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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.02.2017.–19.12.2017.
Amendments not included: 22.11.2017., 03.04.2019.

The Saeima1 has adopted and
the President has proclaimed the following law:

Maintenance Guarantee Fund Law

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) applicant - a parent of a child or guardian who takes care of the child and who has submitted an application to the Administration of the Maintenance Guarantee Fund regarding the disbursement of maintenance, or a person of legal age who has submitted an application to the Administration of the Maintenance Guarantee Fund regarding the disbursement of maintenance and continues to acquire basic education, secondary education, vocational education or specialised education in the Republic of Latvia;

2) debtor - a parent who has been imposed a duty to pay maintenance to his or her child by a decision of the Administration of the Maintenance Guarantee Fund, a court judgment or a notarial deed providing for an agreement on periodical maintenance payments and must be enforced according to the procedures for enforcing court judgments (hereinafter - the agreement on maintenance), and instead of whom maintenance payments are covered from the Maintenance Guarantee Fund due to the reason that he or she does not provide the minimum amount of maintenance which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law;

3) maintenance - monthly expenses of supporting a child which each parent has the duty to provide to his or her child irrespective of his or her ability to support the child and his or her financial condition, and the minimum amount of which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law.

Section 2. Purpose of this Law

The purpose of this Law is to ensure the implementation of the right of a child to social security and to promote the acquisition of education by a child by establishing the Maintenance Guarantee Fund (hereinafter - the Fund) for disbursement of the minimum maintenance, provided that the child acquires education in the Republic of Latvia and either one or both parents of the child fail to provide maintenance.

Section 3. The Fund

(1) The Fund is the amount of resources provided for in the State budget. The resources of the Fund are used for providing a child with maintenance until he or she attains legal age and also persons of legal age, provided that they continue to acquire basic education, secondary education, vocational education or specialised education in the Republic of Latvia, but not longer than until attainment of the age of 21 years, in any of the following cases:

1) the parent does not ensure the minimum amount of maintenance which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law and none of the conditions referred to in Section 11, Paragraph five of this Law exists;

2) the debtor does not comply with a court ruling on recovery of maintenance or agreement on maintenance and a sworn bailiff has submitted information on the fact that the debtor has not transferred the amount of money specified in the notification to the deposit account of the sworn bailiff within the deadline specified in the notification on the obligation to comply with the ruling.

(2) The holder of the resources of the Fund shall be the Administration of the Maintenance Guarantee Fund (hereinafter - the Fund Administration). The Fund Administration is a direct administrative authority which is subject to the control of the Ministry of Justice.

Section 4. Tasks of the Fund Administration

(1) The Fund Administration shall perform the following tasks:

1) attract, accumulate and disburse the resources of the Fund in accordance with the objectives specified in Section 3, Paragraph one of this Law;

2) appropriately and efficiently manage the resources of the Fund, as well as ensure the control of the utilisation thereof;

3) register persons to whom maintenance has been disbursed from the Fund and debtors in accordance with the procedures stipulated by the Cabinet, and also provide information on the abovementioned persons in accordance with the procedures stipulated by the Cabinet.

(2) The Fund Administration shall carry out the duties of the Central Authority laid down in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (hereinafter - Council Regulation No 4/2009). The Cabinet shall determine the procedures by which and the amount in which the Fund Administration shall provide legal aid to persons in the cases laid down in Council Regulation No 4/2009, exercise the rights and functions of the Central Authority specified in this Regulation and also carry out the tasks of the Central Authority laid down in this Regulation.

(3) The Fund Administration shall carry out the duties of the Central Authority laid down in Convention of 23 November 2007 on the International Recovery of maintenance and Other Forms of Family Maintenance (hereinafter - Hague Convention of 23 November 2007). The Cabinet shall determine the procedures by which and the amount in which the Fund Administration shall provide legal aid to persons in the cases laid down in the Hague Convention of 23 November 2007, exercise the rights and functions of the Central Authority specified in this Convention and also carry out the tasks of the Central Authority laid down in the abovementioned Convention.

Section 5. Rights and Duties of the Fund Administration

(1) The Fund Administration has the right:

1) to receive financing from the State budget;

2) to receive donations and gifts;

3) to request and obtain information free of charge which is necessary for implementation of the purpose of this Law, from State and local government institutions and authorities and also from private individuals;

4) to issue information from the Register of Applicants and Debtors of the Maintenance Guarantee Fund of the State information system to the credit institutions, branches of credit institutions, credit bureaus, capital companies which provide credit and financial lease services, insurance companies and providers of electronic communication services regarding a debtor with whom they are establishing or amending contractual liabilities. The Cabinet shall determine the procedures by which and the amount in which information on the abovementioned persons is provided;

5) to divide payment of the sum to be recovered from the applicant in time periods in the case provided for in Paragraph two, Clause 3 of this Section.

