The translation of this document is outdated.
Translation validity: 16.05.2024.–03.12.2024.
Amendments not included:
07.11.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 December 2002 [shall
come into force on 1 January 2003];
17 June 2004 [shall come into force on 13 July
2004];
25 November 2004 [shall come into force on 29 December
2004];
25 May 2006 [shall come into force on 28 June
2006];
3 May 2007 [shall come into force on 7 June 2007];
21 June 2007 [shall come into force on 19 July
2007];
20 December 2007 [shall come into force on 30 December
2007];
18 September 2008 [shall come into force on 1 October
2008];
18 December 2008 [shall come into force on 1 January
2009];
7 May 2009 [shall come into force on 1 July 2009];
29 October 2009 [shall come into force on 1 December
2009];
21 January 2010 [shall come into force on 4 February
2010];
7 October 2010 [shall come into force on 10 November
2010];
8 July 2011 [shall come into force on 1 January
2012];
15 December 2011 [shall come into force on 30 December
2011];
6 December 2012 [shall come into force on 22 December
2012];
14 November 2013 [shall come into force on 18 December
2013];
17 December 2014 [shall come into force on 1 January
2015];
26 November 2015 [shall come into force on 2 December
2015];
10 November 2016 [shall come into force on 9 December
2016];
12 January 2017 [shall come into force on 9 February
2017];
21 November 2019 [shall come into force on 24 December
2019];
19 December 2019 [shall come into force on 13 January
2020];
20 March 2020 [shall come into force on 22 March
2020];
16 April 2020 [shall come into force on 18 April
2020];
7 May 2020 [shall come into force on 9 May 2020];
24 November 2020 [shall come into force on 1 January
2021];
18 February 2021 [shall come into force on 25 February
2021];
11 March 2021 [shall come into force on 1 April
2021];
4 August 2021 [shall come into force on 10 August
2021;
16 September 2021 [shall come into force on 22 September
2021];
15 November 2021 [shall come into force on 1 January
2022];
20 January 2022 [shall come into force on 4 February
2022];
10 March 2022 [shall come into force on 1 April
2022];
8 March 2023 [shall come into force on 1 June
2023];
28 September 2023 [shall come into force on 31 October
2023];
5 October 2023 (Constitutional Court Judgment) [shall
come into force on 5 October 2023];
7 December 2023 [shall come into force on 1 January
2024];
29 February 2024 [shall come into force on 15 March
2024];
9 May 2024 [shall come into force on 16 May 2024].
If a whole or part of a
section has been amended, the date of the amending law
appears in square brackets at the end of the section. If
a whole section, paragraph or clause has been deleted,
the date of the deletion appears in square brackets
beside the deleted section, paragraph or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Social
Services and Social Assistance
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) home care - services at home for the satisfaction of
the basic needs of persons who are not able to take care of
themselves due to objective circumstances;
2) day care centre - an institution which during the
day provides social care and social rehabilitation services,
development of social skills, education and opportunities for
spending free time for persons with mental impairments, persons
with disabilities, children from needy families and families with
circumstances unfavourable to the development of the child, and
also for persons who have attained the age that entitles one to
receive the State old-age pension (hereinafter - the persons of
retirement age);
3) quality of life - a welfare indicator of a person,
family, group of persons, or society which includes physical and
mental health, free time and spending thereof, work, education, a
link with society, the right to independently take decisions and
fulfil them, and also material security;
4) functional disorder - a disorder of a physical or
mental nature caused by a disease, trauma or congenital defect
which restricts the ability of a person to work, take care of
himself or herself and makes it difficult for the person to
integrate into society;
5) group house (apartment) - a house or a separate
apartment where a person with mental impairments is ensured with
a housing, individual support for resolving social problems and,
if necessary, social care;
6) long-term social care and social rehabilitation
institution - a social institution which provides a person
who cannot take care of himself or herself due to old age or
state of health, and also orphans and children left without
parental care with housing, full care and rehabilitation;
7) client - a person who receives social services or
social assistance;
8) crisis centre - a social institution where
short-term psychological and other types of assistance is
provided to persons in a crisis situation;
9) night shelter - a social institution providing
lodging, dinner and personal hygiene opportunities for persons
without a defined place of residence or persons in a crisis
situation;
10) [24 November 2020];
11) basic needs - food, clothing, housing, health care,
compulsory education;
12) shelter - a social institution that provides
persons without a defined place of residence or persons in a
crisis situation with the possibility of short-term residence,
food, opportunities for personal hygiene and the services of
social work specialists;
13) vocational rehabilitation - a set of measures that
following an individualised assessment of functional disorders
and determination of vocational suitability ensures the
acquisition of a new occupation, vocational knowledge or skills
or renewal thereof, including the acquisition of a vocational
education programme at basic and secondary education level and
multidisciplinary services for integration into the labour market
for persons of working age;
14) psychosocial assistance - a social work area the
purpose of which is to help solving of an individual or family
interpersonal and social environment problems by providing
psychological and social support;
15) service apartment - an apartment that is let out
and adjusted for a person with severe functional disorders in
order to increase the possibilities for the person to live
independently and to take care of himself or herself;
16) social work specialist - a person who has the
education specified in this Law and who performs the professional
duties of a social worker, caritative social worker, social
carer, social rehabilitator or social assistance organiser;
17) [24 November 2020];
18) social service office - an institution established
by a local government which provides social assistance, organises
and provides social services to inhabitants of the local
government;
19) social work - professional activity that helps
persons, families, groups of persons, and society as a whole
promote or renew the ability thereof to function socially, and
also to create favourable circumstances for such functioning;
20) social care service - a set of measures aimed at
the satisfaction of the basic needs of those persons who have
objective difficulties taking care of themselves due to old age
or functional disorders, and includes services at the place of
residence of the person and in long-term social care
institutions;
21) social care services at the place of residence of a
person - services which are approximated to the family
environment [home care, services at a day care centre, service
apartment, group house (apartment), and others];
22) social rehabilitation services at the place of
residence of a person - services available at the place of
residence (individual social work with a client, services of
specialised workshops, services of crisis centres, day care
centres, and others);
23) social rehabilitation service - a set of measures
aimed at the renewal or improvement of the social functioning
abilities in order to ensure the recovery of social status and
integration into society and includes services at the place of
residence of the person and at a social care and social
rehabilitation institution, or at the place of residence or at a
social care and social rehabilitation institution;
24) social service provider - a person providing social
care, social rehabilitation, vocational rehabilitation and social
work services;
25) specialised workshops - a social rehabilitation
service that ensures activities promoting skills and support of
specialists to persons with functional disorders;
26) technical aids - equipment or technical system that
rectifies, compensates, relieves, or neutralises the reduction of
a function or disability;
27) half-way house - a social rehabilitation
institution or a structural unit of a long-term social care and
social rehabilitation institution in which social rehabilitation,
the acquisition or strengthening of self-care skills and life
competences necessary for an independent life is ensured for
persons with functional disorders;
28) supervision - a purposefully organised advisory and
educational support to social work specialists for the purpose of
improving their professional competences and quality of
professional activities;
29) victim of trafficking of human beings - a person
who has been recognised as a victim in the criminal offence of
trafficking of human beings or who the State Police has issued a
statement that he or she is a victim of trafficking of human
beings in a foreign state, and also a person who has been
recognised as conforming to victim of trafficking of human beings
criteria by a social service provider;
30) mental impairment - a mental illness or mental
disorder restricting the ability of a person to work and to take
care of himself or herself, and also makes it difficult for him
or her to integrate into society and that is determined in
conformity with the current revision of the International
Statistical Classification of Diseases and Related Health
Problems (ICD);
31) working age - the phase of a person's life from the
age of 15 years up to the age required for granting the State
old-age pension;
32) caritative social work - work analogous to social
work the purpose of which is to help persons, families, groups,
or the society as a whole to regain the ability to function
socially and mentally;
33) technical aids service - a set of measures that
ensures functional assessment of a person, manufacture,
adjusting, training for use, repair and ensuring of circulation
of technical aids, and also delivery thereof at the place of
residence of a person;
34) care level of the client - a quantified value
characterising the level of a lack of self-care capacities of a
person that is determined by a multidisciplinary team of
specialists recruited by a social work specialist on the basis of
the assessment of the degree of severity of functional disorders
and the need thereof, and also the activity to be performed to
ensure a social care service and the amount of resources to be
attached;
35) psychosocial rehabilitation - a social
rehabilitation area which applies to a person and the family
thereof and the objective of which is to ensure support for
resolving psychosocial problems;
36) determination of vocational suitability - a measure
during which the interest of a person in different areas of
professional activity and specific occupations, the desire and
motivation to learn, previous knowledge and experience, and also
the compliance of the state of health, intellectual capacities,
and individual characteristics of a person with the selected
occupation are assessed;
37) provider - a person who in accordance with the law
or a court ruling has an obligation to take care of his or her
spouse, children, or parents;
38) social rehabilitation centre - a social
rehabilitation institution where social rehabilitation necessary
for restoring social functioning abilities is provided to persons
with functional disorders, persons addicted to psychoactive
substances, persons after serving a sentence of deprivation of
liberty, and other persons with social functioning problems;
39) crisis situation - a situation when a person has no
possibilities to use the usual ways to solve problems due to a
catastrophe or other external occurrences, he or she is not
capable to overcome the consequences caused by such occurrences
by himself or herself and he or she requires a psychosocial or
material assistance;
40) household - several persons who are living in one
housing and are jointly covering expenses, or one person who is
managing a household individually;
41) social functioning - ability of a person to act in
different fields of life and perform corresponding social roles
which are constantly exposed to environmental impact and include
expectations and objective requirements of the society;
42) supported decision-making service - a social
service provided to an adult person with mental impairments to
support him or her in decision-making;
43) supporter - a person who, in accordance with his or
her professional competence, provides support to an adult person
with mental impairments in decision-making.
[17 June 2004; 25 May 2006;3 May 2007; 21 June 2007; 20
December 2007; 18 September 2008; 7 May 2009; 7 October 2010; 12
January 2017; 24 November 2020; 10 March 2022; 28 September
2023 / Clauses 42 and 43 shall come into force on 1
November 2023. See Paragraph 58 of Transitional
Provisions]
Section 2. Purpose of the Law
The purpose of this Law is to establish principles for the
provision and receipt of social work, caritative social work,
social care, social rehabilitation, vocational rehabilitation
services (hereinafter - the social services) and social
assistance, the range of persons who have the right to receive
these services and assistance, and also the principles for
payment and financing of social care, social rehabilitation and
vocational rehabilitation services.
[20 December 2007; 7 May 2009]
Section 3. Right to Social Services
and Social Assistance
(1) The right to receive social services and social assistance
specified in this Law shall be enjoyed by the following persons
residing in the Republic of Latvia:
1) citizens and non-citizens of Latvia;
2) third-country nationals who have received a permanent
residence permit or who have been granted the status of a
permanent resident of the European Union in the Republic of
Latvia;
3) citizens of the European Union Member States, European
Economic Area states and the Swiss Confederation who:
a) have obtained the right of permanent residence;
b) are entitled to reside in the Republic of Latvia and who
have stayed in the Republic of Latvia for at least three
months;
c) who have stayed in the Republic of Latvia for at least six
months if entering into employment relationships in the Republic
of Latvia has been the purpose of their stay, and their attempt
to find a job is attested by registration thereof in the State
Employment Agency;
4) family members of the persons referred to in Clauses 1, 2,
and 3 of this Paragraph.
(11) Persons who reside in the Republic of Latvia
and to whom an alternative status has been granted, and also
family members of these persons who reside in the Republic of
Latvia shall have the right to receive the basic social
assistance benefits, shelter and night shelter services referred
to in this Law, and also information and consultations from the
social service office.
(12) Children who have acquired alternative status
have the right to receive social care services and the social
rehabilitation services specified in Section 13, Paragraph one of
this Law.
(2) The Cabinet and local government shall determine the
procedures for the receipt of social services and social
assistance.
(3) The procedures by which social services provided by local
government are received shall be determined by local government
binding regulations.
(4) A victim of trafficking in human beings has the right to
receive social rehabilitation. If necessary, a minor accompanied
by a victim of trafficking in human beings has also the right to
stay in the social rehabilitation institution together with this
person.
(5) If shelter and night shelter services specified in
Paragraph 1.1 of this Section cannot be applied to a
person who has been granted alternative status due to his or her
functional disorders or the lack of social skills, the local
government social service office is entitled to apply other types
of social services suitable for the encountered problem.
(6) The right to receive social services determined in this
Law shall be also enjoyed by persons who have not been specified
in Paragraph one of this Section and who have the right to enter
and reside in the Republic of Latvia if the relevant persons
demand the abovementioned services specifically from the relevant
service provider and they settle the payment thereof in full
amount.
(7) Children who have been recognised as asylum seekers with
special reception needs or less protected persons in the removal
procedure by the institutions involved in the relevant procedure
have the right to receive social rehabilitation of children who
have suffered from violence. Children who do not belong to the
groups listed in this Section also have the right to receive the
abovementioned service if the responsible institutions have
provided an opinion on the necessity of a social rehabilitation
service.
(8) The persons who have suffered from violence and reside in
the Republic of Latvia with a temporary residence permit, and
also the persons who are third-country nationals or stateless
persons who do not have legal basis to reside in the Republic of
Latvia and who are detained (until the time of their removal or
departure) to whom an alternative means of detention has been
applied, or foreigners for whom the return decision has been
suspended or for whom a time period for voluntary departure has
been determined have the right to receive social rehabilitation
for the State budget means as adult persons who have suffered
from violence. The persons who do not belong to the groups listed
in this Section also have the right to receive social
rehabilitation as adult persons who have suffered from violence
if the responsible institutions have provided an opinion on the
necessity of a social rehabilitation service.
[25 May 2006; 3 May 2007; 21 June 2007; 18 December 2008;
29 October 2009; 26 November 2015; 24 November 2020; 10 March
2022]
Section 4. Basic Principles for the
Provision of Social Services
(1) Social services shall be provided only on the basis of an
evaluation of the individual needs and resources of a person
carried out by a social work specialist.
(2) Social services shall be provided at the place of
residence of a client or as close thereto as possible, and only
if the scope of such services is not sufficient, social care and
social rehabilitation at a long-term care and social
rehabilitation institution is provided.
(3) In providing social services, the institutions shall
ensure inter-professional and inter-institutional
co-operation.
(4) Orphans and children left without parental care shall be
provided with care in a family-like environment - foster family,
with a guardian, and only if this is not possible care is
provided at a long-term social care and social rehabilitation
institution.
(5) During the stay of an orphan or a child left without
parental care at a long-term social care and social
rehabilitation institution, the local government social service
office and the Orphan's and Custody Court, in co-operation with
the employees of the institution, shall take measures to promote
the return of the child to the family, to maintain contact
between the child and parents or, if this is not possible, to
seek a possibility to ensure care for the child in another
family.
(6) The work of a long-term social care and social
rehabilitation institution shall be organised so as to
approximate the environment of the institution towards a familial
environment and to ensure the acquisition of independent life
skills for orphans and children left without parental care. To
ensure individual approach and the acquisition of independent
life skills according to the age, abilities, and skills of the
child, the institution may, from its financial resources, grant
resources to a specific employee involved in child care for the
purchase of child's food, clothing, and other goods and services
corresponding to his or her individual interests. The amount of
money to be granted, the procedures for the granting and use
thereof shall be determined by the Cabinet.
(7) A person with predictable disability has the right to
receive the social services specified in the Disability Law.
