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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA official translation REPUBLIC OF LITHUANIA Law on Social Assistance for PUPILS 13 June 2006 No X-686 (As last amended on 18 January 2007 - X-1033) Vilnius CHAPTER ONE GENERAL PRO

paragraph 2 before 1 March 2007: 2. This Law shall apply to children who study at state or municipal general education schools, vocational schools, pre-school education schools and other places suitable for educating the children (libraries, community centres and other places) (hereinafter referred to as a “school”) according to general education (primary, basic, secondary or special education) curricula or pre-school curricula, except for adult education curricula. This Law shall not apply to children who study according to general education and vocational education curricula simultaneously as well as to children who are maintained in establishments financed by the state or municipality (receive accommodation and meals for free) or children who have been established guardianship (custody) in accordance with the procedure set forth by laws.

paragraph 2 after 1 March 2007:

  1. This Law shall apply to children who study at general education schools, vocational schools, pre-school education schools and other places suitable for educating the children (libraries, community centres and other places) (hereinafter referred to as a “school”) according to general education (primary, basic, secondary or special education) curricula or pre-school curricula, except for adult education curricula. This Law shall not apply to children who study according to general education and vocational education curricula simultaneously as well as to children who are maintained in establishments financed by the state or municipality (receive accommodation and meals for free) or children who receive guardianship (custody) benefit in accordance with the procedure set forth by laws. Article
  2. Definitions
  3. School supplies shall mean individual learning materials (exercise books, calculators, writing, drawing, painting and other learning materials used individually by a pupil), sports clothes and footwear, as well as clothes and other supplies essential for a pupil that are not supplied to pupils in accordance with the procedure set forth by the Republic of Lithuania Law on Education and other laws.
  4. Pupil shall mean a person who studies at school according to pre-school or general education (primary, basic, secondary or special education) curricula, except for adult education curricula. A person who studies according to general education and vocational education curricula simultaneously shall not be treated as a pupil.
  5. Family at social risk shall be interpreted as defined in the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents).
  6. Family shall be interpreted as defined in the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents). Article
  7. Types of Social Assistance for Pupils The following types of social assistance for pupils shall be established: 1) provision of free meals for pupils (breakfast and lunch as well as meals at summer day camps organised in schools); 2) provision of school supplies for pupils.

Article 4before 1 March 2007: Article 4.

Financing of Social Assistance for Pupils

  1. Social assistance for pupils shall be financed from special targeted subsidies from the state budget to municipal budgets, from general appropriations allocated from the state budget to administrations of county governors and the Ministry of Education and Science, funds from municipal budgets and other funds received in accordance with the procedure set forth by laws.
  2. There are the following types of expenses related to social assistance for pupils: 1) expenses for the acquired products (including the value added tax for the acquired goods) when pupils are provided with free meals; 2) expenses for the acquired school supplies (including the value added tax for the acquired goods); 3) expenses for administration of social assistance for pupils (wages to employees, expenses for public utilities, etc.)
  3. The expenses specified in subparagraphs 1 and 2 of paragraph 2 of this Article shall be financed from a special targeted subsidy from the state budget to municipal budgets, and to administrations of county governors and the Ministry of Education and Science - from general appropriations allocated from the state budget and other funds received in accordance with the procedure set forth by laws.
  4. The expenses specified in subparagraph 3 of paragraph 2 of this Article shall be financed from municipal budgets and from general appropriations of the state budget to administrations of county governors and the Ministry of Education and Science and other funds received in accordance with the procedure set forth by laws.
  5. The funds allocated to cover any of the expenses specified in subparagraphs 1 or 2 of paragraph 2 of this Article in a form of a special targeted subsidy from the state budget to municipal budgets, and in the case of administrations of county governors and the Ministry of Education and Science - general appropriations allocated from the state budget and not used during the current year may be allocated to cover other expenses specified in subparagraphs 1 or 2 of paragraph 2 of this Article.

Article 4after 1 March 2007: Article 4.

