Information

Methodological norms for applying the provisions of GEO no. 148/2005 regarding family support

Methodological norms for applying the provisions of GEO no. 148/2005 regarding family support


Information for parents with children born after January 1, 2011: Childcare allowance in 2011

January 2009: Maternity allowance, capped at 4000 lei
NEWS: The law of mothers: maternity allowance, 85% of salary.
DECISION for the approval of the Methodological Norms for applying the provisions of the Government Emergency Ordinance no. 148/2005 regarding the support of the family in order to raise the child.
Pursuant to Article 108 of the Romanian Constitution, republished, and Article 26 of the Government Emergency Ordinance no. 148/2005 regarding the support of the family in order to raise the child The Romanian Government adopts the following decision:
ART.1 - The methodological norms for applying the provisions of the Government Emergency Ordinance no. 148/2005 regarding the support of the family in order to raise the child, provided in the annex which forms an integral part of this decision, are approved.
PRIME MINISTER
Calin POPESCU - TARICEANU
ANNEX
METHODOLOGICAL NORMS
for applying the provisions of the Government Emergency Ordinance no. 148/2005 regarding the support of the family in order to raise the child
CHAPTER I
General dispositions
ART.1 - Benefits from the rights provided by the Government Emergency Ordinance no. 148/2005 regarding the support of the family in order to raise the child, hereinafter referred to as the emergency ordinance, any of the child's natural parents, as well as the person entrusted with the child for adoption, who adopted the child, who has the child in placement or placement under emergency conditions, as well as the person who has been appointed guardian, hereinafter referred to as entitled persons, if they cumulatively fulfill the following conditions:
a) are Romanian citizens or, as the case may be, foreigners or stateless persons;
b) have their domicile or residence in Romania, according to the law;
c) live together with the child / children for whom he / she requests the rights and is in charge of raising and caring for him / her.

ART.2 - (1) The leave and the allowance for the raising of the child, as well as the incentive, shall be due for each of the first three births or, as the case may be, for the first three children entrusted for adoption, adopted or placed in placement or in emergency placement, as well as those for whom the guardianship was instituted.
(2) The state allowance for children is appropriate for each of the children resulting from the first three births or, as the case may be, for the first three children entrusted for adoption, adopted or placed in placement or in emergency placement, as well as those for which guardianship was instituted.
(3) Within the meaning of the provisions of paragraph (1) and paragraph (2) by birth, it is understood to bring one or more living children to the world.
(4) The situation of the child born dead or the situation in which he dies during the period corresponding to the maternity leave is not considered when establishing the first three births for which the rights provided by the emergency ordinance are granted.
ART.3 - The rights provided by the emergency ordinance are granted for the first three births that occurred after January 1, 2006, including, without taking into account the number of births prior to this date.

Chapter II - Monthly leave and childcare allowance

Information for parents with children born after January 1, 2011: Childcare allowance in 2011

