official translation
REPUBLIC OF LITHUANIA
LAW ON CASH SOCIAL ASSISTANCE FOR LOW-INCOME FAMILIES
(SINGLE RESIDENTS)
1 July 2003 No IX-1675
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose and scope of the Law
1. The purpose of this Law – upon the evaluation of property and income of low-income families (single residents), to determine the amount and granting conditions of state-provided cash social assistance for the said families (single residents), the rights and obligations of the recipients, and the sources of funding.
2. This Law shall apply to permanent residents of the Republic of Lithuania who comply with the provisions of Articles 4 and 6 of this Law.
3. Persons permanently residing in the Republic of Lithuania means the 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 who permanently reside in the Republic of Lithuania.
Article 2. Types of cash social assistance for low-income families (single residents)
The types of cash social assistance for low-income families (single residents) shall be as follows:
Article 3. Main definitions in this Law
1. “Persons living together” means persons over 18 years of age living together without having registered their union as a marriage.
2. “Dwelling (living quarters)” (hereinafter referred to as “a dwelling”) means single-family housing, its part or other living quarters suitable for living of a person or a family and meeting the requirements for construction and special standards (hygiene, fire protection, etc.).
3. “Useful floor space of a dwelling” means the total floor space of the living rooms and other premises of a dwelling (kitchens, sanitary units, halls, built-in wardrobes, heated loggias, and other heated ancillary premises). The useful floor space of a dwelling shall not include the floor space of balconies, terraces, basements, and unheated loggias.
4. “Dysfunctional family” means a family in which reciprocal relations are dysfunctional and one of the parents does not fulfil child care functions or misbehaves with other family members, or (and) both parents fail to resolve reciprocal relations and involve the children in this, or (and) one of the parents or both parents are unable to take care of the children or misbehave with them, or (and) use a granted state support not for family interests.
5. “Person at social risk” means a person over 18 years of age having emotional, behavioural, social problems and therefore socially excluded – begging, vagabonding, being destitute or (and) having suffered from a psychological, physical or sexual assault, violence in the family, or (and) abusing alcoholic beverages, narcotic drugs, psychotropic or toxic substances, or (and) being dependant on gambling, or (and) involved or inclined to get involved in criminal acts.
6. “Family at social risk” a family in which a crisis prevails because one or several family members abuse alcoholic beverages, 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 are not able to or do not know how to take care of children, or (and) use physical force, psychological or sexual abuse, or (and) use the granted state support not for family interests.
7. “Family” means spouses or persons living together, as well as a married person with whom their children have stayed to live by the court’s judgment because of the separation of the spouses, or one of the parents, their children and adopted children under 18 years of age. The family shall also include persons between the ages of 18 and 24 who are unmarried and not living together 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’s) family shall not include children who are placed under guardianship (curatorship) in accordance with the procedure established by law.
8. “Ratio of property value per family (single resident)” means property value fixed in Article 11 of this Law which, if not exceeded, entitles a family (single resident) to social cash assistance.
9. “State supported income per family (single resident)” means the amount of State supported income approved in the manner prescribed by the law, multiplied by the number of family members.
