Regulations Regarding the Assessment of the Material Situation of a Household and Receipt of Social Assistance

Issued pursuant to Section 3, Paragraph two and
Section 36, Paragraphs four and five
of the Law on Social Services and Social Assistance

1. The Regulation prescribes:

1.1. the procedures for the assessment of the material situation of a household and receipt of social assistance;

1.2. the procedures for calculating, granting and disbursing the guaranteed minimum income benefit;

1.3. the procedures for calculating, granting and disbursing the housing allowance and the minimum norms of expenditure items for calculating the amount of a housing allowance;

1.4. the procedures for determining the status of a needy and low-income household.

2. In order to receive social assistance and assess the conformity of a household with the status of a needy or low-income household, one person of the household (hereinafter - the applicant) shall address a social service office of a local government (hereinafter - the social service office), present a personal identification document and submit the following:

2.1. an application signed by the persons of legal age of the household;

2.2. a statement of the employer on the remuneration for the last three full calendar months for each employee in the household if the statements of the payment accounts of the credit institution or the postal settlement system of the person do not contain the necessary information;

2.3. a statement on income from economic activity (Annex 1) for the last three full calendar months with regard to each performer of economic activity in the household;

2.4. the statements of the payment accounts of the credit institution or the postal settlement system of all persons in the household on the movement of funds for the last three full calendar months and the balance of the account at the beginning and end of the period in question;

2.5. documents certifying irregular income or other income specified in Sub-paragraph 2.2 of Annex 2 to this Regulation and payments received for the period of 12 calendar months prior to the submission of the application referred to in Sub-paragraph 2.1 of this Regulation;

2.6. documents for the calculation of the housing allowance which certify the expenses specified in Annex 3 to this Regulation for the previous or current month, and also present the documents certifying the use of the housing if the abovementioned documents are not at the disposal of the social service office;

2.7. other documents if it is necessary for taking the decision on granting social assistance or determining the status of a needy or low-income household.

[6 June 2023]

3. For the evaluation of the material situation of the household, the social service office shall use the application SOPA for the administration of local government social assistance and social services and the information included in the documents referred to in Paragraph 2 of this Regulation, and shall electronically draw up a declaration of subsistence means (Annex 2) (hereinafter - the declaration). The applicant may also prepare and submit the declaration using the single State and local government service portal (www.latvija.gov.lv).

[6 June 2023]

3.¹ The declaration shall be drawn up in conformity with the laws and regulations regarding social services and social assistance, taking into account the period specified for basic social assistance benefits and the status of a needy and low-income household (hereinafter - the declaration period).

[6 June 2023]

4. If necessary, the social service office shall inspect the actual place of residence or the declared place of residence indicated by the applicant and assess the possibility to provide appropriate support.

5. [1 April 2021]

6. The amount of average income per month from the income referred to in Sub-paragraph 2.5 of this Regulation (including from the income from alienation of property) shall be calculated by dividing the amount of income by the number of calendar months from the day of receipt of income or performance of a transaction until the day of submitting the application referred to in Sub-paragraph 2.1 of this Regulation.

[1 April 2021]

7. If at the time of submission of the application a member of the household does not have income, but the average income of that person during the preceding three calendar months was equal to or below the minimum monthly wage in effect in the State on 1 January of the relevant year, the income of such person shall not be taken into consideration when assessing the material situation of the household.

8. A household or a person of the household does not qualify for receiving social assistance and the status of a needy or low-income household if the income and material resources of the household do not meet the income threshold and the level of material situation specified in laws and regulations.

9. The amount of the guaranteed minimum income benefit shall be calculated as the difference between the sum of the thresholds of the guaranteed minimum income for the household and the total income of the household, using the following formula:

P_gmi = (GMI¹ + GMI² x N) - I where

P_gmi - the amount of the benefit;

GMI¹ - the threshold of the guaranteed minimum income for the first or only person in the household;

GMI² - the threshold of the guaranteed minimum income for each additional person in the household;

N - the number of other persons in the household;

I - total income of the household.