(8) The social services specified in this Law that are fully
or partially financed by the State or local governments shall be
ensured to victims of a disaster and persons involved in the
elimination of the consequences of a disaster on a priority basis
and according to the causes, type, and scale of the disaster.
[18 December 2008; 7 October 2010; 19 December 2019; 28
September 2023 / Amendments to Paragraph six regarding the
granting of financial resources to a specific employee involved
in child care for the purchase of child's food, clothing, and
other goods and services corresponding to his or her individual
interests shall come into force on 1 July 2024. See
Paragraph 62 of Transitional Provisions]
Section 5. Basic Principles for the
Provision of Social Assistance
(1) Social assistance shall be provided for a client on the
basis of an evaluation of his or her material resources - income
and property - individually providing for the participation of
each client, except for a crisis situation.
(2) When evaluating the material resources of a household,
income forming after payment of taxes shall be taken into
account.
(3) Recovery may not be brought against social assistance
benefits.
(4) A local government shall disburse the social assistance
benefits laid down in Section 35, Paragraphs one and two of this
Law from the funds of the local government budget.
[24 November 2020]
Section 6. Rights of a Client
A client has the right:
1) to obtain information free of charge from a social service
and social assistance provider regarding the possibilities of
receiving social services and social assistance and the
conditions and procedures for the receipt thereof;
2) to receive a consultation free of charge from a social work
specialist regarding the resolution of social problems;
3) to request and receive the social services or social
assistance referred to in this Law;
4) to receive a substantiated written refusal in case a
decision has been taken not to provide a social service or social
assistance to the client;
5) to participate in the decision-taking process related to
the receipt of a social service;
6) in accordance with the procedures laid down in law, to
appeal against a decision on the provision of social services or
social assistance;
7) to submit a complaint regarding the unsatisfactory quality
of the social services provided and the infringement of the
rights of the client.
[17 June 2004; 7 May 2009]
Section 7. Obligations of a
Client
A client has an obligation to:
1) take active participation in the solution of his or her
problem by carrying out the obligations of participation,
including participating in the social rehabilitation measures for
retaining, renewal, and acquisition of work and social
skills;
2) provide information regarding himself or herself,
co-operate with the social service office in the assessment of
his or her social situation and fulfil the recommendations of the
social service office in order to improve this situation;
3) make active effort to increase his or her earning ability
and income;
4) use the opportunities to receive social rehabilitation
services if the client or any of his or her family members has
addiction problems (addition to alcohol, drugs, gambling);
5) use the received social assistance for the intended
purposes;
6) allow a social work specialist to survey a place of
residence if the receipt of social services or social assistance
is connected with the assessment of the material resources of the
client or the survey at the place of residence is necessary, in
performing social work with the client.
[7 May 2009; 7 October 2010; 12 January 2017]
Section 8. General Principles of
Payment for Social Care and Social Rehabilitation Services
(1) A client or his or her provider has an obligation to pay
for the received social care and social rehabilitation services
if it is not specified otherwise in this Law.
(2) [3 May 2007]
(3) [3 May 2007]
(4) If a client or his or her provider is unable to pay for a
social care or social rehabilitation service, the costs of the
service shall be covered from the local government budget in
accordance with the procedures stipulated by the Cabinet.
(5) The Cabinet shall determine the procedures of the payment
for social care and social rehabilitation services.
(6) If a person requests long-term social care and social
rehabilitation institution services fully or partially covered by
the local government, the local government social service office
shall assess the solvency of the person on the basis of the
information on income and concluded maintenance contracts
provided by the person in compliance with the provisions laid
down in Section 5, Paragraph two of this Law. If also the
providers of the person have an obligation to pay for the
service, they shall provide information regarding income to the
local government social service office that decides on granting
the service.
(7) A person who receives long-term social care and social
rehabilitation institution services fully or partially covered by
the local government and who has income has a duty to submit the
information on his or her income in the case of changes thereof
in conformity with that laid down in Section 5, Paragraph two of
this Law to the institution which takes the decision to grant the
service not less than once a year.
(8) The providers of the person who have the duty to pay for
the service shall submit the information on their income in
conformity with that laid down in Section 5, Paragraph two of
this Law to the institution which takes the decision on payments
to be made by the providers of the person not less than once
year.
[25 November 2004; 25 May 2006; 3 May 2007; 12 January
2017; 19 December 2019; 11 March 2021]
Chapter
II
Organisation of Social Services and Social Assistance
Section 9. Obligations of Local
Governments in the Provision of Social Services and Social
Assistance
(1) The local government in the territory of which a person
has his or her declared place of residence has an obligation to
provide the person with a possibility to receive social services
and social assistance corresponding to his or her needs.
(2) If a local government has received information from
natural persons or institutions regarding a person who might
require a social care or social rehabilitation service or social
assistance, the local government has an obligation, in accordance
with the procedures specified in the law On Social Security, to
verify the received information, to evaluate the needs of the
person for social services and social assistance, and to inform
this person or his or her lawful representative of the rights and
possibilities of receiving social services and social assistance,
and also the procedures by which social services or social
assistance may be received.
(3) If a person requires social services in a night shelter or
a crisis centre, he or she shall turn directly to the service
provider who takes a decision on the provision of a service. If
necessary, the local government, in the territory in which a
person without a home is located, shall ensure the person with
night shelter or shelter, information and consultations, and also
single material assistance.
(31) If due to objective circumstances a person
does not have a declared place of residence, the local government
in the administrative territory of which the person has selected
a place of residence shall evaluate the material situation of the
person and, where necessary, grant a single material assistance,
and also inform the local government in which the person had the
last declared place of residence thereof. The local government in
the administrative territory of which the person has had the last
declared place of residence or the local government in the
administrative territory of which the person has selected a place
of residence, if it is not possible to detect the last declared
place of residence of the person, shall assess the possibility to
provide psychosocial assistance or social services, or grant
corresponding social assistance benefits to the person or the
status of needy or low-income household.
(4) Local governments which have not established the necessary
social service providers shall enter into agreements with other
social service providers or with other local governments for the
provision of the abovementioned social services and payment.
These social services shall be fully or partially financed from
the local government budget.
(5) If a person wishes to receive a social service which is
financed from the State budget, the local government has an
obligation to ensure a survey of the living conditions and an
evaluation of the needs of the person to be carried out by a
social work specialist. If a person wishes to receive State
financed technical aids, a survey of living conditions shall not
be performed.
(6) A local government has an obligation to ensure the
improvement of vocational competence - training and supervision -
for the social work specialists of the local government social
service office and other social service providers established by
the local government.
(7) A local government shall ensure the necessary social care
services at the place of residence for persons with mental
impairments for whom after the acquisition of independent life
skills within the scope of a social rehabilitation programme the
provision of services in long-term social care and social
rehabilitation institutions is not necessary and for whom the
provision of services has been discontinued in accordance with
the procedures laid down in Section 28, Paragraphs three and
3.1 of this Law.
[25 May 2006; 3 May 2007; 20 December 2007; 7 May 2009; 12
January 2017; 24 November 2020; 10 March 2022; 9 May
2024]
Section 9.1 Services of
Long-term Social Care and Social Rehabilitation Institutions,
which are Financed by the State
(1) Taking into account the provisions of Section
13.1 of this Law, the services of long-term social
care and social rehabilitation institutions shall be financed
from the State budget to:
1) adults with mental impairments who have been placed in such
institutions until 1 January 2003;
2) blind adults and persons with severe and extremely severe
mental impairments for whom it is necessary to receive a service
in a long-term social care and social rehabilitation institution
due to the level of severity of functional disorders and the care
level;
3) children with severe and extremely severe mental
impairments or children with severe and extremely severe physical
impairments, and also children with combined severe and extremely
severe mental and physical impairments in the age of up to four
years to whom care in the family, by a guardian or in a foster
family cannot be provided due to the functional disorders;
4) children with severe and extremely severe mental
impairments at the age from four years up to 18 years to whom it
is not possible to ensure care in the family, by a guardian or in
a foster family due to the level of severity of functional
disorders;
5) orphans at the age up to two years - for a time period
until care by a guardian or in a foster family is commenced, but
overall not more than six months, excluding the adoption process
of the child from this period, if it has been commenced within
the first six months since the placement of the child in the
long-term social care and social rehabilitation institution;
6) children left without parental care at the age up to two
years - for a time period until a child returns in the family or
until his or her care is commenced by a guardian or in a foster
family, but overall not more than six months, excluding the
adoption process of the child from this period, if it has been
commenced within the first six months since the placement of the
child in the long-term social care and social rehabilitation
institution.
(2) The Cabinet shall determine the following:
1) the number and qualification of the personnel involved in
the provision of a service of the long-term social care and
social rehabilitation institution;
2) the procedures for financing the services appropriate to
the level of care of a client.
(3) The State immovable properties in the possession of the
Ministry of Welfare which are necessary for ensuring the
State-financed services of long-term social care and social
rehabilitation institutions referred to in this Section shall be
managed by valsts sabiedrība ar ierobežotu atbildību
"Šampētera nams" [the State limited liability company
"Šampētera nams"]. If necessary, the State limited liability
company "Šampētera nams" shall also select other service
providers in accordance with the procedures laid down in the laws
and regulations governing public procurements. When implementing
the tasks, the State limited liability company "Šampētera nams"
shall be under functional supervision of the Ministry of Welfare
and ensure the rational use and control of the granted State
budget resources.
[12 January 2017; 19 December 2019; 10 March 2022]
Section 10. Local Government Social
Service Office
(1) In order to ensure the professional assessment of the
needs of inhabitants and the qualitative provision of social
services and social assistance, each local government shall have
at least one social work specialist per every thousand
inhabitants.
(2) In order to ensure the provision of social services and
social assistance and the administration of services, each local
government shall establish a local government institution - a
social service office.
(3) [18 December 2008]
(4) [17 June 2004]
[17 June 2004; 25 May 2006; 18 December 2008; 29 October
2009]
Section 11. Tasks of Local
Government Social Service Offices
A local government social service office shall have the
following tasks:
1) to perform social work with persons, families, and groups
of persons;
2) to provide social services or to organise the provision
thereof to families with children in which there are
circumstances unfavourable to the development of the child,
foster families, guardians, persons who are taking care of a
family member, persons with disabilities, persons of retirement
age, persons with mental impairments, and other groups of persons
for whom it is necessary;
3) to assess the needs, material and personal (motivation,
necessary knowledge and skills, education, occupation, etc.)
resources of clients and the social assistance system;
4) to determine the participation obligations of a client upon
reaching an agreement with him or her regarding the measures to
be performed;
5) to provide social assistance;
6) to administer local government budget resources which have
been earmarked for the provision of social services and social
assistance;
7) to assess the quality of the social services and social
assistance administered by the social service office and financed
by the local government;
8) to perform the research of the social environment, to
determine problems and also to participate in the elaboration of
development planning documents of the local government, local
government planning documents and management documents of the
institution in the field of competence of the social service
office;
9) to inform inhabitants of social services and social
assistance.
[7 May 2009; 29 October 2009; 12 January 2017; 10 March
2022]
Section 12. Obligations and Rights
of Local Government Social Service Offices
(1) A local government social service office has the following
obligations:
1) to provide persons with the information regarding the right
to receive social services and social assistance and the
procedures for the provision thereof;
2) to inform in writing the person who has requested a social
service or social assistance of the decision taken and, in case
of refusal, to specify the reasons for refusal, and also the
deadline and procedures for appealing the decision;
3) to provide a person with psychosocial or material or
psychosocial and material assistance in order to enable the
overcoming of a crisis situation and promote the integration of
the person into society.
(2) The local government social service office has an
obligation to provide information and consultations in a manner
comprehensible to the person.
(21) If the local government social service office
has a reason to believe that a child has suffered as a result of
violence, abuse of rights of a parent, guardian or foster family,
the lack of proper care and the lack of supervision or another
infringement of children's rights, it shall, immediately but not
later than on the following working day, notify the Orphan's and
Custody Court and State Police thereof.
(22) If the local government social service office
has a reason to believe that sufficient health care is not
ensured due to improper care, it shall, immediately but not later
than within three working days, notify the family physician of
the child or another health care practitioner respectively.
(23) While a child left without parental care is in
a long-term social care and social rehabilitation institution,
the social service office shall provide the information to the
Orphan's and Custody Court and the long-term social care and
social rehabilitation institution regarding the performed social
work in order to promote the return of the child in the family
not less than once every three months regarding a child younger
than three years of age and not less than once every six months
regarding a child older than three years of age, but is younger
than 18 years of age. The Information System for the Support of
Minors shall be used for the provision and receipt of
information.
(24) If custody rights have been revoked for a
parent, the social service office shall provide an opinion on the
possibilities of a child to return in custody of the parent if it
is requested by the Orphan's and Custody Court.
(3) A local government social service office has the right to
request and receive free of charge from State and local
government institutions and other State administration
institutions, private individuals, including medical treatment
institutions, information that is necessary for the provision of
social services and social assistance and for resolving other
matters within the competence of the social service office,
including information regarding the nature and level of
functional disorders of a person, income thereof and property
owned by the person, guardianship and custody matters, exercising
the rights of custody over a child, legal and financial
state.
(4) The local government social service office has the right
to involve those clients with capacity for work who receive
social assistance for at least three months in the period of the
last 12 months, except for the persons referred to in Section 36,
Paragraph two, Clauses 1, 2, 3, and 4 of this Law:
1) in measures for the retaining, renewal, and acquisition of
labour and social skills (up to 15 hours per week by dividing
them for several days of week) which provide benefit to the
society and do not substitute performers of local government
functions. The abovementioned measures shall be implemented at
local governments, associations, or foundations without a purpose
to gain profit. The local government social service office shall
enter into an agreement with a client with capacity for work,
providing for the place and time of measures, the rights,
obligations, and liabilities of both parties in the
agreement;
2) in works in the territory of a local government, entering
into an agreement for an indefinite period of time with a client
with capacity for work.
(5) The local government social service office has the right
to involve a client in such measures that do not exclude the
possibility of caring for a child with disabilities or pre-school
age child, or other dependant, if there are no other
possibilities to ensure care, to participate in rehabilitation
measures or measures organised by the State Employment Agency, to
enter into employment relationship or to gain income from
work.
(51) The local government social service office has
the right to revoke the decision to disburse the basic social
assistance benefits fully or partly if a person of working age
refuses to fulfil the duties of a client without any justified
reason, except for the case when the person is taking care for a
child.
(6) After a child in out-of-family care attains the age of 16
years, the local government social service office shall be
obliged to, in cooperation with the out-of-family care support
centre or long-term social care and social rehabilitation
institution, evaluate the future needs and resources of the child
at least once a year and, after commencement of an independent
life, to provide him or her with necessary support measures, and
also to assess changes in his or her social situation for at
least two years after commencement of an independent life.
(7) If a person who was in out-of-family care until attaining
the legal age has expressed such a wish and the guardian, foster
family, or specialised foster family has agreed thereto, then
this person, on the basis of the evaluation conducted by the
local government social service office or another local
government institution whose competence includes work with
persons in out-of-family care, can stay with the same or another
provider of out-of-family care service until the age of 21 years
or, in case of attending a general secondary or vocational
education institution or higher education institution, including
college, until the age of 24 years. The Cabinet shall determine
the types, amount, and content of the support to be provided, and
also the conditions and procedures for the receipt, granting,
suspension, and termination of such services. The local
government is entitled to determine additional support for the
person in its binding regulations.