Article 4. The right of families (single residents) to social benefit
1. Families (single residents) shall be entitled to social benefit provided they comply with the conditions laid down in subparagraphs 1 and 2 of this paragraph and each family member (single resident) over 18 years of age complies with at least one of the conditions laid down in subparagraphs 3, 4 or 5 of this paragraph, and the children between the ages of 16 and 18 comply with at least one of the conditions laid down in subparagraph 6 of this paragraph:
1) the value of the property, indicated in Article 9 of this Law, possessed by the right of ownership does not exceed the ratio of property value fixed under Article 11 of this Law;
2) the average income of a family (single resident) during the period of three months preceding the month when the family (single resident) acquired the right to social benefit is lower than state supported income per family (single resident);
3) family members (single residents) over 18 years of age are employed and during the period of three months the income of which has to be calculated, worked no less than two thirds of the duration of working time established in paragraph 1 of Articles 144 or Article 145 of the Labour Code, or work part-time in the cases specified in subparagraphs 2-6 of paragraph 1 of Article 146 of the Labour Code, and the amount of pay is calculated for them to make not less than a minimum monthly pay or minimum hourly consideration in proportion to the time of work or by result; the amount of pay calculated per family member (single resident) who worked not less than a calendar month from the commencement of employment is not less than a minimum monthly pay or a minimum hourly consideration in proportion to the time of work or by result;
4) family members (single residents) over 18 years of age: full-time pupils and students of general education schools and other institutions of formal education under 24 years of age; for the period from the day of finishing general education schools which they attended as full-time pupils until 1 September of the same year, but not longer than until they reach the age of 24; are of the retirement age set by the law or receive pensions (except the State social insurance disability pension granted to a person with Group III disability), pension benefits or social assistance benefits; are persons with Group I or II disability or disabled persons under the law; are the unemployed receiving unemployment social assistance benefit, education grant during the period of studying or doing public works or works supported by the Employment Fund, as well as upon the end of the said periods; are the persons who have registered with the state territorial labour exchange for at least six months; are the persons who have not more than two years left until the retirement age, have registered with the state territorial labour exchange and receiving unemployment social insurance benefit; one of the family members is nursing a family member, a child placed under guardianship in accordance with the procedure established by the law or a next of kin of such family member or his (her) spouse for whom the necessity of permanent nursing (assistance, care) has been established in the manner prescribed by legal acts; are undergoing treatment in a in-patient health care institution for at least a month; a woman is pregnant and less than 70 calendar days are left before a baby is due (28 or more weeks of pregnancy);
5) a mother or a father (a guardian or a curator) raises at home: a child under 3 years of age who does not attend a pre-school educational establishment; at least one child not older than 8 years of age who does not attend a pre-school educational establishment or a school where the family raises 3 and more children under 14 years of age and when proper care is taken of them; a child of the pr-school age but not older than 8 years of age who does not attend a pre-school educational establishment due to doctor’s recommendation or because there is no pre-school educational establishment in the place of residence, or there are no vacancies in it;
6) children between 16 and 18 years of age: work (requirements laid down in subparagraph 3 of this paragraph do not apply); attend institutions of formal education; for the period from the day of finishing institutions of formal education until 1 September of the same year; are invalids or disabled in the manner prescribed by the law; have registered with the state territorial labour exchange; are pregnant women.
2. Families of the divorced or separated spouses who raise children under 18 years of age and comply with the conditions set out in paragraph 1 of this Article shall be entitled to social benefit, provided the said persons have concluded a court-approved contract for the maintenance of a child (children) or the maintenance of a child (children) has been ordered by the court.
3. The families of the persons who are not married, are lone parents of children under 18 years of age and comply with the conditions laid down in paragraph 1 of this Article shall be granted social benefit:
1) if their child’s (children’s) paternity has been ascertained or established and the court has order maintenance for the child (children);
2) where there is no possibility to identify the father (mother) of the child in the manner prescribed by law or the court cannot adjudge maintenance of the child to his father (mother);
4. If the families referred to in paragraph 2 of this Article have not concluded a court-approved contract on maintenance of a child (children) or the court has not ordered maintenance of a child (children), as well as if paternity is not ascertained or established for the child (children) of the families referred to in paragraph 3 of this Article and the court has not ordered maintenance for the child (children), social benefit shall be granted only to such child (children).
5. The family member (single resident) who complies with the conditions specified in paragraph 1 of this Article shall not be granted social benefit and his income shall not be included in the family income, if he:
1) is maintained (bed and food) permanently or during working days in an institution financed by the state or a municipality;
Article 5. The amount of social benefit
1. The social benefit fixed in Article 4 of this Law, except paragraph 4 of Article 4, shall make 90% of the difference between the amount of state-supported income per family (single resident) and the average monthly income per family (single person).
