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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS Translated from Lithuanian REPUBLIC OF LITHUANIA LAW ON ASSISTANCE IN THE CASE OF DEATH 23 December 1993 – No I-348 (As last amended on 9 June 2011 – No XI-1435) Vilnius Article

  1. Purpose of the Law
  2. This Law shall establish the categories of persons entitled to receive a funeral allowance, the amount of the funeral allowance and the procedure for paying and financing such allowances.
  3. The provisions of this Law have been harmonised with the legal acts of the European Union referred to in the Annex to this Law. Article
  4. Definitions
  5. “Person in charge of funeral arrangements” means a natural or legal person and an organisation which has no legal personality or the branches of the latter, making arrangements for the burial of the deceased.
  6. “Permanent residents of the Republic of Lithuania” means citizens of the Republic of Lithuania and aliens permanently residing in the Republic of Lithuania whose data on the place of residence in the Republic of Lithuania or, if they have no place of residence, the data on the municipality in the territory whereof they reside, have been entered into the Residents’ Register of the Republic of Lithuania. Article
  7. Funeral Allowance
  8. A funeral allowance shall be paid in the event of death of: 1) a person who permanently resides in the Republic of Lithuania; 2) an alien residing in the Republic of Lithuania who has been issued a temporary residence permit for the purpose of highly qualified employment in the Republic of Lithuania, as defined in the relevant legal acts of the Republic of Lithuania; 3) a person residing in the Republic of Lithuania who has been granted refugee status in the Republic of Lithuania in the manner prescribed by laws; 4) a person to whom this Law must apply under the EU regulations on the coordination of social security systems.
  9. A funeral allowance shall be paid out to the person in charge of funeral arrangements burying persons specified in paragraph 1 of this Article.
  10. A funeral allowance shall also be paid where a child of the persons referred to in paragraph 1 of this Article is stillborn. In this case, the funeral allowance shall be paid out to one of the parents of the deceased newborn or any other persons in charge of funeral arrangements.
  11. A funeral allowance shall not be paid where the deceased is buried from the funds of the state or municipal budgets. Article
  12. Amount of a Funeral Allowance A funeral allowance shall be in the amount of eight base social benefits. The amount of the funeral allowance shall be calculated according to the amount of a base social benefit applicable in the month in which the right to the funeral allowance emerged. Article
  13. Procedure for Paying a Funeral Allowance
  14. To receive a funeral allowance, a person in charge of funeral arrangements must apply to the municipal administration according to the former declared place of residence of the deceased person or the declared place of residence of the person in charge of funeral arrangements not later than within six months from the date of emergence of this right, submitting an application and a death certificate (in the case of a deceased newborn – a copy of the birth record).
  15. The date of emergence of the right to a funeral allowance shall be the date of the person’s death (where the person has been found dead – the date of issue of a death certificate).
  16. A funeral allowance must be paid out to the applying person in charge of funeral arrangements not later than within 24 hours from the date of receipt by the municipal administration of the application and all the documents necessary for receiving the funeral allowance.
  17. In providing assistance in the case of death, the municipal administration must provide data on the persons upon whose death a funeral allowance has been paid out and the recipients of such allowances or the reasons for refusal to grant the funeral allowance in the Information System on the Social Assistance for Families (SPIS).
  18. The court may renew the time limit referred to in paragraph 1 of this Article where it was missed due to reasons recognised by the court as serious. In such a case, a copy of the court ruling shall be submitted to the municipal administration together with all the documents specified in paragraph 1 of this Article.
  19. In cases concerning the renewal of the time limit specified in paragraph 1 of this Article, the person in charge of funeral arrangements shall be exempt from the payment of stamp duty. Article
  20. Financing of Funeral Allowances
  21. Funeral allowances shall be paid from a special targeted subsidy of the state budget to municipal budgets.
  22. Two to four per cent of the funds intended for funeral allowances from the special targeted subsidy of the state budget to municipal budgets shall be allocated for administering funeral allowances. The specific percentage of the funds allocated for administering funeral allowances shall be set by the Minister of Social Security and Labour before the beginning of the budget year.
  23. The procedure for using and accounting for the funds from the state budget intended for special targeted subsidies for administering funeral allowances shall be established by the Minister of Social Security and Labour. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC Annex to Republic of Lithuania Law on Assistance in the Case of Death LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
  24. Council Directive 2009/50 EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ 2009 L 155, p. 17). _______________ Translated by Jolanata Gamulevičiūtė-Napari [email protected]

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