Procedures for Payment for Social Care and Social Rehabilitation Services and the Procedures for Covering Service Costs from a Local Government Budget
1. These Regulations prescribe the procedures by which a client who receives a social care or social rehabilitation service (hereinafter - service) pays for the service, and the procedures by which the costs of the service are covered from a local government budget if a client or a provider thereof is unable to pay for the service.
2. A client shall pay for the received service in accordance with an agreement concluded between the client and a provider of the social service. In addition to the general provisions of an agreement specified in the Civil Law the following shall be indicated in the agreement:
2.1. a detailed description of the service;
2.2. the place, where the service was received and the duration of service receipt;
2.3. the price of the service, the total sum of the agreement, the term of payment and penalties; and
2.4. the provisions for termination of the agreement and the procedures for revision of the agreement provisions.
3. If a client is recognised as needy in accordance with the procedures specified in regulatory enactments, his or her provider or providers (hereinafter - provider) shall pay for a service. In this case the agreement referred to in Paragraph 2 of these Regulations shall be concluded between the client, his or her provider and the service provider.
4. If a provider of a client has been recognised as needy in accordance with the procedures specified in regulatory enactments, a local government, which has taken a decision regarding the necessity of a service (hereinafter - local government), shall pay for the service. In this case the agreement referred to in Paragraph 2 of these Regulations shall be concluded between the client, the local government and the service provider.
[4 November 2003; 17 January 2006]
5. The following requirements shall be observed when paying for a service:
5.1. the means at the disposal of a client after the payment for a service (except the payment for a service provided by a long-term social care and social rehabilitation institution (hereinafter - long-term care institution)) may not be less than the level of income and material conditions specified in regulatory enactments regarding the procedures for recognising a family or a person living separately as needy, and not exceeding which a person is recognised as needy;
5.2. if the income of a client prior to the payment for a service is higher than the level specified in Sub-paragraph 5.1 of these Regulations, but the client is unable to pay a full price for the service, the client shall pay a portion of the service price - the difference between the level of his or her income and the income level of a needy person specified in the State. The provider shall cover the remaining portion of the payment for the service until the payment for the service is complete;
5.3. the resources left at the disposal of a provider after payment for a service may not be less than the sum calculated by multiplying the minimum wage determined in the State by the following coefficient:
5.3.1. for a family of one person - 1.0;
5.3.2. for each next family member of a provider - 0.5;
5.4. if the means at the disposal of a provider's family exceed the level specified in Sub-paragraph 5.3 of these Regulations, but the provider is unable to pay a full price for a service, the provider shall pay a portion of the service price - the difference between the level of his or her income and the sum calculated in accordance with the procedures specified in Sub-paragraph 5.3 of these Regulations, which is left at his or her disposal. A local government shall cover the remaining portion of the payment for the service until the payment for the service is complete.
[4 November 2003]
6. A local government, in accordance with financial possibilities, may determine for a client other (more favourable) procedures for the payment for a service.
7. A local government shall implement the Regulations in accordance with the budget resources of the relevant local government.
8. If a client pays for a service in a long-term care institution from a State pension (hereinafter - pension) or from a State social security benefit (hereinafter - benefit), he or she in accordance with the declared place of residence shall submit to the State Social Insurance Agency (hereinafter - the Agency) a written submission regarding the transfer of a part of the pension or benefit - a payment of a service -to the basic budget account of the long-term care institution and regarding the disbursement of the difference between the pension or benefit amount and the amount of payment for the service in the amount specified in Section 29, Paragraph two of the Social Service and Social Assistance Law in accordance with the specified type of disbursement.
[4 November 2003]
9. If a service in a long-term care institution is paid for in accordance with the procedures specified in Paragraph 8 of these Regulations, the duty of a service provider shall be to inform the Agency regarding the amount of subsistence costs and the changes thereof, as well as other changes related to pension or benefit disbursement.
[4 November 2003]
10. If the information regarding changes in the disbursement amount for a service rendered to a client in a long-term care institution has been submitted by the fifteenth day of a month, the Agency shall recalculate the sum to be disbursed henceforth not later than in the next month after the receipt of the relevant information.
[4 November 2003]
11. If a local government has taken a decision regarding the necessity of a service for a concrete person and places such person in a long-term care institution, which is located in the territory of another local government, and the person declares his or her place of residence in the local government in the territory of which the long-term care institution is located, the local government which took the decision regarding the necessity of a service has the right to reduce the amount of the service payments by an amount by which it would received in the relevant financial year as a grant from the local government equalisation fund, or by the amount by which the local government would have made the smallest payments into the local government equalisation fund in conformity with the calculations specified in the Law On the Equalisation of Local Government Finances if the declared place of residence of the person had not changed.
[17 January 2006]
Prime Minister E. Repše
Minister for Welfare D. Staķe
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)