Article 6. Entitlement of families (single residents) to compensations
1. Families (single residents) shall be entitled to compensations provide they comply with the conditions set out in subparagraph 1 of this paragraph and at least one of the conditions set out in subparagraphs 2-4 of this paragraph, and each of the family members (single resident) over 18 years of age complies with at least one of the conditions laid down in subparagraphs 5, 6 and 7 of this paragraph, and the children between 16 and 18 years of age comply with at least one of the conditions laid down in subparagraph 8 of this paragraph:
1) the value of property possessed by the right of ownership and referred to in Article 9 of this Law does not exceed the ratio of property value set in pursuance with Article 11 of this Law;
2) heating costs of the useful floor space of a dwelling, but not exceeding the ratio set in Article 7 of this Law, taking into consideration the consumption of energy and fuel, but not exceeding the ratio, exceed 25% of the difference between the income of a family (single resident) and 90% of the State supported income per family (single resident);
3) costs of the factual quantity of cold water and sewage, but not exceeding the ratio established in Article 7 of this Law, exceed 2% of the income of a family (single resident);
4) costs of the factual quantity of hot water and sewage, but not exceeding the ratio established in Article 7 of this Law, when the centralized heating supply system is used to produce hot water, or costs of other energy or fuel used to produce the standard quantity of hot water as fixed in Article 7 of this Law exceed 5% of the income of a family (single resident);
5) family members (single residents) over 18 years of age are employed and during the period of three months the income of which has to be calculated, worked no less than two thirds of the duration of working time established in paragraph 1 of Articles 144 or Article 145 of the Labour Code, or work part-time in the cases specified in subparagraphs 2-6 of paragraph 1 of Article 146 of the Labour Code, and the amount of pay is calculated for them to make not less than a minimum monthly pay or minimum hourly consideration in proportion to the time of work or by result; the amount of pay calculated per family member (single resident) who worked not less than a calendar month from the commencement of employment is not less than a minimum monthly pay or a minimum hourly consideration in proportion to the time of work or by result;
6) family members (single residents) over 18 years of age: full-time pupils and students of general education schools and other institutions of formal education under 24 years of age; for the period from the day of finishing general education schools which they attended as full-time pupils until 1 September of the same year, but not longer than until they reach the age of 24; are of the retirement age set by the law or receive pensions (except the State social insurance disability pension granted to a person with Group III disability), pension benefits or social assistance benefits; are persons with Group I or II disability or disabled persons under the law; are the unemployed receiving unemployment social assistance benefit, education grant during the period of studying or doing public works or works supported by the Employment Fund, as well as upon the end of the said periods; are the persons who have registered with the state territorial labour exchange for at least six months; are the persons who have not more than two years left until the retirement age, have registered with the state territorial labour exchange and receiving unemployment social insurance benefit; one of the family members is nursing a family member, a child placed under guardianship in accordance with the procedure established by the law or a next of kin of such family member or his (her) spouse for whom the necessity of permanent nursing (assistance, care) has been established in the manner prescribed by legal acts; are undergoing treatment in a in-patient health care institution for at least a month; a woman is pregnant and less than 70 calendar days are left before a baby is due (28 or more weeks of pregnancy);
7) a mother or a father (a guardian or a curator) raises at home: a child under 3 years of age who does not attend a pre-school educational establishment; at least one child not older than 8 years of age who does not attend a pre-school educational establishment or a school where the family raises 3 and more children under 14 years of age and when proper care is taken of them; a child of the pr-school age but not older than 8 years of age who does not attend a pre-school educational establishment due to doctor’s recommendation or because there is no pre-school educational establishment in the place of residence, or there are no vacancies in it;
8) children between 16 and 18 years of age: work (requirements laid down in subparagraph 3 of this paragraph do not apply); attend institutions of formal education; for the period from the day of finishing institutions of formal education until 1 September of the same year; are invalids or disabled in the manner prescribed by the law; have registered with the state territorial labour exchange; are pregnant women.
2. Families of the divorced or separated spouses who raise children under 18 years of age and comply with the conditions set out in paragraph 1 of this Article shall be entitled to compensations, provided the said persons have concluded a court-approved contract for the maintenance of a child (children) or the maintenance of a child (children) has been ordered by the court.
