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 remuneration for the last three full calendar months with regard to each employee in the household;

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. statements of accounts in credit institutions or in the postal settlement system for the last three full calendar months with regard to all persons living in the household;

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 expenditures related to the use of the housing and also present documents certifying the use of the housing (for example, a tenancy agreement), if such 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.

3. The social service office in cooperation with the applicant shall electronically prepare a declaration of subsistence means (Annex 2) (hereinafter - the declaration) in the information system of the local government by using the data contained in the State and local government information systems and the details included in the documents referred to in Paragraph 2 of this Regulation. The applicant shall sign the printout of the declaration prepared in the local government information system, certifying the veracity of the information provided in the declaration, unless the declaration is submitted by using the single State and local government service portal (www.latvija.lv).

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 and the actual expenditures (not exceeding the expenditures for the use of the 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) + 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;

K - the amount of actual expenditures indicated in bill payments related to the use of the housing (not exceeding the expenditures for the use of the housing laid down in Annex 3 to this Regulation or in the binding regulations of the local government);

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

11. The amount of the housing allowance for the purchase of solid fuel shall be calculated by taking into consideration the conditions specified in Paragraphs 1 and 7 of Annex 3 to this Regulation and also the amount of actual expenditures indicated in other bill payments related to the use of the housing, and shall be granted once per calendar year.

12. The housing allowance shall not be granted if a court judgment on eviction from the housing has entered into force, unless the household submits a statement from the owner or manager of the building or from a bailiff that the execution of the court judgment has been suspended for a certain period of time.

13. Within one month after 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 assess 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 if the requirements of this Regulation or the binding regulations of the relevant local government are not complied with, and also determine the conformity of the household with the status of a needy or low-income household. The social service office shall inform the applicant of the decision taken.

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 determining the status of a needy or low-income household is taken.

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 for the purchase of solid fuel which may be disbursed as one or several payments during the calendar year.

16. The granted guaranteed minimum income benefit shall be transferred to the applicant's credit institution payment account or postal settlement system account or paid in cash, the housing allowance shall be transferred to the manager or providers of utility services, the expenses of purchasing fuel may be covered by a transfer to the supplier or transferred to the credit institution payment account or postal settlement system account indicated by the applicant.

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 regulatory enactment on the basis of which the relevant status was determined.

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

[1 April 2021]

Declaration of Subsistence Means No. ____

Submitted on ___ _______________ 20____ ______________

1. Personal Data

address of the place of residence

Other persons

2. Person's Income

Income shall be indicated for each person separately

Notes.

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

2. ** When assessing, may be considered as permissible accumulation.

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 payment accounts of credit institutions or in the postal settlement system, owned securities (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

6. [1 April 2021]

7. [1 April 2021]

I append the following documents in annex

Notes.

1. *** The applicant need not sign the declaration if it is submitted using the single State and local government service portal (www.latvija.lv).

2. *** Information contained in the declaration is confidential and the requirements referred to in Section 16 of the law On Social Security shall be applicable thereto.

Minister for Welfare R. Petraviča

Annex 3
Cabinet Regulation No. 809
17 December 2020

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.

2. Rent and management of residential premises in accordance with the conditions of the concluded tenancy agreement or the monthly amount indicated in the utility bill (not exceeding the norms indicated in Sub-paragraph 1.1 or 1.2 of this Annex), but not more than 5 euros per 1 m², unless the local government council has determined a different amount.

3. If the housing allowance is requested for covering the expenses of using a 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 a 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 a 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 a housing where heating is provided using gas - costs according to meter readings, but not more than 0.95 euros per 1 m² of the housing per month 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 the 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 a 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 a housing where heating is provided using electricity - costs according to meter readings, but not more than 0.95 euros 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. Expenses for ensuring individual heating of a housing with solid fuel (for example, wood, coal, briquettes, pellets):

7.1. according to the amount indicated in the certified statement of expenditure, but not more than 6 euros per 1 m² of the housing per calendar year (not exceeding the norms indicated in Paragraph 1 of this Annex);

7.2. in the calculation of the housing allowance, the total amount of purchase costs of solid fuel shall be included in one month's household expenditure.

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 or checking of one water meter - up to 15 euros, but not more than stated in the document certifying such expenses;

8.3. for a gas cylinder with a maximum capacity of 50 litres - the amount of the purchase cost every six months for a single-person household and up to once every three months for a multi-person household;

8.4. for the use of telecommunications and internet - up to 20 euros per household per month, but no more than indicated in the service provider's bill.

Minister for Welfare R. Petraviča