Chapter II
Monthly leave and childcare allowance

Article 4 - (1) The monthly leave and childcare allowance provided by the emergency ordinance shall be granted to the entitled persons, if they have obtained professional income subject to income tax, according to the provisions of Law no.571 / 2003 regarding the Fiscal Code, with the subsequent amendments and completions, hereinafter referred to as the Fiscal Code, for 12 months, in the last year prior to the date of the child's birth or, as the case may be, from the date on which the custody was adopted for adoption, the adoption was approved, or the placement or guardianship was instituted.
(2) The rights provided in paragraph (1) also benefit persons who make income subject to income tax but who, according to the law, are exempted from their payment.
(3) In the calculation of the 12 months provided for in paragraph (1), the fraction of the month in which professional income subject to income tax was made, as well as those in which the applicants were in one or more of the the situations provided in art.1 paragraph (2) of the emergency ordinance considered, within the meaning of the emergency ordinance, the whole month.
(4) The 12 months provided for in paragraph (1) may be constituted entirely and only from the periods provided for in article 1 paragraph (2) of the emergency ordinance, except letter a), if the person was in one or more of the following situations:
a) have benefited from unemployment benefit, established according to the law or have completed periods of contribution in the public pension system, under the conditions provided by the normative acts of special character that regulate the collective redundancies;
b) benefited from medical leave and allowances for temporary incapacity for work, caused by common illnesses or accidents outside work;
c) have benefited from medical leave and allowances for the prevention of illnesses and the recovery of the work capacity, exclusively for situations resulting from work accidents or occupational diseases;
d) benefited from medical leave and maternity allowances;
e) benefited from medical leave and allowances for the care of the sick child;
f) benefited from medical leave and maternal risk allowances;
g) have received an invalidity pension;
h) have benefited from holidays and social health insurance benefits provided by the Government Emergency Ordinance no.158 / 2005;
i) they attended the day courses of the university education, organized according to the law, during the normal duration of the respective studies, provided that they graduated with a license or diploma exam. For the purposes of the provisions of art.38 paragraph (1) of Law no.19 / 2000, with the subsequent modifications and completions, the interval between the day on which the day begins and the day on which each academic year ends, respectively October 1, is taken into account. one year - September 30 of the following year;
j) satisfied the military service as a military man in term or military with a short term, during the legally established duration, was concentrated, mobilized or imprisoned;
k) have completed in the public pension system, until January 1, 2006, contribution periods based on a social insurance contract;
l) have benefited from the monthly allowance for child rearing provided by the emergency ordinance.
(5) In the situation in which the birth occurs before the deadline, the period provided for in paragraph (1) is diminished by the period between the date of birth of the child and the presumed date of birth, certified by the specialized doctor.
(6) The persons provided for in art.1 paragraph (2) letter a) of the emergency ordinance are not subject to the provisions of paragraph (4).
ART.5 - For the purposes of the provisions of art.1 paragraph (3) of the emergency ordinance, the revenues from salaries, from independent activities and from agricultural activities are those regulated by the Fiscal Code, at art.55 paragraph (1) and (2), art. .46 paragraph (1) - (4) and Article 71.
Article 6 - (1) The monthly allowance for the raising of the child is granted on the basis of a request, accompanied by the identity document of the applicant and the birth certificate of the child for whom the right is requested, in copy, or, as the case may be, by the family booklet , certified for compliance with the original, as well as supporting documents attesting the fulfillment of the conditions provided by the emergency ordinance.
(2) The supporting documents regarding the composition of the family, the children's affiliation and their legal situation shall be presented in copy, certified for compliance with the original, and are, as the case may be, the following:
a) birth certificates of all children born after January 1, 2006;
b) court decision of entrustment for the adoption, according to the law;
c) court decision to approve the adoption, according to the law;
d) court decision or, as the case may be, decision of the child protection commission for the placement measure, according to the law;
e) decision of the general director of the territorial general directorate for social assistance and child protection or, as the case may be, a court decision, for the measure of placement in an emergency regime, according to the law;
f) court decision establishing the guardianship or, as the case may be, court decision of the Guardianship Authority, according to the law;
(3) The supporting documents regarding the realization of professional income subject to the income tax according to the Fiscal Code are, as the case may be, the following:
a) the evidence released by the employer, from which it can be seen that the entitled person has made salary income;
b) the proof issued by the financial administration, in the case of persons who make incomes from independent or agricultural activities, or were in one of the situations provided for in art. 4 paragraph (4), from which it will be shown that the entitled person has made incomes subject to income tax, according to the Fiscal Code;