(2) The Fund Administration has a duty:

1) to recover maintenance from the debtor which the debtor has a duty to pay maintenance according to the decision of the Fund Administration and which has been covered by the Fund in accordance with the procedures laid down in Section 11 of this Law and also the calculated lawful interest;

2) to assume the place of an enforcer of a debt without a special court decision in a maintenance case in the part regarding the recovery of disbursed maintenance from a debtor in accordance with the procedures laid down in Section 12 of this Law and receive the lawful interest from the debtor on maintenance amounts disbursed by the Fund and not yet recovered from the debtor;

3) to recover from the applicant the unduly paid maintenance amounts and the lawful interest for the unduly paid maintenance amounts;

4) to represent in a court and other State and local government institutions in accordance with the procedures laid down in Council Regulation No 4/2009 the persons who in accordance with Council Regulation No 4/2009 have the right to legal aid, i.e. foreign creditors in cross-border recovery maintenance matters for a child or other persons (in accordance with Council Regulation No 4/2009), foreign claimants in cross-border paternity determination matters, if a claim in accordance with Council Regulation No 4/2009 has been raised concurrently with a claim for recovery of maintenance for a child, and also applicants in matters relating to the recognition of decisions of a foreign court or competent authorities on recovery of maintenance for a child or other persons or declaration of enforcement in the cases provided for in Council Regulation No 4/2009;

5) to represent in a court and other State and local government institutions in accordance with the procedures laid down in Hague Convention of 23 November 2007 the persons who in accordance with Hague Convention of 23 November 2007 have the right to legal aid, i.e. foreign creditors in cross-border recovery maintenance matters for a child or other persons (in accordance with Hague Convention of 23 November 2007), foreign claimants in cross-border paternity determination matters, if a claim in accordance with Hague Convention of 23 November 2007 has been raised concurrently with a claim for recovery of maintenance for a child, and also applicants in matters relating to the recognition of foreign court decisions on recovery of maintenance for a child or other persons or declaration of enforcement in the cases provided for in Hague Convention of 23 November 2007.

Section 6. Information on Debtors

(1) Information on the fact that the Fund settles the payment of maintenance instead of a debtor shall be provided by the Fund Administration to natural persons in the single State and local government services portal www.latvija.lv in the following cases:

1) the Fund Administration has not concluded an agreement with the debtor on procedures by which maintenance and lawful interest payments are settled by him or her, or the debtor does not fulfil the agreement entered into;

2) the debtor is not a person with disabilities or a person who has not been working longer than for a period of six months due to temporary work disability in case work disability is continuous, or for one year over a period of three years if work disability repeats with interruptions.

(2) Information on the fact that the Fund settles the payment of maintenance instead of a debtor is available to the public in order to promote fulfilment of the duties of parents - payment of maintenance - and therefore ensure the protection of the rights of the child.

(3) The Cabinet shall determine the procedures by which information on a debtor is included in and deleted from the single State and local government services portal www, and the procedures by which natural persons may request and receive information on a debtor.

Section 7. Prohibition for a Debtor to Use a Driving Licence for Motor and Water Vehicles

(1) The prohibition for a debtor to use a driving licence for motor and water vehicles registered in the State register of the means of transport and drivers thereof (hereinafter - the prohibition to use a driving licence for motor and water vehicles) shall be applied in order to protect the rights of the child and promote fulfilment of the duties of parents - the payment of maintenance.

(2) The Fund Administration may decide on exercising the right of the prohibition to use a driving licence for motor and water vehicles in the following cases:

1) maintenance payments are covered from the Fund instead of a debtor in accordance with Section 11 of this Law and the debtor has not entered into an agreement with the Fund Administration regarding the procedures by which he or she shall settle maintenance payments and lawful interest payments;

2) the debtor has entered into an agreement with the Fund Administration regarding the procedures by which he or she shall settle maintenance payments and lawful interest payments, but he or she has failed to fulfil the agreement entered into for a time period of three consecutive months;

3) maintenance payments are covered from the Fund instead of a debtor in accordance with Section 12 of this Law and a debtor has not settled maintenance payments for a time period of three consecutive months.

