Draft
PARLIAMENT OF THE REPUBLIC OF MOLDOVA
LAW on Social Support
The Parliament adopts the present organic law.
Chapter I
General Provisions
Article 1. Object of the law
The present law regulates the legal framework and guarantees the right to a
decent level of life and equal opportunities to disfavoured families through social
assistance measures.
Article 2. Purpose of the law
The present law aims at providing a guaranteed minimum monthly income to
disfavoured families by providing social support set in compliance with the
assessment of the monthly average global income of the family and the need of social
assistance.
Article 3. Basic notions
In the sense of the present law, the notions used have the following meaning:
family – two or more persons that live together, regardless whether they are or not
related, maintain a common household and a budget. The adult who is not the
member of a family also has the rights of a family.
child – any person under 18 and, in case this person is a full-time student in
education institutions – until the graduation of the respective institution but up to 23
years old at most;
applicant – one of the members of the family, with full right of exercise, or the
legal representative of the family who submits the application for social support;
social support – the monthly payment in cash made to the disfavoured family;
guaranteed minimum monthly income of the family – minimum level of the
calculated income necessary for the existence of a family;
monthly average global income of the family – the average amount of funds
received by the family in cash and in-kind (hereinafter referred to as the global
income of the family);
disfavoured family – the family that has a monthly average global income
lower than the guaranteed minimum monthly income.
Article 4. Scope of the present law
The action of the present law covers families whose members are citizens of
the Republic of Moldova and on the citizens of other countries, stateless persons or
refugees who have their domicile in the Republic of Moldova, in compliance with the
legislation.
Chapter II
Entitlement, Quantum and Setting of Social Support
Article 5. The entitlement to social support
(1) Disfavoured families are entitled to social support in case when all the adult
members of the family meet at least one of the following conditions:
a) are at the retirement age necessary on the date of obtention of the right to
pension;
b) are disabled;
c) have a declared income from full-time or part-time job, or carry out a selfmaintenance activity with a view to obtain income;
d) are registered unemployed who have not rejected adequate job offers or
professional re-training;
e) look after a child under 6;
f) look after a disabled person from the family or a person above 75 from the
same family.
(2) In determining the entitlement to social support, the following members of
families are excluded:
a) citizens of the Republic of Moldova who do not live on its territory;
b) people in prison;
c) people fulfilling the compulsory military service;
d) people in full state care.
3) The family is not entitled to social support if at least one member of the
family owns assets indicating an increased level of welfare do not have the right to
social support. The welfare indicators are approved by the Government.
Article 6. Quantum of the social support
(1) The monthly quantum of the social support is set as the difference between
the minimum guaranteed income of the family and its global income.
(2) In case when the monthly quantum of the social support of the family is
lower than 25 lei, the social support is paid in a single payment calculated as the
amount of the social support for the months it was set for.
Article 7. The guaranteed minimum monthly income
(1) The guaranteed minimum monthly income of the family is the amount of
the quantum of guaranteed minimum monthly incomes set for each member of the
family.
(2) The guaranteed minimum monthly income of the family is calculated
according to the following formula:
a) guaranteed minimum monthly income for the applicant;
b) 70% of the guaranteed minimum monthly income for every other adult
member of the family;
c) 50% of the guaranteed minimum monthly income for every child;
d) 100% of the guaranteed minimum monthly income for every disabled child
and adult disabled person;
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For single disabled persons, the quantum of the guaranteed minimum income
will be 140% of the guaranteed minimum monthly income;
(3) The level of the guaranteed minimum monthly income for the applicant is
set by the Government and is indexed annually on 1st April depending on the increase
of index of consumption prices.
Article 8. Global income of the family
(1) In setting the global income of the family, the income obtained incash and
in-kind from the paid work, from all kinds of entrepreneurship activity, insurance and
social assistance benefits, income from the use of agricultural land and allotments and
other types of income, including from property is taken into account.
(2) In calculating the global average monthly income of the family the incomes
obtained by its members in the last last 6 months are taken into account. In case of
famililes that carry out agricultural activity, the global average monthly income is set
based on the incomes obtained in the last 12 months.