(8) Within one month after receipt of information about an
adult person who, until the establishment of adoption, has been
in out-of-family care and in respect of whom the court has
revoked the adoption until attaining the age of 21 years or, in
case of attending a general secondary or vocational education
institution or higher education institution, including college,
until the age of 24 years, the local government social service
office or another local government institution whose competence
includes work with persons in out-of-family care shall be obliged
to evaluate the needs and resources of this person and support
measures necessary for him or her. The Cabinet shall determine
the types, amount, and content of the support to be provided, and
also the conditions and procedures for the receipt, granting,
suspension, and termination of such services. The local
government is entitled to determine additional support for the
person in its binding regulations.
[17 June 2004; 7 May 2009; 15 December 2011; 14 November
2013; 12 January 2017; 19 December 2019; 24 November 2020; 11
March 2021; 10 March 2022; 8 March 2023; 9 May 2024]
Section 13. Obligations of the State
in the Provision of Social Services and Social Assistance
(1) The State shall ensure the following according to the
funds granted in the annual State budget law:
1) the determination of vocational suitability of persons with
functional disorders, persons with disabilities or persons with a
predictable disability and vocational rehabilitation;
2) the social rehabilitation of persons with vision and
hearing disability;
3) [14 November 2013];
31) social rehabilitation services for adult
persons who have suffered from violence. The type, amount, and
content of social rehabilitation services, the conditions for the
receipt and granting of services shall be determined by the
Cabinet;
4) the social rehabilitation for adult persons and children
who have become addicted to narcotic, toxic or other intoxicating
substances or to processes causing addiction. The Cabinet shall
determine the types, amount, and content of social rehabilitation
services, and also the conditions and procedures for the receipt,
granting, discontinuation, and termination of such services;
5) technical aids services for the persons referred to in
Section 25, Paragraph one of this Law;
6) for persons with functional disorders of a working age, and
also for persons with functional disorders who are employed (are
to be considered as employees or self-employed persons in
accordance with the law On State Social Insurance), social
rehabilitation services for restoration of capacity for work at
social rehabilitation institutions. The Cabinet shall approve the
list of functional disorders;
7) the social rehabilitation of victims of the trafficking in
human beings. The Cabinet shall determine the procedures for the
receipt of social rehabilitation and the criteria for the
recognition of a person as a victim of the trafficking in human
beings;
8) support programme for children with coeliac disease,
continuing the provision of support to these persons after
attaining legal age if these persons study at general secondary
or vocational secondary education institution and who are not
older than 20 years or who study at a of higher education
institution (full-time studies) and are not older than 24 years.
The amount of support and the conditions for the receipt thereof
shall be determined by the Cabinet;
9) support for the implementation and development of
professional social work in local governments. The type and
amount of support and the conditions for the receipt thereof
shall be determined by the Cabinet;
10) [18 December 2008];
11) social rehabilitation services for persons who have
committed violence. The type, amount, and content of social
rehabilitation services, the conditions for the receipt and
granting of services shall be determined by the Cabinet;
12) psychosocial rehabilitation for persons with an
oncological disease and their relatives, and also for children in
palliative care (where necessary, continuing the provision of the
service until 24 years of age) and their family members. The
type, amount, and content of the service, the conditions and
procedures for the receipt, granting, financing, discontinuation,
and termination thereof shall be determined by the Cabinet;
121) the palliative care service provided by the
mobile team to adult persons at the place of residence of the
patient, including social care, technical aids, and psychosocial
rehabilitation, and also psychosocial rehabilitation for persons
who have lived in the same household as these persons or persons
living in the same household and persons having relationships of
kinship or affinity, or other persons involved in care. The
amount and content of the services, and the procedures for the
organisation, receipt, and financing thereof shall be determined
by the Cabinet;
13) the aid to local governments that ensure social services
at a place of residence to persons referred to in Section
9.1, Paragraph one, Clauses 1, 2, 3, and 4 of this Law
who do not receive long-term social care and social
rehabilitation institution services financed by the State or
local government. The Cabinet shall determine the amount of the
State aid, the criteria for the determination thereof, and the
procedures for granting the State aid;
14) the supported decision-making service for adult persons
with mental impairments to whom a disability has been determined.
The areas of service, levels and amount of support intensity, and
also the conditions and procedures for the granting, receipt,
financing, suspension, and termination of the service shall be
determined by the Cabinet;
15) the aid to local governments that ensure services and
support to the persons that were in out-of-family care referred
to in Section 12, Paragraph seven of this Law and to the persons
referred to in Paragraph eight. The Cabinet shall determine the
amount of the State aid, the criteria for the determination
thereof, and the procedures for granting the State aid.
(11) [24 November 2020]
(12) The State ensures social rehabilitation of
children who have suffered from violence. Up until finding out
the age of a person, social rehabilitation is ensured also to
those persons who have suffered from violence and whose minority
is doubted.
(2) The State may create social care and social rehabilitation
institutions or enter into agreements with other social service
providers in order to fulfil the State obligations provided for
in Paragraph one, Clauses 1, 4, 6, 7, 8, and 9 of this
Section.
(21) The fulfilment of the obligations of the State
laid down in Paragraph one of this Section, namely the provision
of the services laid down in Clause 2 thereof, shall be ensured
by the Latvian Society of the Blind and the Latvian Association
of the Deaf; the social rehabilitation services laid down in
Clause 4 thereof for children who have become addicted to
narcotic, toxic or other intoxicating substances or to the
processes causing addiction, and also the provision of such
services at the place of residence shall be ensured by
sabiedrība ar ierobežotu atbildību "Bērnu un pusaudžu resursu
centrs" [limited liability company Children and Adolescent
Resource Centre]; the provision of technical aids services laid
down in Clause 5 thereof, namely typhlotechnology and
surdotechnology, shall be ensured by the Latvian Society of the
Blind and the Latvian Association of the Deaf; the psychosocial
rehabilitation laid down in Clause 12 thereof for the persons
with an oncological disease shall be ensured by the association
Tree of Life; the psychosocial rehabilitation laid down in Clause
12 thereof for the children in palliative care shall be ensured
by the Children's Palliative Care Society; the supported
decision-making service specified in Clause 14 thereof shall be
provided by the Resource Centre for People with Mental
Disabilities "ZELDA". The services specified in Paragraph
1.2 of this Section shall be ensured by the Latvian
Children's Fund by arranging the provision of social
rehabilitation services and by providing them at such foundations
one of the founders of which is the Latvian Children's Fund. If
necessary, the Latvian Society of the Blind, the Latvian
Association of the Deaf, the Resource Centre for People with
Mental Disabilities "ZELDA", the limited liability company
Children and Adolescent Resource Centre, and the Children's
Foundation of Latvia, and also the association Tree of Life and
the Children's Palliative Care Society shall also select other
service providers in accordance with the procedures laid down in
the laws and regulations governing public procurements.
(22) The fulfilment of the State obligations
provided for in Paragraph one of this Section - provision of the
technical aids services specified in Paragraph one, Clause 5
thereof - shall be ensured by valsts sabiedrība ar ierobežotu
atbildību "Nacionālais rehabilitācijas centrs "Vaivari""
[State limited liability company National Rehabilitation Centre
"Vaivari"], if necessary, involving capital companies in which
they are members (shareholders). If necessary, the State limited
liability company National Rehabilitation Centre "Vaivari" shall
also select other service providers in accordance with the
procedures laid down in the laws and regulations governing public
procurements.
(23) When implementing the fulfilment of the
obligations provided for in Paragraphs 2.1 and
2.2 of this Section, the Latvian Society of the Blind,
the Latvian Association of the Deaf, the limited liability
company Children and Adolescent Resource Centre, the Resource
Centre for People with Mental Disabilities "ZELDA", the
Children's Foundation of Latvia, the association Tree of Life and
the Children's Palliative Care Society, and the State limited
liability company National Rehabilitation Centre "Vaivari" shall
be under functional supervision of the Ministry of Welfare, shall
ensure rational use and control of the funds granted from the
State budget using not more than 10 per cent of the funds granted
from the State budget for administrative costs related to the
provision of these services. The organisations referred to for
the provision of the fulfilment of these obligations are entitled
to issue administrative statements.
(24) The Cabinet shall determine the conditions and
procedures for the fulfilment of the obligations provided for in
Paragraphs 2.1 and 2.2 of this Section.
(25) The services referred to in Paragraph one,
Clause 12.1 of this Section shall be provided in
accordance with the procedures for the selection of service
providers as laid down in laws and regulations regarding the
procedures for the organisation of and payment for health care
services for the provision of the palliative care services
provided at the place of residence of the patient by mobile teams
selected by the National Health Service that, if necessary, shall
involve other social service providers. The Ministry of Welfare
shall enter into a contract with the National Health Service and
the service provider for the financing of the services specified
in Paragraph one, Clause 12.1 of this Section.
(3) The State shall participate in the financing of day
centres intended for persons with mental impairments and, in
conformity with the appropriations granted in the annual State
budget law, support and finance other programmes for the
development of new types of social services in local
governments.
(4) The costs of establishment and maintenance for the day
centres referred to in Paragraph three of this Section shall be
financed from the State budget: in the year of establishment of
the centres - 80 per cent, in the first year of operation - 60
per cent, in the second year - 40 per cent, in the third year -
20 per cent. The criteria for the specification of the costs of
establishment and maintenance for the day centres, and also the
procedures for the granting of State co-financing and for
co-financing shall be determined by the Cabinet. In subsequent
years these expenses shall be covered in the amount of 100 per
cent from the budgets of local governments.
(5) The State shall participate in the financing for the
establishment and equipping of group houses (apartments) and
half-way houses intended for the persons with mental impairments
in the year of the establishment thereof in the amount of 50 per
cent in conformity with the appropriations granted in the annual
State budget law. The criteria for the specification of the costs
of establishment and equipping of group houses (apartments) and
half-way houses, and also the procedures for the granting of
State co-financing and for co-financing shall be determined by
the Cabinet.
(6) The State shall participate in the financing of
expenditures associated with the maintenance of group houses
(apartments) in the amount of 50 per cent of the per person costs
provided for long-term social care and social rehabilitation
institution's maintenance for those persons with mental
impairments who return from long-term social care and social
rehabilitation institutions. The Cabinet shall determine the
volume of co-financing and the procedures for the granting
thereof. Expenditure which is connected with the residence in
group houses (apartments) established on the basis of long-term
social care and social rehabilitation institutions within the
scope of the national programme of the European Regional
Development Fund shall be covered by the State in full
amount.
(7) The State shall participate in the financing of expenses
related to ensuring improving the professional competence of
social work specialists at local governments in the amount of 50
per cent in conformity with the appropriations granted in the
annual State budget law. The requirements for the providers of
professional competence improvement services and conditions for
ensuring the improvement of professional competence, criteria for
determining the expenses for the improvement of professional
competence and granting the State co-financing, and also the
procedures for co-financing shall be determined by the
Cabinet.
(8) In order to partly compensate the expenditures of local
governments for ensuring the basic social assistance benefits
specified in Section 35, Paragraph one of this Law, the State
shall ensure an earmarked grant to local governments for covering
the expenses in the amount of 30 per cent of the guaranteed
minimum income benefit and the housing allowance disbursed to
households.
(9) In order to receive an earmarked grant, the local
government shall, by the tenth date of the month following the
reporting month, submit a report to the Ministry of Welfare on
the actual disbursements of the guaranteed minimum income benefit
and the housing allowance (hereinafter - the report), including
the following information therein:
1) the financing disbursed by the local government for the
guaranteed minimum income benefit;
2) the number of such persons and households to whom and which
the guaranteed minimum income benefit has been disbursed;
3) the financing disbursed by the local government for the
housing allowance;
4) the number of such persons and households to whom and which
the housing allowance has been disbursed;
5) the account of the local government with the Treasury or a
credit institution for the receipt of an earmarked grant and for
making expenses.
(10) The Ministry of Welfare:
1) within 10 working days, shall assess the report and, within
five working days, shall make the payment of the earmarked grant
to the local government;
2) is entitled to conduct a random control of the use of the
earmarked grant for the guaranteed minimum income benefit and the
housing allowance, requesting additional information from the
local government;
3) if mistakes in the report or violations in the application
of the conditions laid down in the laws and regulations regarding
granting and disbursement of the guaranteed minimum income
benefit and the housing allowance are detected, shall discontinue
the disbursement of the housing allowance until clarification of
the report or elimination of the violations;
4) after clarification of the report or elimination of the
violations, shall perform recalculation and make a payment for
the previous period or deduct the unjustly disbursed funds from
the funds provided for the local government in the following
month.
(11) The State shall provide co-financing to ensure home care
for children with a disability for whom has an opinion by the
State Medical Commission for the Assessment of Health Condition
and Working Ability regarding need for special care has been
issued. The State shall continue to provide co-financing for the
provision of the abovementioned service for a child also after he
or she attains the legal age, until the person attains the age of
24 years. The Cabinet shall determine the amount of co-financing
and the procedures for the granting thereof.
[17 June 2004; 25 May 2006; 21 June 2007; 20 December 2007;
18 September 2008; 18 December 2008; 7 May 2009; 29 October 2009;
21 January 2010; 7 October 2010; 6 December 2012; 14 November
2013; 17 December 2014; 10 November 2016; 12 January 2017; 19
December 2019; 24 November 2020; 4 August 2021; 10 March 2022; 8
March 2023; 28 September 2023; 7 December 2023; 29 February 2024
/ Paragraph seven shall come into force on 1 July
2028. See Paragraph 29 of Transitional Provisions]
Section 13.1 Payment for
State financed Social Services
(1) The services referred to in Section 13, Paragraph one,
Clauses 1, 2, 3.1, 4, 6, 7, 8, 11, 12,
12.1, and 14, and Paragraph 1.2, and also
Section 9.1, Clauses 3, 4, and 5 of this Law shall be
paid from State budget funds.
(2) The services specified in Section 13, Paragraph one,
Clause 5 of this Law shall be financed from the State budget, the
recipient of the service making a once-only payment or making a
co-payment according to the procedures and in the amount
stipulated by the Cabinet.
(3) The services specified in Section 9.1,
Paragraph one, Clauses 1 and 2 of this Law for a person to whom,
in accordance with the laws and regulations of the Republic of
Latvia, a State pension (including a supplement to the pension)
or a service pension, or a special State pension, or a
compensation for the loss of capacity to work, or a compensation
for harm, a survivor's compensation due to an accident at work or
occupational disease have not been granted or who has not
concluded a life-long pension insurance contract for the receipt
of the accrued funded pension capital, or a benefit for the
spouse of the deceased recipient of a pension, or to whom a
pension has not been granted in accordance with foreign laws and
regulations (hereinafter together - the pension or compensation)
are paid from State budget funds. A person who is a recipient of
a pension or compensation shall cover 85 per cent of the received
service from the amount to be disbursed, but not more than the
amount of the costs of the received service at the relevant
institution.
(4) The services specified in Section 9.1,
Paragraph one, Clause 6 of this Law shall be financed from the
State budget. Parents have an obligation to pay for such services
in accordance with the Law on the Protection of the Children's
Rights.