(3) Taking into account the criteria specified in Paragraphs two, four and five of this Section, the Fund Administration may apply the prohibition to use a driving licence for all categories or only a specific category of the means of transport.

(4) The Fund Administration shall not exercise the right of the prohibition to use a driving licence for motor and water vehicles in the following cases:

1) the debtor is a person with disabilities;

2) the debtor is a person who due to temporary work disability has not been working longer than for a period of six months in case work disability is continuous, or for one year over a period of three years if work disability repeats with interruptions;

3) the latter may cause significant harm to the interests of the debtor, the person dependent on him or her or another child under his or her support.

(5) The following circumstances may be considered as circumstances due to which the prohibition to use a driving licence for motor and water vehicles may cause significant harm:

1) the driving licences of motor and water vehicles are required to the debtor due to the necessity to fulfil professional duties;

2) the child with disabilities is under support of a debtor and it is not possible to use other means of transport;

3) other circumstances due to which exercising of the right of the prohibition to use a driving licence for motor and water vehicles may cause significant harm to the interests of the debtor, the person dependent on him or her or another child under his or her support.

(6) Prior to taking a decision, the Fund Administration shall send to a debtor a request to provide an explanation wherein the circumstances due to which execution of the prohibition to use a driving licence for motor and water vehicles might cause significant harm to the interests of the debtor, the person dependent on him or her or another child under his or her support, must be indicated. The debtor shall append a proof certifying the statements contained in the explanation thereto. The explanation shall be provided within 20 days from the day on which the request of the Fund Administration is received, and a failure to provide an explanation within the specified deadline shall not serve as an obstacle for taking a decision.

(7) Having received a request from the debtor or upon its own initiative, the Fund Administration shall decide on revoking the prohibition to use a driving licence for motor and water vehicles in the following cases:

1) any of the circumstances referred to in Paragraph four of this Section has set in, preventing the execution of the prohibition to use a driving licence of the means of transport to the debtor;

2) any of the circumstances referred to in Paragraph five of this Section has set in due to which the prohibition to use a driving licence for motor and water vehicles might cause significant harm to the interests of the debtor, the person dependent on him or her or another child under his or her support;

3) the debtor has entered into an agreement with the Fund Administration regarding a schedule for debt payment and has settled three consecutive payments.

(8) The Fund Administration shall add a note in the State register of the means of transport and drivers thereof on prohibition to use a driving licence for motor and water vehicles within 20 days after the end of the period for contesting a decision or the end of the period for appeal.

Section 8. Resources of the Fund

(1) The financial means for achieving the objectives referred to in Section 3, Paragraph one of this Law and the Fund Administration shall be provided for in the Law On the State Budget for the current year as separate programmes (sub-programmes).

(2) Resources of the Fund shall be comprised of:

1) a State budget grant from general revenue;

2) the resources recovered from a debtor, but in the case provided for in Section 5, Paragraph two, Clause 3 of this Law - from an applicant;

3) gifts, donations and foreign financial aid.

(3) At the end of the year, the surplus of the resources referred to in Paragraph two, Clauses 2 and 3 of this Section shall remain in the Fund and shall be used in the following year, if the surplus does not exceed the amount of resources actually received during the year.

(4) Resources of the Fund Administration shall be comprised of:

1) a State budget grant from general revenue;

2) gifts, donations and foreign financial aid.

(5) Resources of the Fund and the Fund Administration shall be stored in the Treasury.

Section 9. The director of the Fund Administration

(1) A director, who is appointed to and removed from office by the Minister for Justice, shall manage the Fund Administration.

(2) The director of the Fund Administration shall:

1) manage and organise the operations of the Fund Administration and ensure the continuity of the operations of the Fund Administration, determine the competence and responsibility of the employees of the Fund;

2) establish structural units of the Fund Administration;

3) determine the staff list of employees of the Fund Administration;

4) be responsible for the establishment and operation of the management decision examination system;

5) take decisions to disburse maintenance, to refuse to disburse maintenance and terminate disbursement; take a decision to impose a duty on the debtor to pay maintenance and issue an executive order regarding recovery of maintenance covered on behalf of a debtor and the calculated lawful interest of maintenance from the debtor in the case provided for in Section 5, Paragraph two, Clause 1 of this Law; take a decision and issue an executive order regarding the recovery of resources which the Fund has unduly paid, from the applicant in the case provided for in Section 5, Paragraph two, Clause 3 of this Law; take a decision to divide the payment of the sum to be recovered from the applicants to the Fund in the case provided for in Section 5, Paragraph two, Clause 3 of this Law and also other decisions and executive orders laid down in laws and regulations;

6) take a decision to reimburse resources wrongly transferred to the Fund;

7) represent the Fund Administration without special authorisation;

8) be responsible for the fulfilment of the tasks of the Fund Administration;

9) be responsible for rational utilisation of the resources of the Fund;

10) be responsible for the lawfulness of the activities of the Fund Administration;

11) ensure that an annual public report regarding the activities of the Fund Administration and a report regarding the implementation of the purpose of the Fund are drafted and published.