3. The families of the persons who are not married, are lone parents of children under 18 years of age and comply with the conditions laid down in paragraph 1 of this Article shall be granted compensations:
1) if their child’s (children’s) paternity has been ascertained or established and the court has order maintenance for the child (children);
2) where there is no possibility to identify the father (mother) of the child in the manner prescribed by law or the court cannot adjudge maintenance of the child to his father (mother);
4. The family member (single resident) who complies with the conditions specified in paragraph 1 of this Article shall not be granted compensations and his income shall not be included in the family income, if he:
Article 7. Ratios for calculating compensations
1. The following ratios shall apply in calculating compensations:
1) the useful floor space ratio per family: 38 square meters for one of the family members (single residents) who have declared the place of residence in a dwelling, 12 square meters for every additional family member. These ratios shall be set on the basis of cadastral measurement data;
Article 8. The Amount of Compensations
1. Families (single residents) shall be entitled to the following compensations, by applying a one-part tariff of heat (electric energy):
1) during the heating season – part of the expenses for heating of the useful floor space of a dwelling, but not exceeding the ratio set in Article 7 of this Law, taking into account the consumption of energy or fuel, exceeding 25% of the difference between the income of a family (single resident) and 90% of state supported income per family (single resident);
2) part of the costs of the factual quantity of cold water and sewage, but not exceeding the ratio set in Article 7 of this Law, exceeding 2% of the income of a family (single resident);
3) part of the costs related to the factual quantity used to produce hot water, but not exceeding the ratio set in Article 7 of this Law, exceeding 5% of the income of the family (single resident). The costs related to the production of hot water shall include the consumption of energy or fuel to heat water, not exceeding the set ratio, and the consumption of energy or fuel, … to a dwelling, to maintain the temperature of hot water (circulation). When hot water is produced by using centralized heat supply, costs related to the production of hot water shall also cover the costs of cold water used to produce hot water (including the costs of sewage).
2. If the association of the multi-family apartment house owners has made use of the state-granted targeted credits for the implementation of heat saving measures, compensations for the costs related to heating of a dwelling shall be calculated by applying the ratio of the consumption of energy or fuel until the targeted credit is completely paid off.
3. Where the income of a family (single resident) does not exceed 90% of the amount of the state supported income per family (single resident), the granted compensation for the costs related to heating of a dwelling shall be equal to the factual costs for heating of the useful floor space of a dwelling, taking into account the consumption of energy or fuel, but not exceeding the set ratio.
4. When calculating the costs related to fuel used for heating a dwelling and producing hot water, fuel prices shall be evaluated in accordance with average fuel prices approved by local authorities.
5. If a common autonomous boiler-room is installed in a house for the heating of it and (or) producing of hot water, and several families (single residents) have declared the place of residence in this house, compensations shall be calculated separately for each (every) of them. The quantity of energy or fuel used to heat a dwelling of each family shall be calculated in proportion to the useful floor space of each family (single resident), while the quantity used to produce hot water – in accordance to the set ratio. If the general quantity of energy or fuel used by these families to produce hot water is less than the set ratio, the quantity of energy or fuel used by each family to produce hot water shall be calculated in proportion to the number of each family who have declared the place of residence in this house.
CHAPTER FOUR
ESTABLISHMENT OF THE RATIO OF PROPERTY VALUE FOR
THE ENTITLEMENT TO CASH SOCIAL ASSISTANCE
Article 9. Property of a family (single resident)
1. With the view to providing social cash assistance, the property of a family (single resident) shall include the following property possessed by the right of ownership by the family members (single residents):
6) stocks, bonds, bills of exchange, and other securities, shares, if their total value exceeds LTL 2 000;
8) cash resources held in banks and other credit institutions or not in banks and not in other credit institutions, if their total value exceeds LTL 2 000;
2. The property of a family (single resident) shall include the value of the property, specified in subparagraphs 1-8 of paragraph 1 of this Article, or a part thereof transferred into the ownership of another person during the period which elapsed since the last submission of data on the property owned, provided that the said value is not specified as the property newly acquired into the ownership or newly received cash resources.
Article 10. Real estate ratios
1. The ratio of a dwelling per family (single resident) shall be 60 square meters of the useful floor space of the dwelling per one family member who have declared the place of residence in that dwelling, by adding 15 square meters for each additional family member.
2. Taking into account the type of land owned, the ratio of a land plot per family (single resident) shall be:
2) an agricultural land plot under 1 hectare (including the household plot): in cities – 6 ares, in towns and villages – 25 ares;
3. For the family (single resident) who has declared the place of residence in the city, the ratio of an agricultural land plot over 1 hectare, a land plot comprising only a water body and a forestry land plot shall be 6 hectares.
4. If the land plots owned by the family (single resident) are of different designations, a ratio of the land plot of one designation, which is of the highest value, shall apply.