[3 May 2007; 20 December 2007; 18 September 2008; 7 May
2009; 29 October 2009; 14 November 2013; 12 January 2017; 19
December 2019; 28 September 2023 / Amendment regarding the
supplementation of Paragraph one after number "12" with numbers
and word "12.1 and 14" shall come into force on 1
November 2023. See Paragraph 58 of Transitional
Provisions]
Section 14. Tasks of the Ministry of
Welfare
(1) The Ministry of Welfare shall have the following tasks in
the field of social services and social assistance:
1) to develop a State policy in the field of social services
and social assistance, and also to organise and co-ordinate the
implementation thereof;
2) to organise the administration of funds granted from the
State budget for the provision of the social services referred to
in Sections 9.1 and 13 of this Law;
3) [8 July 2011];
4) to supervise the implementation of this Law, to control the
conformity with the laws and regulations governing the provision
of social services and the conformity of the quality of social
services and the provider of social services with the
requirements of laws and regulations, and to administratively
punish the providers of social services for the committed
offences;
41) to develop the criteria for the assessment of
the quality and efficiency of social services;
42) to develop guidelines for granting social
assistance;
5) to establish and maintain the State social policy
monitoring information system which is the State information
system in order to perform the tasks specified in Paragraph one,
Clauses 1, 2, and 4 of this Section.
(2) For the needs of the State social policy monitoring
information system, the Ministry of Welfare has the right to
receive from the State and local government institutions and to
process personal data of such persons who have requested social
assistance, social care, social or professional rehabilitation
services, technical aids or services to ensure an independent
life, and also data on services and social assistance requested
by these persons and granted to them.
(3) The structure of the State social policy monitoring
information system provided for in Paragraph one, Clause 5 of
this Section, and also data volume to be included therein, data
processing provisions and procedures, and also collaboration
rules of institutions shall be determined by the Cabinet.
(4) The Ministry of Welfare is entitled not to inform the data
subject of processing of personal data in the State social policy
monitoring information system, unless the data subject requests
it specifically and processing of personal data is necessary in
relation to:
1) the provision of services of long-term social care and
social rehabilitation services financed by the State;
2) the administration of the service of an assistant financed
by the State at local governments;
3) the collection of statistical information specified by the
State;
4) the inspections of social service providers.
[7 May 2009; 8 July 2011; 14 November 2013; 12 January 2017
/ Clauses 4.1 and 4.2 of Paragraph
one shall come into force on 1 December 2017. See
Paragraph 26 of Transitional Provisions]
Section 15. State Social Services
Agency
[7 May 2009]
Section 15.1 Social
Integration State Agency
(1) The Social Integration State Agency (hereinafter - the
Agency) is a State administration institution supervised by the
Ministry of Welfare which:
1) provides social rehabilitation services (if necessary, also
health care services) to persons, including soldiers of the
National Armed Forces and national guardsmen who have returned
from international operations or from the participation in
maritime components of the North Atlantic Treaty Organisation or
European Rapid Reaction Force if a soldier has fulfilled his or
her service duties on board the ship at sea for at least three
months, spouses and children of such soldiers and national
guardsmen who have not reached 18 years of age or have not
graduated a secondary educational institution, and also actual
partners of soldiers and national guardsmen with whom the soldier
or national guardsman has children or household in common,
officials with special service ranks of the institutions of the
system of the Ministry of the Interior and the civil experts laid
down in the laws and regulations regarding international
assistance;
2) provides vocational rehabilitation services and determines
vocational suitability for persons of working age with
disability, mental impairments or with a predictable disability,
and also within the scope of vocational rehabilitation services
provides training of vehicle driving for persons without any
medical contraindications for such training;
3) co-ordinates the provision of the State financed social
rehabilitation, professional rehabilitation and long-term social
care and social rehabilitation services;
4) implements vocational basic education, vocational secondary
education, first level higher vocational education (college
education), continuing vocational education and professional
development programmes, preparing specialists in the professions
which are necessary for the performance of social security
measures for persons with disabilities;
5) [8 July 2011];
6) provides technical aids service financed from State budget
- provides the adjustment of a vehicle.
(11) The social rehabilitation services laid down
in this Law shall be provided to the persons referred to in
Paragraph one, Clause 1 of this Section (if necessary, also
health care services) in conformity with the funds allocated for
this purpose in the annual State budget law. The Cabinet shall
determine the procedures by which soldiers and national guardsmen
who have returned from international operations or from the
participation in maritime components of the North Atlantic Treaty
Organisation or European Rapid Reaction Force if a soldier has
fulfilled his or her service duties on board the ship at sea for
at least three months, spouses and children of such soldiers and
national guardsmen who have not reached 18 years of age or have
not graduated a secondary educational institution, and also
actual partners of soldiers and national guardsmen with whom the
soldier or national guardsman has children or household in
common, receive social rehabilitation services and the procedures
for financing such services.
(12) By 31 December 2029, the Agency shall, within
the scope of the European Union policy instruments:
1) determine vocational suitability for the unemployed persons
with disability or predictable disability who have received a
referral of the State Employment Agency for the determination of
vocational suitability;
2) provide vocational rehabilitation services to persons with
mental impairments to whom disability or predictable disability
has not been determined.
(2) The operation of the Agency shall be governed by the
by-laws in which the requirements of the laws and regulations
governing the activities of colleges in relation to the by-laws
of the college are also included.
(3) The work remuneration of teachers of the Agency shall be
specified in the laws and regulations regarding the work
remuneration of teachers.
(4) For the purpose of ensuring the accounting of persons who
receive State-funded social rehabilitation services required to
facilitate timely and qualitative granting of such services, and
also to generate statistics in order to plan, develop, and
evaluate the State policy in the field of social rehabilitation
and to ensure the fulfilment of other functions of the Agency,
the Agency shall create and maintain the social rehabilitation
information system which is a State information system. The
Agency shall be the administrator of the social rehabilitation
information system. The social rehabilitation information system
shall include data on the persons who have requested and received
the social rehabilitation services referred to in Section 13,
Paragraph one, Clauses 4, 6, and 7 of this Law, including
personal data, and also data regarding the received services and
their providers.
(5) The Agency and the Ministry of Welfare have the right to
process the information included in the social rehabilitation
information system in relation to social rehabilitation for the
fulfilment of the functions and tasks specified in the laws and
regulations governing their operation.
(6) The structure of the social rehabilitation information
system referred to in Paragraph four of this Section, the data to
be included therein, their volume, the data processing provisions
and procedures, and also rules for the collaboration between
institutions shall be determined by the Cabinet.
[20 December 2007; 7 May 2009; 29 October 2009; 7 October
2010; 8 July 2011; 10 November 2016; 12 January 2017; 19 December
2019; 20 January 2022; 10 March 2022; 28 September 2023]
Section 16. Social Services Quality
Control Inspection
[17 June 2004]
Section 17. Social Service
Provider
(1) The social services specified in this Law may be provided
only by such social service provider whose principal activity or
the principal activity of the relevant structural unit is related
to the provision of these services and that has been registered
in the register of social service providers in order to provide
the relevant service not later than three months following
commencement of the provision of the service.
(11) If a social service provider which is
providing such service, including also accommodation of a client
(social service with accommodation), has been excluded from the
register of social service providers due to non-conformity with
the requirements of laws and regulations, then such service
provider shall continue the provision of the service for not
longer than six months from the day when the decision to exclude
from the register has been notified thereto, if the service
provided does not endanger the safety or health of the
client.
(2) The Cabinet shall determine the criteria for the
registration of social service providers in the register of
social service providers, information to be included in the
register and registration procedures, and also requirements for
the social service providers.
(3) The head of an institution which provides social services
shall be a person with a second level vocational higher or
academic education.
(4) A social service provider has the right to request and
receive free of charge from State and local government
institutions and other State administration institutions, private
individuals, including medical treatment institutions,
information that is necessary for the provision of social
services, including the information regarding the nature and
level of functional disorders of a person, income thereof and
property owned by the person, guardianship and custody matters,
exercising the rights of custody over a child, legal and
financial state, if such information is necessary in order to
take or to enforce the decision to provide a social service and
it is not possible to obtain such information from State and
local government databases.
(5) A social service provider has an obligation to provide
information to the Ministry of Welfare and reports specified in
laws and regulations regarding its activity in the field of the
provision of social services.
[17 June 2004; 21 June 2007; 20 December 2007; 7 May 2009;
12 January 2017; 19 December 2019]
Section 17.1 Contesting
and Appeal of Administrative Statements and Actual Actions
(1) The administrative statements issued or actual actions of
institutions of direct administration, State capital companies or
the persons specified in Section 13, Paragraphs 2.1
and 2.2 of this Law as social service providers may be
contested in the Ministry of Welfare, but the decisions thereof
may be appealed in a court, unless it is otherwise laid down in
the law or Cabinet regulations.
(2) The administrative statements issued or actual actions of
local governments and institutions thereof as providers of social
services or social assistance may be contested in accordance with
the law On Local Governments.
(3) The administrative statements issued or actual actions of
officials of the Ministry of Welfare may be contested by turning
to the State Secretary of the Ministry of Welfare, but the
decisions thereof may be appealed in a court.
(4) The contesting or appeal of a decision of the Ministry of
Welfare to remove a social service provider from the register of
social service providers, a decision of the Ministry of Welfare
or a social service provider to suspend or terminate the
provision of social services, and also a decision of the local
government to suspend or terminate the provision of social
services shall not suspend the operation of the relevant
decision, except for the case where this operation is suspended
by a decision of the institution in which the decision is being
contested.
[7 May 2009; 12 January 2017]
Chapter
III
Purpose and Types of the Provision of Social Services and Rights
Thereto
Section 18. Purpose of the Provision
of Social Care Services
The purpose of the provision of social care services is to
ensure that the quality of life does not deteriorate for a person
who, due to old age or functional disorders, cannot ensure such
through his or her own effort.
Section 19. Purpose of the Provision
of Social Rehabilitation Services
The purpose of the provision of social rehabilitation services
is to prevent or reduce the negative social consequences in the
life of a person caused by a disability, incapacity for
employment, the serving of a sentence of deprivation of liberty,
addiction or violence, and other factors.
Section 20. Rights of a Person to
Social Care
(1) Orphans and children left without parental care have the
right to a social care service corresponding to their needs.
(2) Persons who have objective difficulties in taking care of
themselves due to functional disorders have the right to a social
care service corresponding to the level of the necessary care,
except for the persons receiving palliative care who are referred
to in Section 13, Paragraph one, Clause 12.1 of this
Law and who have the right to the social care service
corresponding to their needs.
(3) The following care levels are distinguished:
1) the first care level - physical or mental abilities of a
person are moderately restricted. A person is capable of and
knows how to carry out self-care according to his or her needs
and state of health; minimum personnel support is required for a
definite number of hours per week. The provider of a social care
service shall ensure a client supervision determined by a medical
practitioner;
2) the second care level - physical or mental abilities of a
person are moderately or severely restricted. A person is capable
of and knows how to carry out self-care according his or her
needs and state of health, but deterioration of these skills or
abilities is possible; slight support of the personnel is
required on a daily basis. The provider of a social care service
shall ensure a client supervision determined by a medical
practitioner and shall observe changes in functional
disorders;
3) the third care level - physical or mental abilities of a
person are severely restricted. The ability of a person to carry
out certain self-care activities is hindered; regular support of
the personnel is required on a daily basis. The provider of a
social care service shall ensure a client supervision determined
by a medical practitioner and shall observe changes in functional
disorders;
4) the fourth care level - physical or mental abilities of a
person are extremely severely restricted, a distinct lack of
self-care capacities, the person is fully dependent on care and
must be supervised day and night. The provider of a social care
service shall ensure a client supervision determined by a medical
practitioner and shall observe changes in functional
disorders.
(4) The criteria for determining the care level and assessment
of clients, and also conditions for the receipt of social care
services at a place of residence and institution and the
procedures for the receipt thereof shall be determined by the
Cabinet.
[12 January 2017; 28 September 2023]
Section 21. Rights of a Person to
Social Rehabilitation
(1) The following persons referred to in Section 3 of this Law
whose integration into society is burdened have the right to
social rehabilitation:
1) persons with disability, predictable disability and
functional disorders;
2) persons after serving of a sentence of deprivation of
liberty;
3) persons who have become addicted to alcohol, narcotic or
psychotropic substances;
4) persons who have suffered from violence;
5) children who have for a long time (more than one year) been
in out-of-family care.
(2) Where necessary, local governments shall develop
rehabilitation programmes also for groups of persons whose
integration into social life is burdened due to other
reasons.
[19 December 2019]
Section 21.1 Rights of a
Person to Psychosocial Rehabilitation
(1) The following persons who require assistance in resolving
psychosocial problems if such problems hinder their integration
into society have the right to receive the psychosocial
rehabilitation service:
1) persons with predictable disability or first-time
disability the cause of which is an oncological disease,
retaining the right to receive the service granted also in case
if the time period for which a predictable or first-time
disability has been specified for the person has elapsed, and
also persons after the end of a course of treatment of an
oncological disease with a recommendation of the attending
physician regarding the necessity to receive a psychosocial
rehabilitation service;
2) one of the relatives selected by the person referred to in
Clause 1 of this Paragraph if the person and the relative
indicate to the necessity of receiving the service jointly and
this necessity is substantiated by the relevant oncological
disease;
3) a child who according to the decision by the doctors'
council requires a palliative care and family members or foster
family living in the same household as the child. A child shall
retain the right to receive the service in the case of necessity
until attaining 24 years of age;
4) the persons referred to in Section 13, Paragraph one,
Clause 12.1 of this Law.
(2) Taking into account the necessity and financial
possibilities, local governments may arrange psychosocial
rehabilitation services also to other groups of persons.
[12 January 2017; 19 December 2019; 4 August 2021; 28
September 2023]
Section 22. Types of Provision of
Social Care and Social Rehabilitation Services
Social care and social rehabilitation services shall be
provided:
1) at the place of residence of a person, ensuring home care,
rehabilitation at the place of residence, day care and social
rehabilitation institutions, group apartments (group houses),
service apartments, night shelters or shelters or elsewhere;
2) at long-term social care and social rehabilitation
institutions.
Section 23. Home Care
(1) If a person requires care at the place of residence, the
local government shall first assess the possibilities for family
members living together with this person or persons who have
common expenses for food with the person to be cared for and who
live in the same housing with him or her to provide the necessary
care.
(2) If family members are caring for the person, the local
government shall support these family members psychologically, by
consulting and training them and, if necessary, also
materially.
(3) If a person lives alone or the family members living
together with this person, due to old age, their state of health
or employment cannot ensure the care required, the person has the
right to receive a social care service.
Section 24. Social Rehabilitation at
the Place of Residence
In order to promote the use of resources available in the
State and local government and ensure the integration into
society of a person, the social service or social rehabilitation
service provider shall develop and implement an individual social
rehabilitation plan for each person to be socially
rehabilitated.
[7 October 2010]
Section 25. Provision of Technical
Aids
(1) The following persons with continuous or lasting organism
dysfunctions or anatomic defects have the right to receive
technical aids services if they have received an opinion of a
medical practitioner regarding the need for such service:
1) persons with disability;
2) persons for whom the technical aids are necessary to reduce
or eliminate functional inability;
3) persons with a predictable disability for whom the need for
such service has been determined in the individual rehabilitation
plan;
4) persons with anatomic defects - a prosthesis or orthopaedic
footwear.
(2) The Cabinet shall govern procedures by which persons shall
receive technical aids and regulations on the circulation of
technical aids.
(3) The Cabinet shall approve the list of technical aids to be
financed from the State.
