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Bulgaria: Law of 1998 for Social Support

Publisher National Legislative Bodies
Publication Date 22 May 1998
Cite as Bulgaria: Law of 1998 for Social Support [Bulgaria],  22 May 1998, available at: http://www.refworld.org/docid/3de659214.html [accessed 14 July 2014]
Comments This is an unofficial translation. Prom. SG. 56/19 May 1998, amend. SG. 45/30 Apr 2002, amend. SG. 120/29 Dec 2002 Prom. SG 56 1998; Amend., SG 45 2002.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

LAW FOR SOCIAL SUPPORT


Chapter one.

GENERAL PROVISIONS


Art. 1. (1) This law shall provide the social relations connected with the social support of the citizens of the Republic of Bulgaria

(2) (amend. SG 120/02) The law has as aim:

1. supporting of the citizens who without the support of anybody else cannot satisfy their basic livelihood needs;

2. fostering and development the public solidarity in hard life situations;

3. supporting of the social reintegration of the persons, who receive social support;

4. supporting of the employment of the unemployed persons, who meet the requirements for receiving monthly social support;

5. encouragement of the entrepreneur in the social sphere through conceding of social services by individuals and corporate bodies.

(3) (new ? SG 120/02) The social support is expressed in conceding of support and services.

(4) (new ? SG 120/02) The social support is based on social work, applying individual approach and assessment of the concrete needs of the persons and the families.

(5) (prev. (3) ? SG 120/02) The social support shall be implemented in a way preserving the human dignity of citizens.


Art. 2. (1) (amend. SG 120/02) The Bulgarian citizens, the foreigners with permission for permanent stay in the Republic of Bulgaria and the foreigners, to whom is conceded asylum, status of refugee or humanitarian status, shall be obliged to render care for satisfying their basic needs.

(2) The social support shall be expressed in conceding support in money and/or in kind and rendering services for satisfying basic vital needs of citizens when this is not possible with their work and with their possessions.

(3) (suppl. SG 120/02) Right to social support shall have Bulgarian citizens, families and coexisting persons who due to health, age, social and other reasons not depending on them are not able alone, through labour or the incomes, realised from possessed property, or with the help of the persons obliged to support them according to the law cannot satisfy their basic vital needs.

(4) (amend. SG 120/02) The right of para 3 shall be used also by the foreigners with permission for permanent stay in the Republic of Bulgaria and the foreigners, to whom is conceded asylum, status of refugee or humanitarian status and the persons, about who this is provided in an international agreement, where the Republic of Bulgaria is a party.

(5) The receiving of monthly social support shall be connected with the exercising publicly useful labour except in the cases of maternity or when the age and/or health condition of the person do not permit this.

(6) (revoked ? SG 120/02).


Art. 3. (amend. SG 120/02) At implementing the social support shall not be admitted direct or indirect discrimination, based on sex, race, colour, ethnic origin, citizenship, political or other beliefs, religion or belief, damage, age, sexual orientation, family status or origin, membership in trade and other public organisations and movements.


Chapter two.

BODIES OF THE SOCIAL SUPPORT (title changed ? SG 120/02)


Art. 4.(1) (amend. SG 120/02) The Council of Ministers shall determine the state policy in the field of the social support.

(2) (amend. SG 120/02) The Minister of Labour and Social Policy shall develop, co-ordinate and conduct the state policy in the field of social support.

(3) (amend. SG 120/02) The state policy in the field of social support shall be implemented in co-operation with the regional administrations, the bodies of local government and the non profit corporate bodies, implementing activity public benefit, which create conditions and co-operate for the realising of programmes and projects in this field.

(4) (amend. SG 120/02) For implementing the co-operation of para 3 shall be created Council for social support which is a public consultative body at the Minister of Labour and Social Policy. In it shall participate representatives of the Ministry of Labour and Social Policy, the Ministry of Finance, the Ministry of Health, the Ministry of Education and Science, the Ministry of Regional Development and Public Works, the National association of the municipalities of the Republic of Bulgaria, representatives of the organisations of employers and employees at national level as well as representatives of non profit corporate bodies, implementing activity for public benefit in the field of social support.

(5) The structure and the activity of the Council for social support shall be regulated with an ordinance by the Minister of Labour and Social Policy.