(3) The director of the Fund Administration may have a deputy.

Section 10. Right of an Applicant to Receive Maintenance

(1) An applicant has the right to receive maintenance from the Fund, provided that the following circumstances exist concurrently:

1) the personal identity number in the Republic of Latvia has been assigned to the applicant and the child and the place of residence has been declared in the Republic of Latvia;

2) the child is under support of the applicant, except the case a person of legal age has submitted an application on disbursement of maintenance;

3) the person of legal age continues to acquire basic education, secondary education, vocational education or specialised education in the Republic of Latvia, but not longer than until attainment of the age of 21 years;

4) any of the cases referred to in Section 3, Paragraph one of this Law has set in.

(2) If no duty has been imposed on a parent by a court ruling on recovery of maintenance or by an agreement on maintenance to settle maintenance payments and the case referred to in Section 3, Paragraph one, Clause 1 of this Law has set in, maintenance shall be disbursed from the Fund in accordance with Section 11 of this Law.

(3) If disbursement of maintenance has been refused or terminated to the applicant in accordance with Section 11 of this Law, the dispute on recovery of maintenance shall be resolved at a court.

(4) If a duty has been imposed on a debtor by a court ruling on recovery of maintenance or by an agreement on maintenance to settle maintenance payments to the applicant and the case referred to in Section 3, Paragraph one, Clause 2 of this Law has set in, maintenance shall be disbursed from the Fund in accordance with Section 12 of this Law.

Section 11. Receiving Maintenance within the Scope of Administrative Procedure

(1) If no duty has been imposed on a parent by a court ruling on recovery of maintenance or by an agreement on maintenance to settle maintenance payments and the parent does not provide the minimum amount of maintenance which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law, the applicant has the right to submit to the Fund Administration an application on disbursement of maintenance from the Fund.

(2) The Fund Administration shall evaluate the application submitted in accordance with Paragraph one of this Section and within 20 days shall send to the parent from whom the applicant wants to receive maintenance, a request to provide an explanation wherein the circumstances which in accordance with Paragraph five of this Section may serve as an obstacle for disbursement of maintenance from the Fund must be indicated. A proof certifying the statements contained in the explanation shall be appended thereto. The explanation shall be provided within 20 days from the day on which the request of the Fund Administration is received, and a failure to provide an explanation within the specified deadline shall not serve as an obstacle for taking a decision.

(3) The Fund Administration shall take a decision on disbursement of maintenance from the Fund within 20 days after it has reviewed the application submitted by the applicant and evaluated the explanation provided by the parent from whom the applicant wants to receive maintenance, or after expiry of the deadline specified for provision of an explanation. If it is not possible to observe this time period due to necessity of additional information, the Fund Administration may take a decision to extend the time period for issuing the administrative deed for a time period not exceeding four months from the day of receiving the application from the applicant. In such case a decision to disburse maintenance or to refuse to disburse maintenance shall be taken within 20 days from the day when all the requested documents have been submitted, but not later than within four months from the day of submitting the application.

(4) If the residence address of the debtor in a foreign state has been specified, the Fund Administration shall take a decision to disburse maintenance or to refuse to disburse maintenance within 20 days from the day when all the requested documents have been submitted or the deadline for submission thereof has expired, but not later than within eight months from the day of submitting the application.

(5) The Fund Administration shall refuse the disbursement of maintenance from the Fund, if at least one of the following conditions has set in:

1) the parent from whom the applicant wants to receive maintenance takes care of the child within the meaning of Section 177, Paragraph four and Section 178, Paragraph two of The Civil Law;

2) the person from whom the applicant wants to receive maintenance is not the parent of the child;

3) the court ruling or agreement on maintenance is effective;

4) the circumstances referred to in Section 14, Paragraph one, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, and 15 of this Law which affect the right of the applicant to receive child care from the Fund, have set in.

