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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 16, 2008 No. 1167

About approval of the Regulations on procedure for establishment and payment of social benefit

(as amended on 27-10-2023)

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).

1-1. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.10.2023 No. 806

1-2. Considering indexation coefficient which makes percentage increase in own budget receipts of the national social insurance for 2022 in comparison with 2021 in the amount of % 15,0, since April 1, 2023 the level of the minimum guaranteed monthly income is indexed with coefficient of indexation of 1,15 and after indexation constitutes:

a) on the adult - 1568 lei;

b) on the child - 1631 leu.

1-3. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 27.10.2023 No. 806

2. To impose control of execution of this resolution on the Ministry of Labour and Social Protection.

Prime Minister

Zinaida Grechany

Countersign:

first Deputy Prime Minister, Minister of Economy and Trade

 

Igor Dodon

minister of social protection, family and child

Galina Balmosh

Minister of Finance

Mariana Durleshtyanu

Approved by the Order of the Government of the Republic of Moldova of October 16, 2008 No. 1167

Regulations on procedure for establishment and payment of social benefit

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.

Chapter I. General provisions

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;

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.

Chapter II. Right to social benefit

2. The right to social benefit is also 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 has the right to social benefit if all her adult members are at least in one of the following situations:

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

b) are persons with the heavy or expressed restrictions of opportunities or are persons with average restrictions of opportunities since the childhood;

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;

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 members/family members who for health reasons need leaving from the party of the third party according to the medical certificate of medical and sanitary organization issued according to the sample approved by the Ministry of Health. In the medical certificate the period for which the need for leaving from the party of the third party is ordered shall be specified. If in the medical certificate the period during which person needs leaving from the party of the third party is not specified, the applicant shall provide this conclusion repeatedly in 6 months;

f) gain salary incomes for complete or part-time;

g) perform business activity in the following situations:

1) are founders of the company and as founders for the last 3 months preceding month of filing of application about provision of social benefit gained income in the amount of at least three minimum wages proceeding from the size of the established minimum monthly salary according to the legislation confirmed with the declaration under the personal liability;

2) are owners of the entrepreneurial patent who for the last 3 months preceding month of filing of application about provision of social benefit gained income in the amount of at least three minimum wages proceeding from the size of the established minimum monthly salary according to the legislation confirmed with the declaration under the personal liability;

h) gain income from the activities connected with use being in property and/or the leased farmlands located behind line of settlements, total area 0,5 of hectare on one person suffices, and gained income in previous year of at least 0,5 of the minimum monthly (average monthly) salaries proceeding from the minimum size of the monthly salary established according to the legislation confirmed with the declaration under the personal liability;

i) worked time-workers at least 60 days in total for the last 12 months preceding month of registration of a statement about provision of social benefit, and in case of persons with average restrictions of opportunities - at least 40 days in total for the last 12 months preceding month of registration of a statement.

If the minor has full legal capacity according to Article 26 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 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,

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