of July 14, 1999 No. 499-XIV
About the public social benefits to some categories of citizens
The parliament adopts this organic law.
For the purpose of this law the following basic concepts are used in value:
the public social benefit (further - benefit) - the sum of money paid monthly or one-timely from the government budget to persons, not the corresponding conditions for receipt of pension entitlement according to the Pensions act of the national social insurance;
persons with the heavy, expressed and average limited opportunities are persons with limited opportunities which do not have the insurance years of service necessary for award of pension by limited opportunities;
children with the heavy, expressed and average limited opportunities are children aged up to 18 years concerning which the heavy, expressed and average restriction of opportunities is set;
the children who lost the supporter - the children aged up to 18 years who lost one or both parents;
elderly persons are the persons who reached the established retirement age, but not having required insurance years of service for award of pension on age.
family members - the husband (wife), children, parents.
(1) the categories of persons specified in Items and) - e have the Entitlement to benefit) Articles 3, which do not correspond to conditions for receipt of the right to award of pension of the national social insurance, from among citizens of the Republic of Moldova, and also foreign citizens living in the territory of the Republic of Moldova on legal causes, in accordance with the terms, provided by the current legislation.
(2) in case of compliance of person to conditions for receipt of several types of the benefits established by this law, except for attendance allowances, to maintenance and supervision it is granted one allowance.
Persons of the following categories have entitlement to benefit:
a) persons with the heavy, expressed and average limited opportunities;
b) persons with the heavy, expressed and average limited opportunities since the childhood;
c) children with the heavy, expressed and average limited opportunities aged to 18 years;
d) the children who lost the supporter;
e) persons which reached retirement age;
f) persons performing leaving, maintenance and supervision of the child with heavy limited opportunities aged to 18 years;
g) persons with heavy limited opportunities since the childhood - for leaving, maintenance and supervision;
h) blind persons with heavy limited opportunities - for leaving, maintenance and supervision.
Purpose of benefits is performed by territorial cash desks of social insurance.
The benefits established according to this law are paid from means of the government budget through the budget of the national social insurance.
(1) the Application for provision of benefit is submitted personally or through the representative appointed by the power of attorney or by means of representative powers based on the digital signature introduced in the Register of representative powers based on the digital signature in territorial cash desk of social insurance at the place of residence.
The benefit in case of children with the heavy, expressed or average limited opportunities to 18 years is appointed by territorial cash desk of social insurance of mother, and in case of the death of mother - to the child's father, owing to powers, based on the data which are available in the state information resources received through interoperability platform.
If legal representative of the child is the father, in situations, excellent from specified in the second offer, or the guardian (custodian), the allowance is granted based on the application submitted by it personally or through the representative appointed by the power of attorney or by means of representative powers based on the digital signature introduced in the Register of representative powers based on the digital signature in territorial cash desk of social insurance at the place of residence from the date of receipt of the right.
The national cash desk of social insurance notifies the corresponding receivers on purpose of benefit according to the legislation.
(1-1) Benefits are appointed and paid in the following terms:
a) benefit for persons with the heavy, expressed and average limited opportunities, persons with the heavy, expressed and average limited opportunities since the childhood - from the date of establishment of extent of restriction of opportunities with the National consultation of establishment of restriction of opportunities and working capacity if the statement and necessary documents were filed to 90-day time from the date of decision about establishment of extent of restriction of opportunities;
b) benefit to children on the occasion of loss of the supporter - from the date of the death of the supporter if the statement and necessary documents were filed to 90-day time from the date of death;
c) benefit to elderly persons - from the date of achievement of retirement age if the statement and necessary documents were filed to 90-day time from this day;
d) attendance allowance, to maintenance and supervision:
- to persons specified in Item and) parts (1) Articles 14, - from the date of purpose of benefit for person with limited opportunities;
- to persons specified in Items b) and c) parts (1) Articles 14, - from the date of purpose of benefit for person with limited opportunities or pensions on restriction of opportunities;
e) benefit for burial - within three working days from the date of filing of application with necessary documents.
(2) In cases of excess of the terms specified in Items and), b) and c) parts (1-1), the corresponding allowances are granted and paid from the date of filing of application with necessary documents.
(3) In case of change of number of receivers the new size of benefit to children on the occasion of loss of the supporter is established since the month following after month in which there were new circumstances.
(4) After each re-examination extent of restriction of opportunities remains former, it changes or cancelled according to the solution of the National consultation of establishment of restriction of opportunities and working capacity or its structures. Change and cancellation of social benefit are performed since the month following after month in which the relevant decision was passed.
(5) Absence on re-examination involves the termination of allowance payment from next month. Allowance payment is resumed from the date of establishment of restriction of opportunities if re-examination was performed in three-year time from the date of the payment termination.
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