Financing of Social Assistance for Pupils

  1. Social assistance for pupils shall be financed from a special targeted subsidy from the state budget to municipal budgets, from general appropriations allocated from the state budget to administrations of county governors and the Ministry of Education and Science, funds from municipal budgets, funds allocated by founders of non-state schools and other funds received in accordance with the procedure set forth by laws.
  2. There are the following types of expenses related to social assistance for pupils: 1) expenses for the acquired products (including the value added tax for the acquired goods) when pupils are provided with free meals; 2) expenses for the acquired school supplies (including the value added tax for the acquired goods); 3) expenses for administration of social assistance for pupils (wages to employees, expenses for public utilities, etc.)
  3. The expenses specified in subparagraphs 1 and 2 of paragraph 2 of this Article for pupils of municipal and non-state schools shall be financed from a special targeted subsidy of the state budget to municipal budgets, and the expenses for pupils of state schools - from general appropriations allocated from the state budget to administrations of county governors and the Ministry of Education and Science and other funds received in accordance with the procedure set forth by laws.
  4. The expenses specified in subparagraph 3 of paragraph 2 of this Article shall be financed from municipal budgets, funds allocated by founders of non-state schools and from general appropriations allocated from the state budget to administrations of county governors and the Ministry of Education and Science and other funds received in accordance with the procedure set forth by laws.
  5. The funds allocated to cover any of the expenses specified in subparagraphs 1 or 2 of paragraph 2 of this Article in a form of a special targeted subsidy from the state budget to municipal budgets and not used during the current year may be allocated to cover other expenses specified in subparagraphs 1 or 2 of paragraph 2 of this Article. CHAPTER TWO SOCIAL ASSISTANCE FOR PUPILS Article
  6. Pupils’ Right to Social Assistance
  7. Pupils shall have the right to: 1) free lunch, if monthly income per family member is lower than the amount of 1.5 state-supported income (hereinafter referred to as the “SSI”); 2) free lunch and provision with school supplies, if monthly income per family member is lower than the amount of 1 state-supported income (hereinafter referred to as the “SSI”); 3) free lunch and breakfast and provision with school supplies, if monthly income per family member is lower than the amount of 1 state-supported income and a pupil is raised in the family at social risk).

paragraph 2 before 1 March 2007: 2. In other cases, specified by founders of schools and taking into consideration the living conditions of families, pupils are entitled to: 1) free lunch, if monthly income per family member is lower than the amount of 2 SSI; 2) free lunch, breakfast and provision with school supplies, if monthly income per family member is lower than the amount of 1.5 SSI.

paragraph 2 after 1 March 2007: 2. In other cases, specified in descriptions of the procedure for the provision of free meals for pupils at schools and for the provision of school supplies for pupils of a municipality wherein a decision concerning granting of social assistance for pupils is adopted and taking into consideration the living conditions of a family, pupils are entitled to: 1) free lunch, if monthly income per family member is lower than the amount of 2 SSI; 2) free lunch, breakfast and provision with school supplies, if monthly income per family member is lower than the amount of 1.5 SSI.

paragraph 3 before 1 March 2007: 3. Free meals shall be granted to pupils referred to in paragraphs 1 and 3 of this Article during summer holidays at summer day camps organised in schools.

paragraph 3 after 1 March 2007:

  1. Free meals shall be granted to pupils referred to in paragraphs 1 and 2 of this Article during summer holidays at summer day camps organised in schools.
  2. Free meals provided for under this Law shall not be granted to pupils, if their parents (adoptive parents) are exempt from a fee for meals provided for children in a school dormitory. Article
  3. Calculation of Family Income for Granting Social Assistance for Pupils Family income per month shall be calculated in accordance with the procedure set forth by Chapter Five of the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents). Article
  4. Setting of Prices for the Provision of Free Meals for Pupils
  5. The price of free breakfast, lunch and meals provided at summer day camps organised in schools during summer holidays (taking into consideration the duration of stay of a pupil in the camp per day) for one pupil per day shall be set in accordance with a list of products required for preparing breakfast and lunch according to age groups of pupils approved by the Government or an institution authorised by it.
  6. When setting the prices referred to in paragraph 1 of this Article, the following amount (including the value added tax for the acquired goods) shall be allocated for acquisition of products: 1) 2.6 per cent of the minimum standard of living (hereinafter referred to as the “MSL”) - for lunch; 2) 1.2 per cent of the MSL – for breakfast; 3) 6 per cent of the MSL – for meals provided at summer day camps organised in schools. Article
  7. Compilation of Sets of School Supplies and Setting of their Prices
  8. Individual learning materials shall be included in sets of school supplies and the price of these sets shall be set according to education curricula in conformity with a list of individual learning materials approved by the Government or an institution authorised by it.
  9. The price of a set of school supplies (including the value added tax for the acquired goods) shall not exceed the amount of 120 per cent of the MSL per pupil per calendar year.
  10. Sets of school supplies shall be compiled for each pupil according to his individual needs, taking into account the number of children raised in the family who attend school, the school supplies already obtained and in accordance with the procedure for the provision of school supplies for pupils approved by a municipal council. CHAPTER THREE ADMINISTRATION OF Social Assistance for Pupils Article
  11. Institutions Administering Social Assistance for Pupils

paragraph 1 before 1 March 2007: 1. Founders of schools shall administer the provision of free meals for pupils in schools founded by them.

