Aptauja ilgs līdz 23. oktobrim.
The translation of this document is outdated.
Translation validity: 21.02.2014.–30.06.2015. Amendments not included: 16.06.2015.
Regulations Regarding Disbursement of MaintenanceIssued pursuant to 1. This Regulation prescribes a sample application (hereinafter - the application), the documents to be appended to the application and the procedures by which the Administration of the Maintenance Guarantee Fund (hereinafter - the Fund Administration) shall examine the application and the documents appended thereto, as well as disburse maintenance. 2. The application and the documents appended thereto may be submitted: 2.1. to the uniform portal of electronic services of State and local government services https://www.latvija.lv, using the means of authentication available in the portal; 2.2. electronically in accordance with the procedures laid down in the laws and regulations regarding drawing up of electronic documents; 2.3. by mail; 2.4. in person at the Fund Administration. 3. In order to receive maintenance, a natural person who is taking care of a child and who is permanently residing and has a declared place of residence in the Republic of Latvia (hereinafter - the applicant) shall submit an application (Annex) to the Fund Administration. 4. In addition to the application the following shall be submitted to the Fund Administration: 4.1. a true copy of the court adjudication, if a foreign court has decided on recovery of maintenance; 4.2. information provided by a foreign bailiff that the recovery of maintenance from a debtor is not possible or the debtor is carrying out the court adjudication regarding recovery of maintenance, but does not ensure the minimum amount of maintenance which, based on Section 179, Paragraph five of The Civil Law, has been stipulated by the Cabinet, or a document issued by a competent foreign authority regarding the amount of maintenance payments adjudicated, but not paid and the date when the amount was calculated, if the court adjudication is executed in a foreign state; 4.3. a document confirming authorisation, if the applicant submits the application with the intermediation of an authorised person. 5. The information referred to in Sub-paragraph 4.2 of this Regulation is valid for application to the Fund Administration for a month after issuing thereof. 6. The Fund Administration shall take a decision to disburse maintenance or to refuse to disburse maintenance within 10 working days after receipt of the application and the documents appended thereto. 7. If the applicant has not submitted all the documents, the Fund Administration may request that they are submitted within 10 working days. In such case a decision to disburse maintenance or to refuse to disburse maintenance shall be taken within 10 working days after all the necessary documents have been submitted, but not later than within a month from the day of submitting the application. If the applicant has not submitted all the necessary documents to the Fund Administration within the specified time period, the Fund Administration shall take a decision to refuse to disburse maintenance. 8. If it is not possible to conform to the time period laid down in Paragraph 7 of this Regulation, the Fund Administration may take a decision to extend the time period for issuing the administrative deed for a time period not exceeding four months from the day of receiving the application. In such case a decision to disburse maintenance or to refuse to disburse maintenance shall be taken within 10 working days from the day when all the requested documents have been submitted, but not later than within four months from the day of submitting the application. If the applicant has not submitted all the necessary documents to the Fund Administration within the specified time period, the Fund Administration shall take a decision to refuse to disburse maintenance. 9. The Fund Administration shall obtain the text of the court adjudication necessary for examining the application in the Judicial Informative System. 10. If a full text of the court adjudication is not available in the Judicial Informative System or a bailiff has not provided information regarding impossibility of recovery or regarding partial recovery of maintenance in accordance with Section 572.1, Paragraph one of the Civil Procedure Law upon request of the applicant, the Fund Administration shall request a true copy of the court adjudication in the relevant court or request the relevant bailiff to provide information. In such case a decision to disburse maintenance or to refuse to disburse maintenance shall be taken within 10 working days from the day when the requested court adjudication or information from the bailiff was received, but not later than within a month from the day of submitting the application. 11. If it is not possible to conform to the time period laid down in Paragraph 10 of this Regulation, the Fund Administration may take a decision to extend the time period for issuing the administrative deed for a time period not exceeding four months from the day of receiving the application. In such case a decision to disburse maintenance or to refuse to disburse maintenance shall be taken within 10 working days from the day when the requested court adjudication or information from the bailiff was received, but not later than within four months from the day of submitting the application. 12. A decision to disburse maintenance or to refuse to disburse maintenance shall be notified to the applicant in writing, as well as the procedures for contesting the decision shall be indicated. 13. Disbursement of maintenance shall be commenced on the next calendar month after taking of the decision to disburse maintenance. Maintenance shall be disbursed for the previous month, except the case provided for in Section 10, Paragraph two of the Maintenance Guarantee Fund Law when maintenance shall be disbursed for the whole previous period of time for which maintenance was calculated. If a decision to disburse maintenance is taken in the calendar month following receipt of the application, maintenance calculated for the previous month may be disbursed in the month when the abovementioned decision was taken. 