(6) If the parent who has a duty to pay maintenance has proven that he or she has settled the maintenance payment for the current month for maintenance at least in the amount which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law, the Fund Administration shall take a decision on extending the deadline for issuing an administrative deed for the time period of four months. If it is discovered that the debtor has ensured maintenance for a time period of four months, the Fund Administration shall take a decision on refusal to disburse maintenance. If it is discovered that the debtor has not settled at least one maintenance payment for the current month for a time period of four consecutive months by which the deadline for issuing an administrative act was extended, the Fund Administration shall take a decision on disbursement of maintenance from the Fund.

(7) Upon taking a decision on disbursement of maintenance from the Fund, the Fund Administration shall concurrently:

1) impose a duty on the debtor to settle maintenance and lawful interest payments to the Fund;

2) warn the debtor on enforcement of the administrative act;

3) inform the debtor on the possibility to enter into an agreement with the Fund Administration on the procedures by which maintenance and lawful interest payments calculated for maintenance are settled to the Fund Administration.

(8) If the debtor does not fulfil the decision or has not entered into an agreement with the Fund Administration on the procedures by which he or she settles maintenance and lawful interest payments calculated for maintenance to the Fund Administration, the Fund Administration shall prepare an execution order and submit it for enforcement to a sworn bailiff in accordance with the procedures laid down in the Administrative Procedure Law.

Section 12. Receiving Maintenance by Court Judgment or Agreement on Maintenance

(1) If a duty has been imposed on a debtor by court ruling on recovery of maintenance or by an agreement on maintenance to settle maintenance payments to the applicant and the case referred to in Section 3, Paragraph one, Clause 2 of this Law has set in, the Fund Administration, based on the application submitted by the applicant and the documents appended thereto, shall disburse maintenance to the applicant from the resources of the Fund.

(2) The Fund Administration shall take a decision on disbursement of maintenance also in such case if no information has been received from the sworn bailiff on the fact that the debtor has not transferred the amount specified in the notification to the deposit account of the sworn bailiff within the deadline specified in the notification on the duty to enforce the ruling, but the debtor has no place of residence, property or place of employment declared in the Republic of Latvia or insolvency proceedings have been proclaimed in respect of the debtor and it is not possible to submit a court ruling on recovery of maintenance or agreement on maintenance for enforcement in accordance with the procedures laid down in The Civil Law.

(3) The Fund Administration shall announce to the debtor that a decision has been taken within seven days after the decision on disbursement of maintenance has been taken. The debtor has a duty to make payments of maintenance and lawful interest to the Fund in the deposit account of such sworn bailiff under whose management the relevant execution matter regarding the recovery of maintenance is, from the day when disbursement of maintenance from the Fund has been commenced. If an execution file has not been introduced and disbursement of maintenance from the Fund has not been performed, upon applying Paragraph two of this Section, the debtor has a duty to settle maintenance payments to the Fund Administration.

(4) If the debtor has not declared his or her place of residence, a notification regarding the initiation of the disbursement of maintenance shall be published in the official gazette Latvijas Vēstnesis [the official Gazette of the Government of Latvia] and on the website of the Fund Administration.

(5) The Fund Administration shall notify the sworn bailiff in whose records the relevant execution file on recovery of maintenance is contained, on disbursement of maintenance or termination of disbursement thereof, and become the enforcer of the debt in the maintenance recovery matter in the amount of sums and lawful interest disbursed to the applicant (Section 5, Paragraph two, Clause 2).

(6) The sworn bailiff has a duty to notify the Fund Administration regarding the recovered maintenance, if it ensures the minimum amount of maintenance determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law.

Section 13. Procedures and Duration for Disbursement of Maintenance

(1) The Cabinet shall determine a sample application regarding disbursement of maintenance and documents to be appended to the application, and also the procedures by which the Fund Administration shall review the application regarding disbursement of maintenance.

(2) The amount of maintenance to be disbursed to the applicant shall be calculated counting from the day when an application was submitted to the Fund Administration, except the case referred to in Section 14, Paragraph two of this Law. The Fund Administration shall disburse maintenance to a child in the amount which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law, but not more than the amount provided for by a court ruling or agreement on maintenance.

(3) Disbursement of maintenance from the Fund to a person of legal age who acquires basic education, secondary education, vocational education or specialised education shall be disbursed until the moment of acquiring education, but not longer than until attainment of the age of 21 years.

