use of public transport (tickets).

[3 September 2013]

10. The compensation of expenses for public transport shall be disbursed within one month after receipt of the documents referred to in Paragraphs 8 and 9 of this Regulation by transferring the amount of the compensation to the account in the credit institution indicated in the submission.

11. The institution may provide a soldier with a public transport smart card or a monthly ticket. In this case, a soldier shall not submit the documents referred to in Paragraphs 8 and 9 of this Regulation, but the soldier provides information on the need to use the public transport for the performance of service duties (Annex 1).

IV. Compensation for the Use of a Personal Vehicle

12. If it is not possible to use a vehicle in the possession of the National Armed Forces or the institution or public transport for the performance of service duties, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution, or their authorised official shall enter into a contract with a soldier on the use of a vehicle owned by or in the possession of the soldier for ensuring of the performance of service duties, and also the procedures for compensating expenses related to depreciation and exploitation thereof.

13. The type and brand of fuel and its standard consumption per 100 km, and also the reading on the odometer (mileage counter) at the beginning of the exploitation of the vehicle shall be indicated in the contract.

14. In order to receive the compensation for the depreciation of the personal vehicle and expenses for exploitation thereof, a soldier shall, in accordance with the procedures laid down by the head of the institution, submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service), or their authorised official the following documents:

14.1. a submission for the granting a compensation for the use of a personal vehicle;

14.2. corroborative documents confirming the actual expenses for the consumed fuel (checks, receipts); and

14.3. a waybill or a route sheet.

15. The amount of the compensation for the depreciation of the personal vehicle and expenses for exploitation thereof, excluding the expenses for consumed fuel, shall not exceed four cents per every kilometre travelled. The specific amount of compensation shall be determined by the Commander of the National Armed Forces or the head of the institution by taking into account the engine capacity, year of manufacture and mileage.

[3 September 2013]

16. The compensation for the use of a personal vehicle shall be disbursed within one month after receipt of the documents referred to in Paragraph 14 of this Regulation and the authorisation of the calculations referred to in Paragraph 15 of this Regulation by transferring the amount of the compensation to the account in the credit institution indicated in the submission.

V. Compensation of Expenses Related to Resettlement

17. Expenses related to resettlement shall be compensated for a soldier in full amount, but not more than 284.57 euros, taking into account the price of the submitted public transport tickets or costs for the consumed fuel, and also the costs for a service in accordance with the submitted invoice of the service provider (if such services were used for the transportation of belongings owned by the soldier, his or her family members and dependants). The soldier shall draw up a statement regarding costs for the consumed fuel. The statement shall include the route, number of kilometres, fuel consumption per 100 km of a vehicle, brand of fuel and costs for fuel in accordance with the cashier's check (receipt) of the petrol station.

[3 September 2013]

18. In order to receive the compensation of expenses related to resettlement, a soldier shall, within two months after the declaration of the new place of residence, submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) the following documents:

18.1. a submission for the compensation of expenses related to resettlement;

18.2. corroborative documents confirming the expenses related to resettlement (for example, tickets, invoices, checks, receipts); and

18.3. the statement referred to in Paragraph 17 of this Regulation if a vehicle is used for the transportation of belongings.

19. The compensation of expenses related to resettlement shall be disbursed within one month after receipt of the documents referred to in Paragraph 18 of this Regulations by transferring the amount of the compensation to the account of the credit institution indicated in the submission of the soldier.

VI. Compensation in Relation to the Loss of Income of the Spouse

20. In order to receive compensation in relation to the loss of income of the spouse, the soldier shall submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) the following documents:

20.1. a submission for granting a compensation (Annex 2);

20.2. a copy of a document certifying marriage (presenting the original document);

20.3. a statement of the declared place of residence of the spouse;

20.4. documents which state that:

20.4.1. before the resettlement the spouse has been an employee or a self-employed person in accordance with the Law On State Social Insurance;

20.4.2. the spouse has been granted the status of an unemployed person and he or she does not receive an unemployment benefit;

20.4.3. the spouse is not deemed to be an employee or a self-employed person in accordance with the Law On State Social Insurance;

20.4.4. the spouse does not receive any other State social insurance benefits; and

20.4.5. the spouse does not receive pension or a compensation for the loss of ability to work.