c) the certificate issued by the payer of the maternity allowance or, as the case may be, other evidence, from which the last day of maternity leave granted under the conditions of Law no.19 / 2000, with the subsequent modifications and completions;
d) the certificate issued by the payer of the maternity allowance according to the Government Emergency Ordinance no.158 / 2005 regarding the holidays and the social health insurance benefits, from the employer or, as the case may be, from the territorial health insurance house or the agency the county for employment, for the application of art.8, paragraph (1) letter d) of the emergency ordinance;
e) the evidence issued by the competent authorities, by employers or, as the case may be, a statement on their own responsibility, stating the date from which the applicant is on leave for the raising of the child;
(4) The supporting documents regarding the attestation of the situations provided in art.4 paragraph (4) are, as the case may be, the following:
a) the evidence issued by the institution that sent the person in permanent mission abroad, for the situation provided in art.1 paragraph (2) of the emergency ordinance;
b) the evidence released by the territorial agency for employment for the situations provided in letters a) - f);
c) the proof issued by the territorial houses of pensions for the situations provided in letters b) - g) and letter j);
d) the evidence issued by the employer or, as the case may be, by the territorial health insurance house for the situations referred to in letter h);
e) the graduation diploma, the enrollment sheet or the certificate issued by the higher education institution for the situation referred to in letter i);
f) the military booklet or, as the case may be, the certificate or certificate issued by the military center in whose territorial area the entitled person resides, in which the periods and the nature of the respective situation are specified, for the situation referred to in letter j).
(5) Other supporting documents regarding the granting of the monthly allowance are, as the case may be, the following:
a) a declaration on its own responsibility, stating that the other natural parent or, as the case may be, another person provided for in Article 5 paragraph (2) of the emergency ordinance does not benefit from compensation or incentive;
b) declaration on the own responsibility of the entitled person who takes care of the raising and care of the child and that it is not entrusted or given in placement to another person or to an authorized private body or public service;
c) the certificate of inclusion in a degree of disability of the child;
d) the certificate issued by the specialist doctor regarding the certification of the preterm birth;
e) other documents resulting from the fulfillment of the conditions for granting the leave and the allowance for the child's growth.
(6) For foreign nationals or stateless persons, the composition of the family, the children's affiliation and their legal situation are evidenced by the documents issued by the authorities of the country of origin and confirmed by the Romanian authorities or, as the case may be, by the documents issued by the Romanian authorities, as well as with others. documents provided in paragraph (2).
(7) The beneficiaries of a monthly allowance for the raising of the child must submit monthly to the town hall of residence or, as the case may be, to a residence, a certificate from the employer or, as the case may be, a monthly declaration on their own responsibility that they do not make taxable income.
(8) The documents referred to in paragraph (7) shall be transmitted by the town hall to the territorial directorate, on a billboard basis, within 5 days from the date of submission by the beneficiary.
Article 7 - (1) The leave to raise the child is granted on the basis of a request, by the employer where the entitled person carries out his activity.
(2) The monthly allowance shall be granted for the duration of the child-raising leave.
Article 8 - (1) If the entitled person, the beneficiary of the leave and the monthly allowance for raising the child up to 2 years, respectively 3 years in the case of children with disabilities, is born in this period one or more children or is entrusted for adoption, the adoption is approved, one or more children are placed in placement or appointed guardian, the leave to raise the child is extended until the end of the period of granting, according to the law, the leave and the allowance for raising the child.
(2) In the situation provided in paragraph (1), only one allowance is granted.
Article 9 - (1) The rights provided by the emergency ordinance may be requested by the person entitled or, as the case may be, by the legal representative or their representative empowered by a special power of attorney.
(2) The legal representative is the person designated to represent the person entitled if he / she lacks the capacity to exercise the civil rights.
(3) The trustee is the person empowered by the special power of attorney by the entitled person who is in the situation provided in art.1 paragraph (2) letter a) of the emergency ordinance, in order to request and receive the rights provided by it.
(4) The special power of attorney provided for in paragraph (3) is authenticated by the notaries public from the territory of Romania, by the diplomatic missions or consular offices of Romania, is valid for 6 months and must contain the following elements:
a) name, first name, citizenship, date and place of birth, domicile and identity document of the person entitled;
b) the name, first name, identification data (identity document, domicile, date and place of birth) of the agent;
c) the object of the mandate (drawing up the file for requesting and granting the rights provided by the emergency ordinance, opening the current account, collecting the current and overdue rights, signing the account statement);
d) specifying that the agent has the obligations of the person entitled, including the one to announce within the territorial direction any change in the situation of the person entitled to suspend or cease granting the rights, except the one provided in art.7 letter c ) from the emergency ordinance.