(4) If the applicant has not submitted information to the Fund Administration on its account in a credit institution or postal settlement system wherein maintenance payments must be transferred, or the submitted information is not accurate, the applicant shall receive the calculated, but not yet disbursed maintenance payments after the Fund Administration has received the application regarding the account of the applicant in a credit institution or postal settlement system for a time period which does not exceed three months prior to receipt of the relevant application. If the Fund Administration has taken a decision on terminating disbursement of maintenance, the application regarding the account of the applicant in a credit institution or postal settlement system shall be submitted not later than within three months after the decision on terminating disbursement of maintenance has been taken. In such case the applicant shall receive the calculated, but not yet disbursed maintenance for a time period of the past three months before the day on which the decision on terminating disbursement of maintenance was taken, except if a decision on recovery of overpaid or unduly paid child care has been taken in accordance with Section 17 of this Law.

Section 14. Termination of Disbursement of Maintenance

(1) The Fund Administration shall terminate the disbursement of maintenance, if at least one of the following conditions has set in:

1) the child has attained the age of 18 years and has not commenced or has terminated acquisition of basic education, secondary education, vocational education or specialised education in the Republic of Latvia;

2) the child has attained the age of 21 years;

3) the person of legal age who received maintenance from the Fund in accordance with the procedures laid down in Section 11 of this Law has submitted an application regarding disbursement of maintenance after attaining legal age;

4) the child has registered a marriage;

5) the child has died;

6) the debtor has died;

7) the applicant has died;

8) the applicant has refused to receive maintenance from the Fund by submitting a relevant application to the Fund Administration;

9) the child custody of the applicant has been discontinued or removed;

10) the guardian to whom maintenance is disbursed from the Fund has terminated fulfilment of the duties of a guardian;

11) the applicant does not actually take care of the child;

12) the applicant or the child has no declared place of residence in the Republic of Latvia;

13) the debtor has a declared place of residence, property or place of employment in the Republic of Latvia, or the insolvency proceeding of the debtor has been discontinued by court ruling, if disbursement of maintenance from the Fund was ensured, applying Section 12, Paragraph two of this Law;

14) a court ruling on recovery of maintenance has entered into effect or an agreement on maintenance for child care has been reached, if disbursement of maintenance from the Fund was ensured in accordance with the procedures laid down in Section 11 of this Law;

15) the legal grounds for the disbursement of maintenance have ceased to exist.

(2) If, within three months from the day on which the decision on terminating disbursement of maintenance entered into effect, the applicant has submitted to the Fund Administration the application referred to in Section 12 of this Law and the documents appended thereto and the Fund Administration, having evaluated the right of the applicant in relation to receiving maintenance from the Fund, takes a decision on disbursement of maintenance, the amount of maintenance to be disbursed to the applicant according to this decision in any of the following cases shall be calculated counting from the day on which disbursement of maintenance from the Fund was terminated:

1) the court ruling on the basis of which disbursement of maintenance from the Fund was performed, is no longer effective due to the reason that a new court ruling on recovery of maintenance has entered into effect;

2) the agreement on maintenance on the basis of which disbursement of maintenance from the Fund was performed, is terminated due to a new court ruling on recovery of maintenance or agreement on maintenance;

3) the agreement on maintenance is amended;

4) disbursement of maintenance from the Fund is performed in accordance with the procedures laid down in Section 11 of this Law and a court ruling on recovery of maintenance has entered into effect or an agreement on maintenance has been concluded.

(3) If the condition referred to in Paragraph one, Clause 7 of this Section has set in, the guardian of the child who has been selected due to the death of the applicant is entitled to request and receive the amounts of maintenance calculated prior to the day of the death of the applicant and not yet disbursed within three months after setting in of this condition. Upon request of the Fund Administration, the relevant Orphan's and Custody Court shall, not later than within two working days, provide information stating whether the relevant person is the guardian of the child who has been selected due to the death of the applicant.

(4) If disbursement of maintenance is terminated on the basis of the condition referred to in Paragraph one, Clause 1, 8, 9, 10, 11, 12 or 15 of this Section and it no longer exists, the applicant has the right to submit a new application on disbursement of maintenance to the Fund Administration in accordance with the procedures laid down in Section 11 or 12 of this Law.

(5) If the condition referred to in Paragraph one, Clause 9 or 10 of this Section has set in, the respective Orphan's and Custody Court shall notify the Fund Administration thereon not later than within three working days.

(6) If the condition referred to in Paragraph one, Clause 14 of this Section has set in, the Fund Administration shall inform the applicant on the right to submit for execution of the court ruling on recovery of maintenance or agreement on maintenance in accordance with the procedures laid down in the Civil Procedure Law, but in the case referred to in Section 3, Paragraph one, Clause 2 of this Law the applicant has the right to submit to the Fund Administration the application referred to in Section 12 of this Law and the documents appended thereto.