14. Maintenance shall be transferred each month into the account of a credit institution or into the account of the postal settlement system of the applicant. 15. If the applicant has not been disbursed maintenance due to the fault of the Fund Administration, the respective sum shall be disbursed without limitation of the time period. 16. Maintenance shall be disbursed until the day when the time period for disbursement of maintenance expires, if it was already known at the time of granting maintenance, or until the day when the circumstance has set in due to which disbursement of maintenance must be discontinued. 17. In event of death of the applicant the amount of maintenance which has been calculated until the day of his or her death, but has not been disbursed, shall be disbursed to the guardian who due to the death of the applicant has been appointed to a child for whom maintenance was calculated. In such case the guardian shall submit an application to the Fund Administration within the time period laid down in the Maintenance Guarantee Fund Law, indicating his or her account in a credit institution or postal settlement system, to which maintenance should be transferred. Receipt of such amount of maintenance shall not affect the disbursement and amounts of other benefits to be disbursed to the guardian. 18. The following Regulations are hereby repealed: 18.1. Cabinet Regulation No. 612 of 20 July 2004, Procedures by which the Administration of the Maintenance Guarantee Fund shall Review an Application regarding Disbursement of Maintenance and Documents Attached thereto, as well as shall Disburse Maintenance (Latvijas Vēstnesis, 2004, No. 116; 2010, No. 80; 2012, No. 51); 18.2. Cabinet Regulation No. 408 of 5 May 2009, Regulations Regarding a Sample Application for the Disbursement of Maintenance and the Documents to be Attached to an Application (Latvijas Vēstnesis, 2009, No. 73; 2010, No. 72; 2012, No. 51). Prime Minister Laimdota Straujuma Minister for Justice Baiba Broka
Annex Application for Disbursement of MaintenanceTo the Administration of the Maintenance Guarantee Fund Person who wants to receive maintenance from the Maintenance Guarantee Fund:
kinship [ ] parent of the child (children) [ ] guardian of the child (children)
Because (mark as appropriate): [ ] recovery of maintenance from the debtor is not possible, [ ] the debtor is carrying out the court adjudication regarding recovery of maintenance, but does not ensure the minimum amount of maintenance, I request the disbursement of maintenance for the child (children) who is (are) in my actual care, permanently living in the Republic of Latvia and who has (have) a declared place of residence in the Republic of Latvia, in accordance with the Maintenance Guarantee Fund Law:
Information regarding the maintenance recovery file - the bailiff who holds the writ of execution regarding recovery of maintenance in his or her records
Please transfer maintenance to (mark as appropriate): [ ] the account in credit institution
account number of the applicant code of the credit institution (to be indicated if the credit institution is registered abroad) [ ] account of the postal settlement system account number of the applicant A decision to disburse maintenance or to refuse to disburse maintenance, please (mark as appropriate): [ ] issue to me in person in the Administration of the Maintenance Guarantee Fund
Appended: I confirm that I have not received maintenance from the person who has been assigned a duty to disburse maintenance in accordance with the court adjudication, until submitting an application to the Administration of the Maintenance Guarantee Fund or I have received it in a partial amount. I am informed that I have a duty to notify the Administration of the Maintenance Guarantee Fund regarding circumstances which affect my right to receive maintenance from the Maintenance Guarantee Fund, within three working days after setting in of such circumstances. Such circumstances are: - the child (children) is (are) not actually in my care; - the debtor is paying maintenance; - me or the child (children) for whom I receive maintenance from the Maintenance Guarantee Fund leave for permanent residence in a foreign country or me or the child (children) do (does) have a declared place of residence in the Republic of Latvia anymore; - I have been granted a benefit or other financial aid for maintenance of the child (children) for whom I receive maintenance from the Maintenance Guarantee Fund, and it is similar, by nature, to maintenance to be disbursed from the Maintenance Guarantee Fund in the Republic of Latvia; - the court adjudication on the grounds of which I am being disbursed maintenance from the Maintenance Guarantee Fund has ceased to be in effect; - other circumstances not referred to herein have set it, which affect my right to receive maintenance. I am informed that I have a duty to repay the following to the Administration of the Maintenance Guarantee Fund: - all sums of maintenance disbursed to me without justification, which were disbursed after setting in of such circumstances which affect my right to receive maintenance; - lawful interest for amounts of maintenance disbursed without justification; - amounts of maintenance disbursed to me, if I have knowingly provided false information or have not notified in the specified time period regarding circumstances which affect my right to receive maintenance. I am informed that the Administration of the Maintenance Guarantee Fund, in accordance with the procedures laid down in the Maintenance Guarantee Fund Law and the Administrative Procedure Law, has a duty to recover from me all amounts of maintenance disbursed from the Maintenance Guarantee Fund without justification, which were disbursed after setting in of such circumstances which affect my right to receive maintenance, and the lawful interest for amounts disbursed without justification.
Notes. 1. * The document will be sent using a secure electronic signature. 2. ** The detail of the document "signature" shall not be completed, if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents. Minister for Justice Baiba Broka
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Title: Noteikumi par uzturlīdzekļu izmaksu
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