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LAW OF THE REPUBLIC OF BELARUS

of December 29, 2012 No. 7-Z

About public welfare payments to the families raising children

(as amended on 08-07-2024)

Accepted by the House of Representatives on December 12, 2012

Approved by Council of the Republic on December 20, 2012

Chapter 1. General provisions

Article 1. The right to public welfare payments to the families raising children

1. The right to public welfare payments to the families raising children (further - public welfare payments), according to this Law have:

1.1. the citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus;

1.2. the foreign citizens and persons without citizenship who are temporarily living in the Republic of Belarus to whom the national social insurance and for them extends and also in cases, stipulated by the legislation about the national social insurance, are paid by them compulsory insurance premiums to the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further - the budget of fund) on social insurance (except for the public welfare payments provided by Articles 14, of 15, 17 and 18 these Laws);

1.3. the foreign citizens and stateless persons who are temporarily staying in the Republic of Belarus to whom the national social insurance and for them extends and also in cases, stipulated by the legislation about the national social insurance, are paid by them compulsory insurance premiums to the budget of fund for social insurance, - regarding the public welfare payments provided by articles 7 and 19 of this Law.

2. The public welfare payments provided by this Law are appointed to the children registered at the place of residence (the place of stay) in the Republic of Belarus (who got permission to temporary residence in the Republic of Belarus) on the date of the request for purpose of public welfare payments, on condition of their actual residence in the Republic of Belarus.

The requirement about the actual residence in the Republic of Belarus does not extend:

on children who have parents (mother (stepmother) and (or) the father (stepfather)) in complete family the parent in incomplete family are directed to work and work in diplomatic representations and consular establishments of the Republic of Belarus;

on the children who left the Republic of Belarus for receipt of medical care.

3. The public welfare payments provided by this Law are not appointed and are not paid:

3.1. on the children living and (or) students in education presentia outside the Republic of Belarus, the children who left the Republic of Belarus for the term of more than two months (for any term - in case of preferential finding of children outside the Republic of Belarus) (except for the children specified in paragraphs second and third to part two of Item 2 of this Article), and also on the children living and registered in the place of stay in the Republic of Belarus which have no registration at the place of residence in the Republic of Belarus in connection with permanent residence outside the Republic of Belarus.

Preferential finding of children outside the Republic of Belarus is determined according to the procedure, established by Council of Ministers of the Republic of Belarus;

3.2. on the children who are:

in children's homes (except for the periods of rendering paid medical service of the medico-public assistance to handicapped children (no more than 56 calendar days in year));

in public institutions of education, the organizations of physical culture and sport in which children are provided with accommodation and food at the expense of means republican or local budgets in the procedure established by the legislation (except for the educational and improving centers, recreation camps and other organizations, the period of finding of children in which constitutes no more than 56 calendar days in year);

in the public institutions of social servicing performing stationary social servicing (except for the periods of rendering service in care of handicapped children (service of social respite), passing by handicapped children of rehabilitation course, abilitation).

In case of disposal of children from the organizations, the organizations specified in part one of this subitem in family for the term of over one month public welfare payments are granted and paid in accordance with general practice.

Public welfare payments, the stipulated in Article 19 these Laws, in the presence of the right to them are appointed and paid in case of disposal of children from the organizations, the organizations specified in part one of this subitem, in family any term;

3.3. on the children who are in houses of mother and child of correctional facilities and also on the children who are held in custody including in temporary detention centers and other places of content of arrested in the law-enforcement bodies and other bodies conducting pre-judicial production, serving sentence in organizations of criminal executive system;

3.4. on the orphan children and children without parental support who are on the state providing in child care residential care facilities;

3.5. on orphan children and children without parental support to whom the state providing in case of receipt by them of professional, secondary vocational, higher education, the additional education of adults got in case of development of contents of the educational program of training of persons for receipt in organizations of formation of the Republic of Belarus is provided;

3.6. on the orphan children and children without parental support who are on the state providing in foster homes, orphanages of family type.

4. On the orphan children and children without parental support who are on the state providing in tutorial families, the public welfare payments provided by Articles 10, 14 and 15 these Laws are not appointed and are not paid.

Article 2. Legal regulation of the relations in the sphere of public welfare payments

1. The relations in the sphere of public welfare payments are governed by the legislation on public welfare payments, the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

2. The legislation on public welfare payments is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Types of public welfare payments

1. According to this Law public welfare payments are granted: benefits on motherhood, family allowances, temporary disability benefits on child care.

2. On motherhood treat benefits:

2.1. maternity allowance;

2.2. benefit to the women who got registered in the organizations of health care to the 12 weeks term of pregnancy.

3. Treat family allowances:

3.1. benefit in connection with the child's birth;

3.2. child care allowance aged up to 3 years;

3.3. benefit to families on children aged from 3 up to 18 years during education of the child aged up to 3 years (further – child allowance aged from 3 up to 18 years);

3.4. child allowance is more senior than 3 years from separate categories of the families determined by this Law (further – child allowance is more senior than 3 years from separate categories of families);

3.5. child allowance aged up to 18 years, infected with human immunodeficiency virus;

3.6. attendance allowance for the handicapped child aged up to 18 years.

4. On child care treat temporary disability benefits:

4.1. temporary disability benefit on care of the sick child aged up to 14 years (the handicapped child aged up to 18 years);

4.2. temporary disability benefit on child care aged up to 3 years and the handicapped child aged up to 18 years in case of disease and (or) stay in stationary conditions in the organization of health care of mother or other person which is actually performing child care;

4.3. temporary disability benefit on care of the handicapped child aged up to 18 years in case of its sanatorium treatment, medical rehabilitation, medical abilitation.

Article 4. Funds for payment of public welfare payments, control of their target use

1. Allowance payment on motherhood, in connection with the child's birth, on child care aged up to 3 years, on temporary disability on child care to persons to whom the national social insurance and for them extends and also they in cases, stipulated by the legislation about the national social insurance, pay compulsory insurance premiums to the budget of fund for social insurance, is made by budget funds of fund.

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