of October 16, 2008 No. 1167
About approval of the Regulations on procedure for establishment and payment of social benefit
For the purpose of execution of provisions of the Law No. 133-XVI of June 13, 2008 on social benefit the Government DECIDES:
1. Approve Regulations on procedure for establishment and payment of social benefit it (is applied).
1-2. Considering the rate of inflation registered in the first semester of 2021 in the amount of % 3,86, since October 1, 2021 the level of the guaranteed minimum monthly income is indexed with coefficient of indexation of 1,0386 and after indexation constitutes 1196 leu.
2. To impose control of execution of this resolution on the Ministry of Health, work and social protection.
first Deputy Prime Minister, Minister of Economy and Trade
minister of social protection, family and child
Minister of Finance
Approved by the Order of the Government of the Republic of Moldova of October 16, 2008 No. 1167
The regulations on procedure for establishment and payment of social benefit (further - provision) determine procedure for establishment and payment of social benefit to the needy families provided by the Law on social benefit No. 133-XVI of June 13, 2008.
1. For the purpose of this provision the used concepts mean the following:
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 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;
the child - person who did not reach age of 18 years. The same legal status is applied also to person who continues full-time courses (for vacation inclusive) before training completion, but no more than before achievement of age of 23 years, and also during the period from the date of completion of the general education till September 1 of the same year;
the applicant - one of family members having full legal capacity who sends request about provision of social benefit. The request can be sent on behalf of family by the defender or other person, the representative properly if concerning all family members with full legal capacity one of measures of protection (the agreement on assistance, the order about protection in the future) or judicial protection (temporary protection, guardianship, guardianship) was established;
benefit for the cold period of year - the monthly fixed money payment provided to needy family for the periods January-March and November-December;
housing - the place of residence at present;
the vehicle - the self-propelled mechanical system intended for transportation of people or freights, equipped and/or not equipped with mechanisms which can perform any works;
works for the benefit of community - the works, useful to community, organized, managed and controlled primary.
2. The right to social benefit and benefit for the cold period of year is provided to needy families which members are the 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.
3. The needy family uses the right to social benefit and benefit for the cold period of year if all her adult members are at least in one of the following situations:
a) reached the age necessary for award of pension according to the legislation;
b) are persons having this or that extent of restriction of opportunities;
c) are the unemployed who are registered in territorial agency of employment of the population and do not refuse participation in works for the benefit of community;
e) look after members/family members who need leaving from the party of the third party, according to the medical certificate of medical and sanitary organization, according to the sample approved by the Ministry of Health, work and social protection;
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.
If the minor has full legal capacity according to Article 20 of the Civil code of the Republic of Moldova No. 1107/2002 and confirms one of the employment statuses provided in part (1) this Item, he is considered adult for the purpose of this provision. Otherwise he is considered child in accordance with the terms of this provision.
4. On the situations specified in the subitem d) Item 3 this provision, at the same time different family members only concerning children from different mothers, and to the situations specified in the subitem e) the same Item, - only one family member can refer.
The situations specified in the subitem f) Item 3 this provision, are confirmed by family members in case of presentation of the personalized reference.
5. In case of establishment of the right to social benefit and/or benefit for the cold period of year are excluded family members who:
a) do not live on the residential address that is confirmed with the social questionnaire;
b) serve sentence in places of detention;
c) undergo compulsory military service,
d) are on content of the state: shelters, boarding schools, boarding houses, other forms of temporary or permanent placement.
5-1. The request about provision of social benefit is registered at the representative of territorial structure of the public assistance in the current location of the requesting family or by phone according to Item 5-2 of this provision.
5-2. The request about provision of social benefit can be registered by phone if it gets under cases for which the industry body of the central public management in the field of social protection established possibility of such request.
5-3. The request is registered if it was expressed, in written or electronically, the consent to processing of personal data, check of provided information, collection and verification of information necessary for consideration of entitlement to benefit, including acceptance to itself of the obligation to return illegally received amounts in case of submission of false or incomplete information, and also acceptance to itself of the obligation to use social benefit for the benefit of family according to Item 39-2 of this provision.
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