(4) The persons specified in Paragraph one of this Section
shall be ensured with tiflotechnology and surdotechnology
services by the Latvian Society of the Blind and the Latvian
Association of the Deaf, with other technical aids services - by
the State limited liability company National Rehabilitation
Centre "Vaivari" which shall:
1) organise the system for the provision of services, taking
into account the territorial principle, and issue administrative
statements for the granting of services to specific persons;
2) determine the providers of services in conformity with that
specified in Section 13 of this Law;
3) ensure rational utilisation of the funds granted from the
State budget and the control of the utilisation thereof;
4) organise circulation of technical aids - the creation and
maintenance of databases in relation to technical aids, queues
for the receipt of technical aids and persons who have received
the service and other issues related to the provision of
services;
5) inform the society of the opportunities for receiving
services.
(5) The persons with disability to whom the State Medical
Commission for the Assessment of Health Condition and Working
Ability has determined medical indications for the purchase of a
specially adjusted motor vehicle and the receipt of an allowance
for the compensation of transport expenses, have the right to
receive the service - the adjustment of a vehicle - from the
funds of the State budget so that it would fulfil the function of
a technical aid.
[25 May 2006; 3 May 2007; 7 May 2009; 7 October 2010; 12
January 2017; 10 March 2022]
Section 26. Vocational
Rehabilitation and Determination of Vocational Suitability
(1) The persons of working age if functional disorders or
disability or predictable disability is determined for them have
the right to receive State-funded vocational rehabilitation
services and services for determining vocational suitability. In
order to receive State-funded vocational rehabilitation services
or the service for determining vocational suitability, the person
shall address the relevant service provider that takes the
decision to grant services or to refuse to grant services.
(2) The procedures by which a person receives State-funded
vocational rehabilitation services and the service for
determining vocational suitability shall be determined by the
Cabinet. The Cabinet shall determine the list of functional
disorders.
[12 January 2017; 10 March 2022]
Section 26.1 Supported
Decision-Making Service
(1) The purpose of the supported decision-making service is to
provide support in decision-making for an adult person with
mental impairments, without influencing the will, choices, and
decisions of this person, in order for the supported person to
make his or her decisions independently.
(2) In addition to the persons specified in Section 13,
Paragraph one, Clause 14 of this Law, the local government has
the right to provide the supported decision-making service also
to other groups of persons at its own expense. The local
government shall determine the relevant groups of persons in its
binding regulations.
[28 September 2023 / Section shall come into force
on 1 November 2023. See Paragraph 58 of Transitional
Provisions]
Section 27. Services of Day Care and
Social Rehabilitation Institutions
(1) Day care and social rehabilitation institutions shall
ensure care and the possibility to become involved in physical
and mental activities:
1) for persons of retirement age;
2) for persons with disability who have impairments of a
physical nature;
3) for persons with mental impairments;
4) for persons after a severe, continuous illness.
(2) A local government has the right to provide day care and
social rehabilitation services also to other persons.
[10 March 2022]
Section 27.1 Group House
(Apartment), Half-way House, Service Apartment and Social
Rehabilitation Centre Services
(1) A housing and individual support for resolving social
problems and, if necessary, social care shall be ensured in a
group house (apartment) to persons with mental impairments that
have objective difficulties in living independently, but there is
no necessity to place them in a long-term social care and social
rehabilitation institution. Other social services and social
assistance necessary for the person shall be ensured by the local
government which has taken the decision to grant a group house
(apartment) service.
(2) Social rehabilitation services shall be provided in a
half-way house to:
1) persons with mental impairments in order to acquire skills
for independent life or life in a group house (apartment);
2) persons with other functional disorders in order to acquire
or to strengthen the skills for independent life.
(3) In a service apartment shall be ensured the possibility of
an independent life for persons with severe functional disorders,
increasing the social functioning and self-care capacities of
such persons.
(4) In the cases referred to in Paragraphs one and two of this
Section, the amount of services, the client payments and the
procedures by which the costs of the services are covered from
State or local government budgets shall be determined by the
Cabinet.
(5) Social rehabilitation services necessary for restoring
social functioning abilities shall be provided in a social
rehabilitation centre to persons with functional disorders,
persons addicted to psychoactive substances, persons after
serving a sentence of deprivation of liberty, and to other
persons with social functioning problems in accordance with the
needs of each person.
[25 May 2006; 3 May 2007; 21 June 2007; 12 January 2017; 10
March 2022]
Section 28. Services of Long-term
Social Care and Social Rehabilitation Institutions
(1) Long-term social care and social rehabilitation
institutions shall provide a housing, social care of the
necessary level and social rehabilitation to a client. A
long-term social care and social rehabilitation institution may
also ensure to the client the fulfilment of a medical treatment
plan determined by a medical practitioner. The following persons
have the right to receive the services of this institution,
unless there are any medical contraindications for the receipt
thereof:
1) orphans and children left without parental care, if it is
not possible to provide care and upbringing for them in a foster
family or with a guardian;
2) persons of retirement age and persons with functional
disorders if the required amount of service exceeds the amount
specified for home care or care in a day care and a social
rehabilitation institution;
3) children with severe functional disorders, if the required
amount of service exceeds the amount specified for home care or
care at a day care and a social rehabilitation institution;
4) adults with severe and extremely severe mental impairments
for whom staying in a specialised medical treatment institution
is not necessary and whose state does not endanger other people
if the required amount of services exceeds the amount specified
for social care and social rehabilitation services in home care
or day care centre, or a group house (apartment).
(11) A long-term social care and social
rehabilitation institution may establish a structural unit to
ensure health care services.
(12) A long-term social care and social
rehabilitation institution by using the Information System for
the Support of Minors and not less than once every three months
in respect of an orphan or a child left without parental care
younger than three years of age and not less than once every six
months in respect of an orphan or a child left without parental
care having attained the age of three years until the moment when
the provision of the service is suspended shall inform the
Orphan's and Custody Court and the local government social
service office of the following:
1) contacts with the child maintained by parents, brothers,
sisters, grandparents, and also other persons with whom the child
has been living in a joint household and co-operation with a
long-term social care and social rehabilitation institution;
2) physical and psychosocial development of the child.
(2) Provision of a service to a person of legal age at a
long-term care and social rehabilitation institution may be
suspended if:
1) the person endangers the health or life of other persons or
systematically violates the provisions of the contract entered
into;
2) as a result of rehabilitation the person no longer requires
the services of the long-term care and social rehabilitation
institution and these may be replaced with services at the place
of residence;
3) the person requests the suspension of the provision of
services;
4) the person serves the sentence at a place of
imprisonment;
5) the person is absent longer than for a period of 12
months.
(3) In the cases referred to in Paragraph two of this Section,
the decision to suspend the provision of a service shall be taken
by the head of the relevant institution, informing thereof the
local government within the administrative territory of which the
person has been living prior to entering into the institution. If
the administrative territory in which the person has been living
prior to entering into the institution cannot be ascertained, the
local government the administrative territory of which holds the
last detectable location of the person shall be informed. The
local government has an obligation to ensure the necessary social
services and social assistance, and also accommodation for the
relevant person if it is not possible for such person to
accommodate in the residential premises previously occupied in
accordance with the procedures laid down in the law.
(31) The decision to discontinue the provision of a
service may be taken by the head of the institution also in such
case if instead of the local governments referred to in Paragraph
three of this Section, another local government not later than
one month prior to discontinuation of the provision of the
service, has certified in writing to the head of the institution
that, following a written agreement with the relevant person,
accommodation and necessary social services will be ensured in
the administrative territory thereof.
(4) The provision of long-term social care and social
rehabilitation services shall be suspended if a person is absent
without information as to his or her whereabouts for longer than
two months from the day when the fact of the absence is notified
to the police.
[25 May 2006; 3 May 2007; 29 October 2009; 6 December 2012;
12 January 2017; 10 March 2022 / The new wording of
Paragraph 1.1 shall come into force on 1 January 2026
and shall be included in the wording of the Law as of 1 January
2026. See Paragraph 51 of Transitional Provisions]
Chapter
IV
Rights of Clients Living in Long-term Social Care and Social
Rehabilitation Institutions
Section 29. Rights of Clients Living
in Long-term Social Care and Social Rehabilitation
Institutions
(1) A client living in a long-term social care and social
rehabilitation institution has the following rights:
1) to independently take decisions and implement them to the
extent it does not restrict the rights and freedoms of other
persons or does not endanger the health or life of the
person;
2) to receive services suitable for his or her functional
state and the necessary care level and also to individual and
professional approach of the personnel in the provision of
services;
3) if he or she is an adult person - for a period of time from
one month up to three months to reside in the care of another
person (family) outside the institution. A long-term social care
and social rehabilitation institution, upon a written agreement
with a person (family), shall determine the duration of this
residence, the rights and obligations of the parties, and also
disburse an allowance or maintenance benefit of the client in
accordance with the period of time during which he or she is in
the care of another person (family);
4) if he or she is a child - to reside in the care of another
person (family) outside the institution in accordance with the
Law on the Protection of the Children's Rights.
(2) A client living in a long-term social care and social
rehabilitation institution has the right to a particular sum of
money for personal expenses in the following amount:
1) for an adult person who is a recipient of the pension or
compensation, or the State social security benefit specified in
Section 13.1, Paragraph three of this Law, the
allowance for the compensation of transport expenses for persons
with disabilities who have reduced mobility, or the allowance for
a person with disabilities for whom care is necessary, the sum of
money which remains at his or her disposal after payment for the
service provided by the long-term social care and social
rehabilitation institution must not be below 15 per cent of the
total amount of such payments to be disbursed thereto;
2) for an adult person who is not a recipient of the pension
or compensation, or the State social security benefit specified
in Section 13.1, Paragraph three of this Law, the
allowance for the compensation of transport expenses for persons
with disabilities who have reduced mobility, or the allowance for
a person with disabilities for whom care is necessary, the sum of
money to be disbursed thereto from the budget of the long-term
social care institution shall be 15 per cent of the amount of the
State social security benefit;
3) for a child from the age of seven years, the sum of money
to be disbursed from the budget of the long-term social care
institution shall be 15 per cent of the amount of the State
social security benefit which is laid down for the persons
referred to in Section 13, Paragraph one, Clause 1 of the Law on
State Social Allowances. Taking into account the budgetary
possibilities of the institution, the long-term social care
institution may decide on granting a larger sum of money.
(3) The head of a long-term social care and social
rehabilitation institution shall be responsible for ensuring the
rights of the client specified in Paragraph one of this Section
and the arrangement of the work of the institution necessary for
this purpose.
[3 May 2007; 18 September 2008; 7 May 2009; 29 October
2009; 12 January 2017; 19 December 2019; 10 March 2022]
Section 30. Competence of the Social
Care Council
(1) In order to promote respect for the rights of the persons
living in long-term social care and social rehabilitation
institutions, the head of the relevant institution shall
establish a social care council (hereinafter - the council) which
shall consist of the persons living in the long-term social care
and social rehabilitation institution, their relatives, employees
of the institution, and representatives of the local government.
Decisions of the council shall have a recommendatory nature.
(2) The Council shall:
1) co-ordinate internal rules of procedure of the
institution;
2) submit proposals for improvement of the operations of the
institution;
3) examine conflicts between clients and the management of the
institution;
4) participate in the quality assessment of the services
provided by the institution.
[17 June 2004; 25 May 2006]
Section 31. Restrictions on the
Rights of a Person at a Long-term Social Care and Social
Rehabilitation Institution
(1) In order to prevent leaving a person without supervision
and to protect the health and life thereof, and also the rights
and freedoms of other person, the head of a long-term social care
and social rehabilitation institution or an authorised
representative thereof may take the decision on necessity to
restrict the right of a person to free movement for a definite
time period if the necessity of such supervision, based on the
state of health of a person, is determined in the individual
rehabilitation or care plan.
(2) If a person with his or her actions endangers his or her
health or life or the health or life of other persons, the head
of the relevant institution or his or her authorised person may
take a decision, making note in the person's file, on the
isolation of the person for a period not exceeding 24 hours in a
room specially arranged for such purpose, where the necessary
care and continuous supervision of the person is ensured.
(3) If it is necessary to restrict the rights of children
staying at long-term care institutions, the provisions of the Law
on the Protection of the Children's Rights shall be
applicable.
(4) The disbursement of these payments to a client who
receives the services provided by a long-term social care and
social rehabilitation institution and to whom a pension or
compensation or State social security benefit is granted shall be
ensured by taking into account the conditions referred to in
Section 13.1, Paragraph three and Section 29,
Paragraph two, Clause 1 of this Law by a long-term social care
and social rehabilitation institution to whose account the State
Social Insurance Agency transfers the abovementioned payments on
the basis of an application submitted by the client.
[7 May 2009; 12 January 2017]
Chapter V
Social Assistance
[24 November 2020]
Section 32. Purpose of Social
Assistance
The purpose of social assistance is to provide material
support to low-income households in order to ensure income at the
level of the guaranteed minimum income threshold and cover
expenses related to the use of the housing, and also to provide
support for covering certain expenses and in crisis
situations.
[24 November 2020]
Section 33. Minimum Income
Thresholds for the Provision of Social Assistance
(1) The minimum income thresholds for the provision of social
assistance shall be determined in percentage rounded up to whole
euros from the minimum income median published on the website of
the Central Statistical Bureau per one equivalent consumer per
month (hereinafter - the income median).
(2) The guaranteed minimum income threshold is 20 per cent of
the income median.
(3) The income threshold of a needy household is 50 per cent
of the income median.
(4) Each local government is entitled to determine the income
threshold of a low-income household not higher than 80 per cent
of the income median but not lower than the income threshold of a
needy household specified in Paragraph three of this Section.
(5) The amounts of the minimum income thresholds for a
household shall be calculated by applying the following
coefficients to the relevant income threshold:
1) for the first or only person in the household - coefficient
1;
2) for other persons in the household - coefficient 0.7.
[8 March 2023 / The new wording of this Section
shall come into force on 1 July 2023. See Paragraph 53 of
Transitional Provisions. Paragraphs one and two of the
Section have been recognised as invalid by the Constitutional
Court judgement of 5 October 2023]
Section 34. Review of Minimum Income
Thresholds
Minimum income thresholds shall be reviewed in accordance with
the procedures laid down in the law On Social Security.
[24 November 2020]
Section 35. Types of Social
Assistance Benefits
(1) The basic social assistance benefits are as follows:
1) a guaranteed minimum income benefit - a material support in
monetary terms for covering everyday expenses;
2) a housing allowance - a material support for covering
expenses related to the use of the housing.
(2) Additional social assistance benefits are as follows:
1) a benefit for covering certain expenses - a material
support to persons for ensuring social functioning and
independent life;
2) a benefit in a crisis situation - a quick material support
for preventing or reducing the consequences caused by external
occurrences.
(3) The amount of a housing allowance shall be calculated by
taking into account the following expenses:
1) for the use of residential premises (rental payment,
expenses for the mandatory administration activities);
2) for the services which are related to the use of
residential premises (for the provision of thermal energy for
heating and hot water, electricity, water, natural gas, for the
provision of sewerage or waste collection, municipal waste
management) if they are not included in the rental payment or
necessary expenses for the mandatory administration
activities);
3) expenses related to telecommunication services and
Internet, and also expenses for the installation and verification
of water meters.
(4) The amount of the housing allowance shall be calculated as
the difference between the sum of the guaranteed minimum income
thresholds for a household which has been multiplied by a
relevant coefficient specified in Paragraph five of this Section
and other expenses for housing specified in laws and regulations
and the total income of the household.
