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Draft REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON STATE BENEFITS TO FAMILIES RAISING CHILDREN 3 November 1994 No. I-621 Vilnius (new edition by 18 May 2004 No. IX-2237) (As amended by 29 September 2004 No. IX-2470) Article 1. Revised version of the Law of the Republic of Lithuania on State Benefits to Families Raising Children The Law of the Republic of Lithuania on State Benefits to Families Raising Children shall be amended and set forth to read as follows: LAW OF THE REPUBLIC OF LITHUANIA ON BENEFITS TO CHILDREN CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law and its Application 1. This Law shall define the types of benefits to children, their amounts, categories of persons entitled to benefits, conditions, procedure and financing of the allocation and payment of these benefits. 2. This Law shall apply to persons whose permanent residence is in the Republic of Lithuania. 3. A birth grant, a child benefit and a benefit to a child of a serviceman of the initial mandatory military service (hereinafter referred to as a conscript’s child) shall be awarded if at least one parent of the child satisfies the conditions of the provision of paragraph 2 of this Article and the child is permanently residing in the Republic of Lithuania together with the parent. Article 2. Main Definitions of this Law 1. “Child under guardianship” means a child who in accordance with the procedure prescribed by law has been placed under temporary or permanent guardianship or curatorship. 2. “Child benefits” (hereinafter referred to as benefits) means periodic and lump-sum cash benefits that are awarded and paid under the conditions and in the manner prescribed by this Law to children raised in families, children under guardianship, pregnant women, as well as a grant for housing. 3. “Minimum standard of living” (hereinafter referred to as “MSL”) means the amount of minimum standard of living approved by the Government in accordance with the procedure established by the Law of Republic of Lithuania on Individual Income Security. 4. “Persons permanently residing in the Republic of Lithuania” means citizens of the Republic of Lithuania whose data on the place of residence in the Republic of Lithuania or data on the municipality in which they live if they have no place of residence, have been entered into the Register of Residents of the Republic of Lithuania or aliens and persons without citizenship who permanently reside in the Republic of Lithuania. 5. “Socially dysfunctional family” means a family in which a crisis prevails because one or several family members abuse alcohol, narcotic drugs, psychotropic or toxic substances or (and) are dependent on gambling, or (and) because of the disability, poverty, lack of social skills the above mentioned persons cannot or do not know how to take care for children, or (and) use physical force, psychological or sexual abuse, or (and) use the granted state support for the interests other than family. 6. “Family” means spouses or cohabiting persons, as well as a married person with whom by the court’s judgment their children have stayed to live because of the separation of the spouses, or one of the parents, their children and adopted children aged under 18. The family shall also include persons between the ages of 18 and 24 who are unmarried and not cohabitating with another person: full-time pupils and students of general education schools and other institutions of formal education, as well as persons from the day of finishing general education schools which they attended as full-time pupils until 1 September of the same year. The guardian’s (curator’

  1. s)family shall not include children who are placed under guardianship (curatorship) in accordance with the procedure established by law. 7. “Child’s guardian (curator)” means a natural person, social family or non-governmental children’s care institution (agency), which in accordance with the procedure established by law has been awarded the care for the child unattended by the parents, fosterage, protection of the rights and interests as well as representation of the said children. Article 3. Types of Benefits The following benefits shall be paid in the Republic of Lithuania: 1. Benefits to children raised in families: 1) a birth grant; 2) a child benefit; 3) a benefit to a conscript’s child. 2. Benefits to children under guardianship and persons who are placed under guardianship (curatorship): 1) a guardianship (curatorship) benefit; 2) a grant for housing. 3. A pregnancy grant. Article 4. Funding of Benefits Benefits set down by this Law shall be paid from the special targeted grant of the state budget to municipal budgets. CHAPTER II BENEFITS TO CHILDREN RAISED IN THE FAMILIES Article 5. Birth Grant 1. On the birth of a child the family shall be paid a grant amounting to 8 MSLs. 2. The grant shall be paid to one of the parents raising a child (or a lone parent) (adopters) or a guardian. 3. The grant shall not be paid for a child who is maintained in an institution financed by the state or municipality, or a child is dead at the moment of applying. Article 6. Child Benefit 1. A family raising one or two children shall be paid a monthly benefit in the amount of 0.75 MSL for each child from their birth to the age of 3. 2. A family raising three and more children shall be paid a monthly benefit in the amount of 1.1 MSL from the birth of each child to the age of 3. 3. A family raising one or two children between the ages of 3 and 18 years and older who continue in full-time secondary education, shall be paid a monthly benefit of 0.4 MSL for each child. 