Regulations Regarding the Register of Applicants and Debtors of the Maintenance Guarantee Fund

Issued pursuant to
Section 4, Paragraph one, Clause 3, Section 5,
Paragraph one, Clause 4, Section 6,
Paragraph three of the Maintenance Guarantee Fund Law
and Section 65.³, Clause 2 of the Law on the Protection
of the Children's Rights

1. This Regulation prescribes the procedures by which:

1.1. the Administration of the Maintenance Guarantee Fund (hereinafter - the Fund Administration) shall register the persons to whom maintenance from the Maintenance Guarantee Fund (hereinafter - the Fund) has been disbursed, and the debtors;

1.2. the Fund Administration shall issue information regarding the persons referred to in Sub-paragraph 1.1 of this Regulation, and the amount of such information;

1.3. information regarding the debtor is inserted in the single State and local government services portal www.latvija.lv and deleted from it;

1.4. natural persons may request and receive information regarding a debtor.

2. Persons to whom maintenance has been disbursed from the Fund and debtors shall be registered in the Register of Applicants and Debtors of the Maintenance Guarantee Fund (hereinafter - the Register).

3. The Register shall be the State information system. The Fund Administration shall be the manager of the Register.

4. The following information shall be included in the Register:

4.1. the given name, surname, personal identity number, and declared place of residence of the person to whom maintenance has been disbursed from the Fund;

4.2. the given name, surname, and personal identity number of the child for whom maintenance is requested;

4.3. the date of submitting the application;

4.4. the date when a decision to disburse the maintenance, to refuse to disburse the maintenance, to terminate the disbursement of the maintenance has been taken, the number of the decision and the amount of the maintenance to be disbursed for each child;

4.5. the given name, surname, personal identity number, and declared place of residence of the debtor;

4.6. information regarding the amount of the debt and the amount of the monies recovered from the debtor.

5. The Register is connected with the Population Register in an online data exchange mode in order to ensure receipt and updating of the necessary information referred to in Sub-paragraphs 4.1, 4.2, and 4.5 of this Regulation.

6. If the Fund Administration has taken a decision to disburse maintenance from the Fund, it shall ascertain whether any of the following reasons exists in relation to the debtor:

6.1. non-existence of a debt;

6.2. the Fund Administration has entered into an agreement with the debtor regarding the procedures by which he or she shall make payments of the maintenance and lawful interest, and the debtor fulfils the agreement entered into;

6.3. the debtor is a person with disability;

6.4. documents have been received from the debtor certifying that the debtor is a person who has not been working longer than for a period of six months due to temporary work disability, if work disability is continuous, or for one year over a period of three years if work disability repeats with interruptions.

7. The Fund Administration shall, within 10 working days after it has taken a decision to disburse the maintenance and detected that the reasons referred to in Paragraph 6 of this Regulation do not exist, ensure that information regarding the debtor is inserted in the single State and local government services portal www.latvija.lv.

8. Information regarding disbursement of the maintenance from the Fund shall be available in the single State and local government services portal www.latvija.lv for authenticated users of the portal, using the electronic service "Information regarding the debt of maintenance".

9. The Fund Administration shall delete information regarding the debtor from the single State and local government services portal www.latvija.lv if:

9.1. the debtor has become a person with disability;

9.2. the debtor has submitted documents certifying that he or she has not been working longer than for a period of six months due to temporary work disability, if work disability is continuous, or for one year over a period of three years if work disability repeats with interruptions;

9.3. the debtor has entered into an agreement with the Fund Administration regarding the procedures by which he or she shall make payments of the maintenance and lawful interest, and the debtor fulfils the agreement entered into;

9.4. information has been received from a sworn bailiff that the debtor has made a payment of the maintenance which ensures the minimum amount specified in laws and regulations;

9.5. information has been received from the person to whom maintenance from the Fund has been disbursed, if the recovery of maintenance is executed in a foreign state, or from the competent authority that the debtor has made a payment of maintenance which ensures the minimum amount specified in laws and regulations;

9.6. at least one of the circumstances referred to in Section 14, Paragraph one of the Maintenance Guarantee Fund Law has set in.

10. The Fund Administration shall receive information that the debtor is a person with disability from the relevant State information system.

11. The Fund Administration shall update the information in the single State and local government services portal www.latvija.lv not less than once in five working days.

12. The information included in the Register shall be placed in the Register Archives if the Fund Administration has taken a decision:

12.1. to discontinue disbursement of the maintenance in accordance with Section 14, Paragraph one, Clause 6 of the Maintenance Guarantee Fund Law;

12.2. to discontinue disbursement of the maintenance and has certified the non-existence of a claim against the debtor.

13. The following have the right to receive the information included in the Register:

13.1. natural persons - information regarding themselves and information regarding debtors in the amount specified in Section 6 of the Maintenance Guarantee Fund Law;

13.2. State and local government institutions - information which is necessary for carrying out official or service duties;

13.3. sworn bailiffs - information which is necessary for recovery of maintenance;

13.4. credit institutions, branches of credit institutions, capital companies providing credit and financial lease services, insurance companies, providers of electronic communication services, and credit bureaus - information regarding the debtor with whom they enter into or amend contractual obligations.

14. The Fund Administration shall issue the information included in the Register:

14.1. in person if the relevant person presents a personal identification document;

14.2. sending by post;

14.3. using an electronic data carrier;

14.4. using online data transmission;

14.5. using the official electronic mail address of the institution;

14.6. using the electronic services "Information regarding the debt of maintenance" and "Information regarding proceedings of examining a maintenance case" available in the single State and local government services portal www.latvija.lv;

14.7. electronically in accordance with the laws and regulations regarding circulation of electronic documents;

14.8. using other electronic means available to the provider of information and the requester of information (means of electronic communication which are suitable for processing (also digital compression) and storage of the data received or sent in an electronic communications network, as well as data transmission in electronic communications networks), for example, using data transfer servers.

15. Cabinet Regulation No. 5 of 6 January 2015, Procedures for Registering Persons to whom Maintenance has been Disbursed from the Maintenance Guarantee Fund, and Debtors (Latvijas Vēstnesis, 2015, No. 4, 124), is repealed.

Prime Minister Māris Kučinskis

Acting for the Minister for Justice -
Minister for Environmental Protection
and Regional Development Kaspars Gerhards

Translation © 2017 Valsts valodas centrs (State Language Centre)