Article 11. Establishment of the ratio of property value
1. The ratio of real estate value of each type (a dwelling and a land plot) for a family (single resident), referred to in Article 10 of this Law, shall be determined by multiplying the corresponding ratio of real estate of an appropriate type by the average market price of the real estate of that type located in the place of residence declared by the applicant (when an applicant does not have a place of residence – of the locality in which he resides).
2. The market price of the real estate of each type indicated in Article 10 of this Law shall be approved by the Commission for the Assessment of Property Subject to Registration in accordance with the average market price of real estate in cities, towns and villages prevailing on February 1, May 1, August 1 and November 1 of each year.
3. The ratio of real estate value per family (single resident) shall be calculated by summing up the values of real estate of both types (a dwelling and a land plot).
4. The rate of value of movables, cash resources, securities and shares per family (single resident) shall be calculated by summing up 45 state supported income amounts for one family member (single resident) over 18 years of age, 30 state supported income amounts for each additional family member over 18 years of age and 15 state supported income amounts for each child under 18 years of age.
CHAPTER FIVE
CALCULATION OF THE INCOME OF A FAMILY (SINGLE RESIDENT) FOR GRANTING SOCIAL CASH ASSISTANCE
Article 12. Income of a family (single resident)
1. When granting social cash assistance, the following income received by family members (single residents) shall be included:
7) income from individual activities, including the income received from engaging in the activities with a business certificate;
8) income from agricultural activities (except income from gardens of members of gardeners’ societies, the area of land plots of which does not exceed 6 ares);
12) income of social nature, with the exception of compensations of transport costs for the handicapped and the disabled, compensations to diabetics and donors, cash resources paid for the maintenance of a child (adopted child) (alimony). When grating social benefits to a family (single resident), the income of a family (single resident) shall not include the received social benefits and the compensations set out by this Law;
16) compensation for property and non-pecuniary damage (including onetime compensation for lost working capacity);
2. Income listed in paragraph 1 of this Article shall be taken after the deduction of income tax and state social insurance contributions.
3. Calculated wages and salaries, payment for idle time through no fault of an employee and annual leave pay, pensions, pension benefits, social assistance benefits, education grants, monthly benefits, sickness, maternity and maternity/paternity benefits, as well as other income received on a monthly basis shall be included in the total income of the months they were due.
4. Onetime payments and cash resources for the maintenance of a child (adopted child) (alimony) shall be included in the income of the months they were paid.
5. In the case a fixed amount of money for the maintenance of a child (children) has been ordered by the court and the said sum has been received, the average monthly amount for the maintenance of the child (children) shall be calculated by dividing the total amount by the number of months remaining until the child (children) reaches the age of 18.
6. In the case of certain property is adjudged for the maintenance of a child (children), the income received from the use (lease) of such property shall be included in the family income. Such income shall be specified by an applicant in the application-request.
7. Income from agricultural activities shall be established according to accounting documents pertaining to these activities. In the absence of such documents, average monthly income shall be calculated by applying the ratios of income from agricultural activities evaluated according to the notional costs, approved by the Government or an institution authorised by it. If there is no possibility for determining income according to these ratios, average monthly income shall be calculated by applying an income rate per hectare of agricultural land, as fixed by the Government or an institution authorised by it.
Article 13. Calculation of income for receiving social benefits
1. Average monthly income of a family (single resident) shall be calculated on the basis of the income received during the three months preceding the month from which social benefits begin to be granted, as indicated in Article 12 of this Law.
2. In the case of the change of income source of at least one member of the family (single resident) in the month from which social benefits begin to be granted compared to the three preceding months, the average monthly income of a family (single resident) shall be calculated on the basis of the income of the said month.
3. The procedure laid down in paragraph 2 of this Article shall not apply, if onetime payments (a bonus, a onetime compensation for lost working capacity, severance pay or a compensation paid upon the termination of an employment contract, severance pay or compensation to a public servant dismissed, as well as other actually received onetime income, with the exception of compensation for unused holidays) were received during the three months preceding the month from which social benefits begin to be granted.
Article 14. Calculation of income for receiving compensations
1. Compensations shall be calculated on the basis the part of average monthly income of a family (single resident), falling on the family members (single resident) who have declared the place of residence in the dwelling.