(5) In order to calculate the amount of the housing allowance
for a household, the following coefficients shall be applied to
the sum of the guaranteed minimum income thresholds:
1) a person of retirement age living individually or a person
with disability living individually - coefficient 2.5;
2) a household with only persons of retirement age or persons
with disability - coefficient 2;
3) a household with only persons of retirement age or persons
with disability and children - coefficient 2;
4) other households - coefficient 1.5.
[24 November 2020; 8 March 2023]
Section 36. Conditions for the
Assessment of a Material Situation and the Granting of a Social
Assistance Benefit
(1) Before taking the decision to grant the status of a needy
or low-income household or a social assistance benefit to a
household or individual person in the household, a local
government social service office shall assess the total material
resources of the household by using the data of the State and
local government information systems and complying with the
following criteria:
1) the principal amount and interest payment of the credit
granted for the purchase of the only housing, the share of income
obtained from the alienation of a person's own property which has
been used for the purchase of the only housing, the amount which
the person pays as the means of support for a child and which
does not exceed the minimum amount of the means of support for
each child laid down in the State, State family allowance and
supplements to such allowance, care benefit for a child with a
disability, allowance for a person with disability for whom care
is necessary, allowance for the use of an assistant for persons
with Group I visual disability, allowance for the compensation of
transport expenses for a person with disability who has reduced
mobility, allowance for a child suffering from coeliac disease,
benefit for adoption, childbirth allowance, and benefit in the
case of a person's death, income from the renting of immovable
property of a child if an Orphan's and Custody Court has taken
the decision on the protection of property interests of a child,
social guarantees for an orphan and a child left without parental
care after the end of the out-of-family care, allowance for the
purchase of clothing and soft furnishing in a foster family, a
study loan, a student loan, allowance of the unemployed person
and mobility allowance, income of the child who is younger than
18 years of age and is attending school from paid work or
self-employment up to the amount of the minimum monthly wage, a
compensation for the additional expenses in relation to an
accident at work or occupational disease, a compensation for a
person who has suffered in criminal proceedings, an insurance
benefit after occurrence of the insurance event for the
restoration of the previous condition, a compensation for the
donation of blood or blood components, financial aid provided by
another person to cover medical treatment expenses, education
expenses, and housing credit payment, funds obtained from charity
funds, a material benefit for a certain purpose obtained as a
result of social campaigns, a lump-sum financial support for a
refugee or person who has obtained an alternative status, and
also social assistance allowances of a local government and
volunteer initiative allowances of local governments laid down in
this Law shall not be regarded to be income;
2) one immovable property of a household or a part thereof
where the submitter and other persons who have a joint household
with the submitter have declared their place of residence and are
living, and the necessary movable property of a housing,
equipment necessary for work and acquisition of education, land
property which does not exceed five hectares in total for a
household, and also household buildings functionally belonging to
such immovable property or a part thereof, a garden house to be
used during the summer period only, or not more than two
household buildings on a rented land, vehicles necessary for
social functioning with the laden mass not exceeding 3500
kilograms, however not more than one vehicle in a household and,
where there are children in a household or a person for whom an
opinion on medical indications for special adjustment of a
passenger car and receipt of an allowance for compensating the
transport expenses has been issued, not more than two vehicles,
and also agricultural machinery and bicycles in a household,
capital shares or properties on which a prohibition of bailiff or
that of other competent authority to act with it has been imposed
or which is under the process of release from debt obligations,
insolvency, or liquidation, or of which no income has been earned
during the period of the last three months due to suspension of
economic activity, an immovable property or a part thereof which
is owned by a person living in a household of the submitter and
where adult relatives of the first-degree relative of the
requester of a benefit who do not own any other immovable
property have declared their place of residence and are living,
an immovable property and savings of monetary funds of a child,
and also savings of monetary funds of a household in the amount
of income threshold of a needy household shall not be regarded to
be a property and savings of monetary funds.
(2) A person of working age who wishes to receive social
assistance benefits, except for a benefit in a crisis situation,
or a statement on the conformity with the status of a needy or
low-income household and who is not working has an obligation to
register with the State Employment Agency and to perform the
obligations of an unemployed person, except for the case when the
person:
1) is a person with disabilities, a recipient of old-age
pension or State social insurance benefit for granting of a State
old-age pension at the necessary age;
2) is a woman on a prenatal and maternity leave, one of the
parents of the child on a child care leave or another person in a
household who is ensuring care for a child of pre-school age and
looking after him or her, if it is not possible to ensure
otherwise due to objective reasons;
3) is one of a disabled child's parents if the child does not
receive appropriate care services;
4) is a person from 15 years of age who is acquiring full-time
education in a basic education, general secondary or vocational
secondary education institution or he or she is a full-time
student in a higher education institution.
(21) Social assistance benefits and the status of a
needy or low-income household shall not be granted to persons who
are at the prison or long-term social care and social
rehabilitation institution, or social correction educational
institution, and also if the income of a household exceeds the
income thresholds specified in Section 33 of this Law, taking
into account the criteria laid down in Paragraph one of this
Section.
(3) Basic social assistance benefits and the status of a needy
or low-income household:
1) shall be granted for three calendar months if at least one
person in the household is a person of working age;
2) shall be granted for six calendar months if no one in the
household is a person of working age or the exceptions laid down
in Paragraph two of this Section apply to the person;
3) may be granted for one calendar month if income of the
household does not exceed the thresholds of income specified in
Section 33 of this Law, however non-conformity with any of the
conditions laid down in Section 9, Paragraph one, Section 36,
Paragraph one, Clause 2 and Paragraph two of this Law or the
documents necessary for the receipt of social assistance or
granting of the status of a needy or low-income household
stipulated by the Cabinet can be determined. Persons of the
household have the obligation to cooperate with the local
government social service office and other authorities for the
rectification of the abovementioned non-conformities.
(4) The Cabinet shall determine the procedures for evaluating
the material situation of a household and for calculating,
granting and disbursing the guaranteed minimum income benefit,
and also the procedures for granting the status of a needy and
low-income household.
(5) The Cabinet shall determine 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. The local government may provide for more
favourable conditions in relation to the norms of the items of
expenses in the binding regulations.
(6) The benefit laid down in Section 35, Paragraph two, Clause
1 of this Law shall be granted to a person or household which is
recognised to be needy or with low-income, and a local government
shall determine the objectives, amount, procedures for granting
and disbursing such benefits in its binding regulations. The
amount of the benefit laid down in Section 35, Paragraph two,
Clause 2 of this Law, the procedures for granting and disbursing
thereof shall be determined by a local government in its binding
regulations.
(7) In order to prevent risk that a social assistance benefit
is disbursed for the same objective or for the same period
repeatedly, a local government social service office has the
right to obtain the information from the social service office of
the local government of the previous place of residence on the
type and amount of received social assistance if any of the
persons living at the household who has requested social
assistance has changed a declared place of residence or permanent
place of residence during the last three months.
[24 November 2020; 11 March 2021; 8 March 2023]
Section 37. Type of Disbursement of
Social Assistance Benefits
The benefit of the guaranteed minimum income shall be
disbursed to a household in cash, other social assistance
benefits granted may be disbursed to the household in cash or by
covering expenses for the goods or services in the amount of the
sum of the benefit.
[24 November 2020]
Section 38. Disbursements of Social
Assistance Benefits and Reviewing and Revocation of the Status of
a Needy or Low-income Household
(1) The disbursement of the granted basic social assistance
benefit shall be discontinued or the decision on the status of a
needy or low-income household shall be revoked in the part on the
relevant person if the person gets in a prison, long-term social
care and social rehabilitation institution, social correction
educational institution or if a person is staying, for more than
one calendar month, in a social rehabilitation institution with
accommodation or receives in-patient medical treatment service
where services are fully or partly financed from the State or
local government budget.
(2) A local government social service office may extend the
disbursement of the granted housing allowance and the status of a
needy or low-income household for the period during which a
person receives in-patient medical treatment service or social
rehabilitation service with accommodation.
(3) The disbursement of the granted social assistance benefit
shall be discontinued or the status of a needy or low-income
household shall be revoked from the first day of the month which
follows the month when the circumstances which are the basis for
the discontinuation of disbursement of the benefit or revocation
of the status have set in.
(4) A local government social service office shall re-assess
the material situation of a household and review the decision on
the conformity with the status of a needy or low-income household
and the amount and types of social assistance benefits if the
material situation of the household deteriorates or the social
situation changes.
(5) The status of a needy or low-income household is not
reviewed or revoked and the disbursement of the basic social
assistance benefits is not discontinued until the end of the time
period for granting the status or benefit if the material
situation of the household has improved and its income has
increased on the basis of the income which is obtained through
employment relations or economic activity, except for the
royalty, income from an immovable property, and income from the
sale of scrap metal, and, by repeatedly assessing the material
situation, a local government social service office shall not
take into account the income until the amount of the minimum
monthly wage for three months once in a calendar year from such
income for a person of working age who has started to gain
income.
[24 November 2020; 11 March 2021]
Section 39. Recovery of a Social
Assistance Benefit Paid out Unjustifiably
A local government social service office shall take a decision
on the recovery of a social assistance benefit paid out
unjustifiably if it detects that the relevant benefit has been
paid out unjustifiably due to the fault of a client if the client
has provided false or incomplete information or failed to notify
of changes that may affect the right to such benefit or the
amount thereof. The decision shall be executed by a bailiff in
accordance with the procedures laid down in the Administrative
Procedure Law on the basis of the execution order of a local
government social service office if a client fails to refund the
overpaid amount voluntarily.
[24 November 2020]
Chapter
VI
Purpose of Social Work and Requirements for Social Work
Specialists
Section 40. Purpose of Social
Work
The purpose of social work is to help a person, a family, or a
group of persons determine, resolve or diminish social problems
by developing the resources of the person himself or herself and
involving support systems.
Section 41. Persons having the Right
to Perform Social Work
Persons who have acquired first- or second-cycle higher
education in social work or caritative social work have the right
to perform social work.
[28 September 2023]
Section 42. Persons Having the Right
to Provide Social Care or Social Rehabilitation Services and
Social Assistance
(1) Persons who have acquired short-cycle higher education in
social care or vocational secondary education in social care
(after graduation from such vocational secondary school or other
educational institution which implements vocational secondary
education programmes) or second-cycle higher education in social
work or caritative social work, who have acquired short-cycle
higher vocational education and fifth level of professional
qualification in social care or first-cycle higher education in
social work or caritative social work and a social worker
qualification if a part of the study programme related to social
care, comprising at least four credit points or 160 hours, has
been completed during studies or in the process of vocational
in-service training, have the right to provide social care
services.
(2) Persons who have acquired short-cycle higher education in
social rehabilitation or second-cycle higher education in social
work or caritative social work, who have acquired short-cycle
higher vocational education and fifth level of professional
qualification in social rehabilitation or first-cycle higher
education in social work and a social worker qualification if a
part of the study programme related to social rehabilitation,
comprising at least four credit points or 160 hours, has been
completed during studies or in the process of vocational
in-service training, have the right to provide social
rehabilitation services.
(3) Persons who have acquired at least short-cycle higher
education have the right to provide social assistance.
[28 September 2023]
Section 43. Register of Social Work
Specialists
[17 June 2004]
Section 44. Certification of Social
Work Specialists and the Purpose of Certification
[17 June 2004]
Section 45. Professional Tasks of
Social Workers and Caritative Social Workers
(1) The professional activity of a social worker and a
caritative social worker shall be aimed towards achieving and
promoting practical resolution of the social problems of an
individual and improvement in his or her quality of life,
integration in the society, and the ability to help himself or
herself.
(2) After evaluation of circumstances, a social worker and a
caritative social worker shall:
1) provide a person with assistance and support in resolving
social problems;
2) help the person develop the ability to resolve personal,
interpersonal and social problems;
3) support the possibilities for the development of the
person, and also the right to take decisions independently and to
implement them;
4) attract social and economic resources and the appropriate
social services for the resolution of the social problems of a
person or a group of persons;
5) provide information regarding social service providers and
establish contacts between the recipients and providers of social
services.
(3) In performing the tasks referred to in this Section,
social workers and caritative social workers shall comply with
the social workers' code of ethics to be approved by the Latvian
Social Workers Association.
[7 May 2009; 19 December 2019; 11 March 2021]
Section 46. Professional Tasks of
Social Carers
(1) A social carer shall plan social services in order to
ensure the satisfaction of the basic needs of such person who,
due to old age or state of health, is not able to do so with his
or her own effort.
(2) A social carer shall:
1) in conformity with the wishes and needs of the client,
determine the necessity of a package of social care services or
individual services and organise the provision of the
services;
2) evaluate how the possibilities of the client to care for
himself or herself change, and respectively change the scope and
content of the package of social care services.
Section 47. Professional Tasks of
Social Rehabilitators
(1) A social rehabilitator shall plan, manage, and organise
the social activation work so as to promote an individual's
integration into society.
(2) A social rehabilitator shall:
1) help the social worker, in co-operation with other
specialists, develop and implement individual social
rehabilitation plans for clients, change and supplement them in
conformity with changes in the life situation of the client;
2) help the client improve existing and acquire new social
skills.
Section 48. Professional Tasks of
Social Assistance Organisers
(1) A social assistance organiser shall ensure the provision
of social assistance in conformity with the requirements laid
down in laws and regulations.
(2) A social assistance organiser shall:
1) evaluate the social and material situation of the persons
in a household and calculate the amounts of social assistance
benefits;
2) inform the clients of their rights to social assistance and
the possibilities of exercising these rights, and also the
obligations of participation.
[24 November 2020]
Chapter
VII
Administrative Offences in the Field of Social Services and
Competence in Administrative Offence Proceedings
[21 November 2019 /
Chapter shall come into force on 1 July 2020. See
Paragraph 33 of Transitional Provisions]
Section 49. Non-fulfilment of the
Requirements Laid down for Social Service Providers and Failure
to Ensure the Quality of Social Services
For the non-fulfilment of the requirements laid down for
social service providers in laws and regulations or for the
failure to ensure the quality of social services which causes or
may cause direct threats to the safety or health of the recipient
of the social service a fine shall be imposed on the social
service provider - natural person - from twelve to one hundred
and twenty eight units of fine, but on a legal person - from
sixteen to two hundred and sixty units of fine.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 33 of Transitional
Provisions]
Section 50. Provision of Social
Services without Registration in the Register of Social Service
Providers
For the provision of a social service without registration in
the Register of Social Service Providers, a warning shall be
issued to or a fine shall be imposed on the social service
provider - natural person - from eight to one hundred and twenty
eight units of fine, but on a legal person - from fourteen to two
hundred and sixty units of fine.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 33 of Transitional
Provisions]
Section 51. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the offences
referred to in Sections 49 and 50 of this Law shall be carried
out by the Ministry of Welfare.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 33 of Transitional
Provisions]
Transitional
Provisions
1. Section 10, Paragraph one and Sections 41 and 42 in the
wording of 31 October 2002 of this Law shall come into force on 1
January 2008. After 1 January 2008, the right to perform social
work, provide social care and social rehabilitation services and
social assistance shall also be for persons who:
1) already perform the referred to work and for whom on 31
December 2007 not more than five years are left to attain the age
specified for the granting of the State old-age pension;
2) until 31 December 2007 have commenced studies or are
continuing to acquire the education specified in Sections 41 and
42 of this Law. The abovementioned persons shall each year by 15
October submit to the employer a statement issued by a higher
education institution or college regarding the fact that such
person is enrolled in the higher education institution or college
list of students.