Art. 5. (amend. SG 120/02) (1) For fulfilment of the state policy in the field of social support shall be created Agency for social support at the Minister of Labour and Social Policy.

(2) The Agency for social support shall be executive agency ? secondary administrator with budget credits at the Minister of Labour and Social Policy and it shall be a corporate body with residence in Sofia.

(3) The Agency for social support shall be represented and managed by executive director.

(4) At the executive director of the Agency for social support shall be created an inspectorate.

(5) The territorial divisions of the Agency for social support shall be regional directorates for social support at the regional administrative centres and directorates "Social support" on the territory of each municipality.

(6) At the directorates "Social support" shall be created divisions "Protection of child".

(7) The activity, the structure and the number of the staff of the Agency for social support shall be determined with a structural regulation, approved by the Council of Ministers upon proposal by the Minister of Labour and Social Policy.


Art. 6.(amend. SG 120/02) The Agency for social support shall:

1. implement the fulfilment of the state policy for social support;

2. implement activity for releasing of social support and for conceding of social services;

3. control the observing of approved criteria and standards for implementing of social services;

4. permit opening and closing of specialised institutions for social services;

5. register individuals, register under the Commercial law, and corporate bodies, implementing social services;

6. prepare summarised annual reports and analyses of the activity in social support in the country, which shall be conceded to the Minister of Labour and Social Policy;

7. participate in the preparation of drafts of normative acts for social support;

8. implement also other activities, determined with a law or an act of the Council of Ministers.


Art. 7.(revoked ? SG 120/02)


Art. 8. (revoked ? SG 120/02)


Art. 9. (revoked ? SG 120/02)


Art. 10. (revoked ? SG 120/02)


Chapter three.

SOCIAL SUPPORT


Art. 11. (1) (prev. art. 11, amend.SG 120/02) The social support shall be resources in money and/or in kind which shall add or substitute the own income up to the basic vital needs or satisfy incidentally occurred needs of the supported individuals and families.

(2) (new ? SG 120/02) Social support shall be received by persons, after all opportunities for self support and support from the persons, obliged to support them by law, are exhausted.


Art. 12.(1)The social supports shall be:

1. monthly;

2. purposed;

3. one time.

(2) (new ? SG 120/02) Social support shall be conceded after assessment of:

1. the incomes of the person or the family;

2. the property status;

3. the family status;

4. the health status;

5. the labour engagement;

6. the age;

7. other established circumstances.

(3) (new ? SG 120/02) The Council of Ministers shall determine monthly amount of the guaranteed minimum income, which shall serve as basis for determining the social support of para 1.

(4) (prev. (2), amend. SG 120/02) The conditions and the order for conceding the social support and their termination shall be regulated with the regulation for implementing this law except the purposed support for heating, which are regulated with ordinance by the Minister of Labour and Social Policy.


Art. 12a. (new ? SG 120/02) The social integration of the supported persons can be realised on the basis of individual project, prepared by directorate "Social support".


Art. 12b. (new ? SG 120/02) (1) The unemployed persons, who meet the conditions for support with monthly supports, shall be included in programmes for employment, approved by the Minister of Labour and Social Policy.

(2) The persons of para 1, refused participation in programmes for employment, shall be deprived from monthly support for a term of one year.

(3) The realising of the programmes of para 1 shall be implemented together by the municipal administrations, the state, the municipal and the private enterprises and other corporate bodies, the territorial divisions of the Agency for employment and of the Agency for social support.

(4) The including in programmes for employment of para 1 shall not be obligatory for:

1. those, taking care of children up to 3 years of age:

a) mothers (adopters);

b) parents, who care alone for their children;

c) guardians;

2. pregnant women after the third month of their pregnancy;

3. the persons with durable damages or with established temporary inability to work;

4. the persons, taking care of ill member of the family or of relatives of ascending or descending line up to second degree;

5. the persons, taking care of a member of the family or of relatives of ascending or descending line up to second degree, who have damage and need permanently other's help;

6. the persons with psychic diseases , established by the competent bodies.


Art. 13. (amend. SG 120/02) (1) Social support shall be conceded on the basis of application ? declaration, submitted by the one in need or by a person, authorised by him.

(2) The support of para 1 shall be conceded with an order of the director of directorate "Social support" or by official, authorised by him after assessment of all the data and the circumstances, established with social enquiry.

(3) The refusal releasing of social support shall obligatory be motivated.