Section 15. Repayment of Unduly Disbursed Maintenance

(1) If undue disbursement of maintenance to the applicant has been discovered, the Fund Administration shall take a decision on recovery of disbursed maintenance and lawful interest of unduly disbursed maintenance and notify the applicant thereof.

(2) The applicant has a duty to fulfil the decision referred to in Paragraph one of this Section within 30 days from the day of receipt of the decision.

(3) If there is a justified reason, the applicant may request the Fund Administration to divide in time periods payment of the amount of the unduly disbursed maintenance and the lawful interest calculated for them within 10 days from receipt of the decision referred to in Paragraph one of this Section, by submitting a relevant application.

(4) The Fund Administration shall examine the application referred to in Paragraph three of this Section within seven days after receipt thereof and take a decision to divide payment in time periods or a decision to refuse to divide payment in time periods. If the Fund Administration takes a decision to refuse to divide payment in time periods, the applicant must fulfil the decision referred to in Paragraph one of this Section within 10 days from the day of taking such decision. If the time period for fulfilling the decision laid down in this Paragraph sets in earlier than the time period laid down in Paragraph two of this Section, the longest time period shall be conformed to.

(5) The Fund Administration shall prepare a warning on compulsory enforcement of the decision referred to in Paragraph one of this Section and notify the applicant thereof, if the applicant:

1) does not fulfil the decision referred to in Paragraph one of this Section within 30 days from the day of receipt thereof;

2) has received a decision on refusal to divide payment in time periods and does not fulfil the decision referred to in Paragraph one of this Section within the time period referred to in Paragraph four of this Section;

3) has missed at least one of the time periods indicated in the decision referred to in Paragraph four of this Section on division of payment in time periods.

(6) If the applicant does not fulfil the decision referred to in Paragraph one of this Section voluntarily within 10 days after receipt of the warning on compulsory enforcement of the decision, the Fund Administration shall prepare and submit an executive order issued in accordance with the procedures laid down in the Administrative Procedure Law to the sworn bailiff for enforcement.

Section 16. Procedures for Contesting and Appealing a Decision of the Director of the Fund Administration

(1) Decisions taken by the director of the Fund Administration may be appealed by submitting an application to the State Secretary of the Ministry of Justice in accordance with the procedures laid down in the Administrative Procedure Law. The decision by the State Secretary of the Ministry of Justice may be appealed to a court in accordance with the procedures laid down in the Administrative Procedure Law. A court ruling on prohibition to use a driving licence for motor and water vehicles or refusal to revoke prohibition to use a driving licence for motor and water vehicles is not subject to appeal.

(2) Submitting an application to the State Secretary of the Ministry of Justice or submitting an application to a court does not suspend the decision taken by the director of the Fund Administration with the following exceptions:

1) it is suspended on the basis of a decision drawn up in written form by the reviewer of the submission or application;

2) the director of the Fund Administration has taken a decision on the prohibition to use a driving licence for motor and water vehicles.

Section 17. Duties of the Applicant

(1) An applicant has a duty to inform the Fund Administration of circumstances which affect the right to receive maintenance not later than within three working days after the day these circumstances have set in, submitting the relevant application, if:

1) the applicant takes care of the child, except the case a person of legal age has submitted an application on disbursement of maintenance;

2) the person of legal age does not continue acquisition of education in the Republic of Latvia;

3) the applicant or the child has no declared place of residence in the Republic of Latvia;

4) the debtor pays maintenance to the applicant in the amount which has been determined by the Cabinet on the basis of Section 179, Paragraph five of The Civil Law;

5) disbursement of maintenance from the Fund is performed in accordance with the procedures laid down in Section 11 of this Law and the debtor takes care of the child within the meaning of Section 177, Paragraph four and Section 178, Paragraph two of The Civil Law;

6) the child has registered a marriage;

7) disbursement of maintenance from the Fund is performed in accordance with the procedures laid down in Section 11 of this Law and a court ruling on recovery of maintenance has entered into effect or an agreement on maintenance has been entered into;

8) the court ruling on the basis of which the disbursement of maintenance from the Fund is performed, has lost its validity or a new court ruling has come into effect regarding recovery of maintenance for supporting a child;

9) the agreement on maintenance is either terminated or amended;

10) the person instead of whom the applicant wants to receive maintenance is not the parent of the child;

11) other circumstances have set in, which affect the right to receive maintenance.