21. The requirement to submit copies of documents and present the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

22. If the soldier does not submit the documents referred to in Sub-paragraphs 20.2, 20.3, and 20.4 of this Regulation, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall acquire the specified information in accordance with the procedures laid down in the Administrative Procedure Law.

23. After the receipt and assessment of the documents laid down in Paragraph 20 of this Regulation, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall take a decision to grant or reject to grant the compensation within the time period laid down in the Administrative Procedure Law. The soldier has the right to contest this decision in accordance with the procedures laid down in Section 10 of the Military Service Law.

24. The compensation shall not be granted to a soldier if his or her spouse has become unemployed due to other reasons than the change of the place of service of the soldier.

25. The disbursement of the compensation to a soldier shall be commenced within one month after the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) has taken the decision and henceforward shall be disbursed concurrently with the monthly salary by transferring the amount of the compensation to the account in the credit institution indicated by the soldier. If the compensation is disbursed for an incomplete calendar month, the amount thereof shall be calculated in proportion to the calendar days of the relevant month, starting from the day when the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) has received the documents referred to in Paragraph 20 of this Regulation.

26. In accordance with the procedures laid down in the Administrative Procedure Law, every three months the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall request information on the compliance of the documents referred to in Paragraph 20 of this Regulation with the information initially provided therein.

27. If the spouse of a soldier acquires the status of an employee or a self-employed person in accordance with the Law on State Social Insurance, starts to receive State social insurance benefit, pension, compensation for the loss of ability to work, or if a court judgement on the dissolution of marriage has come into effect, or the spouse is deceased, the soldier shall, within five days after the relevant event, inform in writing the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) thereof.

28. The disbursement of the compensation shall be terminated from the day when one of the events referred to in Paragraph 27 of this Regulation have occurred.

29. A soldier shall repay to the State budget the compensation disbursed to him or her unjustifiably if he or she has submitted false or incomplete information or has not complied with the conditions referred to in Paragraph 27 of this Regulation.

VII. Compensation for the Losses Caused to the Property of the Soldier or His or Her Family Member in Relation to the Performance of Service Duties

30. State property transferred for use shall not be deemed as a property of a soldier or his or her family member (parents, grandparents, child, grandchild, adoptee or adopter, brother, sister or spouse).

31. In order to receive the compensation for the losses caused to the property of the soldier or his or her family member in relation to the performance of service duties, the soldier or his or her family member shall, within 12 months after the caused losses, submit a written submission (Annex 3) to the Commander of the National Armed Forces.

32. Copies of documents (presenting the original documents) confirming the ownership rights or rights to possession of the requester of the compensation for the losses, and also the documents confirming the fact of the losses caused to the property of the soldier or his or her family member and the amount of losses caused shall be appended to the submission.

33. If a family member of the soldier lodges the submission, copies of documents (presenting the original documents) referred to in Paragraph 32 of this Regulation and copies of documents (presenting the original documents) confirming the kinship or marriage of the person to the soldier or the fact of adoption shall be appended to the submission.

34. The requirement to submit copies of documents referred to in Paragraphs 32 and 33 of this Regulation and to present the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

35. If a soldier or his or her family member does not submit the documents confirming the ownership rights or rights to possession of the requester of the compensation for the losses or the documents confirming the kinship or marriage of the person to the soldier or the fact of adoption to be appended to the submission, the National Armed Forces shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

36. The Commander of the National Armed Forces shall establish a commission (hereinafter - the Commission of the National Armed Forces). Within one month after receipt of the submission, the Commission of the National Armed Forces shall examine the submitted documents, assess the casual relationship between the losses caused to the soldier or his or her family member as a result of actions of another person and the performance of service duties of the soldier and take a reasoned decision to compensate, to partially compensate the caused losses or to refuse to compensate the caused losses. If additional information or additional examination of circumstances causing such losses or the actual amount and calculations of the losses are required, the Commission of the National Armed Forces shall, within two months after receipt of the submission, take a decision and inform the submitter in writing thereof.