[17 June 2004; 21 June 2007; 18 December 2008]
2. [18 September 2008]
3. [18 September 2008]
4. Until the day of coming into force of the relevant Cabinet
regulations, but not longer than until 1 June 2003, the following
Cabinet Regulations shall be applicable insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 309 of 10 October 1995, Regulations
Regarding Procedures by which the Stay of Persons in Social Care
Institutions shall be Paid;
2) Cabinet Regulation No. 340 of 27 August 1996, Regulations
Regarding State and Local Government Social Care
Institutions;
3) Cabinet Regulation No. 262 of 8 August 2000, Procedures by
which Persons Receive Technical Aids;
4) Cabinet Regulation No. 313 of 12 September 2000,
Regulations Regarding Requirements for Social Assistance Service
Providers;
5) Cabinet Regulation No. 314 of 12 September 2000, Procedures
by which Persons Receive Social Care Services;
6) Cabinet Regulation No. 383 of 28 August 2001, Procedures by
which Persons Receive Vocational Rehabilitation Services and
Requirements for Vocational Rehabilitation Service Providers.
5. With the coming into force of this Law, the law On Social
Assistance (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 1995, No. 24; 1996, No. 14; 1997, No. 2; 1998,
No. 1, 23; 1999, No. 2, 24; 2001, No. 1), is repealed.
6. Section 13, Paragraph one, Clause 4 of this Law shall come
into force on 1 July 2003.
[19 December 2002]
7. From 1 January 2003 to 31 December 2003 social
rehabilitation services at social rehabilitation institutions
under State budget funding, in accordance with the procedures
stipulated by the Cabinet, may be received by persons who do not
work (are not considered to be employees or self-employed in
accordance with the law On State Social Insurance) and receive
only a State pension or only a State social security benefit and
they are the following:
1) disabled persons;
2) persons who have attained the age entitling one to receive
the national old-age pension;
3) politically repressed persons.
The length of rehabilitation may not exceed 21 days.
[19 December 2002]
8. Section 13, Paragraph one, Clauses 6 and 8 shall come into
force on 1 January 2005.
[17 June 2004]
9. Section 13, Paragraph one, Clause 7 shall come into force
on 1 January 2006.
[17 June 2004]
10. Until the establishment of the Social Services Agency, its
functions shall be performed by the State administration
institution subordinate to the Ministry of Welfare - the Social
Assistance Fund.
[17 June 2004]
11. Amendments to Section 13, Paragraph one, Clause 4 of this
Law in relation to adult persons, Section 13, Paragraph one,
Clause 7 in relation to the receipt of social rehabilitation and
the criteria for the recognition of a person as a victim of the
trafficking in human beings, Paragraphs five and six shall come
into force on 1 January 2007.
[25 May 2006]
12. Section 9, Paragraph six of this Law which determines the
obligation of local governments to ensure consultative support to
social work specialists shall come into force:
1) 1 January 2007 - in relation to those social work
specialists who are social workers;
2) 1 January 2008 - in relation to those social work
specialists who are social carers, social rehabilitators, and
social assistance organisers.
[25 May 2006]
13. Until the day of coming into force of the new Cabinet
regulations, but not longer than until 1 October 2007, Cabinet
Regulation No. 285 of 27 May 2003, Procedures by which Persons
receive Technical Facilities, shall be applicable insofar as they
are not in contradiction with this Law.
[3 May 2007]
14. [18 December 2008]
15. Until 1 July 2009 the tasks specified for local government
councils in Section 3, Paragraph two of this Law shall also be
performed by local government parish councils.
[18 December 2008]
16. [7 May 2009]
16.1 The new wording of Section 13, Paragraph two,
and Paragraphs 2.1 and 2.4 of this Law
shall come into force on 1 January 2010.
[7 May 2009]
17. Those local governments whose number of residents does not
exceed 3000 shall establish the social service office specified
in Section 10, Paragraph two of this Law as a separate local
government institution, not later than by 1 August 2009. Until
the establishment of a social service office as a separate local
government institution in the relevant local governments, the
implementation of the tasks referred to in Section 11 of this Law
shall be ensured by the local government council (parish council)
or the delegated institution thereof in accordance with the
procedures provided for in the binding regulations of the local
government.
[18 December 2008]
17.1 Section 13, Paragraph one, Clause
3.1 and Section 13, Paragraph one, Clause 11 of this
Law shall come into force on 1 January 2015.
[7 October 2010; 6 December 2012]
18. Section 13, Paragraphs 2.2 and 2.3
and Section 25, Paragraph four of this Law shall come into force
on 1 September 2009. Paragraph 2.2 of this Law in the
wording of 18 December 2008 shall not be applied until 31 August
2009.
[7 May 2009]
19. The rights, obligations, and property of valsts
aģentūra "Tehnisko palīglīdzekļu centrs" [State agency
Technical Aid Centre] to be liquidated, including the
record-keeping and archives, shall be taken over by the State
limited liability company National Rehabilitation Centre
"Vaivari".
[7 May 2009]
20. During the period of time from 1 September 2009 until 31
December 2009, the State limited liability company "National
Rehabilitation Centre "Vaivari"" shall also ensure persons with
tiflotechnology and surdotechnology.
[7 May 2009]
21. The amendment to Section 5 of the Law regarding the
evaluation of the material resources of a client shall, until 31
December 2011, not be applicable to persons to whom the status of
a needy person has been granted with a decision taken up to the
date of the coming into force of these amendments.
[29 October 2009]
22. The support provided for in Section 13, Paragraph
1.1 of this Law shall be provided by the State to
local governments by performing co-payment for actual expenses
for the provision of disbursements of the benefit of the
guaranteed minimum income level regarding a time period until 31
December 2012, but for the provision of disbursements of the
housing allowance - until 30 April 2012. The State co-financing
shall not be granted to local governments for payments of local
governments which have been performed in order to provide
disbursement of the benefits of the guaranteed minimum income
level after 1 January 2013 and disbursement of the housing
allowances after 1 May 2012.
[15 December 2011]
23. Section 15.1, Paragraph one, Clause 5 of this
Law shall come into force on 1 January 2010.
[29 October 2009]
24. The Regulation specified in Section 14, Paragraph three of
this Law shall be issued until 1 April 2014.
[14 November 2013]
25. Until the day of coming into force of new Cabinet
regulations, but not longer than until 1 July 2017, the following
Cabinet regulations shall be applicable insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 291 of 3 June 2003, Requirements for
Social Service Providers;
2) Cabinet Regulation No. 951 of 20 November 2008, Procedures
by which a Social Service Provider is Registered in a Register of
Social Service Providers and Removed Therefrom;
3) Cabinet Regulation No. 271 of 17 April 2012, Procedures by
which Persons Receive Vocational Rehabilitation Services.
[12 January 2017]
26. Section 9.1, Paragraph two, Section 14,
Paragraph one, Clauses 4.1 and 4.2, Section
20, Paragraph four of this Law shall come into force on 1
December 2017.
[12 January 2017]
27. Section 12, Paragraph 2.3 and Section 28,
Paragraph 1.2 of this Law shall come into force on 1
September 2017.
[12 January 2017]
28. Section 13, Paragraph one, Clause 12 of this Law shall
come into force on 1 January 2018.
[12 January 2017]
29. Section 13, Paragraph seven of this Law shall come into
force on 1 July 2028. Until 30 June 2028, the aid granted to
local governments to ensure the improvement of vocational
competence of social work specialists of social service offices
and other institutions of social service providers established by
the local government shall be implemented within the framework of
the European Union policy instruments in the amount stipulated by
the Cabinet.
[28 September 2023]
30. The condition of Section 13.1, Paragraph three
of this Law in respect of the payment for the long-term social
care and social rehabilitation institution services in the amount
of 85 per cent of the pension or compensation and the conditions
of Section 29, Paragraph two, Clauses 1, 2, and 3 of this Law in
respect of the sum of money for personal expenses of the clients
of the institution in the amount of 15 per cent of the pension or
compensation, or the State social security benefit shall be
applicable from 1 January 2020.
By 31 December 2019:
1) persons who are the recipients of a pension or
compensation, shall pay for the services specified in Section
9.1, Paragraph one, Clauses 1 and 2 of this Law 90 per
cent of the sum to be disbursed to them, but not more than the
costs of the received service in the relevant institution;
2) for a person of legal age who is a recipient of the pension
or compensation, or the State social security benefit specified
in Section 13.1, Paragraph three of this Law, the sum
of money which remains at the disposal thereof after payment for
the service provided by a long-term social care and social
rehabilitation institution must not be below 10 per cent of the
amount of the pension or compensation to be disbursed, or the
amount of the State social security benefit;
3) for a person of legal age who is not a recipient of the
pension or compensation, or the State social security benefit
specified in Section 13.1, Paragraph three of this
Law, the sum of money to be disbursed from the budget of the
long-term social care institution shall be 10 per cent of the
amount of the State social security benefit;
4) for a child from the age of seven years, the sum of money
to be disbursed to the child from the budget of the long-term
social care institution shall be 10 per cent of the amount of the
State social security benefit. A greater amount of money may be
granted for good and commendable results and activity in
community life by educational establishments or long-term social
care institutions.
[12 January 2017]
31. Section 13, Paragraph one, Clause 13 of this Law shall
come into force on 1 January 2019.
[12 January 2017]
32. Until the day of coming into force of binding regulations
regarding the amount of a benefit in a crisis situation and the
procedures for granting thereof, but not longer than by 31
December 2017, the binding regulations of local governments shall
be applied in which the amount of a one-time allowance in
emergency situation and the procedures for granting thereof are
laid down.
[12 January 2017]
33. Part VII of this Law shall come into force concurrently
with the Law on Administrative Liability.
[21 November 2019]
34. Until the day of coming into force of the Cabinet
regulations provided for in Section 13, Paragraph one, Clause 4
of this Law, but not later than until 1 July 2020, Cabinet
Regulation No. 914 of 6 November 2006, Procedures by Which
Persons Addicted to Psychoactive Substances Receive Social
Rehabilitation Services, shall be applicable insofar as it is not
in contradiction with this Law.
[19 December 2019]
35. Until the day when the social workers' code of ethics
referred to in Section 45, Paragraph three of this Law is
approved by the Latvian Social Workers Association, but not
longer than until 1 January 2023, social workers and caritative
social workers shall comply with the social workers' code of
ethics approved by the Latvian Association of Professional Social
and Care Workers.
[19 December 2019; 11 March 2021]
36. During the period while emergency situation is declared
throughout the State in relation to the spread of COVID-19:
1) in case the term of validity of the statement issued to a
household on conformity with the status of needy, low-income
household or low-income household in conformity with the
conditions for the receipt of benefit that have been laid down by
the Fund for European Aid to the Most Deprived (EUR 327 for the
first or only person in the household and EUR 229 for other
persons in the household) (hereinafter - the statement) expires
or has to be extended, a local government social service office
shall prepare a declaration of means of subsistence by using the
data available in the State and local government information
systems on the basis of the previous submission and documents,
and may extend the term of validity of the statement for the
period of the emergency situation and one calendar month after
the end of the emergency situation;
2) and for one calendar month after the end of the emergency
situation the household shall retain all the benefits and reliefs
granted by a local government and the State to which such
household has the right;
3) if it is not possible to receive the service in person, the
household for which it is necessary to evaluate material
resources anew for the receipt of social assistance benefits, to
determine the conformity with the status of needy or low-income
household or which is in a crisis situation shall turn to a local
government social service office remotely (by using the portal
www.latvija.lv, e-mail or putting the submission in a box
specially intended for such purpose). A local government social
service office shall verify in the State and local government
information systems the conformity of the submitter with the
relevant income threshold and in such case need not request
additional documents. A local government social service office
shall take the decision to grant appropriate social assistance
benefit and determine the status, or to refuse it.
[18 February 2021]
36.1 If the time period of the status of a needy,
low-income household or low-income household which is laid down
by the Fund for European Aid to the Most Deprived (EUR 327 for
the first or only person in a household and EUR 229 for other
persons in a household) expires within three calendar months
after the end of the emergency situation declared in relation to
the spread of COVID-19, a local government social service office
has the right to prepare a declaration of maintenance means and
determine conformity with the relevant status on the basis of the
previous submission and documents, and in accordance with the
data available in the information systems of the State and local
governments.
[10 March 2022]
37. During the time period from 12 March 2020 to 31 July 2020
and from 9 November 2020 to 24 February 2021:
1) the local government shall grant the benefit specified in
Section 35, Paragraph two of this Law in a crisis situation to a
family (person) which (who) is unable to ensure its basic needs
due to the emergency situation, disbursing the benefit from the
funds of the local government budget. The benefit in crisis
situation shall not be granted to a person living separately or
for a person in a family to whom the allowance for idle time or
assistance allowance for idle time has been granted in accordance
with laws and regulations;
2) to partially compensate the expenses of local governments
on ensuring benefits in a crisis situation, the State shall
provide an earmarked grant to local governments for the coverage
of expenses in the amount of 50 per cent of the sum of the
benefit disbursed to a family (person) in a crisis situation,
however, not more than EUR 40 per month per person;
3) in order to receive an earmarked grant, a local government
shall, by the tenth date of the month following the reporting
month and in accordance with the laws and regulations regarding
the procedures by which the Treasury shall ensure electronic
exchange of information, using the Information System of the
Treasury "Information System of Budget Reports of Ministries,
Central State Institutions and Local Governments", submit a
report "Report on the Use of the Earmarked Grant for a Crisis
Benefit" (Form No. 18_KrīzP) (hereinafter - the report),
including the following information therein:
a) the total amount of the financing disbursed in full amount
by the local government for benefits during a crisis
situation;
b) the number of such persons for which a benefit in a crisis
situation has been disbursed;
c) the account of the local government with the Treasury or a
credit institution for the receipt of an earmarked grant and for
making expenses;
4) the Ministry of Welfare:
a) within 10 working days after evaluation of the report and
recognition thereof as conforming shall make the payment of the
earmarked grant to the local government;
b) is entitled to conduct random control of the use of the
earmarked grant, requesting additional information from the local
government;
c) if any errors in the report or violations in the granting
and disbursement of the benefit in a crisis situation are
established, shall discontinue the disbursement of the earmarked
grant until clarification of the report or elimination of the
violations; after clarification of the report or elimination of
the violations shall make a re-calculation and make payments for
the previous period and the unjustly disbursed resources shall be
deducted from the resources provided for the local government in
the following month.
[20 March 2020; 16 April 2020; 7 May 2020; 18 February
2021]
37.1 During the time period from 25 February 2021
to 30 June 2021:
1) a local government shall grant and disburse the benefit in
a crisis situation laid down in Section 35, Paragraph two, Clause
2 of this Law to a household or an individual person in the
household from the local government budget funds in the amount
laid down in the binding regulations of the local government.