(4) The order for releasing or refusal of social support shall be announced in writing to the person, submitted application in 7 days term of its issuing.

(5) The order of para 2 shall be appealed before the director of the regional directorate "Social support" by the order of the Law of theadministrative procedures.


Art. 14.(1) The social support shall be exempt from taxes and fees.

(2) The right to social support shall be personal. The refusal from this right as well as its transfer shall not be valid.

(3) From money social support shall not be possible to take deductions except for:

1. overdrawn resources for social support as a result of accounting-technical mistake;

2. distraint for receivables for maintenance of children.

(4) Unconscientiously received resources special support shall be restored with the interest and according to the order for collecting state receivables.

(5) (new ? SG 120/02) The persons, received unconscientiously social support, shall be deprived from them for a term of one year.

(6) (new ? SG 120/02) The persons, used the purposed support not for its designation, shall be deprived from them for a term of one year.

(7) (new ? SG 120/02) The receivables of the persons under this law shall be cleared off in three months term, assumed from the end of the month they refer to.


Art. 15. (amend. SG 120/02) The persons supported by the order of this law shall be obliged to notify in writing the respective directorate "Social support" about all the circumstances pointed out in art. 12, para 2, items 1 ? 7 in not more than one month after occurrence.


Chapter four.

SOCIAL SERVICES


Art. 16. (amend. SG 120/02) (1) The social services shall be based on social work and are directed to support of the assisted persons for:

1. implementing of the everyday activities;

2. social integration.

(2) The social services shall be conceded according to the wish and to the personal choice of the persons.


Art. 17. (amend. SG 120/02) (1) The social services shall be implemented against payment of fees or according to a contract by the persons who are using them.

(2) The fees for social services, funded by the republican budget, shall be determined with a tariff, approved by the Council of Ministers.

(3) The fees for social services, funded by the municipal budget, shall be paid according to the Law of the local taxes and fees.

(4) The payment of social services, conceded by individuals, registered under the Commercial law, and by corporate bodies, shall be implemented according to a contract.


Art. 18. (amend. SG 120/02) (1) The social services shall be implemented by the state, by the municipalities, by individuals, registered under the Commercial law and by corporate bodies.

(2) Individuals, registered under the Commercial law and corporate bodies can concede social services only after entering in the register of the Agency for social support.

(3) Individuals, registered under the Commercial law and corporate bodies can concede social services for children up to 18 years of age after issuing of license and entering in the register of para 2.

(4) The conditions and the order shall be regulated with the regulation for implementation of the law.

(5) Social services can be conceded with joint participation on the basis of contract between the state, the municipalities, individuals, registered under the Commercial law and corporate bodies.

(6) The mayor of the municipality can assign the management of the specialised institutions and of the social services, conceded in the community, to the persons of para 2 and 3.

(7) The persons of para 2 and 3 can apply for resources from fund "Social support" after defending a project.

(8) All activities in the field of social services shall be conceded through a competition or with contract upon only one applicant, observing criteria and standards, determined with the regulation for implementation of the law and ordinance about the criteria and the standards for social services for children, approved by the Council of Ministers.


Art. 19. (amend. SG 120/02) The conditions and the order for implementing social services shall be determined with the regulation for implementation of the law.


Chapter five.

SOCIAL WORKERS


Art. 20. (amend. SG 120/02) The requirements for the professional and personal qualities of the social workers at appointment shall be determined with ordinance by the Minister of Labour and Social Policy


Chapter six.

NON PROFIT ORGANISATIONS (revoked ? SG 120/02)


Art. 21. (revoked ? SG 120/02)


Art. 22. (revoked ? SG 120/02)


Art. 23. (revoked ? SG 120/02)


Chapter seven.

FUNDING


Art. 24. (amend. SG 120/02) The funding of the social support shall be implemented with resources from:

1. the republican budget

2. the municipal budgets;

3. national and international programmes;

4. donations from local and foreign individuals and corporate bodies;

5. resources from fund "Social support";

6. other sources.

(2) The Agency for social support shall be administrator of the following incomes:

1. incomes from fines for violations under this law;

2. revenues from advertising ? information and publishing activity;

3. donations and wills from local and foreign individuals or corporate bodies;

4. incomes from other sources.