[3 March 2015]

37. When assessing the losses caused to the property of the soldier or his or her family members, the Commission of the National Armed Forces is entitled to invite specialists and experts, and also request documents from institutions required for the taking a decision.

38. When assessing the documents referred to in Paragraphs 31, 32, and 33 of this Regulation, the Commission of the National Armed Forces is entitled to take one of the following decisions:

38.1. to compensate the caused losses in full amount, but not exceeding 71,145 euros;

38.2. to partially compensate the caused losses in accordance with the assessment carried out by the specialists and experts invited by the Commission, but not exceeding 71,145 euros; or

38.3. to refuse to compensate the caused losses.

[3 September 2013]

39. Taking into account the market value of the property determined by the experts, the Commission of the National Armed Forces may take a decision regarding partial compensation of the caused losses if the value of the caused losses assessed by the invited specialists and experts is lower than the one indicated by the requester of the compensation for the losses.

40. The Commission of the National Armed Forces shall take a decision to refuse to compensate the caused losses if:

40.1. a soldier or his or her family member has not submitted documents confirming the fact of the losses caused to the property of the soldier or his or her family member and the documents confirming the amount of losses caused together with the submission; or

40.2. following the examination of documents referred to in Paragraphs 32 and 33 of this Regulation, no casual relationship between the losses to the property and the performance of service duties of the soldier has been determined.

41. The refusal to compensate the caused losses, based on the fact that all the documents necessary for the taking a decision have not been submitted, shall not be an obstacle for lodging the submission repeatedly.

42. Within three working days after taking the decision referred to in Paragraph 38 of this Regulation, the Commission of the National Armed Forces shall inform a soldier or his or her family member by sending a true copy of the decision.

43. The decision referred to in Paragraph 38 of this Regulation may be contested by lodging a relevant submission the Minister for Defence within one month after receipt of the decision.

44. The decision of the Minister for Defence may be appealed in the court within one month after receipt thereof.

45. The compensation for the losses caused to the property of the soldier or his or her family members shall be disbursed within 30 days after sending the decision referred to in Paragraph 38 of this Regulation. The amount of the compensation shall be transferred to the account of the credit institution indicated in the submission of the soldier or his or her family member.

VIII. Compensation for Health Impairment Caused to a Family Member of a Soldier

46. In order to receive compensation for health impairment of a family member (parent, grandparent, child, grandchild, adopter or adoptee, brother, sister or spouse) of a soldier caused due to the performance of service duties of the soldier, within 12 months after the caused impairment the family member of the soldier shall submit a written submission to the Ministry of Defence for the receipt of the compensation for the health impairment caused to the family member (Annex 4).

47. The family member of the soldier shall append to the submission copies of documents (presenting the original documents) confirming the fact of the caused health impairment, as well as copies of documents confirming the kinship or marriage of the person to the soldier or the fact of adoption.

48. The request to submit copies of documents and present the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

49. If the family member of the soldier does not submit the documents confirming the kinship or marriage of the person to the soldier or the fact of adoption to be appended to the submission, the National Armed Forces shall acquire the referred information in accordance with the procedures laid down in the Administrative Procedure Law.

50. The Minister for Defence shall establish a commission (hereinafter - Commission of the Ministry of Defence). Within one month after receipt of the submission, the Commission of the Ministry of Defence shall examine the submitted documents, assess the casual relationship between the health impairment caused to the family member of the soldier as a result of actions of another person and the performance of service duties of the soldier and take a reasoned decision regarding the compensation or partial compensation for the caused health impairment or the refusal to compensate the caused health impairment. If additional information or examination of circumstances causing such impairment is required, the Commission of the Ministry of Defence within two months after the receipt of the submission shall take a decision and inform the submitter in writing thereof.