2. Average monthly income of a family (single resident) shall be calculated on the basis of the income received during the three months preceding the month from which compensations begin to be granted, as indicated in Article 12 of this Law.
3. In the case of the change of income source of at least one member of the family (single resident) in the month from which compensations begin to be granted compared to the three preceding months, the average monthly income of a family (single resident) shall be calculated on the basis of the income of the said month.
4. The procedure laid down in paragraph 3 of this Article shall not apply, if onetime payments (a bonus, a onetime compensation for lost working capacity, severance pay or a compensation paid upon the termination of an employment contract, severance pay or compensation to a public servant dismissed, as well as other actually received onetime income, with the exception of compensation for unused holidays) were received during the three months preceding the month from which compensations begin to be granted.
5. Compensations for the families (single residents) who receive social benefits shall be calculated on the basis of the income which for the receipt of social benefit was last indicated before the month from which compensations begin to be granted. Such income shall include the amount of social benefit granted last.
6. If more than one family live in a dwelling and these families pay for public utilities according to a single account (a single pay book), the total income of the family members (single residents) who have declared the place of residence in the dwelling shall be calculated by summing up the part of average income of the family (single resident) per month falling on the family members (single residents) of each family, who have declared their place of residence in the dwelling, after deducting 90 % of the amount of the state supported income galling on them.
Article 15. Institution administrating social cash assistance
Cash social assistance shall be administered by the municipality of the place of residence declared by a family (single resident), and if a family (single resident) does not have the place of residence – the municipality in which the family (single resident) lives.
Article 16. Application for social cash assistance
1. When applying for social cash assistance, a family (single resident) shall fill in an application-request approved by the Government or an institution authorized by it, indicating data on the family, occupation of its members, owned property and the value of the property specified in subparagraphs 6-11 of paragraph 1 and paragraph 2 of Article 9 of this Law, received income, as well as any other relevant information for the receipt of social cash assistance. An application-request shall be accompanied by the notes certifying about the income specified in Article 12 of this Law, which was received during the last three months preceding the month from which social cash benefit begins to be granted. The accuracy of all the data entered in the application-request shall be confirmed by the signatures of the applicant.
2. A family (single resident) shall submit data on the property, referred to in Article 9 of this Law, owned on the last day of the month preceding the month when an application-request is submitted, as well as the documents confirming this. These data and documents shall be submitted every 12 months.
3. If upon the expiry of the period of the provision of granted social cash assistance, a family (single resident) applies repeatedly for social cash assistance, it (he) shall inform the local authorities about the change in the declared property.
4. The local authorities shall, according to the methodology prepared by the Government or an institution authorized by it, establish the value of the property of the family (single resident), referred to in subparagraphs 1-4 of paragraph 1 of Article 9 of this Law, and, on the basis of relative values of agricultural production, approved by the Government or an institution authorized by it – the value of the property referred to in subparagraph 5 of paragraph 1 of Article 9 of this Law.
Article 17. Granting and payment of social cash assistance
1. Social benefit shall be awarded for the period of three months, beginning with the first day of the month when a family (single resident) submitted an application-request.
2. Compensation shall be granted for the period of three months, beginning with the first day of the month when a family (single resident) acquired the right to the compensation, but for no longer a period than two months preceding the month of the submitting of an application-request.
3. Documents necessary for the awarding of cash social assistance shall be submitted not later than before the end of the period of cash social assistance granting.
4. When upon the expiry of the period of the awarded cash social assistance granting a family (single resident) applies with an application-request for the grating of the said assistance within three months and submits new documents and data on the family members and the income of the family (single resident), cash social assistance shall be granted from the month following the month when the period of cash social assistance period expires.
5. If upon the expiry of the period of the awarded cash social assistance granting a family (single resident) applies later than within 3 months following the end of the period of the awarded cash social assistance granting, cash social assistance shall be granted from the month of submitting an application-request.
6. The local authorities shall have the right to grant cash social assistance for the period exceeding 3 months, provided the composition and income of the family has not changed.
7. The local authorities shall have the right to grant cash social assistance for the period shorter than three months, if:
1) the reasons due to which a family (single resident) is supposed to lose the entitlement to cash social assistance are known;
2) upon the change in the circumstances (family composition, income sources, a child is awarded state or municipal maintenance after being placed in a guardianship institution, etc.), the amount of cash social assistance has changed. In this case, cash social assistance shall be granted anew from the following month by calculating it on the basis of the income of the family (single resident) for that month.