4. A family raising three or more children between the ages of 3 and 18 years and older who continue in full-time secondary, vocational, post-secondary or higher education, but not longer than until they reach the age of 24, shall be paid a monthly benefit of 0.4 MSL for each child. 5. A child benefit to a person aged over 18, who has finished a general education school which he attended as a full-time pupil, shall be paid until 1 September of the same year. 6. The benefit shall be paid to one of the parents (or a lone parent) (adopters) raising a child (children). 7. Benefit shall not be granted to a child: 1) who permanently or during working days is maintained (bed and food) in an institution financed by the state or a municipality; 2) who is placed under guardianship; 3) who gets married; 4) is emancipated (except for the cases, when the court rules to cancel emancipation). Article 7. Benefit to a Conscript’s Child 1. Each child of a conscript shall be paid a monthly benefit in the amount of l .5 MSL during the service of his father. 2. This benefit shall be paid to the mother of the child of a conscript. If the mother raising the child is not a permanent resident of the Republic of Lithuania, the benefit shall be paid to the child’s father. 3. This benefit shall not be granted to a child who is permanently or during working days maintained (bed and food) in an institution financed by the state or a municipality. 4. The recipient of the benefit for a child of a conscript shall be entitled to the benefit for a child, specified in Article 6 of this Law. CHAPTER III BENEFITS FOR CHILDREN UNDER GUARDIANSHIP, AND BENEFITS FOR PERSONS WHO ARE PLACED UNDER GUARDIANSHIP (CURATORSHIP) Article 8. Guardianship (Curatorship) Benefit 1. A child placed under guardianship in a family, social family or non-governmental guardianship institution, shall be paid a monthly benefit of 4 MSL during the period of the guardianship (curatorship). 2. If upon the expiration of child's guardianship (curatorship) due to attaining majority, emancipation or contracting a marriage, he continues in full-time secondary, vocational, post-secondary or higher education and is unemployed, as well as in the case when both parents (lone parent) (adopters) of the unemployed person die during his school years, he shall be granted and paid a monthly benefit in the amount of 4 MSL while he studies but no longer than until he reaches the age of 24. This benefit shall not be paid to persons who enrolled in a school of the same level more than twice or who enrolled in a school of a lower level. 3. A person aged over 18, who finished a general education school which he attended as a full-time pupil, shall be paid a guardianship (curatorship) benefit until l September of the same year. 4. When a benefit recipient, receiving the guardianship (curatorship) benefit, receives an orphan’s pension in accordance with the procedure established by law and (
  2. or)a periodic monthly payment for child’s maintenance, the amount of the guardianship (curatorship) benefit shall be equal to the difference between the amount of the guardianship (curatorship) benefit and the amount of the said orphan’s pension and (
  3. or)periodic monthly payment for child’s maintenance. 5. The benefit recipient, receiving the benefit defined in paragraph 2 of this Article, shall be entitled to a grant according to his study results. 6. A child under guardianship, who is permanently or during working days maintained (bed and food) in an institution financed by the state or a municipality, shall be paid the benefit, specified in paragraph l of this Article, for the period when the child is with the guardian (curator) and does not receive a daily allowance for meals for that period. The amount of the benefit shall be calculated in proportion to the number of calendar days of the month when the child is with the guardian (curator). 7. The benefit specified in paragraph 2 of this Article shall not be granted if a person is permanently or during working days maintained (bed and food) in an institution financed by the state or a municipality. Article 9. Grant for Housing 1. Upon the expiration of child's guardianship (curatorship) due to attaining the legal age, emancipation or contracting a marriage, persons placed under guardianship (curatorship) shall be given a grant amounting to 50 MSL for the purchase of a dwelling or settlement. 2. The grant for housing shall not be paid to a person who is maintained (bed and food) in an institution financed by the state or a municipality. 3. The grant for housing shall not be paid in cash. It may be used: 1) to acquire a dwelling; 2) to redeem part of the loan for acquisition or building of a dwelling (dwelling-house, apartment); 3) to rent a dwelling; 4) to pay utility charges for a rented dwelling; 5) to repair or renovate a dwelling; 6) to purchase furniture and domestic appliances. CHAPTER IV PREGNANCY GRANT Article 10. Pregnancy Grant A pregnant woman, who is not eligible for a maternity pay under the Law on Sickness and Maternity Social Insurance, shall be granted a lump sum in the amount of 2 MSL upon the 28th week of pregnancy (70 calendar days left before a baby is due). CHAPTER V GRANTING AND PAYMENT OF BENEFITS Article 11. Benefit Granting and Paying Institutions The benefits set down by this Law shall be granted and paid by municipal administrations in pursuance of the regulations relating to child benefit granting and payment, approved by this Law and the Government. Article 12. Benefit Granting and Payment Procedure 1. Benefits, except for the guardianship (curatorship) benefit to the persons who continue in vocational, post-secondary and higher education, shall be granted and paid by the administration of the municipality in the territory of which the person who is entitled to the benefits set down by this Law, has declared his place of residence, and where a person has no place of residence – by the administration of the municipality in which the person resides. 