[3 March 2015]

51. When assessing the health impairment caused to the family members of the soldier, the Commission of the Ministry of Defence is entitled to invite specialists and experts, as well as request documents from institutions required for the taking of the decision.

52. When assessing the documents referred to in Paragraphs 46 and 47 of this Regulation, the Commission of the Ministry of Defence is entitled to take one of the following decisions:

52.1. to compensate the caused health impairment, but not exceeding the amount of 71,145 euros;

52.2. to partially compensate the caused health impairment in accordance with the opinion of the specialists and experts invited by the Commission, but not exceeding the amount of 71,145 euros; or

52.3. to refuse to compensate the caused health impairment.

[3 September 2013]

53. The Commission of the Ministry of Defence may take a decision to partially compensate the health impairment caused if in the opinion of the invited specialists and experts regarding the scope of the health impairment caused it is indicated that the scope of the health impairment caused is smaller than the one indicated by the requester of the compensation for the impairment.

54. The Commission of the Ministry of Defence may refuse to compensate the caused health impairment if:

54.1. the family member of the soldier has not submitted documents confirming the fact of the caused health impairment together with the submission; or

54.2. when examining the submitted documents referred to in Paragraphs 46 and 47 of this Regulation, no casual relationship between the health impairment caused to the family member of the soldier and the performance of service duties of the soldier has been determined.

55. The refusal to compensate the caused health impairment based on the fact that all the documents necessary for taking a decision have not been submitted shall not be an obstacle for lodging the submission repeatedly.

56. Within three working days after taking the decision referred to in Paragraph 52 of this Regulation, the Commission of the Ministry of Defence shall inform the family member of the soldier by sending a true copy of the decision.

57. The decision of the Commission of the Ministry of Defence may be appealed in the court within one month after receipt thereof.

58. The compensation for the caused health impairment shall be disbursed within 30 days after sending the decision referred to in Paragraph 52 of this Regulation. The amount of the compensation for the impairment shall be transferred to the account in the credit institution indicated in the submission of the family member of the soldier.

IX. Compensation for Health Impairment Caused to a Soldier

59. In order to receive compensation for the caused health impairment, within 12 months after causing the impairment the soldier shall submit a written submission to the Ministry of Defence for the receipt of the compensation for the health impairment caused (Annex 5).

60. The soldier shall append to the submission the following:

60.1. a statement of the State Medical Commission for the Assessment of Health Condition and Working Ability regarding disability (if disability has been determined to the soldier);

60.2. a statement of a medical institution regarding the degree of health impairment of the soldier injured in an accident during service (if harm to the health of the soldier has been caused, but no disability has been determined); and

60.3. [3 March 2015].

61. If the soldier does not submit the document referred to in Sub-paragraph 60.1 of this Regulation, the Ministry of Defence shall acquire the document in accordance with the procedures laid down in the Administrative Procedure Law.

62. Within one month after receipt of the submission, the Commission of the Ministry of Defence shall examine the submitted documents, assess the casual relationship between the health impairment caused to the soldier as a result of actions of another person and the performance of service duties of the soldier and take a reasoned decision to compensate compensation or to partially compensate the health impairment caused or to refuse to compensate the health impairment caused. If additional information or examination of circumstances causing such impairment is required, the Commission of the Ministry of Defence shall, within two months after the day the submission was received, take a decision and inform the submitter in writing thereof.

[3 March 2015]

63. When taking the decision to compensate the health impairment caused, the Commission of the Ministry of Defence, if necessary, shall request from the National Armed Forces the following documents:

63.1. a statement of the monthly salary of the soldier on the day of the caused health impairment;

63.2. a statement of the monthly salary of the soldier on the day of retirement (if the soldier is retired from professional service due to an illness acquired during the performance of military service);

63.3. a decision of the Central Medical Expert-examination Commission of the National Armed Forces (if disability has been determined to the soldier and if the soldier has been retired from the professional service due to an illness acquired during the performance of military service);

63.4. an order regarding the retirement from service of the soldier and exclusion from the list of the personnel of a unit (if the soldier is retired from the professional service due to an illness acquired during the performance of military service); and

63.5. a statement of an accident during military service.

