Comments

Childcare allowance in 2014

Childcare allowance in 2014

Childcare allowance in 2014.

The child-raising allowance is maintained in 2014 at 85% of the average of the net income registered in the last 12 months prior to birth, this value being instituted at the end of 2012. Also, according to the regulations, the parents receive compensation regardless of the number of children, not only for the first 3 births, as provided by the old norms in this matter.
The child growth allowance represents 85% of the average of the incomes obtained in the last 12 months, this value being established at the end of 2012 by Law no. 166/2012. Also, according to the provisions established then, the leave and the allowance for raising children are granted for each of the births. This under the conditions in which, until October 2012, the law limits the granting of leave and allowance to 3 births.


According to GEO no. 111/2010, the normative act regulating the regime for granting the monthly allowance, parents can choose between a leave to raise the child up to one year (3 years for the child with a disability) and a leave to raise the child up to 2 years. In both cases, the legislation regulates the minimum and the maximum amount of the monthly allowance, referring it to the reference social indicator, which in 2014 is worth 500 lei.
Therefore, if he opts for leave until the child reaches the age of one year, the smallest amount of the allowance will be 600 of law, and the largest can be maximum 3400 lei.

Instead, for parents who choose one 2 years leave, the allowance will be between 600 lei and maximum 1200 lei.
Attention! The beneficiary's option regarding the duration of the child-raising leave is expressed in writing, on the basis of a request, and cannot be changed during the granting of the rights.
According to the provisions, the level of the monthly allowance is increased by 600 lei for each child born from a twin pregnancy, triplets or multiplets, starting with the second child from such a birth.

Who can benefit from the child-raising allowance?

According to the legal provisions, the monthly allowance is only for the applicants who cumulatively fulfill the following conditions:

  • are Romanian citizens, foreign or stateless;
  • they have their domicile or residence on the territory of Romania;
  • live in Romania together with the child / children for whom he / she requests the rights and is in charge of raising and caring for him / them.

Moreover, starting with 2012, in order to maintain the right to leave and compensation, the beneficiaries who have rights established for at least 6 months have the obligation to pay their local taxes and taxes compared to the local budget for the property they own.. Otherwise, they risk being suspended their allowance. However, from this rule are exempted the single persons who take care of the raising and care of one or more children.

According to the provisions, the agencies for payments and social inspection verify the fulfillment of this obligation until January 31 of each year, for the payment obligations to the local budget for the previous year. In this sense, they send to the mayors a centralizing table that includes the beneficiaries of the existing payment allowance and whose rights are established for at least 6 months. The mayors verify that the beneficiaries paid for the previous year the payment obligations to the local budget and draw up the centralizing situation with the people who did not respect this condition, which they send to the territorial agencies.
The legal norms establish, however, and a grace period of 60 days for those who have not paid their local taxes for the previous year, during which they can pay this debt and thus avoid suspending the payment of the allowance. So, they can pay their taxes by March 31 of each year.
If the beneficiaries have not paid their debts up to this date, their right to child-raising allowance shall be suspended for a period of 5 months, starting with the rights for April.

On the other hand, if the beneficiaries pay their legal obligations to the local budget during the 5 months of suspension, the payment of the indemnity is resumed starting with the month following the one in which the obligation was paid, including for the rights due during the suspension period. However, if during these 5 months the debts are not paid, the right to compensation ceases.

The documents to be filed in order to receive compensation

The allowance is granted on the basis of a request, accompanied by:

  • a copy of the identity document of the applicant and the birth certificate of the child for whom the right is requested or, as the case may be, of the family booklet, certified for compliance with the original by the person receiving the documents;
  • the supporting documents regarding the quality of the applicant and his / her relationship with the child / children for whom he / she requests the right, as the case may be;
  • the supporting documents attesting that in the last year prior to the date of the child's birth they made incomes for 12 months;
  • the evidence issued by the employer or the competent bodies regarding the incomes obtained;
  • the evidence regarding the suspension of the activity for the period in which the leave for raising the child is requested;
  • any other documents attesting the fulfillment of the eligibility conditions.

The applications for granting the child-raising allowance and the documents from which the legal conditions for granting it are fulfilled shall be submitted to the town hall, the city, the municipality, respectively the sectors of the municipality of Bucharest, in the area in which the applicant has his domicile or residence.
Until the 5th of each month, the mayors have the obligation to transmit the applications registered in the previous month, accompanied by the supporting documents, to the agencies for county social benefits, respectively of the municipality of Bucharest. The requests are solved within 15 working days from the date of registration with the territorial agency, by decision of admission or rejection. The decision shall be communicated to the applicant within 5 working days from the date of issue.

When does the right to compensation cease?

The right to pay the child's growth allowance ceases definitively starting with the day following the one on which:

  • the child has reached the age of 2 years, respectively 3 years, in the case of the disabled child;
  • the death of the child took place;
  • the beneficiary has not fulfilled its obligations to the local budget within the term provided by law.
  • On the other hand, the payment of the allowance can only be suspended for a certain period of time. Thus, according to GEO no. 111/2010, the right to this aid is suspended starting with the day following the one on which:
  • the beneficiary is deprived of parental rights;
  • the beneficiary is removed, according to the law, from the exercise of the guardianship;
  • the beneficiary no longer fulfills the conditions provided by law in order to entrust the child for adoption;
  • the beneficiary no longer fulfills the conditions provided by the law in order to maintain the placement measure;
  • the beneficiary executes a sentence deprived of liberty or is in preventive arrest for a period greater than 30 days;
  • the child is abandoned or admitted to a public or private institution;
  • the beneficiary has died;
  • in the situation in which the beneficiary changes his citizenship or no longer lives in Romania;
  • the beneficiary realizes income subject to tax and the child has not reached the age of one year, 2 years, respectively 3 years in the case of the disabled child;
  • it is found that for 3 consecutive months, postal orders returned are registered;
  • the beneficiary did not pay his local taxes and taxes within the term provided by law.

Careful! The payment of the child-raising allowance is not suspended in the event that the beneficiaries of this allowance receive various amounts based on the law, the collective labor contract or the individual employment contract, granted during the period for the child-raising leave, other than those resulting from the actual development of a child activities during the holidays. The provisions also apply to local councilors.
According to the provisions, in the situations of suspension of the right to the allowance, the payments can be resumed if the beneficiary "pays" his obligations and files a request demonstrating this. In addition, the resumption of payments can be made even to another entitled person, if he meets the requirements provided by law.

Thus, the right is appropriate and granted to the new beneficiary from the date of suspension, if the application was filed within 60 working days from the date on which the suspension was produced, respectively from the date of the request, if the application was submitted after this term .

Source: www.avocatnet.ro

Tags Income for compensation Compensation file