Upon evaluating the information available in the State and local
government information systems, a benefit in a crisis situation
shall be granted to a household or an individual person in the
household for whom income has significantly decreased or he or
she has lost income due to the emergency situation declared in
relation to the spread of COVID-19. The local government shall
increase the amount of the benefit to be disbursed by EUR 50 per
month for each child if the child up to the age of 18 years is
under the care of the household, including a foster family and
guardian who have the right to benefit in a crisis situation;
2) the local government shall not grant the benefit in a
crisis situation to a person living separately or for an
individual person in the household to whom the furlough allowance
has been granted in conformity with laws and regulations. The
local government shall not increase the benefit to be disbursed
in a crisis situation or shall reduce it for the relevant time
period when the supplement for a dependant child has been granted
to the person who receives the furlough allowance in conformity
with laws and regulations;
3) in order to partially compensate the expenses of local
governments for ensuring benefits in a crisis situation, the
State shall provide an earmarked grant to local governments for
the covering of expenses in the amount of 50 per cent of the
amount of the benefit disbursed to a household during the time
period from 1 February 2021 to 30 June 2021, however, not more
than EUR 75 per person per month. In order to compensate expenses
for increase of the amount of benefits to be disbursed by EUR 50
per month for each dependant child up to the age of 18 years, the
State shall ensure an earmarked grant to local governments for
the covering of expenses in the amount of 100 per cent of the
disbursed benefit increase - EUR 50 per month for each dependant
child up to the age of 18 years to a household, including a
foster family and guardian who have the right to benefit in a
crisis situation;
4) that laid down in Paragraph 37, Sub-paragraphs 3 and 4 of
the Transitional Provisions, and also that laid down in Paragraph
39 of the Transitional Provisions in respect of the number of the
children to be indicated in the report for whom the benefit in a
crisis situation has been disbursed.
[18 February 2021]
37.2 During the time period from 1 July 2021 to 31
December 2021:
1) that laid down in Paragraph 37.1, Sub-paragraphs
1, 2, and 4 of these Transitional Provisions shall be
applied;
2) in order to partially compensate the expenses of local
governments for ensuring benefits in a crisis situation, the
State shall provide an earmarked grant to local governments for
the covering of expenses in the amount of 50 per cent of the
amount of the benefit disbursed to a household during the time
period from 1 July 2021 to 31 December 2021, however, not more
than EUR 75 per person per month. In order to compensate expenses
for increase of the amount of benefits to be disbursed by EUR 50
per month for each dependant child up to the age of 18 years, the
State shall ensure an earmarked grant to local governments for
the covering of expenses in the amount of 100 per cent of the
disbursed benefit increase - EUR 50 per month for each dependant
child up to the age of 18 years to a household, including a
foster family and guardian who have the right to benefit in a
crisis situation.
[4 August 2021]
38. During the period while emergency situation is declared
throughout the State in relation to COVID-19, the State and local
governments have the right to make payment to social service
providers with which a contract has been concluded for the
provision of social services on site, if they could not be
provided due to the emergency situation. The State and local
governments shall evaluate the impact of idle time on the
financial flow of a service provider and shall determine to what
extent payment for the period of idle time will be made.
[20 March 2020]
39. If a family (person), including a foster family and
guardian, who has the right to the benefit referred to in
Paragraph 37, Sub-paragraph 1 of these Transitional Provisions in
a crisis situation cares for a child up to 18 years of age, a
local government shall increase the amount of the benefit to be
disbursed by EUR 50 per month for each child, and the State shall
reimburse it to the local government in the amount of 100 %. If a
local government has, until 17 April 2020, granted the benefit
referred to in Paragraph 37, Sub-paragraph 1 of these
Transitional Provisions in a crisis situation to a family
(person), including a foster family and a guardian, for March
2020, the local government shall ensure the increasing of the
benefit by EUR 50 per child. A local government shall not
increase the benefit to be disbursed in a crisis situation or
shall reduce it for the respective period where the supplement
for a dependant child has been granted to the person who receives
the allowance for idle time or assistance allowance for idle time
in accordance with the provisions of laws and regulations. In
order to receive the earmarked grant, a local government shall
indicate in the report referred to in Paragraph 37, Sub-paragraph
3 of the Transitional Provisions the number of children for which
the benefit has been disbursed in a crisis situation.
[16 April 2020; 7 May 2020]
40. Until the day of coming into force of the binding
regulations of local governments provided for in Section 36,
Paragraph six of this Law, but not longer than by 31 December
2021, the types of social assistance benefits laid down in the
binding regulations of local governments, except for the benefit
for ensuring the guaranteed minimum income benefit and housing
allowance, and criteria for the granting thereof shall be
applied.
[24 November 2020; 16 September 2021]
41. The statement of the local government social service
office on conformity with the status of needy or low-income
family (person) which is issued until 31 December 2020 shall be
in force until the end of the time period indicated on the
statement, but not longer than by 30 November 2021, and during
such time period it is the basis for the receipt of the benefits
and reliefs laid down in laws and regulations of the State and
local government.
[24 November 2020]
42. If the benefit for ensuring the level of guaranteed
minimum income to a family (person) is granted by 31 December
2020 and the disbursement thereof continues after 1 January 2021,
a local government social service office shall ensure
recalculation of the abovementioned benefit in conformity with
the laws and regulations regarding granting the guaranteed
minimum income benefit and difference for the time period from 1
January 2021 shall be disbursed by 1 April 2021.
[24 November 2020]
43. Amendment regarding the new wording of Section 3,
Paragraph 1.1, Section 35, Paragraph one, Clause 2,
Paragraphs three and four and Section 36, Paragraph five of this
Law shall come into force on 1 July 2021.
[11 March 2021]
44. In order to provide assistance in solving housing issues,
a local government social service office shall, during the time
period from 1 January 2021 to 30 June 2021, be entitled to grant
a housing allowance in conformity with the legal framework
regarding a housing allowance until 31 December 2020 laid down in
this Law and binding regulations of the local government. A local
government shall disburse a housing allowance from the funds of
the local government budget.
[24 November 2020; 11 March 2021]
45. If until 30 June 2021 a family (person) has been granted a
housing allowance in conformity with the binding regulations of a
local government, the local government social service office
shall ensure recalculation of the housing allowance in conformity
with Section 35, Paragraph four and Section 36, Paragraph five of
this Law for the time period from 1 January 2021 until 30 June
2021, applying the expenditure related to use of the housing of
one month in conformity with that laid down in Section 35,
Paragraph three of this Law, taking into account heating
expenditure in the relevant months, and the difference for the
time period from 1 January 2021 shall be disbursed until 31
December 2021.
[11 March 2021]
46. In assessing the material situation of a household for May
2021, for the persons for whom the recalculation and disbursement
of a State pension, a compensation which has been granted in
relation to an accident at work or occupational disease
established, a State social security benefit, and other benefits
related thereto to which the person had the right during the time
period from 1 January 2021 until 30 April 2021 have been
performed in May 2021, the local government social service office
shall apply to the person the amount disbursed in April 2021 if
the person applies to the service in June, or the amount
disbursed in June 2021 if the person applies to the service after
30 June 2021.
[11 March 2021]
47. If COVID-19 infection has been detected to the clients of
such institution where the social services with accommodation are
provided by a social service provider founded by a local
government or State or such social service provider who has
entered into a contract with a local government or State for the
provision of the abovementioned services, the service provider
shall, in addition to the maximum amount of supplements laid down
in Section 14, Paragraph two of the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities, determine a supplement for the personnel involved in
the care in conditions of increased risk for the care of the
infected clients and contact persons of such clients in the
amount of up to 50 per cent of a monthly wage for the period
between 1 September 2021 and 31 March 2022. The abovementioned
supplement may also be determined for the personnel involved in
testing of persons for the detection of SARS-CoV-2 antigen.
[16 September 2021; 20 January 2022]
48. Additional expenditures of local governments for
supplements in institutions founded by a local government and
institutions with which a contract has been entered into for the
provision of the services referred to in Paragraph 47 of the
Transitional Provisions in the amount of 50 per cent of the
actual additional expenditures of local governments shall be
covered from the State budget programme "Funds for Unforeseen
Events" in compliance with the following conditions:
1) in order to receive an earmarked grant, the local
government shall, by the tenth day of the month following the
reporting month and in accordance with the laws and regulations
regarding the procedures by which the Treasury ensures electronic
information exchange by using the information system of the
Treasury "Information System for Budget Reports of Ministries,
Central State Institutions and Local Governments", submit a
report, including the following information therein:
a) the financing disbursed by the local government for the
supplements in institutions founded by the local government and
in institutions with which a contract has been entered into for
the provision of the services referred to in Paragraph 47 of the
Transitional Provisions;
b) the number of institutions, the number of COVID-19 positive
clients, and the number of persons involved in the care who have
received the supplement;
c) the account of the local government with the Treasury or a
credit institution for the receipt of an earmarked grant and for
making expenses;
2) the Ministry of Welfare:
a) within 10 working days after evaluation of the report and
recognition thereof as conforming shall make the payment of the
earmarked grant to the local government;
b) is entitled to conduct random control of the use of the
earmarked grant, requesting additional information from the local
government;
c) if any errors in the report or violations in the granting
and disbursement of supplements are established, shall
discontinue the disbursement of the earmarked grant until
clarification of the report or elimination of the violations;
after clarification of the report or elimination of the
violations shall make a re-calculation and make payments for the
previous period and the unjustly disbursed resources shall be
deducted from the resources provided for the local government in
the following month.
[16 September 2021]
49. In order to compensate for additional expenditures for
supplements in institutions with which the Ministry of Welfare
has entered into a contract for the provision of the services
referred to in Paragraph 47 of the Transitional Provisions, the
Ministry of Welfare and the abovementioned institutions shall
enter into an additional agreement to the contract entered into
for the supplements above the specified contract prices and it
determines the information to be included in the report, the
procedures for submission thereof, the control conditions, and
the procedures for receiving financing.
[16 September 2021]
50. In 2022 and 2023, the State shall, in conformity with the
appropriations granted in the annual State budget law, provide
support for the increase of remuneration for carers who are in an
employment relationship with long-term social care and social
rehabilitation institutions founded by a local government or with
such long-term social care service providers who have entered
into a contract with a local government for the provision of the
abovementioned services. The type and amount of support and the
conditions for the receipt thereof shall be determined by the
Cabinet.
[15 November 2021]
51. Amendment regarding the new wording of Section 28,
Paragraph 1.1 of this Law shall come into force on 1
January 2026. In order to ensure that the abovementioned norm is
met, single earmarked subsidies shall be disbursed to local
governments from the State budget funds until 31 December 2025
for the establishment of health points at long-term social care
and social rehabilitation institutions of the State and local
governments which are registered in the Register of Social
Service Providers and at those long-term social care and social
rehabilitation institutions which ensure such services on the
basis of a contract which has been entered into with the State or
local government.
[28 September 2023 / The abovementioned amendment
shall be included in the wording of the Law as of 1 January
2026]
52. Amendment to Section 12 of this Law regarding the new
wording of Paragraph six and Paragraphs seven and eight of this
Section shall come into force on 1 January 2024.
[8 March 2023]
53. Amendment regarding the new wording of the title of
Section 13 of this Law and Paragraphs eight, nine, and ten of
this Section, and also amendment regarding the new wording of
Section 33 of this Law shall come into force on 1 July 2023.
[8 March 2023]
54. If a housing allowance for June 2023 and subsequent months
has been granted to a household until 31 May 2023, the social
service office of the local government shall perform
re-calculation thereof, applying the current declaration of
subsistence means in accordance with the legal framework laid
down in Section 35, Paragraphs four and five of this Law in force
as on 1 June 2023 without a repeated submission of the
person.
[8 March 2023]
55. If the guaranteed minimum income benefit for July 2023 and
subsequent months has been granted to a household until 30 June
2023, the social service office of the local government shall
perform re-calculation thereof, applying the current declaration
of subsistence means in accordance with the legal framework laid
down in Section 33, Paragraphs two and five of this Law in force
as on 1 July 2023 without a repeated submission of the
person.
[8 March 2023]
56. If the status of a needy or low-income household for July
2023 and subsequent months has been granted to a household until
30 June 2023, the social service office of the local government
shall, on the basis of a submission of the submitter and the
current declaration of subsistence means, re-assess the
conformity of the household with the status of a needy or
low-income household in accordance with the legal framework laid
down in Section 33, Paragraphs three, four, and five of this Law
in force as on 1 July 2023 without a repeated submission of the
person.
[8 March 2023]
57. Within the framework of the European Union policy
instruments, the costs for the unemployed persons with disability
or predictable disability referred to in Section 15.1,
Paragraph 1.2, Clause 1 of this Law shall be
applicable from 1 January 2023.
[28 September 2023]
58. Section 1, Clauses 42 and 43, Section 13, Paragraph one,
Clause 14 of this Law, amendments to the first and third
sentences of Section 13, Paragraph 2.1 of this Law,
amendment to Section 13, Paragraph 2.3 of this Law
regarding the limited liability company Children and Adolescent
Resource Centre and the association Resource Centre for People
with Mental Disabilities "ZELDA", amendment to Section
13.1, Paragraph one, and Section 26.1 of
this Law shall come into force on 1 November 2023.
[28 September 2023]
59. Adult persons with mental impairments to whom a disability
has been determined have the right to receive the service
specified in Section 13, Paragraph one, Clause 14 of this Law in
accordance with the following procedures:
1) from 1 November 2023 - adult persons with mental
impairments and Group I or Group II disability;
2) from 1 January 2026 - in addition to that specified in
Sub-clause 1 of this Clause, also adult persons with mental
impairments and Group III disability. Until 1 January 2026, the
local government may provide the supported decision-making
service for the abovementioned groups of persons at its own
expense.
[28 September 2023]
60. For the purpose of ensuring the provision of the services
referred to in Section 13, Paragraph one, Clause 12.1
of this Law from 1 January 2024, the National Health Service
shall, by 31 December 2023, in accordance with the procedures for
the selection of service providers as laid down in the laws and
regulations regarding the procedures for the organisation of and
payment for health care services, select mobile teams for the
provision of the palliative care services at the place of
residence of the patient, taking into account that in 2024 the
amount of the financing for social services provided per person
shall constitute EUR 52.20 per day. The Ministry of Welfare shall
enter into a contract with the National Health Service and the
service provider for the financing of the services specified in
Section 13, Paragraph one, Clause 12.1 of this Law
starting from 1 January 2024.
[28 September 2023]
61. The Cabinet shall, by 1 January 2024, issue the
regulations referred to in Section 13, Paragraph one, Clause
12.1 of this Law.
[28 September 2023]
62. Amendment to Section 4, Paragraph six of this Law
regarding the granting of financial resources to a specific
employee involved in child care for the purchase of child's food,
clothing, and other goods and services corresponding to his or
her individual interests shall come into force on 1 July
2024.
[28 September 2023]
Informative
Reference to European Union Directives
[6 December 2012; 14 November
2013; 26 November 2015]
This Law contains legal norms arising from:
1) Council Directive 2003/109/EC of 25 November 2003
concerning the status of third-country nationals who are
long-term residents;
2) Directive 2004/38/EC of the European Parliament and of the
Council of 29 April 2004 on the right of citizens of the Union
and their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC) No
1612/68 and repealing Directives 64/221/EEC, 68/360/EEC,
72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC (Text with EEA relevance);
3) Council Directive 2004/81/EC of 29 April 2004 on the
residence permit issued to third-country nationals who are
victims of trafficking in human beings or who have been the
subject of an action to facilitate illegal immigration, who
cooperate with the competent authorities;
4) Directive 2011/95/EU of the European Parliament and of the
Council of 13 December 2011 on standards for the qualification of
third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or
for persons eligible for subsidiary protection, and for the
content of the protection granted (recast);
5) Directive 2011/93/EU of the European Parliament and of the
Council of 13 December 2011 on combating the sexual abuse and
sexual exploitation of children and child pornography, replacing
Council Framework Decision 2004/68/JHA;
6) Directive 2013/33/EU of the European Parliament and of the
Council of 26 June 2013 laying down standards for the reception
of applicants for international protection.
The Law shall come into force on 1 January 2003.
The Law has been adopted by the Saeima on 31 October
2002.
President V. Vīķe-Freiberga
Rīga, 19 November 2002
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)