10. The amount of the housing allowance shall be calculated as the difference between the sum of the thresholds of the guaranteed minimum income for the household which is multiplied by the relevant coefficient and the amount of payments calculated on invoices or receipts for the relevant period (not exceeding the amount of expenditures on housing laid down in Annex 3 to this Regulation or in the binding regulations of the local government) and the total income of the household, using the following formula:

P_maj = (GMI¹ + GMI² x N) x KOEF + K - I where

P_maj - the amount of the allowance;

(GMI¹ + GMI² x N) - the sum of the thresholds of the guaranteed minimum income for the household;

GMI¹ - the threshold of the guaranteed minimum income for the first or only person in the household;

GMI² - the threshold of the guaranteed minimum income for each additional person in the household;

N - the number of other persons in the household;

KOEF - the coefficient specified in the laws and regulations regarding social services and social assistance;

K - the amount of payments calculated on invoices or receipts for the relevant period (not exceeding the amount of expenditures laid down in Annex 3 to this Regulation or in the binding regulations of the local government);

I - the total income of the household (including the amount of the guaranteed minimum income benefit received in the relevant month).

[6 June 2023 / The new wording of the Paragraph shall be applicable from 1 June 2023. See Paragraph 2 of Amendments]

10.¹ If expenditures on housing increase for a household after taking the decision to grant a housing allowance, the social service office shall, on the basis of an application for the recalculation of the housing allowance and the submitted invoices or receipts, recalculate the housing allowance for the previous three calendar months from the submission of the application for the recalculation of the housing allowance.

[6 June 2023]

10.² If a housing allowance has not been calculated and granted to a household during the declaration period, it has the right to request the social service office to calculate the housing allowance for not more than the previous three calendar months of the declaration period, presenting invoices or receipts for each given month. The calculation for the subsequent declaration period shall be carried out in accordance with the documents certifying expenditures of the current month.

[6 June 2023]

11. The amount of the housing allowance for a household whose housing is heated using an individual heating system, except for the cases specified in Annex 3, Sub-paragraphs 4.3 and 5.4 to this Regulation, shall be calculated and granted once in a calendar year, taking into account the conditions referred to in Annex 3, Paragraphs 1 and 7 to this Regulation, and also the amounts of calculated payments in the other expenditure invoices or receipts specified in Annex 3 for the period concerned.

[6 June 2023]

12. If a court judgment on eviction from the housing has entered into effect, the social service office shall take the decision to refuse to grant the housing allowance, except for the case where the household submits a statement from the owner or manager of the building, or a sworn bailiff about the postponement of the enforcement of the court judgment for a specified period.

[6 June 2023]

13. Following the receipt of the documents referred to in Paragraph 2 of this Regulation and preparation of the declaration referred to in Paragraph 3, the social service office shall evaluate the material resources of a household, calculate the basic social assistance benefits (the guaranteed minimum income benefit and housing allowance) and take the decision on granting social assistance benefits or on refusal to grant social assistance, and also take the decision on the conformity of the household with the status of a needy or low-income household or the refusal.

[6 June 2023]

14. Basic social assistance benefits shall be granted and the status of a needy or low-income household shall be determined from the month in which the decision on granting basic social assistance benefits and the decision on the conformity with the status of a needy or low-income household is taken.

[6 June 2023]

15. The guaranteed minimum income benefit shall be disbursed once a month. The housing allowance shall be disbursed at least once every three months, except for the housing allowance referred to in Paragraph 11 of this Regulation which may be disbursed once or several times during the calendar year.

[6 June 2023]

15.¹ The housing allowance referred to in Paragraph 11 of this Regulation may be paid in advance, agreeing with the applicant on the submission of actual expenditure invoices or receipts after the performance of the transaction.

[6 June 2023]

16. The granted guaranteed minimum income benefit shall be transferred to the credit institution payment or postal settlement system account of the applicant or disbursed in cash.

[6 June 2023]

16.¹ The granted housing allowance shall be transferred to the manager, other service providers, and fuel supplier or to the credit institution payment or postal settlement system account indicated by the applicant or disbursed to the applicant in cash.

[6 June 2023]

17. The conformity of a household with the status of a needy or low-income household shall be certified by a statement issued by the social service office which shall list the given names, surnames, personal identity numbers, dates of birth of all persons in the household, and also the validity period of the statement and the law or regulation on the basis of which the relevant status was determined.