Chapter III - The monthly stimulus

Information for parents with children born after January 1, 2011: Childcare allowance in 2011

ART.10 - (1) The stimulus provided for in art.3 paragraph (1) of the emergency ordinance is granted monthly to the entitled persons, during the period in which they make professional income subject to income tax, according to the provisions of the Fiscal Code, or it is in one of the situations provided in art.4 paragraph (4).
(2) During the period during which the incentive is granted, the payment of the maternity allowance or, as the case may be, the monthly allowance for the child's growth shall be suspended.
ART.11 - (1) The incentive is granted on the basis of a request, signed by the entitled person, accompanied by the evidence issued by the employer or, as the case may be, by a declaration on his own responsibility, stating that he makes professional income subject to income tax in accordance with the provisions Fiscal code.
(2) When establishing the right to an incentive, the request is accompanied by the supporting documents provided in art.6, as well as by other supporting documents necessary to establish this right.
(3) In the case of the beneficiaries of the monthly allowance for the growth of the child, the supporting documents submitted at its request shall be taken into account.

Chapter IV - State allowance for children

Information for parents with children born after January 1, 2011: Childcare allowance in 2011

Article 12 - (1) Starting with January 1, 2007, children up to 2 years old, respectively 3 years in the case of children with disabilities, benefit from the state allowance for children in the amount provided in art.4 paragraph (1) letter .a) from the emergency ordinance.
(2) In the situation of children over 2 years old, respectively 3 years in the case of children with disabilities, the state allowance for children shall be granted in the amount provided in art.3 paragraph (1) of Law no. 61/1993, republished .
Article 13 - (1) The state allowance for children is granted on the basis of a request, accompanied by the identity document of the applicant and the birth certificate of the child for whom the right is requested, in original and in copy, certificates for conformity with the original, as well as the documents provided for in Article 6 paragraph (2) and is signed by the person entitled or, as the case may be, by his legal representative.
(2) Until the child with a disability reaches the age of 3 years, the state allowance for children in the amount provided in art.4 letter a) of the emergency ordinance is granted by the Ministry of Labor, Social Solidarity and Family, through the directions territorial.
(3) After the child with disabilities reaches the age of 3 years, the payment of the state allowance for children is granted, under the conditions provided by Law no. 61/1993 regarding the state allowance for children, republished, with the subsequent modifications.
Article 14 - The state allowance for children provided for in Article 12 paragraph (1) is cumulated with the monthly allowance for the child's growth or, as the case may be, with the incentive provided for in Article 4, respectively in Article 10.

Chapter V - Establishing and paying the monthly allowance for child rearing

Information for parents with children born after January 1, 2011: Childcare allowance in 2011

