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LAW OF THE REPUBLIC OF MOLDOVA

of June 13, 2008 No. 133-XVI

About social benefit

(as amended on 18-03-2021)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of the law

This law regulates the legal base of providing equal opportunities to needy families by means of purpose of social benefit for achievement of the level guaranteed by the state.

Article 2. Law purpose

The purpose of this law is providing to needy families of the minimum guaranteed monthly income by means of purpose of social benefit according to assessment of the comprehensive average monthly income of family and its needs for the public assistance.

Article 3. Basic concepts

In this law the following basic concepts are used:

family - two or more persons who are living in one dwelling and having the general budget. Also any adult person who is not part of any family has the rights of family;

the applicant - one of adult family members concerning whom the judicial measure of protection in the form of guardianship, or the legal representative of family who submitted the application for provision of social benefit is not established;

social benefit - the monthly money payment provided to needy family;

benefit for the cold period of year - the monthly fixed money payment provided for the periods January-March and November-December to needy family;

the minimum guaranteed monthly income of family - the calculated minimum level of the monthly income of family guaranteed by the state;

the comprehensive average monthly income of family (further - comprehensive income of family) - the average monthly amount of the means received by family;

the needy family – family which has comprehensive average monthly income less than the minimum guaranteed monthly income and which has score on welfare measures less or is equal to the threshold established for family welfare assessment;

works for the benefit of community – the works, useful to community, organized, managed and controlled primary.

Article 4. Coverage of this law

Operation of this law extends to families which members are citizens of the Republic of Moldova, foreigners specified in part (1) article 2 of the Law on integration of foreigners in the Republic of Moldova No. 274 of December 27, 2011.

Chapter II. Right to social benefit, size and procedure for its appointment

Article 5. Right to social benefit and/or benefit for the cold period of year

(1) the Right to social benefit is granted to needy families if all adult family members are at least in one of the following situations and/or benefit for the cold period of year:

a) reached the age necessary for award of pension according to the legislation;

b) are persons with the established extent of restriction of opportunities;

c) are the unemployed registered in territorial agency of employment of the population and which do not refuse participation in works for the benefit of community;

d) are in the period between the 30th week of pregnancy and 12th week after the delivery if the child is born the dead or dies during postnatal leave, or look after the child aged up to three years;

e) look after the members/family members needing leaving according to the conclusion of advisory medical consultation of public medical and sanitary organization;

f) gain income from the salary for complete or part-time, from the business activity or activities connected with use of the farmlands located behind line of settlements.

(1-1) If the minor has full legal capacity according to Article 20 of the Civil code and confirms one of the employment statuses provided in part (1) this Article, then he is considered adult for the purpose of this law. Otherwise he is considered child in accordance with the terms, established by the Government.

(2) Voided according to the Law of the Republic of Moldova of 05.07.2012 No. 160

(3) In case of establishment of the right to social benefit and/or benefit for the cold period of year family members, which are excluded:

a) do not live on the residential address that is confirmed with the social questionnaire;

b) serve custodial sanction;

c) undergo compulsory military service;

d) are on content of the state.

(4) On the situations specified in Item d) parts (1), at the same time different family members only concerning children from different mothers, and can refer to the situations specified in Item e) the same part, - only one family member.

Article 6. Size of social benefit

(1) the Monthly size of social benefit is established as difference between the minimum guaranteed monthly income of family and its comprehensive income.

(2) If the calculated monthly size of social benefit for one family is less than 25 lei, the social benefit is established in the amount of 25 lei a month.

Article 7. The minimum guaranteed monthly income

(1) the Minimum guaranteed monthly income of family represents set of the minimum guaranteed monthly incomes established for each family member.

(2) the Size of the minimum monthly income on each family member is calculated as follows:

a) 100 percent of the minimum guaranteed monthly income for the applicant;

b) 70 percent of the minimum guaranteed monthly income for each following adult family member;

c) 75 percent of the minimum guaranteed monthly income for each child;

d) in addition 30 percent of the minimum guaranteed monthly income for each adult family member with the established extent of restriction of opportunities;

e) in addition 50 percent of the minimum guaranteed monthly income for each child with limited opportunities;

f) in addition 10 percent of the minimum guaranteed monthly income if the single adult family member is person with limited opportunities.

(2-1) For the family members specified in part (1-1) Articles 5, the size of the minimum guaranteed monthly income are calculated depending on the confirmed status – the adult or the child.

(3) the Minimum guaranteed monthly income is indexed annually on April 1 and on October 1. On April 1 the coefficient of indexation equals to the annual average growth of consumer price indexes for the last three years, and on October 1 - to the rate of inflation registered in the first half of the year of the current year. The coefficient of indexation is established by the Government.

Article 8. Comprehensive income of family

(1) In case of establishment of comprehensive income of family income from remunerative work, from all types of business activity, the income from use of farmlands and the parcels of land gained in cash, and also other income types, including property incomes are considered. In case of insurance payments and payments of the public assistance the established sizes are considered.

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