8. A decision of the local authority concerning the granting of cash social assistance shall be made not later than within a month from the date of receipt of an application-request and all the necessary documents.
9. A copy of the decision by which cash social assistance is not granted to a family (single resident) shall be sent to an applicant not later than within 5 working days from the date of the adoption of the decision. The reasons for not granting cash social assistance shall be indicated in this decision, as well as the procedure for appealing against such decision. The documents submitted by the applicant shall be returned to him and the copies of these documents shall be preserved in his file.
Article 18. Provision of social cash assistance
1. Social benefit shall be provided in one of the following ways:
2. If a family (single resident) changes the declared place of residence (if it (he) does not have a place of residence – the municipality in which it (he) lives), provision of cash social assistance in the previous municipality shall be discontinued, after paying it for the month during which the family (single resident) receiving it changed the declared place of residence (if it (he) does not have a place of residence – the municipality in which it (he) lives). The family (single resident) shall in the prescribed manner apply to the municipality of a newly declared place of residence (if it (he) does not have a place of residence – to the municipality in which it (he) lives), and the latter shall provide cash social assistance in the prescribed manner, but not earlier than from the month following the change by the family (single resident) of the declared place of residence (if it (he) does not have a place of residence – the municipality in which it (he) lives).
3. Awarded but timely unclaimed social benefit shall be paid, if applied for not later than within 3 months following the last month for which the benefit was due.
4. Compensations shall be provided in accordance with the procedure established by municipalities in one of the following ways:
5. If during the period within which a family (single resident) is receiving cash social assistance the family (single resident) has lost the entitlement to it or it has been established that the family (single resident) has supplied fraudulent data on the property, received income, family members or other data necessary for the granting of social cash assistance, the cash social assistance shall be discontinued from the following month.
6. In the case referred to in paragraph 5 of this Article cash social assistance for a family (single resident) shall be granted anew when the family (single resident) returns the cash social assistance which it (he) has received in cash illegally.
7. Social benefit shall be paid for the previous month in the manner prescribed by the local authority.
8. When families (single residents) pay for central heating of a dwelling or fuel (energy) to heat a dwelling, centrally supplied hot water or fuel (energy) to produce hot water, and cold water to energy (fuel, water) suppliers each month, compensations shall be granted for each past month in the manner prescribed by the local authority.
9. When a dwelling is heated and using solid or any other fuel produces hot water, compensations shall be granted for each past month in the manner prescribed by the local authority or for the whole period of compensation granting.
Article 19. Rights and duties of local authorities in administering social cash assistance
1. In administering social cash assistance, local authorities must:
1) grant to families (persons) at social risk and dysfunctional families cash social assistance in the form of services, in compliance with the Law on Social Services;
2) grant social assistance in the form of services to families (single resident), when the family (single resident) does not exercise the rights laid down in subparagraph 4 of paragraph 1 and paragraph of Article 22 of this Law;
3) grant compensations in the manner set out in subparagraph 2 of paragraph 4 of Article 18 of this Law to the family (single resident) who has got into debt for heating of a dwelling, cold and hot water, upon the conclusion by the said family (single resident) of an agreement with the providers of these services regarding the repayment each month of the part of the debt, but not exceeding 20% of the income of the family (single resident);
4) not grant compensations, terminate the granting thereof to the family (single resident) who has got into debt for heating of a dwelling, cold and hot water, when the said family (single resident) refuses to conclude an agreement referred to in subparagraph 3 of this paragraph or does not fulfil it;
2. In administering social cash assistance, local authorities shall have the right:
1) in the manner prescribed by the Government or an institution authorized by it, to engage in community work the employable unemployed social assistance recipients who do not participate in active measures of labour market policy;
2) to additionally interview the applicants for cash social assistance or the recipients of such assistance, to check the documents submitted by them and request additional information proving the entitlement of a family (single resident) to social cash assistance;
3) to inspect living conditions, owned property and employment of a family (single resident), to draw up a living conditions inspection report on the basis of which the local authority shall make a decision on the entitlement of the family (single resident) to social cash assistance;
4) in the manner prescribed by themselves to allocate to families (single residents) cash social assistance from the municipal budgetary resources in other cases not provided for by this Law (onetime benefit; social benefit; to compensate dwelling maintenance expenses which are not specified in the Law; to compensate expenses related to larger quantities of hot and cold water than the ratio fixed in this Law as well as expenses for heating larger useful floor space, to cover dwelling indebtedness);
5) if uncertainty arises regarding the data provided in the application-request on the owned property and received income, or in the event of suspicion during the inspection that the information supplied is fraudulent or underreported, to request that the family members (single resident) would declare their property (including received income) in the manner prescribed by the Law on the Declaration of Property of Residents;
Article 20. Provision of information
1. Upon the request of individuals and members of their families who wish to receive cash social assistance or institutions or agencies which grant such assistance, legal and natural persons of the Republic of Lithuania shall, within 10 days of receipt of a request, draw up and issue free of charge certificates regarding the property owned by them or income received by them.