Art.15 - (1) The request regarding the granting of the rights provided by the emergency ordinance, accompanied by the supporting documents, is submitted, as the case may be, by one of the entitled persons, to the town hall of the locality or, as the case may be, to the mayoralty of the sector of the municipality of Bucharest, in whose territorial area it has the domicile or, where appropriate, the residence.
(2) The request regarding the granting of the rights provided by the emergency ordinance shall be completed according to the model provided in annex no.1 by the persons entitled to benefit from a monthly allowance for the child's growth or incentive.
(3) In the situation of the entitled persons requesting only the state allowance for children in the amount provided in art.4 paragraph (1) letter a) the request is completed according to the model provided in Norms no.352 / 1997 approved by the Ministry of Labor, Solidarity Social and Family, accompanied by the supporting documents provided in art.6 paragraph (2).
(4) The requests regarding the granting of the allowance for the raising of the child, regulated by the Law no.19 / 2000, with the subsequent modifications and completions, registered with the payers of rights provided by this law and not resolved until December 31 inclusive, are solved by the territorial directions , taking into account the accomplishment of the conditions of contribution period of 10 months in the last 12 months prior to the date of birth of the child.
Article 16 - (1) The mayors transmit to the county departments of work, social solidarity and family, respectively to the work, social solidarity and family direction of the municipality of Bucharest, hereinafter referred to as territorial directions, based on the bill, until the 10th of each month, the requests referred to in art. 15 paragraph (2) and registered in the previous month, accompanied by the supporting documents.
(2) The mayors have the obligation to verify the documentation submitted by the applicants and to send to the territorial directions only the complete files, with all the supporting documents corresponding to the requested right, provided in art.6 paragraphs (1) - (6).
(3) The request provided for in Article 15 is certified, by signature and stamp, by the mayor or, as the case may be, by the person empowered by it.
Article 17 - (1) The requests provided for in art.15 are solved within 15 working days from the date of registration with the territorial directorate, by decision of approval or, as the case may be, of rejection, issued by the executive director.
(2) The decision referred to in paragraph (1) shall be communicated to the applicant within 5 working days from the date of issuance directly or by post and shall be drawn up in accordance with the model provided in annex no. 2.
(3) In case of rejection of the request, the decision of the executive director shall be accompanied by a reasoning.
(4) The data contained in the request regarding the granting of the rights provided by the emergency ordinance, accompanied by the supporting documents are subject to confidentiality. These may be used only for the purpose of establishing the right to leave and monthly allowance, incentive or state allowance for children and to draw up statistical situations.
Article 18 - (1) The persons who have benefited from the maternity leave and the payment of the related allowance based on the provisions of the Government Emergency Ordinance no.158 / 2005 regarding the holidays and the social health insurance benefits, benefit from a monthly allowance for the child's growth or, as the case may be , by incentive, starting with the day after the one in which the payment of the maternity allowance ceases, but not earlier than the 43rd day from the date of birth of the child, if the application is submitted within 60 working days from that date.
(2) The entitled persons who do not fulfill the conditions for granting the maternity leave and the payment of the related allowance based on the provisions of the Government Emergency Ordinance no. the birth of the child or, as the case may be, with the date of adoption, adoption of the guardianship, placement or custody for adoption, if the application is submitted within 60 working days from that date.
(3) The entitled persons who submit the application over the deadlines provided in paragraphs (1) and (2) benefit from a monthly allowance for the child's growth or an incentive from the date of the application submission.
Article 19 - (1) The payment of the monthly allowance for the raising of the child, the incentive and the state allowance for children shall be made starting with the month following the approval of the request by decision of the executive director.
(2) The amount of the monthly allowance for the child's growth and of the incentive related to the monthly fractions shall be established proportionally, depending on the number of calendar days of the respective month for which they are due and granted.
Article 20 - (1) The payment of the rights provided by the emergency ordinance shall be ensured monthly, by postal mandate, at the domicile of the entitled person, the legal representative or the agent, or at their request, in a personal account opened at a banking unit.
(2) In order to make the payment of the rights based on a postal mandate, the Ministry of Labor, Social Solidarity and Family concludes an agreement with the National Company "Romanian Post" - S.A., which establishes the payment procedures and the tariffs for the services provided, according to the law.
(3) In order to make the payments in a personal current account, the territorial directions conclude agreements with at most two banking units established by auction. The tariffs for the services provided by the banking units are established on the basis of an agreement between them and the territorial departments and may not exceed 2% of the amounts granted.
art.21 - The territorial direction requests from the Ministry of Labor, Social Solidarity and Family the budgetary credits corresponding to the rights provided by the emergency ordinance, until the latest on the 15th of each month.
Article 22 - (1) In applying the provisions of articles 11 and 12 of the emergency ordinance, the competent authorities have the obligation to send to the territorial directions, monthly / quarterly, the nominal table with the persons in situations of nature to generate the cessation or suspension of the rights provided by the ordinance of urgency, as well as the date when they occurred.
(2) The authorities mentioned in paragraph (1) are the following:
a) the town hall, for the situations provided in art.11 letter b) and art.12 paragraph (1) letter.g);
b) the general direction of social assistance and protection of the child, for the situations provided in Article 12 paragraph (1) letter a) - d) and f);
c) the county police inspectorate, for the situations provided in art.12 paragraph (1) letter.e).
Article 23 - (1) The payment of the rights provided by the emergency ordinance shall be suspended in the following situations:
a) the conditions stipulated in art.1 are no longer fulfilled;
b) is in the situations provided for in Article 12 paragraph (1) of the emergency ordinance.
(2) The resumption of the payment of the suspended rights shall be made in the conditions provided by art.12 paragraphs (5) and (6) and art.13 of the emergency ordinance.
Article 24 - If, for 3 consecutive months, registered postal mandates are registered, the payment of the rights provided by the emergency ordinance shall be suspended, following the territorial direction to verify the causes that led to this situation, the provisions of art. 23 paragraph (2) applying -is properly.
Article 25 - (1) The suspension or, as the case may be, the cessation of payment of the rights provided by the emergency ordinance shall be made by decision of the executive director and communicated to the beneficiary within 15 days.
(2) The model of the decision referred to in paragraph (1) is provided in annex no. 3.