[6 June 2023]

18. The following is repealed:

18.1. Cabinet Regulation No. 550 of 17 June 2009, Procedures for the Calculation, Granting, Disbursement of the Benefit for Ensuring the Guaranteed Minimum Income Level and for the Entering into an Agreement Regarding Participation (Latvijas Vēstnesis, 2009, No. 97; 2017, No. 248);

18.2. Cabinet Regulation No. 299 of 30 March 2010, Regulations Regarding the Recognition of a Family or Person Living Separately as Needy (Latvijas Vēstnesis, 2010, Nos. 51/52, 204; 2012, No. 85; 2013, No. 193; 2015, No. 93; 2017, No. 128);

18.3. Cabinet Regulation No. 913 of 18 December 2012, Regulations Regarding the Guaranteed Minimum Income Level (Latvijas Vēstnesis, 2012, No. 203; 2013, No. 193; 2017, No. 248; 2019, No. 203).

19. Paragraphs 10 and 11 of and Annex 3 to this Regulation shall be applicable from 1 July 2021.

[1 April 2021]

20. The Regulation shall come into force on 1 January 2021.

Prime Minister A. K. Kariņš

Minister for Welfare R. Petraviča

Annex 1
Cabinet Regulation No. 809
17 December 2020

Statement on Income from Economic Activity

Submitted on ___ _________ 20__ _______________

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

Note. * Except for the cases specified in Section 11, Paragraph twelve of the law On Personal Income Tax stipulating that the payer in acquiring income from property [..] or earning income from the alienation of movable property [..], need not register with the State Revenue Service as a performer of economic activity. In such case, the payer is not entitled to apply the expenditure of economic activity [..], except for immovable property tax payments for the relevant immovable property. The payer shall account for economic activity revenue in chronological order in a revenue accounting register [..]. The payer has the right not to account the revenue from economic activity in the revenue accounting register if revenue from economic activity has been gained only in non-cash form. The activity of a natural person shall qualify as an economic activity if the revenue from a transaction exceeds EUR 14 229 in a taxation year, except income from the alienation of personal property [..].

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

Minister for Welfare R. Petraviča

Annex 2
Cabinet Regulation No. 809
17 December 2020

[6 June 2023 / The new wording of Annex shall be applicable from 1 June 2023. See Paragraph 2 of Amendments]

Declaration of Subsistence Means No. ___

Submitted on ___ _________ 20__ ________________

1. Personal Data

Given name, surname of the applicant ___________________________________________________

address of the place of residence:

actual _______________________________________

declared _______________________________________

phone number, e-mail address of the person _______________________________________

Other persons:

2. Person's Income

Income shall be indicated for each person separately

Note. * Income according to Section 36, Paragraph one, Clause 1 of the Law on Social Services and Social Assistance shall not be taken into consideration.

3. Savings of Monetary Funds and Securities of a Person

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

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

4. Immovable Properties Owned by the Person

5. Vehicles Owned by the Person

Note. The information specified in the declaration is confidential and the requirements of laws and regulations in the field of social security and the protection of personal data shall apply thereto.

Annex 3
Cabinet Regulation No. 809
17 December 2020

[6 June 2023 / The new wording of Annex shall be applicable from 1 June 2023. See Paragraph 2 of Amendments]

Minimum Norms of Expenditure Items to Be Used for Calculating the Housing Allowance

The following minimum norms of expenditure items shall be used for calculating the housing allowance:

1. The area of the housing taken into consideration for the payment of the expenses of renting the residential premises, managing and heating of the residential house:

1.1. of the total area of the housing - 32 m² for one person in the household and 18 m² for each additional person in the household;

1.2. the entire area of the housing if:

1.2.1. it is a one-room housing or a room in a housing of joint owners;

1.2.2. one or more persons with Group I or Group II disability, or one or more persons who have reached the age required for granting a State old-age pension, live and have declared their place of residence in a two-room housing;

1.3. up to 50 m² of the total area of housing if one person with Group I or Group II disability or one person who has reached the age required for granting a State old-age pension lives in the housing and has declared it as his or her place of residence.