[3 March 2015]

64. When assessing the health impairment caused to the soldier, the Commission of the Ministry of Defence is entitled to invite specialists and experts, and also to request documents from institutions required for the taking the decision.

65. When assessing the documents referred to in Paragraphs 59, 60, and 63 of this Regulation, the Commission of the Ministry of Defence is entitled to take one of the following decisions:

65.1. to compensate the health impairment, but not exceeding the amount of 71,145 euros;

65.2. to partially compensate the health impairment in accordance with the opinion of the specialists and experts invited by the Commission, but not exceeding the amount of 71,145 euros; or

65.3. to refuse to compensate the health impairment caused.

[3 September 2013]

66. The Commission of the Ministry of Defence may take a decision to partially compensate the health impairment caused if in the opinion of the invited specialists and experts regarding the scope of the health impairment caused it is indicated that the scope of the health impairment caused is smaller than the one indicated by the requester of the compensation for the impairment.

67. If the soldier has suffered from health impairment and received the benefit referred to in Section 21, Paragraphs one, two or three of the Law On Remuneration of Officials and Employees of State and Local Government Authorities, in such case the soldier shall not receive the compensation referred to in Paragraph 59 of this Regulation.

68. The Commission of the Ministry of Defence may take a decision to refuse to compensate the health impairment caused if:

68.1. the soldier has not submitted the document referred to in Sub-paragraph 60.2 of this Regulation together with the submission;

68.2. the accident during service in which the soldier has been injured has not been investigated in accordance with the laws and regulations regarding the investigation of accidents; or

68.3. following the examination of documents referred to in Paragraphs 59, 60 and 63 of this Regulation, no casual relationship between the health impairment caused to the soldier and the performance of service duties of the soldier has been determined.

[3 March 2015]

69. The refusal to compensate the health impairment caused based on the fact that all the documents necessary for taking a decision have not been submitted shall not be an obstacle for lodging the submission repeatedly.

70. Within three working days after taking the decision referred to in Paragraph 65 of this Regulation, the Commission of the Ministry of Defence shall inform the soldier by sending a true copy thereof.

71. The decision of the Commission of the Ministry of Defence may be appealed in the court within one month after the receipt thereof.

72. The compensation for the caused health impairment shall be disbursed within 30 days after sending the decision referred to in Paragraph 65 of this Regulation. The amount of the compensation for the impairment shall be transferred to the account of the credit institution indicated in the submission of the soldier.

X. Compensation for the Purchase of Civil Clothes Necessary for the Performance of Service Duties

73. The purchase of civil clothes necessary for the performance of service duties shall be compensated in accordance with the documents confirming expenses according to the procedures laid down in this Regulation:

73.1. [22 March 2011]

73.2. The maximum amount of the compensation for the soldiers of the Military Police is 455.32 euros (Annex 7) and it is disbursed once per calendar year.

[3 September 2013]

74. [22 March 2011]

75. The Commander of the National Armed Forces with an order shall confirm the positions of the soldiers referred to in Sub-paragraph 73.2 of this Regulation whose service duties shall be performed in civil clothes due to the specifics thereof and, according to the said positions, every year with an order shall approve a list of soldiers (indicating given name and surname, personal identity number) to whom after submission of documents confirming the expenses the compensation for the purchase of civil clothes necessary for the performance of service duties shall be disbursed.

76. The compensation for the purchase of civil clothes necessary for the performance of service duties shall be disbursed within one month after issuance of the order referred to in Paragraph 75 of this Regulation regarding the disbursement of the compensation to the soldier and submission of documents confirming the expenses. The amount of compensation shall be transferred to the account in the credit institution indicated by the soldier.

[22 March 2011]

77. If the soldier is retired from active service due to the termination of the professional service contract prior to the end of the term, except the cases laid down in Section 43, Paragraph two, Clauses 2 and 7 of the Military Service Law, and also the cases where a soldier has been retired due to other inevitable circumstances independent of his or her will, which have been recognised as justifiable by the Minister for Defence, the soldier shall compensate for the residual value of the civil clothes.