2. Upon the request of the local authorities, state and municipal enterprises, institutions, agencies and organizations must provide them free of charge with information necessary for granting social cash assistance.
3. The local authorities must, in the manner prescribed by the Government or an institution authorized by it, furnish to the Ministry of Social Security and Labour the information on cash social assistance granted to the families (single residents) living in their respective territories.
Article 21. Funds for social cash assistance
1. Social benefit and compensations shall be paid from special targeted grants of the state budget to municipal budgets.
Article 22. Obligations of a family (single resident) receiving social cash assistance
1. A family (single resident) receiving cash social assistance must:
1) to supply full and correct information proving the entitlement of the family (single resident) to cash social assistance in the application-request the form of which is approved by the Government or an institution authorized by it, as well as the documents necessary for the reception of social cash assistance;
2) upon the demand of the local authority, to declare owned property (including the income received) in accordance with the procedure established by the Law on the Declaration of Property of Residents;
3) to provide opportunities for municipal social workers to inspect living conditions, owned property and employment;
2. Unemployed family members (single residents) must fulfil the obligations provided for in individual employment plans, drawn up by state territorial labour exchange offices (do not refuse vocational training and qualification improvement, offered work, public works and works supported by the Employment Fund, etc).
Article 23. Recovery of cash social assistance unlawfully received through the fault of the recipient
Persons who have underreported or furnished knowingly fraudulent information necessary for awarding of cash social assistance and, as a result, have been unlawfully paid cash social assistance established by this Law, must return to the local authority the cash resources in the amount of the unlawfully received social cash assistance. If they fail to do this within one month from the day of the demand of the local authority, the cash resources in the amount of the unlawfully received cash social assistance shall be recovered in the manner prescribed by law.
Article 24. Recovery of cash social assistance unlawfully paid through the fault of the local authority or its employee
Cash social assistance funds unlawfully paid through the fault of the local authority or its employee shall be recovered in the manner prescribed by law.
Article 25. Appeal against a decision of the local authority concerning the granting of social cash assistance
A decision of the local authority concerning the granting of cash social assistance may be appealed against in accordance with the procedure established by the Law on Administrative Proceedings.
Article 26. Implementation of this Law
1. The Government or an institution authorised by it shall by 1 January 2004 approve:
1) the form of an application-request for social cash assistance, the form of a living conditions inspection act, and the form for the calculation of compensations;
2) the methodology of assessment of the property of the family (single resident) who applies for social cash assistance;
2. The National Control Commission for Prices and Energy shall, by 1 January 2004, approve the ratios of consumption of different types of energy and fuel for heating dwellings and cold water.
3. The Commission for the Assessment of Property Subject to Registration shall approve and announce in the Valstybės žinios the average market price of real estate in cities, towns and villages prevailing on February 1, May 1, September 1 and November 1 of each year.
Article 27. Invalid Legal Acts
Upon the entry into force of this Law, the following legal acts shall become invalid:
1) subparagraph 6 of Article 1, paragraphs 1 and 2 of Article 10, and Article 11 of the Law of the Republic of Lithuania on Individual Income Security;
2) the Law of the Republic of Lithuania on Compensations to People on Low Incomes for Heating of an Apartment (Individual Living House), Cold and Hot Water Expenses;
Article 28. Entry into Force of the Law
This Law, with the exception of Article 26, shall enter into force on 1 April 2004.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.