(3) In assessing the welfare of the family in order to set the social support, the
movable and immovable assets owned by the family will be taken into account.
(4) The criteria for assessment of family welfare are set by the Government.
Article 9. Establishment of the social support
(1) The social support is established based on the application and the
declaration on incomes obtained and property of the family, submitted by one of the
family members with full right of exercise appointed by the family or, in cases
stipulated by law, by the legal representative of the person entitled to receive the
social support.
(2) The social support is established by Social Assistance and Family
Protection Departments/Directorates. The establishment and payment of the social
support is approved by the Government.
(3) The Social Assistance and Family Protection Department/Directorate has
the right to check the data in the submitted declaration at the applicant’s home.
(4) The social support is set for a period that does not exceed two years and
will be revised when there are any changes that could influence on the quantum of the
set social support.
(5) The social support is provided starting with the month when the application
was registered.
Chapter III
Payment and Funding of the Social Support
Article 10. Payment of the social support
(1) The social support is paid monthly by the National Social Insurance House
through the financial institution selected based on a contest.
(2) The establishment and payment of social support are approved by the
Government.
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Article 11. Modification of the quantum of social support
(1) The quantum of the social support is modified in the following cases:
a) in case of modification of the guaranteed minimum monthly income;
b) in case of modification of the global income of the family or of the number of
family members.
(2) The quantum of the social support is modified by the Social Assistance and
Family Protection Directorate/Department.
Article 12. Cease of payment of the social support
(1) The payment of the social support is ceased in the following cases:
a) the family does not meet the conditions stipulated by the present law anymore;
b) the family changes the place of residence;
c) the single person who received the social support died or was declared missing.
(2) The Social Assistance and Family Protection Directorate/Department
notifies the beneficiary in written form about the cease of social support payment in
the cases stipulated in letters a) and b) from paragraph (1) of the present article and of
the National Social Insurance House within 15 days from the date of decision issue.
Article 13. Appeals
The decision on the provision or non-provision of the social support, on the
modification or cease of payment, as well as the recovery of the extra-amounts
received can be appealed in court in compliance with the legislation in force.
Article 14. Funding of the social support
Social support set according to the present law is paid from the state budget
through the state social insurance budget
Article 15. The record of beneficiaries of social support
The record of social support beneficiaries is maintained by the Social
Assistance and Family Protection Directorate/Department, National Social Insurance
House and the Ministry of Social Protection, Family and Child, by creating an
automated informational system.
Chapter IV
Responsibilities and Liability for the Breach of the Provisions of this Law
Article 16. Responsibilities
(1) The applicant must submit all the complete and truthful information to the
organisation that has the right to set the social support.
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(2) In case of presentation of incomplete or wrong information by the
applicant, or in case of failure to inform about the changes that occurred in the
structure and quantum of the income, which influenced on the quantum of social
support, the beneficiary returns the whole extra amount that was paid and is deprived
from the entitlement to social support for one year.
Article 17. Responsibility for the breach of provisions of the present law
The breach of the present law implies liability stipulated by legislation.
Article 18. The control on the accuracy of establishment of social support
and use of funds
(1) The verification of the accuracy of the establishment and use of the
allocated funds according to destination is carried out by the competent control
structures.
(2) The authenticity of the information presented for the establishment of the
social support is checked directly by the body that set the social support.
Chapter VI
Final and Transitional Provisions
Article 19. Coming into force, effects on some normative acts and
transitional period
(1) The present law comes into force on 1st September 2008.
(2) Within 6 months from the date of adoption, the Government:
a) will present to the Parliament suggestions on how to bring the current
legislation in compliance with the provisions of the present law;
b) will develop and approve the necessary normative acts that will regulate the
mechanism of implementation of the present law.
(3) From the date when the present law comes into force till 2010:
a) the current beneficiaries of nominal compensations, in compliance
with Law no. 933-XIV as of April 14, 2000 on special social
protection of certain categories of people, will continue to receive
them;
b) the entitlement to nominal compensation for persons eligible in
compliance with Law no. 933-XIV as of April 14, 2000 on special
social protection of certain categories of people ceases.
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