XI. Procedures for Granting and Disbursing Childbirth Allowance

78. A childbirth allowance shall be disbursed if a child is born within 306 days after coming into force of the Law On Remuneration of Officials and Employees of State and Local Government Authorities and calculated from the monthly salary of the soldier which was determined on the day of childbirth. If several children have been born during one delivery, the allowance shall be received for every born child.

79. In order to receive a childbirth allowance, the soldier shall, within 12 months after the childbirth, submit to the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) the following documents:

79.1. a written submission for the receipt of a childbirth allowance;

79.2. a copy of the birth certificate of the child or a copy of a document issued by a competent foreign authority regarding the registration of the fact of a birth of a child if the child was born abroad (hereinafter - foreign document), presenting the original document; and

79.3. a document confirming that the other parent of the child has not received childbirth allowance if he or she is also a soldier or works at a State institution whose laws and regulations give the right to receive a childbirth allowance.

80. The requirement to submit copies of documents and present the original documents shall not apply if the documents are submitted in accordance with the laws and regulations regarding the circulation of electronic documents.

81. If the soldier does not submit the birth certificate of the child referred to in Sub-paragraph 79.2 and documents referred to in Sub-paragraph 79.3 of this Regulation, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall acquire the relevant information in accordance with the procedures laid down in the Administrative Procedure Law.

82. The foreign document shall be equalised to the document issued in Latvia which certifies the registration of the fact of a birth of a child if the following requirements have been met:

82.1. the document contains information regarding the place and time of the birth of the child;

82.2. a translation certified into the official language in accordance with the procedures laid down in Section 10, Paragraph three of the Official Language Law is appended to the document, except the cases when the foreign document can be accepted and examined without a translation into the official language in accordance with Section 10, Paragraph four of the Official Language Law; or

82.3. the person, to whom the foreign document has been issued, has complied with the procedures for the certifying the authenticity of the documents issued in a respective foreign country laid down in the Document Legalisation Law.

83. In the submission for the granting a childbirth allowance, the soldier shall confirm one of the following facts:

83.1. if the other parent of the child is also a soldier or works at a State institution whose laws and regulations give the right to receive a childbirth allowance, he or she has not requested, nor received a childbirth allowance, and shall indicate the institution (and its address) in which the other parent of the child is employed; or

83.2. the other parent of the child is not a soldier, nor works at a State institution whose laws and regulations give the right to receive a childbirth allowance.

84. The childbirth allowance may be disbursed in two parts within one year after the submission for the granting a childbirth allowance has been received. For the first disbursement the amount of allowance disbursed shall not be less than 50 % of the total amount of the allowance. The National Armed Forces shall send the information on the disbursement of a childbirth allowance to the State institution in which the other parent of the child is employed and whose laws and regulations give the right to receive a childbirth allowance.

85. The amount of a childbirth allowance shall be transferred to the account of the credit institution indicated in the submission of the soldier.

86. The childbirth allowance shall not be granted to the soldier if the child is stillborn or he or she has lived for less than seven days after birth. In this case, the benefit referred to Paragraph 3 of this Regulation shall be disbursed to the soldier.

XII. Closing Provision

87. The compensation referred to in Sub-paragraph 73.2 of this Regulation shall be disbursed to the soldier in 2010 if the soldier in 2010 is not ensured with the items laid down in Annex 7 to this Regulation and in accordance with Paragraph 75 of this Regulation has submitted documents confirming the expenses.