2. The guardianship (curatorship) benefit to the persons who continue in vocational, post-secondary or higher education shall be granted and paid by the administration of the municipality in the territory of which a school operates. 3. A social family and a non-governmental guardianship institution shall be paid benefits by the administration of the municipality in the territory of which the social family or the non-governmental guardianship institution is registered. 4. When applying for benefits, it shall be obligatory to submit all the documents specified in the regulations relating to child benefit granting and payment, necessary for the granting of benefits. 5. The administration of a municipality must within one month from the receipt of all the documents, make a decision on the granting of a benefit and inform the applicant about it. In cases when a decision not to grant a benefit is made, the reasons shall be indicated. 6. In case of a dispute between the parents concerning who will be a benefit recipient, the administration of a municipality shall take into consideration the child's (children'
  4. s)interests when making a decision. 7. The amount of birth grants, grants for housing, as well as pregnancy grants shall be calculated according to the amount of MSL effective in the month when a person becomes entitled to the said benefits. The amount of child benefits, benefits to children of conscripts and guardianship (curatorship) benefits shall be calculated according to the amount of MSL effective in the month for which the said benefits are granted to a person. 8. If a periodical benefit, set down by this Law, is granted for a part of a month, its amount shall be calculated in proportion to the number of calendar days for which the benefit is granted. Article 13. Terms of Application and Payment of Benefits 1. A birth grant shall be given if a person submits an application no later than 12 months from the date of birth of a child. A person who has adopted a child or a guardian of a child shall receive a benefit, provided they apply for it in the course of 6 months from the adoption date or the date of the establishment of guardianship, but not later than until a child reaches one and a half years of age, and if a lump-sum benefit for this child has not been paid previously. 2. A child benefit, a benefit to a conscript’s child and a guardianship (curatorship) benefit shall be granted and paid from the date when a benefit recipient becomes entitled to the said benefit, however, not longer than for last 12 months before the submission of all the documents, necessary for the granting of a benefit, to the administration of a municipality. 3. A grant for housing shall be given to a person who submits an application for such benefit to administration of a municipality before he is 25 years old. 4. A pregnancy grant shall be allocated to a woman who applies for such benefit no later than within 12 months from the date of the issue of a certificate by a health care institution. 5. If a benefit recipient receiving the benefit according to the declared place of residence (where he has no place of residence – according to the municipality he resides in), moves to reside to another municipality, the benefit payment in the previous municipality shall be terminated following the payment of the benefit for the month when the person changed his declared place of residence (where he has no place of residence – the municipality he resides in). In the municipality of a newly declared place of residence (where he has no place of residence – the municipality he settles
  5. in)the benefit shall be granted and paid in accordance with the established procedure, but not earlier than from the month following the month when the person’s declared place of residence (where he has no place of residence – the municipality he resides
  6. in)was changed. 6. When a person to whom a benefit was granted or paid, dies, the due amount of the benefit, which was not paid before the date of death, shall be paid in accordance with the procedure established by the regulations relating to child benefit granting and payment, necessary for the granting of benefits. Article 14. Underpayment, Overpayment of Benefits and Benefit Deduction 1. The administration of a municipality must inform a benefit recipient about his obligations and circumstances influencing the amount or payment of the benefit. 2. The amount of a benefit, underpaid through the fault of the administration of a municipality, shall, by decision of the administration of a municipality, be paid for the whole previous period. 3. The amount of a benefit, overpaid through the fault of a benefit recipient, shall be recovered by decision of the administration of a municipality. Not more than 20 per cent of the amount of a benefit due for a recipient shall be deducted each month from the payable benefit until the complete repayment of the recoverable amount. If the benefit is withdrawn, and the whole overpaid amount has not been recovered, the remainder of the debt shall be recovered in judicial proceedings. Article 15. Provision of Information 1. State and municipal institutions and agencies of the Republic of Lithuania, other legal persons must, at the request of the administrations of municipalities, present free of charge the information necessary for benefit granting allocation and payment. 