(2) An applicant has a duty to repay to the Fund the maintenance and the interest specified in the Law disbursed from the Fund for the sums of unduly disbursed maintenance:

1) if the applicant has knowingly provided false information (in order to receive maintenance);

2) if the applicant has not notified of circumstances, which affect the right to receive maintenance within the time period specified in this Law;

3) which have been disbursed after the setting in of circumstances, which affect the right to receive maintenance.

Section 18. Duty of the Debtor to Repay Maintenance

(1) A debtor has a duty to repay to the Fund the maintenance disbursed and the lawful interest specified in the Law therefore in accordance with the procedures laid down in Sections 11 and 12 of this Law.

(2) Accumulation of lawful interest is suspended in the month in which the Fund Administration has received an application of the debtor containing a request to conclude agreement on procedures by which he or she settles maintenance and lawful interest payments, provided that the abovementioned agreement is signed, the debtor fulfils the agreement entered into and the decision on disbursement of maintenance has not been handed over to a sworn bailiff for enforcement.

(3) A claim of the Fund Administration regarding recovery of the disbursed maintenance from a debtor and the calculated lawful interest for maintenance shall not have a limitation period.

Transitional Provisions

1. With the coming into force of this Law the Maintenance Guarantee Fund Law (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2004, No. 14; 2009, No. 14; Latvijas Vēstnesis, 2009, No. 200; 2011, No. 95; 2012, No. 6, 190; 2013, No. 188, 232; 2014, No. 228), is repealed.

2. The provision laid down in Section 10, Paragraph one, Clause 3, Section 13, Paragraph three, Section 14, Paragraph one, Clauses 1 and 2, and Section 3, Paragraph one of this Law, stipulating that maintenance is to be ensured to a person of legal age who acquires education in the Republic of Latvia, shall be applied from 1 September 2017. Until 31 August 2017 maintenance shall be disbursed from the resources of the Fund not longer than until the day on which the person attains legal age.

3. Section 3, Paragraph one, Clause 1, Section 5, Paragraph two, Clause 1, Section 6, Paragraph one, Clause 1, Section 10, Paragraphs two and three, Section 11, Section 14, Paragraph one, Clause 14 and Paragraph six, Section 17, Paragraph one, Clauses 5 and 7, Section 18, Paragraph two of this Law, stipulating receipt of maintenance within the scope of administrative procedure, shall come into force on 1 April 2017.

4. In maintenance disbursement matters in respect of which the applicant until 31 January 2017 has not submitted information to the Fund Administration on his or her account in a credit institution or postal settlement system or if the submitted information is not accurate, the applicant shall receive the calculated, but not yet disbursed maintenance payments if the applicant submits to the Fund Administration an application regarding his or her account in a credit institution or postal settlement system until 30 April 2017.

5. The Cabinet shall issue the Cabinet regulations provided for in Section 6, Paragraph three of this Law until 31 January 2017 and the Cabinet regulations provided for in Section 4, Paragraph one, Clause 3, Paragraphs two and three, Section 5, Paragraph one, Clause 4 and Section 13, Paragraph one of this Law - until 31 March 2017. Until the day when the relevant Cabinet regulations come into force, but not longer than until 31 March 2017, the following Cabinet Regulations shall be applicable insofar as they are not in contradiction with this Law:

1) Cabinet Regulation No. 571 of 19 July 2011, Procedures by which the Administration of the Maintenance Guarantee Fund Carries out the Duties of the Central Authority in Cross-border Maintenance Matters;

2) Cabinet Regulation No. 71 of 4 February 2014, Regulations Regarding Disbursement of Maintenance.

6. Section 7 and also the third sentence of Section 16, Paragraph one and Paragraph two, Clause 2 of the Law shall come into force on 1 April 2017.

7. Until 31 December 2017 the director of the Fund Administration shall take a decision on fulfilling the right of the prohibition to use a driving licence for motor and water vehicles in respect of those persons who have obtained the status of a debtor until 31 March 2017, and primarily in respect of those persons who have the largest amount of accumulated maintenance debt in comparison with other debtors.

This Law shall come into force on 1 February 2017.

The Law was adopted by the Saeima on 1 December 2016.

President R. Vējonis

Riga, 21 December 2016

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 01.12.2016.Entry into force: 01.02.2017.Theme:  Social protection; Children and family rightsPublication: Latvijas Vēstnesis, 249, 21.12.2016. OP number: 2016/249.1
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