paragraph 1 after 1 March 2007:

  1. Administrations of county governors and the Ministry of Education and Science shall administer the provision of free meals for pupils in state schools. The administration of a municipality shall administer the provision of free meals for pupils in municipal schools and non-state schools founded in the territory of the municipality.
  2. The administration of a municipality shall administer the provision of school supplies for pupils who have declared their place of residence or who live in their territory. Article
  3. Applying for Social Assistance for Pupils
  4. One of the parents (adoptive parents) of a pupil (hereinafter referred to as the “applicant”) shall apply for social assistance for pupils to the administration of the municipality where he has declared his place of residence or, in the case the place of residence is not declared, to the administration of the municipality where he lives and shall fill in the form of an application for social assistance for pupils approved by the Government or an institution authorised by it and shall attach the required documents prescribed by Article 19 of the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents), except for the data about the property owned by the family.
  5. An applicant may also submit an application for granting free meals for a pupil to the administration of the school that the pupil attends, or which organises summer day camps, in accordance with the procedure for applying for social assistance for pupils approved by a municipal council.
  6. For a pupil to receive free meals and be provided with school supplies from the beginning of a school year, an application must be submitted from 1 August of the current year, and for a pupil to receive free meals from the beginning of a calendar year – from 1 December of the previous year.
  7. If, at the time of applying for social assistance for pupils, the family receives cash social assistance under the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents), the applicant shall submit to the administration of the school, or the municipality where he resides, an application for social assistance for pupils in a free-form format.
  8. If parents (adoptive parents) of a pupil who is raised in the family at social risk do not apply for social assistance for pupils, the school shall inform, in writing, the administration of the municipality in which the pupil resides and shall submit the available information required for granting social assistance for pupils. In such case, it is the school that applies for assistance. Article
  9. Granting of Social Assistance for Pupils
  10. A decision concerning granting social assistance for pupils shall be adopted in accordance with the procedure set forth by the municipality. The form of the decision on granting social assistance for pupils approved by the Government or an institution authorised by it shall be filled in.
  11. Free meals for pupils shall be provided: 1) since the beginning of a school year until the end of a calendar year and since the beginning of a calendar year till the end of a school year; 2) when submitting an application during a school year – since the next day from the day the school receives information about the adopted decision and until the end of a calendar year or the end of a school year; 3) at summer day camps organised in schools during summer holidays, if a pupil was entitled to free meals in the last month of a school year.
  12. School supplies shall be granted in the beginning of a school year.
  13. A decision concerning granting social assistance for pupils shall be adopted within 10 working days from the receipt of an application and all the required documents (where the applicant is a school – since the day of receiving information provided in writing). During this period, a copy of the decision shall be submitted to institutions specified in Article 9 of this Law. These institutions shall, within 3 working days, inform schools in writing about the adopted decision.
  14. The applicant shall be informed about granting social assistance for pupils within 5 working days since the day of adopting the decision. If social assistance is not granted for a pupil, the reasons and the procedure for appealing against the decision shall be specified. The documents submitted by the applicant shall be returned to him and copies of these documents shall remain at the institution which granted social assistance.
  15. Where established that, during the period when a pupil receives social assistance, the pupil looses the right to this assistance due to the change in the circumstances, or that the applicant has submitted incorrect data about the received income, family members or other data required when granting social assistance for the pupil, a decision on terminating the provision of social assistance shall be adopted and, within 3 working days from adopting the decision, submitted to institutions specified in Article 9 of this Law. Social assistance for the pupil shall be ceased from the first day of the next month after the adoption of the decision on terminating the provision of social assistance. Article
  16. Provision of Social Assistance for Pupils

paragraph 1 before 1 March 2007: 1. Pupils are provided with free meals at school that they attend, irrespective of their place of residence, in accordance with the procedure for the provision of free meals for pupils approved by the founder of the school.

paragraph 1 after 1 March 2007:

  1. Pupils are provided with free meals at school that they attend, irrespective of their place of residence. Free meals for pupils of state schools shall be provided in accordance with the procedure for the provision of free meals for pupils at schools approved by administrations of county governors or the Ministry of Education and Science and for pupils of municipal and non-state schools – in accordance with the procedure for the provision of free meals for pupils at schools approved by municipal councils.
  2. Pupils shall be provided with sets of school supplies according to their place of residence in accordance with the procedure for the provision of school supplies for pupils adopted by a municipal council.
  3. Free meals shall be provided at summer day camps organised in schools during summer holidays, if funding is not provided for the organisation of these camps according to the description of the procedure for funding of programmes offering leisure activities for children during the summertime.
  4. Social assistance for pupils may not be provided in cash.
  5. Free breakfast and lunch may be provided on rest days, public holidays as well as vacation days during a school year in accordance with the procedure set forth by founders of schools.
  6. In case of transfer to another school, free meals shall be provided in the new school since the first day of attending it. The previous school shall send a certificate on the right of a pupil to receive free meals. Article
  7. Identification of the Need for Funds for the Provision of Social Assistance for Pupils
  8. The administration of a municipality shall identify the need for funds used to finance the expenses referred to in subparagraphs 1 and 2 of paragraph 2 of Article 4 of this Law in accordance with the methodology for calculation of funds allocated for the performance of state functions that were delegated to municipalities approved by the Government or an institution authorised by it, and the administrations of county governors and the Ministry of Education and Science shall identify the need for funds used to finance the expenses referred to in subparagraphs 1 and 2 of paragraph 2 of Article 4 of this Law in accordance with the methodology for planning the need for the provision of free meals for pupils from the state budget and allocating them approved by the Government or an institution authorised by it.
  9. Institutions administering social assistance for pupils shall identify the amount of funds needed for providing social assistance for pupils pursuant to the methodology of planning the need for funds and allocating them to schools.

Article 14before 1 March 2007: Article 14.

Rights and Duties of Institutions Administering Social Assistance for Pupils

  1. Founders of schools shall: 1) be responsible for purposeful use of funds allocated from the state and municipal budgets for the implementation of this Law; 2) set the prices for the provision of free meals in accordance with Article 7 of this Law; 3) submit data to the Ministry of Social Security and Labour about the substantiated need for funds from the state budget required for the implementation of this Law in accordance with the procedure for the provision of data about the need for funds from the state budget for the provision of social assistance for pupils adopted by the Government or an institution authorised by it; 4) be responsible for allocation of funds received from the state and municipal budgets for the implementation of this Law; 5) collect and accumulate the data about the provided social assistance for pupils, carry out the analysis of data about the pupils who receive social assistance and the use of funds in schools and timely calculate the additionally required funds or funds that will not be used during the current year; 6) submit data about the provided social assistance for pupils to the Ministry of Social Security and Labour in accordance with the procedure for the provision of data about the provided social assistance for pupils adopted by the Government or an institution authorised by it and, where necessary, any other information. 7) by 1 October of the current year, provide information to the Ministry of Social Security and Labour about the funds from the state budget that will not be used in the current year; 8) having received information about any changes in the circumstances that influence the right to social assistance for pupils or where a suspicion arises that incorrect information was provided or some information has been concealed, notify thereof the director of the administration of a municipality, or a civil servant of the administration authorised by him.
  2. Founders of schools shall have a right to grant social assistance for pupils in other cases not provided for by this Law in accordance with the procedure set forth by them and using the funds received in accordance with the procedure set forth by them or laws (grant greater social assistance for pupils than that provided for by this Law; grant social assistance for pupils who do not comply with the conditions set forth by this Law; grant free meals for pupils who are absent from school due to illness or in other urgent cases; grant one-time benefits; provide social services, etc.).
  3. The administration of a municipality shall: 1) verify information provided by an applicant which may influence the right to social assistance for pupils; 2) in the presence of the circumstances referred to in paragraph 2 of Article 5 or paragraph 5 of Article 10 of this Law or where a suspicion arises that incorrect information was provided, inspect the living conditions of a family and to conclude an act on the investigation of the household in accordance with the procedure set forth by the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents). In such case, this act is one of the documents required for establishing the right to social assistance for pupils; 3) compile sets of school supplies and set their price in accordance with Article 8 of this Law.

Article 14after 1 March 2007: Article 14.

Rights and Duties of Institutions Administering and Organising Social Assistance for Pupils