Art. 24a. (new ? SG 120/02)The persons of art. 18, para 2 and 3 can apply for receiving of financial resources for implementing of social services from the republican budget and from the municipal budgets observing the approved criteria and standards, determined with the regulation for implementation of the law and ordinance for the criteria and the standards for social services for children.


Art. 25. (amend. SG 120/02) At the Minister of Labour and Social Policy shall be established fund "Social support" ? secondary administrator with budget credits.


Art. 26. (amend. SG 120/02) The resources of fund "Social support" shall be collected from:

1. purposed subsidy from the republican budget in extent determined annually with the Law for the state budget of the Republic of Bulgaria;

2. donations and wills from local and foreign individuals or corporate bodies;

3. thirty percent of the amount of the fees, paid by the persons, using social services, financed by the republican budget

4. incomes from organised additional and specialised issues of the State pecuniary ? subject lottery and of the Bulgarian sport totaliser;

5. restored unlawfully and unconscientiously received resources from the fund and the interests for them;

6 fees for issued licenses;

7. incomes from other sources.


Art. 27.(amend. SG 120/02) The resources of fund "Social support" shall be spent for:

1. social support;

2. purposed social programmes and projects in the field of social support;

3. social services implemented by the municipalities as well as by persons, entered in the register of art. 18, para 2 and 3;

4. investigations and development of normative base in the field of the social support ? not more than 2percent of the annual amount of the fund;

5. acquisition of long term assets and current maintenance of the material base;

6. construction of new, reconstruction and modernisation of the existing material base for conceding of social services;

7. maintenance of the activity of the fund ? not more than 5 percent of the collected funds.


Art. 28.(1) Management body of fund "Social support" shall be the management council comprised by manager, deputy manager and three members.

(2) The manager and the deputy manager of the fund shall be appointed by the Minister of Labour and Social Policy and the members shall be proposed by the Council for social support.


Art. 29. The management council of fund "Social support" shall:

1. develop regulation for its activity;

2. develop and coordinate with the Council for social support the annual plan-account of the fund;

3. propose the plan-account of the fund for approval by the Minister of Labour and Social Policy after coordination with the Minister of Finance;

4. compile the annual accounting statement according to the requirement of the Law for accounting;

5. prepare the annual report about the activity of the fund.


Art. 30. The Minister of Labour and Social Policy shall approve the regulation for the activity of the management council of fund "Social support".


Chapter eight.

CONTROL AND ADMINISTRATIVE-PUNITIVE RESPONSIBILITY


Art. 31.(1) (amend. SG 120/02) The Minister of Labour and Social Policy shall exercise overall control over the observing of this law and the other normative acts in the field of social support.

(2) (amend. SG 120/02) The specialised control of the lawful application of the normative acts in the field of social support at the territorial divisions of the Agency for social support and at the specialised institutions for social services and the social services, conceded in the community, as well as of the observing of the criteria and the standards for implementing of social services, shall be implemented by the inspectorate of art. 5, para 4.

(3) (amend. SG 120/02) The control of observing of the standards for quality of the social services for children, determined in ordinance for the criteria and the standards for social services for children, shall be implemented by the State agency for protection of child.


Art. 32.(1) Implementing the control functions the inspectors shall have the right to:

1. visit without restriction the bodies for social support and the places where are implemented activities for social support;

2. require explanations and conceding documents, information and data;

3. receive directly from the supported persons the necessary information.

(2) (Amend., SG 45/02) The inspectors shall be obliged to observe the normative requirements for protection of the classified information that has become known to them at and in connection with the implemented checks as well as to respect the honour and the dignity of the supported persons.

(3) At establishing breaches of law containing data about committed crime the inspectorate shall notify immediately the bodies of the prosecutor's office.


Art. 33. The state bodies and the corresponding officials shall be obliged to concede information and to render cooperation to inspectors implementing their functions.


Art. 34.(1) (amend. SG 120/02) For preventing or termination the breaches of law for social support the inspectors shall be able to impose the following compulsory administrative measures:

1. give compulsory instructions for removal of the admitted breaches;

2. (amend. SG 120/02) stop the implementation of unlawful decisions:

3. (amend. SG 120/02) enter data about implemented violations in the register of art. 18, para 2 and propose deleting of the entering.

(2) The compulsory administrative measures of para 1 shall be possible to be appealed against by the order of the Law for administrative procedures.