2. Residential tenancy in accordance with the terms of the residential tenancy agreement entered into, but not more than EUR 5 per 1 m², if the local government council has not determined a different amount, and the amount of payments calculated on the management or utility invoice or receipt for the relevant period (not exceeding the norms specified in Sub-paragraphs 1.1, 1.2, or 1.3 of this Annex).

3. If the housing allowance is requested for covering the expenses of using housing which is owned or used by a separately living relative in a direct line or a spouse of a person in the household and a tenancy or subtenancy agreement has been concluded between the applicant or a person in the household and the owner of the housing, the rent specified in Paragraph 2 of this Annex shall not be taken into consideration when calculating the housing allowance.

4. Expenses for gas according to meter readings, including the fixed charge per household, but not more than:

4.1. in housing with a gas stove - the cost of 6 m³ per month for one person in the household and 3 m³ per month for each additional person in the household;

4.2. in housing where hot water is produced using gas, in addition to the norms laid down in Sub-paragraph 4.1 of this Annex - the cost of 3 m³ per month for each person in the household;

4.3. in housing where heating is provided using gas - costs according to meter readings, but not more than EUR 4 per 1 m² of the housing six months per year (during the heating season) in addition to the norms laid down in Sub-paragraphs 4.1 and 4.2 of this Annex.

5. Expenses for electricity - costs according to meter readings, including system services, the mandatory procurement component (MPC) and value added tax (VAT), but not more than:

5.1. the cost of 100 kWh per month for a single-person household and the cost of 30 kWh per month for each additional person in the household, but not more than the cost of 200 kWh per month for a multi-person household;

5.2. if housing has a fixed electric stove - the cost of 150 kWh per month for a single-person household, but not more than the cost of 250 kWh per month for a multi-person household;

5.3. in housing where hot water is produced using electricity, in addition to the norms laid down in Sub-paragraph 5.1 or 5.2 of this Annex - the cost of 50 kWh per month for a single-person household, but not more than 120 kWh per month for a multi-person household;

5.4. in housing where heating is provided using electricity - costs according to meter readings, but not more than EUR 4 per 1 m² of the housing six months per year (during the heating season) in addition to the norms laid down in Sub-paragraphs 5.1, 5.2, and 5.3 of this Annex.

6. Expenses for cold water, sewerage and hot water according to the amount indicated in the rent or management expense or utility payment receipt or, if the housing has water meters, according to the water meter readings, but not more than the cost of 6 m³ per month per person in a household, of which not more than the 3 m³ - the cost of hot water per month per person.

7. Expenditures for the provision of individual heating in housing, except for the cases referred to in Sub-paragraphs 4.3 and 5.4 of this Annex:

7.1. according to the amount indicated in the certified statement of expenditure, but not more than 12 euros per 1 m² of the housing per calendar year (not exceeding the norms indicated in Paragraph 1 of this Annex);

7.2. the calculation of the total amount of the housing allowance shall include the amount calculated in Sub-paragraph 7.1 of this Annex for the household expenditures of one month.

8. For other services, except for the expenses for the use of a car park and security services:

8.1. according to the monthly amount indicated in the rent or management expense or utility payment receipt for other expenses related to the management of the apartment (including refuse removal, energy efficiency measures of the apartment building, rent for land, immovable property tax payment in accordance with the procedures laid down in laws and regulations, taking into consideration tax allowances granted to the person, expenses for insurance of the housing, services related to waste collection);

8.2. for the installation, replacement or verification of one water meter once in the period specified in laws and regulations - up to EUR 25, but not more than as indicated in the invoice or receipt;

8.3. for gas cylinders with the total volume of up to 108 litres per calendar year for the household;

8.4. for the use of telecommunications and the Internet in conformity with the amount of payments calculated in the invoices of service providers for the relevant period, but not more than EUR 20 for one person in the household and EUR 10 for other persons in the household;

8.5. for flue and ventilation maintenance in individual residential houses or apartments where maintenance is performed on an individual basis, up to EUR 150 once per calendar year.

9. Rent for land, immovable property tax charges (not exceeding the norms specified in Paragraph 1 of this Annex), expenditures for the installation or inspection of water meters and expenditures for flue and ventilation maintenance shall be included in the household expenditures of one month.

Translation © 2024 Valsts valodas centrs (State Language Centre)