Prime Minister, Minister for Regional Development
and Local Government V. Dombrovskis

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 1
Cabinet Regulation No. 1042
16 November 2010

Information on the Use of Public Transport for the Performance of Service Duties
_________________ 20__

No. Date Route Type of the public transport used Brief explanation on the need to use the public transport Official (position, given name and surname, signature) who delegated the performance of the specific service duties to the soldier Time of performance of service duties (including the time spent in the public transport vehicle) Ticket price
1.              
2.              
Total              
Submitter    
    (position, given name and surname, date* and signature*)
Hierarchical superior to the submitter    
    (position, given name and surname, date* and signature*)

Note *Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 2
Cabinet Regulation No. 1042
16 November 2010

Sample Submission for the Granting a Compensation in Relation to the Loss of Income of the Spouse

   
(name of the unit, division)  
 
(given name and surname)  
 
(personal identity number)  
 
(position and service rank)  
 
(address, postal code)  
 
(telephone, other contact details)  

submission

On the basis of Section 30, Paragraph two of the Law On Remuneration of Officials and Employees of State and Local Government Authorities, I hereby ask to grant a compensation in relation to the fact that my spouse

 
(wife/husband - given name and surname, personal identity number)

has lost his or her job due to my resettlement and he or she has been granted the status of an unemployed person, and he or she does not receive an unemployment benefit, pension or compensation for the loss of ability to work, and also no other State social insurance benefits, and in the locality of the place of the new dislocation or place of service

 
(name of the location)

has not found another job or registered as a self-employed person.

Annex: (copies of documents confirming the fact)

1.

2.

...

 
(date*)   (signature* of the submitter)

Notes.

1. *Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

2. If the soldier does not append the documents referred to in Sub-paragraphs 20.2, 20.3, and 20.4 of Regulation No. 1042 of 16 November 2010, "Regulations Regarding Social Guarantees of Soldiers" to the submission, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall acquire the relevant information in accordance with the procedures laid down in the Administrative Procedure Law.

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 3
Cabinet Regulation No. 1042
16 November 2010

Sample Submission for the Granting a Compensation for the Losses Caused to the Property of the Soldier or His or Her Family Members Due to the Performance of Service Duties of the Soldier

[3 September 2013]

1. Soldier or his or her family member  
  (given name and surname, personal identity number, address and telephone number)
2. Time when the losses were caused  
3. Circumstances causing such losses  
  (fact of harmful effect, casual relationship
   
between the losses to the property and the performance of service duties of the soldier, and other circumstances important for the proving of losses)
4. Amount of losses  
5. Calculation of losses  
No. Type of property (tangible/intangible, movable/immovable) Amount Costs for one unit Costs (euros)

         
         
6. Account in the credit institution to which the compensation for the losses shall be transferred
     
Annex:    
  (documents confirming the caused losses and ownership rights.
     
If the submitter is a family member of a soldier, - also documents confirming the kinship or marriage of the person to the soldier, or the fact of adoption)
     
(date*)   (given name and surname and signature of the submitter*)

Notes.

1. *Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

2. If the soldier or his or her family member does not submit the documents confirming the ownership rights or rights to possession, or the kinship or marriage of the person to the soldier, or the fact of adoption to be appended to the submission, the National Armed Forces shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 4
Cabinet Regulation No. 1042
16 November 2010

Sample Submission for the Granting a Compensation for Health Impairment Caused to a Family Member of a Soldier Due to the Performance of Service Duties of the Soldier

1. Family member of the soldier  
  (given name and surname, personal identity number, address and telephone number)
2. Time when the impairment was caused  
3. Circumstances causing such impairment
 
(scope of the caused health impairment (mild, moderate or severe bodily injuries
 
or the acquired group of disability), casual relationship between the caused health impairment and
 
the performance of service duties of the soldier, and other circumstances important for the proving of impairment)
4. Scope and calculation of the impairment  
5. Account of the credit institution to which the compensation for the impairment shall be transferred
 
   
Annex:  
(documents confirming the fact of the caused health impairment, and
documents confirming the kinship or marriage of the person to the soldier or the fact of adoption)
   
     
(date*)   (given name and surname and signature of the submitter*)

Notes.