  1. Founders of schools, except for founders of non-state schools, shall: 1) allocate to schools the funds received from the state and municipal budgets for the implementation of this Law, and other funds received in accordance with the procedure set forth by laws; 2) approve the procedure for the provision of free meals at school where they have a right to specify the cases of granting social assistance for pupils from their own funds and other funds received in accordance with the procedure set forth by legal acts in cases other than those established by this Law (grant greater social assistance for pupils than that provided for by this Law; grant social assistance for pupils who do not comply with the conditions set forth by this Law; grant free meals for pupils who are absent from school due to illness or in other urgent cases; grant one-time benefits; provide social services, etc.).
  2. Municipal councils shall: 1) approve the procedure for applying for social assistance for pupils; 2) approve the procedure for the provision of school supplies for pupils.
  3. Administrations of municipalities, administrations of county governors and the Ministry of Education and Science shall: 1) be responsible for purposeful use of funds allocated from the state and municipal budgets for the implementation of this Law; 2) set the prices for the provision of free meals in accordance with Article 7 of this Law; 3) submit data about the substantiated need for funds from the state budget required for the implementation of this Law to the Ministry of Social Security and Labour in accordance with the procedure for the provision of data abut the need for funds from the state budget for the provision of social assistance for pupils adopted by the Government or an institution authorised by it; 4) collect and accumulate the data about the provided social assistance for pupils, carry out the analysis of data about the pupils who receive social assistance and the use of funds in schools and timely calculate the additionally required funds or funds that will not be used during the current year; 5) submit data about the provided social assistance for pupils to the Ministry of Social Security and Labour in accordance with the procedure for the provision of data about the provided social assistance for pupils adopted by the Government or an institution authorised by it and, where necessary, any other information; 6) by 1 October of the current year, provide information to the Ministry of Social Security and Labour about the funds from the state budget that will not be used in the current year; 7) having received information about any changes in the circumstances that influence the right to social assistance for pupils, or where a suspicion arises that incorrect information was provided or some information has been concealed, notify thereof the director of the administration of a municipality, or a civil servant of the administration authorised by him.
  4. Administration of municipalities shall: 1) verify information provided by an applicant which may influence the right to social assistance for pupils; 2) in the presence of the circumstances referred to in paragraph 2 of Article 5 or paragraph 5 of Article 10 of this Law or where a suspicion arises that incorrect information was provided, inspect the living conditions of a family and to conclude an act on the investigation of the household in accordance with the procedure set forth by the Law on Cash Social Assistance for Low-Income Families (Single Residents). In such case, this act is one of the documents required for establishing the right to social assistance for pupils; 3) compile sets of school supplies and set their price in accordance with Article 8 of this Law.
  5. Administrations of non-state schools shall: 1) be responsible for purposeful use of funds allocated from the state budget for the implementation of this Law; 2) submit information to the administration of a municipality about the substantiated need for funds from the state budget required for the implementation of this Law; 3) submit information to the administration of a municipality about the use of funds allocated for the provision of free meals for pupils; 4) collect and accumulate the data about the provided social assistance for pupils. Article
  6. Provision of Information
  7. At the request of the administration of a municipality, state and municipal institutions and establishments and other legal persons must provide, free of charge, information required for granting social assistance for pupils.
  8. Legal and natural persons shall, within 10 working days from the receipt of an application submitted by an applicant who applies for social assistance for pupils present to the applicant, free of charge, the requested documents required for establishing the right to social assistance for pupils CHAPTER FOUR DUTIES OF AN APPLICANT Article
  9. Duties of an Applicant An applicant must: 1) provide all correct information required for establishing the right to social assistance for pupils; 2) notify about any changes in the circumstances that influence the right to social assistance for pupils; 3) provide a possibility for the administration of a municipality to inspect the living conditions of a family and to conclude an act on the investigation of the household; 4) ensure that the supplies granted to a pupil would be used according to their purpose. CHAPTER FIVE RECOVERY OF ILLEGALLY RECEIVED SOCIAL ASSISTANCE FOR PUPILS Article
  10. Recovery of Illegally Received Social Assistance for Pupils
  11. An applicant, who has concealed some data or has submitted incorrect data required for granting social assistance for pupils and therefore has illegally received it, must return monetary funds in the amount of the received assistance to the institution that has granted this assistance. Illegally received and not returned monetary funds in the amount of the received social assistance for pupils shall be recovered in accordance with the procedure set forth by laws.
  12. Illegally, through the fault of institutions specified in Article 9 of this Law, granted monetary funds in the amount of the received social assistance for pupils shall be recovered from the guilty persons. CHAPTER SIX FINAL PROVISIONS Article
  13. Appeal against the Decisions on Granting Social Assistance for Pupils A decision on granting social assistance for pupils may be appealed against in accordance with the procedure set forth by the Republic of Lithuania Law on Administrative Proceedings. Article
  14. Implementation of the Law
  15. The Government or an institution authorised by it until 1 November 2006, shall draft and approve legal acts required for the implementation of this Law.
  16. By 1 December 2006, founders of schools shall approve the procedure for the provision of free meals for pupils.
  17. By 1 December 2006, municipal councils shall approve: 1) the procedure for applying for social assistance for pupils; 2) the procedure for the provision of school supplies for pupils. Article
  18. Entry into Force of the Law This Law, except for Article 19, shall enter into force on 1 January
  19. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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