LAW FOR SOCIAL SUPPORT. Prom. SG. 56/19 May 1998, amend. SG. 45/30 Apr 2002, amend. SG. 120/29 Dec Chapter one. GENERAL PROVISIONS

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1 LAW FOR SOCIAL SUPPORT Prom. SG. 56/19 May 1998, amend. SG. 45/30 Apr 2002, amend. SG. 120/29 Dec 2002 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,

2 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

3 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.

4 (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

5 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

6 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.

7 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

8 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.

9 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:

10 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 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

11 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 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.

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

13 REGULATIONS FOR IMPLEMENTATION OF THE LAW FOR SOCIAL SUPPORT Prom. SG. 133/11 Nov 1998, amend. SG. 38/23 Apr 1999, amend. SG. 42/5 May 1999, amend. SG. 112/23 Dec 1999, amend. SG. 30/11 Apr 2000, amend. SG. 48/13 Jun 2000, amend. SG. 98/1 Dec 2000, corr. SG. 100/8 Dec 2000, amend. SG. 19/2 Mar 2001, amend. SG. 97/13 Nov 2001, amend. SG. 26/12 Mar 2002, suppl. SG. 46/7 May 2002, amend. SG. 81/23 Aug 2002, amend. SG. 118/20 Dec 2002, amend. SG. 40/29 Apr 2003, amend. SG. 115/30 Dec 2004 Chapter one. MANAGEMENT OF THE SOCIAL SUPPORT SYSTEM (title revoked SG 40/03) Art. 1. (revoked SG 40/03) Art. 2. (revoked SG 40/03) Art. 3. (revoked SG 40/03) Art. 4. (revoked SG 40/03) Art. 5 (1) (revoked SG 40/03) Art. 6. (revoked SG 40/03) Art. 7. (revoked SG 40/03) Chapter two. SOCIAL SUPPORT Art. 8. (amend. SG 97/01, amend. SG 40/03) The social support shall be granted to persons and families at a permanent address, where is implemented also the social inquiry. Art. 9. (1) Right to monthly support shall have persons or families whose income for the preceding month is lower than the determined differentiated minimal

14 income. (2) Basis for determining the differentiated minimal income shall be the guaranteed minimal income whose monthly amount shall be determined by an act of the Council of Ministers. (3) The differentiated minimal income for the individual persons shall be determined as the guaranteed minimal income is adjusted by the following coefficients: 1. for a person living alone - 1.0; 2. (revoked, SG 118/02) 3. (amend. SG 97/01) for disabled with permanently reduced working capacity 50 percent or over 50 percent - 1.2; 4. for an orphan child - 1.2; 5. for single parent with a child or children under 16 years of age, and if they study up to 18 years of age - 1.2; 6. for every of the spouses living together - 0.9; 7. for underage child in the family and if he/she does not study and from 7 to 16 years of age - 0.5; 8. (amend. SG 97/01) for children with permanent disorder - 1.2; 9. for person living together with another person (persons) or family (new, SG 42/99) To lonely parent with child from 16 to 18 years of age who does not study (new, SG 46/02) to pregnant women 45 days before childbirth - 1.2; 12. (new, SG 46/02) to a parent raising a child up to 3 years of age (new, SG 118/02) for a person from 65 to 75 years of age, living alone - 1.7; 14. (new, SG 118/02) for a person over 70 years of age - 1.2; 15. (new, SG 18/02) for a person over 75 years, living alone - 2.0; 16. (new, SG 118/02) for disabled with permanently reduced working ability 70 and over 70 percent - 1.5; 17. (new, SG 118/02) for a single parent taking care of a child under 3 years of age (4) In the presence of more than one of the grounds for determining coefficient under para 3 shall apply the higher coefficient. (5) The amount of the monthly support shall be determined as a difference between the differentiated minimal income or the sum of the differentiated minimal incomes and the income of the persons or families for the preceding month. Art. 10. (1) Monthly support shall be granted if the persons or the families meet the following additional conditions: 1. their own home is the only one and it is not bigger than: a) for one person - one-room; b) for two-member and three-member family - two-room; c) for four-member family - three-room; d) for five-member and larger family - four-room; e) for every co-habitant - one room; 2. (amend. SG 40/03) to have not been registered as sole entrepreneurs and to be not owners of the capital of a commercial company; 3. (amend. SG 40/03) not to have receivables, deposits, share holding and

