LAW OF THE REPUBLIC OF BELARUS

of December 29, 2012 No. 7-Z

About public welfare payments to the families raising children

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.

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 to children whose parents work in diplomatic representations and consular establishments of the Republic of Belarus, and 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 day form of education outside the Republic of Belarus, the children who left the Republic of Belarus for the term of more than two months (except for children whose parents work in diplomatic representations and consular establishments of the Republic of Belarus, and the children who left the Republic of Belarus for receipt of medical care), 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;

3.2. on the children who are in children's homes, organizations of education with the round-the-clock mode of stay and also on the children placed in the organizations of social servicing performing stationary social servicing.

In case of disposal of children from the organizations specified in part one of this subitem, in family for the term of over one month and also in case of rendering service of care of handicapped children (service of social respite) public welfare payments are granted and paid in accordance with general practice;

3.3. on the children who are in children's homes of corrective labor colonies 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.

5. One type of public welfare payment at their choice is appointed and paid to persons who at the same time have the right to the public welfare payments provided by articles 14 and 15 of this Law.

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 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.

2. Allowance payment on motherhood, in connection with the child's birth, on child care aged up to 3 years to persons which are not specified in Item 1 of this Article, and also child allowances aged from 3 up to 18 years on children is more senior than 3 years from separate categories of families, on the child aged up to 18 years infected with human immunodeficiency virus, on care of the handicapped child aged up to 18 years is made at the expense of means of the republican budget.

3. Control of target use of budget funds of fund on payment of public welfare payments is exercised by Social Security Fund of the population of the Ministry of Labour and Social Protection (further – Social Security Fund of the population), means of the republican budget – the Ministry of Finance.

Article 5. The rights and obligations of the state bodies, other organizations granting and paying public welfare payments

1. The state bodies, other organizations granting and paying public welfare payments for the purposes of appointment and payment of public welfare payments, and also for verification of the documents and (or) data submitted by citizens have the right:

1.1. exercise control of reliability of the documents and (or) data submitted by citizens;

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