1. *Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

2. If the family member of the soldier does not append the documents confirming the kinship or marriage of the person to the soldier or the fact of adoption to be appended to the submission, the National Armed Forces shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 5
Cabinet Regulation No. 1042
16 November 2010

Sample Submission for the Granting a Compensation for Health Impairment Caused to a Soldier Due to the Performance of His or Her Service Duties

1. Soldier  
(service rank, given name and surname, personal identity number,
address and telephone number)
2. Time when the impairment was caused  
3. Circumstances causing such impairment  
  (scope of the caused health impairment (mild,
   
moderate or severe bodily injuries or acquired group of disability, or retirement from
the professional service), casual relationship between the caused health impairment
and the performance of service duties of the soldier, and other circumstances important for the proving of impairment)
4. Account in the credit institution to which the compensation for the impairment shall be transferred
 
   
Annex:  
  (documents confirming the fact of caused health impairment)
   
     
(date*)   (given name and surname and signature of the submitter*)

Notes.

1. *Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

2. If the soldier who has been determined disability does not append the statement on disability issued by the State Medical Commission for the Assessment of Health Condition and Working Ability to the submission, the National Armed Forces shall acquire the abovementioned information in accordance with the procedures laid down in the Administrative Procedure Law.

Deputy Prime Minister, Minister for Defence A. Pabriks

 

Annex 6
Cabinet Regulation No. 1042
16 November 2010

Compensation for the Purchase of Civil Clothes Necessary for the Performance of Service Duties of Defence Attachés and Military Representatives

[22 March 2011]

 

Annex 7
Cabinet Regulation No. 1042
16 November 2010

Compensation for the Purchase of Civil Clothes Necessary for the Performance of Service Duties for Soldiers of the Military Police

[3 September 2013]

No. Name of item Amount Term of wear (years) Price (euros) Maximum amount of compensation per year (euros)
1. Coat (for men/women) 1 unit 2 184.97 92.49
2. Suit for a man (set - jacket, trousers)/costume for a woman (set - jacket, skirt or trousers) 1 unit 1 170.74 170.74
3. Shirt/blouse 2 units 1 34.15 34.15
4. Tie/neckerchief 2 units 1 22.77 22.77
5. Scarf 1 unit 2 21.34 10.67
6. Gloves (leather, black) 1 pair 2 21.34 10.67
7. Shoes (for men/women) 1 pair 1 71.14 71.14
8. Boots (for men/women) 1 pair 2 85.37 42.69
Total

611.82

455.32

 

Annex 8
Cabinet Regulation No. 1042
16 November 2010

Sample Submission for the Granting a Resettlement Allowance

[16 August 2011]

 
  (name of the unit, division)
 
  (given name and surname)
 
  (personal identity number)
 
  (position and service rank)
 
  (address, postal code)
 
  (telephone, other contact details)

submission

On the basis of Section 24, Paragraph one of the Law On Remuneration of Officials and Employees of State and Local Government Authorities, I hereby ask to disburse me a resettlement allowance as due to my acceptance into professional service/relocation in the interests of the service (underline the relevant) I have changed my place of residence to another administrative territory of the Republic of Latvia.

I inform that together with me a family member of mine has changed the place of residence:

 
(a status of the family member to the soldier, given name and surname, personal identity number)
 
 
Information attesting the change of the declared place of residence of me and my family members:
 
 
The account in a credit institution to which the resettlement allowance shall be transferred:
 

Annex: (copies of documents confirming the fact)

1. Documents confirming the change of the declared place of residence of the soldier and his or her family members*.

2. Documents confirming the kinship of the soldier and his or her family members*.

     
(date**)   (signature of the submitter**)

Notes.

1. *If the soldier does not append the documents referred to in Paragraph 6.2of Regulation No. 1042 of 16 November 2010, "Regulations Regarding Social Guarantees of Soldiers" to the submission, the Commander of the Regular Force Unit of the National Armed Forces or the Commander of the National Guard, or the head of the institution (depending on the place of service) shall acquire the relevant information in accordance with the procedures laid down in the Administrative Procedure Law.

2. **Document properties "date" and "signature" shall not be filled out if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

 


Translation © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1042Adoption: 16.11.2010.Entry into force: 24.11.2010.Publication: Latvijas Vēstnesis, 185, 23.11.2010.
Language:
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