Chapter VII - Transitional and final provisions

Article 26 - (1) In order to ensure in the system of social health insurance of the beneficiaries of the monthly allowance for the child's growth, the territorial departments have the obligation, on a monthly basis, to transfer, to the county health insurance houses, the individual contribution of social health insurance and to transmit the nominal table regarding the beneficiaries.
(2) The territorial divisions send to the Ministry of Labor, Social Solidarity and Family, until the 15th of each month for the previous month, the substantiation of the credits necessary for the payment of the social health insurance contribution for the persons receiving the monthly childcare allowance.
Article 27 - (1) The provisions of the emergency ordinance also apply to persons who, as of December 31, 2005, are in the payment of the monthly allowance for the child's growth, regulated by Law no. 19/2000, with subsequent amendments and completions, in which condition provided in art.1 paragraph (1) of the emergency ordinance, regarding the accomplishment in the last 12 months prior to the date of birth, of incomes subject to income tax, is considered to be fulfilled.
(2) For the persons mentioned in paragraph (1) the right to a monthly allowance for the child's growth and incentive is granted starting with January 1, 2006, if the application is filed within 90 working days from that date, respectively from the date of the application, if the application was submitted after this deadline.
Article 28 - The persons who, on January 1, 2006, receive professional income subject to income tax benefit, according to the provisions of the Fiscal Code, and who were entitled to benefit from the child-raising allowance, regulated by Law no.19 / 2000, with subsequent modifications and completions.
Article 29 - (1) The period in which the child benefits allowance constitutes the period assimilated to the contribution period in the public pension system, in order to establish the rights provided by Law no.19 / 2000, with the subsequent amendments and completions.
(2) In order to register in the public pension system the assimilated periods provided for in paragraph (1), the territorial departments have the obligation to submit monthly, within the term established by the law, to the territorial pension house, the Declaration regarding the nominal record of the insured and of payment obligations to the state social insurance budget, in the format established by the National House of Pensions and Other Social Insurance Rights.
Article 30 - (1) In order to ensure the continuity of the payment for the child-raising allowances established according to the provisions of Law no. 19/2000, the employers, payers of this right, submit to the territorial directions within the domicile of the beneficiaries, the files related to the child-raising allowances in payment in December 2005, including files containing applications for which the law has not yet been established.
(2) The files referred to in paragraph (1) contain, mainly, the following documents in copy, certified for compliance with the original:
a. the request for granting the rights registered with the employer;
b. the birth certificate of the child and, as the case may be, the family booklet;
c. the bulletin (identity card);
d. the certificate regarding the inclusion of the child in a category of persons with disabilities, as the case may be;
e. the certificate, issued by the employers, from which the fulfillment of the conditions of contribution period required by Law no.19 / 2000, with the subsequent modifications and completions, the situation of opening the right to the allowance for the raising of the child and the duration of the grant. The model of the certificate is the one provided in annex no.4.
(3) In order to prepare the evidence regarding the child-raising allowance, the persons whose child-raising allowance rights are subject to paragraph (1), submit only the application for granting, starting with January 1, 2006, to the town hall within the domicile radius. of the child-raising allowance regulated by the emergency ordinance, in which case the procedural conditions provided by GEO no. 148/2005 are considered to be fulfilled.
Article 31 - În aplicarea prezentelor norme metodologice, Ministerul Muncii, Solidaritatii Sociale si Familiei poate emite precizari sau instructiuni care se aproba prin ordin a