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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 1170
Adopted 21 December 2010

Regulations Regarding the Procedures by Which Persons with Disability shall Receive Aid for Adapting a Dwelling and the Conditions for the Receipt of Aid

Issued pursuant to
Section 12, Paragraph one, Clause 9
of the Disability Law

I. General Provisions

1. This Regulation prescribes the procedures by which persons with a Group I disability, persons with a Group II vision or hearing impairment and persons up to 18 years of age who have been determined medical indications for the necessity of special care for a disabled child (hereinafter - person), shall receive aid for adapting one dwelling (hereinafter - aid), as well as the conditions for the receipt of aid.

2. A commission created by the Minister for Welfare, the composition of which includes representatives from the Ministry of Welfare (hereinafter - Ministry) and the Ministry of Economics, shall decide on granting of aid.

3. Aid shall be provided by granting funding from the State budget funds in order to compensate the credit interest paid for adapting a dwelling of persons according to the credit agreement with a credit institution registered in the Republic of Latvia.

II. Conditions for the Receipt of Aid

4. Aid shall be provided for adapting a dwelling in the ownership or use of a person, his or her spouse, parents, children or lawful representative, if the referred to dwelling is used by the person.

5. If the dwelling is in the use of a person, his or her spouse, parents, children or lawful representative, a rental agreement shall be entered into for a time period of not less than five years from the day of requesting the aid.

6. If funding from the State budget has not been granted to the Ministry in the relevant year for the granting of aid, the person shall be added to the waiting list for the receipt of aid.

III. Procedures for the Receipt of Aid

7. In order to receive aid, a person or his or her lawful representative shall submit a submission to the Ministry with a request to provide aid. The following shall be indicated in the submission:

7.1. the given name, surname of the person;

7.2. the personal identity number;

7.3. the address of the declared place of residence of the person;

7.4. the telephone number or electronic mail address of the person or contact person;

7.5. the address and owner or user of the dwelling to be adapted.

8. The following shall be appended to the submission referred to in Paragraph 7 of this Regulation:

8.1. the credit agreement regarding adapting the dwelling (a copy);

8.2. the opinion of an ergotherapist or attending doctor regarding the need to adapt the dwelling (hereinafter - opinion) (a copy). The functional disorders and the adaptations needed for the dwelling shall be indicated in the opinion;

8.3. the estimate for adapting the dwelling (a copy), which has been compiled in accordance with the procedures specified in the regulatory enactments regulating construction and in which the planned adaptations are indicated in detail;

8.4. documents regarding payments made (originals or copies);

8.5. the rental agreement (a copy) if a rental agreement has been entered into for the dwelling to be adapted;

8.6. a written consent of the owner of the dwelling for adapting the dwelling, if the person is not the owner of the dwelling.

9. Copies shall be prepared in accordance with the regulatory enactments regarding the procedures for the preparation and drawing up of documents.

10. The application referred to in Paragraph 7 of this Regulation and the documents referred to in Paragraph 8 of this Regulation may also be submitted electronically in accordance with the regulatory enactments regarding the drawing up of electronic documents, or sent by mail.

11. When submitting the submission referred to in Paragraph 7 of this Regulation in person, the copies of the documents referred to in Sub-paragraphs 8.1, 8.2, 8.3, 8.4 and 8.5 of this Regulation need not be submitted if originals of the document are presented.

12. After receipt of the submission referred to in Paragraph 7 of this Regulation and the documents referred to in Paragraph 8 of this Regulation, the commission shall:

12.1. evaluate the documents submitted and distinguish the expenses, which are applicable to the aid;

12.2. organise an inspection at the place of residence of the person, if there are justified reasons to doubt that the works for adapting the dwelling have been performed in compliance with the opinion and the estimate;

12.3. within one month take a decision on granting of aid, on being added to the waiting list for the receipt of aid or the refusal to grant aid, if the requirements referred to in this Regulation have not been complied with;

12.4. determine the amount of aid, if a decision has been taken on granting of aid.

13. The commission shall take a decision on refusal to grant aid or on suspension of the provision of aid if:

13.1. the adaptation of the dwelling of a person does not actually conform to the conditions for the receipt of aid specified in this Regulation;

13.2. the person no longer uses the adapted dwelling;

13.3. it has been detected that false information has been deliberately provided for the receipt of aid, or it has been detected that the adapted dwelling or appliances have been deliberately damaged and the adaptation of the dwelling no longer conforms to the needs of the person;

13.4. the person for whom the dwelling has been adapted, is deceased.

14. A decision on refusal to grant aid or on suspension of the provision of aid may be appealed by submitting an appropriate submission to the State Secretary of the Ministry. The decision of the State Secretary of the Ministry may be appealed to a court in accordance with the procedures specified in the Administrative Procedure Law.

15. After entering into effect of the decision on granting of aid the Ministry shall enter into a contract with a person or his or her lawful representative, agreeing upon the procedures and time periods in which information shall be provided regarding the paid credit interest and funding shall be transferred for compensating such payments.

16. The Ministry shall repay a person or his or her lawful representative the credit interest, which has been paid for the credit issued for adapting the dwelling of the person, in full amount if:

16.1. the adapting of the dwelling has been performed in accordance with the regulatory enactments regulating construction;

16.2. the measures for adapting the dwelling comply with that indicated in the opinion and the estimate;

16.3. the credit has been repaid to the credit institution or is repaid within the time period and according to the procedures specified in the contract in accordance with the conditions of the credit agreement.

17. If the interest rate of the credit issued for adapting the dwelling of a person exceeds the average rate of the credit interest of credit institutions in the country on the day of entering into the contract, the Ministry shall repay the part of the credit interest which conforms to the average credit interest rate of credit institutions in the country. The average credit interest rate of credit institutions referred to in this Paragraph shall be determined in accordance with the statistics of the credit interest rate specified by the Bank of Latvia.

18. If any of the work performed for adapting the dwelling of a person is not appropriately justified, the Ministry shall only repay the part of the credit interest relating to the justified adaptations of the dwelling.

19. Aid may be requested repeatedly not earlier than 10 years after making of the final payment of the previous aid.

20. The Ministry shall control the compliance of spending of the credit provided for adapting the dwelling of a person with the intended purpose. If credit is not used for adapting a dwelling according to the credit agreement with a credit institution, the beneficiary of aid has a duty to repay the aid received without justification.

IV. Closing Provisions

21. The contracts regarding the covering of credit interest for adapting the dwelling of a person, which have been entered into until the day of the coming into force of this Regulation, shall be in effect until the fulfilment of the obligations thereof.

22. This Regulation shall come into force on 1 January 2011.

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

Minister for Welfare I. Jurševska

 


Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par kārtību, kādā personas ar invaliditāti saņem atbalstu mājokļa pielāgošanai, un .. Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1170Adoption: 21.12.2010.Entry into force: 01.01.2011.End of validity: 01.05.2022.Publication: Latvijas Vēstnesis, 206, 30.12.2010.
Language:
LVEN
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