Art. 35. In the municipalities shall be established public councils with a decision of the municipal council, which shall cooperate and help at implementing the activities for social support and exercise public control over their implementation.


Art. 36.(1) An official who guiltily breaches the legislation for social support shall bear administrative punitive responsibility regardless of the disciplinary and the proprietary responsibility for the same act.

(2) (amend. SG 120/02) The penalty of para 1 shall be a fine in extent of 500 lv and for second breach ? 1000 lv.

(3) The penalty of para 2 shall be imposed also to persons who do not fulfil the compulsory penalties of art. 37, para 1, item 1.


Art. 37.(1) The breach shall be established with an act compiled by an inspector.

(2) (amend. SG 120/02) The punitive decision shall be issued by the executive director of the Agency for social support.

(3) The establishing of the breaches, the issuing, appealing against and implementing of the punitive decisions shall be accomplished by the order of the Law for administrative breaches and penalties.

(4) (revoked ? SG 120/02).


Art. 38. (revoked ? SG 120/02).


Additional provisions


§ 1. In the sense of this law:

1. "Basic vital needs" are sufficient food, clothing and home according to the social and economic development of the country.

2. "Coexisting persons" are those living together in one home with or without ties of relationship registered on one address.

3. (amend. SG 120/02) "Social integration" is the creating of conditions and opportunities to the highest possible degree for participation of the supported persons in public life.

4. "Persons with durable damages" are persons with established degree of reduced ability to work 50 and over 50 percent.

5. (new ? SG 120/02) "Specialised institutions" are homes of the type of boarding house, where the people are separated from their domestic environment.

6. (new ? SG 120/02) "Social services" are activities, which support and expand the opportunities of the persons to lead independent way of life and are implemented at specialised institution and in the community.

7. (new ? SG 120/02) "Social services, conceded in the community" are services, conceded in family ambience or close to the family ambience.

8. (new ? SG 120/02) "Social work" is professional activity for improvement of the mutual adaptation of the supported persons, the families, the groups and the ambience they live in. It is a complex of supporting activities, directed to achieving of better quality of life, dignity and responsibility of people on the basis of their individual abilities, the interpersonal relations and the resources of the community.

9. (new ? SG 120/02) "Guaranteed minimum income" is normatively determined amount of resources, which is used as a basis for determining the social support with objective ensuring of minimum income for satisfying of basic living needs of the persons, according to their age, family status, health and property condition.

10. (new ? SG 120/02) "Social enquiry" is activity for establishing of the existence of the conditions for exercising of the right to social support, implemented by social workers in Directorate "Social support", which is expressed in checks at the place, in investigating of documentation and collecting of information.


Concluding provisions


§ 2. This law shall repeal the Edict for public support (prom…; amend. …).


§ 3. The Council of Ministers shall issue a regulation for the implementation of the law.


§ 4. The implementation of the law shall be assigned to the Minister of Labour and Social Policy.

The law is passed by the 38 National Assembly on May 7, 1998 and is affixed with the state seal.


Transitional and concluding provisions

of the Law of amendment and supplement of the Law of social support ? SG 120 2002


§ 32. The Agency for social support, created with this law, shall be legal successor of the National service for social support and of the municipal services for social support and it shall take their assets and liabilities.


§ 33. The employment legal relations with the employees of the National service for social support and of the municipal services for social support and of the establishments for social services shall be regulated under the conditions and by the order of art. 123 of the Labour Code.


§ 34. The property, used by the municipal service for social support by the date the law enters into force, shall be conceded for gratuitous use to the Agency for social support for the needs of directorates "Social support".


§ 35. The regional governors and the mayors of the municipalities shall create conditions and co-operate with the Agency for social support, conceding for use to it buildings, premises and other material conditions, necessary for implementing of its activity.


§ 36. The territorial divisions of the Agency for social support, which are accommodated in buildings ? property of the state or of the municipalities, shall not pay rent.


§ 37. The existing establishments for social services, which are at municipal and/or state budget maintenance by the moment the law enters into force, shall pass under the management of the mayor of the respective municipality, who shall also be employer of the staff in them.


§ 38. The persons, licensed for implementing of social services, shall be obliged to be entered in the register of art. 18, para 2 in three months term after the law enters into force.


§ 44. The law shall enter into force on January 1, 2003.

The law was passed by the 39th National Assembly on December 21, 2002 and is affixed with the official seal of the National Assembly.

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