2. Administrations of municipalities must, according to the procedure established by the Minister of Social Security and Labour, submit data on the benefits paid to families (persons) residing in their territories. Article 16. Appeal against Decisions of Administrations of Municipalities Decisions of the administration of a municipality pertaining to person’s entitlement to benefit referred to in this Law, may be appealed in accordance with the procedure established by the Law on Administrative Proceeding. CHAPTER VI BENEFITS TO SOCIALLY DYSFUNCTIONAL FAMILIES Article 17. Benefits to Socially Dysfunctional Families 1. Families shall be granted benefits, set down by this Law, according to the procedure established by the municipal councils. 2. Benefits to socially dysfunctional families may be granted in one of the following ways: 1) cash benefits to mother or father (stepmother or stepfather) maintaining a child; 2) cash benefits to a child over the age of 16; 3) food, clothing, footwear, personal hygiene items and other goods necessary for children; 4) cards for buying in shops; 5) catering vouchers; 6) services, in compliance with the Law on Social Services; 7) payment for children's meals in schools and day-care centres; 8) payment for maintenance of children in pre-school establishments; 9) other ways established by the municipal councils. CHAPTER VII RIGHTS OF ADMINISTRATIONS OF MUNICIPALITIES AND OBLIGATIONS OF BENEFIT RECEPIENTS Article 18. Rights of Administrating Institutions Administrations of municipalities shall have the right to: 1) interview persons applying for benefits set down by this Law or those receiving them, check their submitted documents and request additional information to prove their entitlement to benefits set down by this Law; 2) inspect the living conditions of the families and upon drawing up a living conditions inspection act, decide whether to consider a family socially dysfunctional. Article 19. Benefit Recipient’s Obligations Persons applying for and receiving benefits set down by this Law shall: 1) submit all the correct information proving the person's entitlement to benefits set down by this Law, as well as documents necessary to receive the benefits; 2) inform the administration of a municipality about the circumstances having influence on the amount or payment of benefits, within a month after the occurrence of such circumstances; 3) provide employees of the administration of a municipality with a possibility to inspect their living conditions; 4) use benefits according to their specific purpose. CHAPTER VIII FINAL PROVISIONS Article 20. Obligation of Administrations of Municipalities to Ensure the Granting and Payment of Benefits Set down by this Law, and to Guarantee the Continuity of Granted and Paid Benefits 1. Administrations of municipalities shall grant and pay benefits set down by this Law from l July 2004 or continue paying the benefits granted prior to the entry into force of this Law, except the guardianship (curatorship) benefit to persons who continue in vocational, post-secondary and higher education. The said benefits shall be granted and paid by these schools until 31 December 2004. 2. Administrations of municipalities shall by 1 July 2004 check the files of recipients of benefits to families raising three and more children, and decide to grant and pay the benefits due according to the provisions of this Law without a new application of the person, and shall inform a benefit recipient about the granting of new benefits. 3. A family raising three and more children, which received a larger benefit for three and more children than the one entitled according to this Law, shall receive the previously granted benefit until the occurrence of other circumstances and until the entitlement to the said benefit expires, but not longer than until a child studying in school reaches the age of 24. 4. Women who prior to the entry into force of this Law have been given a pregnancy grant for a studying woman, but have not received the benefit due for the whole period, shall be paid a benefit the amount of which is equal to the difference between a lump-sum benefit for a pregnant woman and the amount of the paid pregnancy grant for a studying woman. Article 21. Implementation of this Law 1. The Government shall approve the regulations relating to child benefit granting and payment by 30 June 2004. 2. Municipal councils shall by 30 June 2004 establish the procedure for grating benefits to socially dysfunctional families. Article 22. Entry into Force of the Law 1. This Law, except paragraph 3 of Article 6, and Article 21, shall enter into force on l July 2004. 2. The benefit set down in paragraph 3 of Article 6 of this Law shall be granted and paid from 1 July 2004 to the children aged 3 to 7 from the families raising one or two children; the said benefit shall, taking into consideration financial potential of the State and in accordance with the procedure and time limits established by the Government, be granted and started to be paid not later than 1 January 2009 to children aged 7 to 18 and older, who continue in full-time general education, from the families raising one or two children. I promulgate this Law passed by the Seimas of the Republic of Lithuania. ACTING PRESIDENT OF THE REPUBLIC ARTŪRAS PAULAUSKAS

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