15 securities whose total value for the individual person or for every of the members of the family exceeds 500 levs, with exception of the bonds or stocks from the mass privatisation; 4. not to possess real estate or chattel which can be source of income, with exception of the chattel for habitual usage by the person or the family; 5. not to have concluded contracts for submitting property against obligation for support and/or care; these requirements shall not apply in the cases when those who have undertaken the obligation for support and/or care are students, unemployed and in age of incapacity or disabled; 6. (suppl. SG 40/03) not to have transferred housing or villa property and/or ideal part of them against payment for the last 5 years; 6a. (new SG 40/03) to have not transferred with a contract for granting the ownership in a residential or villa property and/or ideal parts of them during the last 5 years and after May 1, 2003; 7. (amend. SG 40/03) the unemployed must be registered in the directorates "Employment bureaux" for at least 6 months before filing the application for social support and not to have refused offered job and their inclusion in qualification courses for qualification and re-qualification organised by the directorates "Employment bureaux". (2) (amend. SG 97/01) The requirements under para 1, item 1 shall not regard the owners of homes where a person with permanently reduced working capacity of 50 percent or over 50 percent, or very sick member of the family lives, as well as when the homes cannot be source of additional income due to impossibility of renting them, poor technical condition, health, hygienic, social and other similar reasons. (3) (amend. SG 40/03) Registration under para 1, item 7 in the directorates "Employment bureaux" shall not be required for granting monthly support to: 1. a parent taking care of a child up to 3 years of age; 2. (amend. SG 97/01) disabled with permanently reduced working capacity of 50 percent or over 50 percent; 3. persons taking care of a severely sick member of the family or for co-habitant sick person; 4. (amend. SG 97/01) persons with psychic disorders certified by the respective specialised medical institutions; 5. (amend. SG 97/01) persons under 18 years of age, who study in the day form of education in schools in the system of the national education. 6. (new, SG 46/02) pregnant women after the third month of their pregnancy. (4) (amend. SG 40/03) The term under para 1, item 7 shall not regard the persons who have registered in the directorates "Employment bureaux" within one month from: 1. the expiration of the term for raising child under 3 years of age; 2. the accomplishment of 16 years of age if they do not study; 3. the discharge from recruitment military service; 4. (amend. SG 40/03) the conclusion of the work under programmes for occupation or seasonal work; 5. the release from the places of detention for the penalty of "imprisonment"; 6. (suppl., SG 97/01) the graduation from social educational vocational

16 establishment or special schools; 7. (amend. SG 40/03) the receiving of permission for permanent stay in the Republic of Bulgaria, the granting of asylum, refugee status or humanitarian status; 8. (new SG 40/03) the expiry of the term of the expert order of the territorial expert medical commission (TEMC), the National expert medical commission (NEMC) or the regional expert medical commission (REMC), with which is determined 50 or over 50 percent reduction of ability to work; 9. (new SG 40/03) the falling out of the conditions of para 3, item 3. Art. 11. Entitled to monthly support under Art. 9 shall not be: 1. (amend. SG 97/01, suppl. SG 40/03) the persons of age up to 30 years co-habitants with their parents of whom the income per member of the family exceeds the triple amount of the guaranteed minimal income, except in the cases when these persons and/or their parents have permanently reduced working capacity of 50 percent or over 50 percent; 2. the persons whose relatives are obliged to support them by law; 3. (amend. SG 97/01) the persons admitted for more than 30 days in medical, social, educational and military institutions; 4. (suppl. SG 46/02) students in regular, extra mural and evening form of education in the higher schools, as well as the students in the private schools with exception of the disabled students, pregnant women and mothers raising children up to 3 years of age studying in regular, extra mural and evening form of education in the higher schools; 5. (amend. SG 97/01) persons sanctioned by the established order for concealed income for which an act has been issued and from its enactment a period of 3 years has not expired; 6. (amend. SG 97/01, amend. SG 40/03) persons who have refused conceded land or cultivation of conceded land from the state or the municipal land entirety for the respective year, with exception of the persons with reduced working capacity established by physicians' consultative commission (PCC) or by TEMC; 7. persons who have travelled abroad at their own expenses during the last 12 months, with exception of the cases for treatment of diseases or in connection with the death of a member of the family. Art. 12. (1) (amend. SG 40/03) The unemployed persons, who are not included in programmes for employment under art. 12b, para 1 of the Law of social support, shall receive monthly support on condition that they have not refused to participate in programmes organised by the municipal administration for providing social services, ecological programmes for urbanisation and hygienic work in the populated areas for no less than 5 days. (2) The persons under para 1, who have refused to participate in the programmes organised by the municipalities shall be refused monthly support for the month when the refusal was made. (3) (amend. SG 97/01; suppl. SG 46/02; amend. SG 40/03) The requirements under para 1 and the deprivation from monthly support under para 2 shall not apply to: 1. the persons, taking care for children up to 3 years of age:

17 a) mother or father (adoptive mother, adoptive father); b) parent, who brings up the child alone; c) guardians; 2. pregnant women after the third month of their pregnancy; 3. the persons with lasting damages or with established temporary disability to work for more than 20 days in the month; 4. the persons, taking care of an ill member of the family or for an ill relative in ascending or descending line up to second degree; 5. the persons, taking care of a member of the family or for a relative in ascending or descending line up to second degree, who are with lasting damage and need permanently other s help; 6. the persons with severe psychic diseases, established by the competent bodies. Art. 13. (Revoked, SG 97/01) Art. 14. (1) (amend. SG 97/01) Right to monthly expedient support for payment of rent for municipal homes shall be used by the persons if the accommodation order is issued to their names and whose income for the preceding month is up to 150 percent of the differentiated minimal income if they are: 1. orphans up to 25 years of age, who have graduated social educational professional institutions; 2. single elderly people over 70 years of age; 3. (revoked SG 115/04) 4. single parents. (2) The support under para 1 shall be paid upon presentation of documents substantiating the expenses. Art. 15. (revoked SG 40/03) Art. 16. (1) For satisfying incidentally occurred health, educational, communal and household and other vitally important needs of the persons and the families one-time support can be granted once a year. (2) (amend. SG 40/03) The one-time support under para 1, up to the five-fold amount of the guaranteed minimal income shall be determined by an order of the director of directorate "Social support" or official, authorised by him. Art. 16a. (new SG 40/03) (1) For issuing of personal card to the persons can be granted one time purposed support up to the amount of the guaranteed minimum income. (2) The amount of the support of para 1 shall be determined by the director of directorate "Social support" depending on the expenses, necessary for buying of forms and payment of the fee for issuing of personal card, for photos and transport expenses.

18 Art. 17. (1) To persons having obtained permit for treatment abroad from the Ministry of health, for the account of its budget, can be granted one-time support for them and their escorts regardless of the support under Art. 16. (2) (amend. SG 40/03) The support under para 1 shall be subject to accounting within two weeks from the return of the person to the country and the unused sum shall be restored to the directorates "Social support". Art. 18. The mothers of many children shall be entitled to free travelling once a year - to and from destination, by the railway and bus transport in the country. Art. 19. (1) (amend. SG 97/01) The disabled with 71 percent or over 71 percent of permanently reduced working capacity, the military disabled and the children up to 16 years of age with permanent disorders shall have the right to free travelling twice a year - to and from destination, by railroad and bus transport in the country. (2) (amend. SG 97/01) The right under para 1 shall be exercised by the escorts of the persons who are entitled to another's help, when travelling with them. Art. 20. (1) (amend. SG 40/03) The right of free transportation under Art. 18 and 19 shall be exercised against presented certificate issued by the directorates "Social support" at the permanent address of the persons. (2) (suppl. SG 40/03) The order of granting and spending the resources for the free transportation shall be determined by an order issued by the Minister of Finance and by the Minister of Transport and Communications. Art. 21. (revoked SG 115/04) Art. 22. (amend. SG 97/01; revoked SG 115/04) Art. 23. (revoked SG 115/04) Art. 24. (amend. SG 97/01; revoked SG 115/04) Art. 25. (1) (amend. SG 42/99, SG 26/02, SG 40/03) The monthly, the purposed and one-time support, by the judgement of the head of the directorates "Social support", shall be provided in kind in the cases when: 1. the parents do not care for their children; 2. the cash support is not used according to its purpose. (2) The support under para 1 can be granted by: 1. partial or full payment of fees in the children institutions, undertaking the expenses for food in the school canteens and public canteens; 2. purchasing foodstuffs, clothes, shoes, school accessories, etc.; 3. in another way determined by social enquiry. (3) (new, SG 42/99) The persons and the families refused to receive the

19 determined support in kind shall be deprived from it for the corresponding month. (4) (new - SG 26/02; Revoked, SG 81/02) Art. 26. (1) (suppl. SG 40/03) The social support shall be conceded on the basis of application-declaration in a form, filed by the person of age to the directorates "Social support" and after presenting of personal card or personal passport. (2) For parents who are underage the application - declaration shall be filed by the parent having identification document or by a legal representative. (3) (amend. SG 40/03) The application for social support shall be filed once within the frames of a calendar year. (4) (amend. SG 40/03) To the application - declaration shall be attached: 1. documents for the incomes from: a) legal relations of employment and/or equalled to them legal relations; b) implementing of services with personal labour; c) activities in the field of agriculture, forestry and water economy; d) scholarships; 2. medical certificate, record of PCC, expert order of TEMC or NEMC and expert order of the REMCC or of the Central expert medical consultative commission (REMCC); 5. military card for reference. (5) If necessary the municipal offices for social support can require other documents. (6) (suppl. SG 40/03) When processing the applications for social support required by official order shall be the necessary information from the territorial structures if the tax administration, from the directorates "Employment bureaux", from the territorial departments "Social assurance" and from other state and municipal institutions as well as by individuals and they shall be obliged to provide it within 14 days from the date of its request. Art. 27. (amend. SG 40/03) (1) Within 20 days from filing the application-declaration the social worker shall carry out social enquiry and prepare social report according to appendix No 2. (2) At implementing of the social enquiry shall be taken in mind also all other established circumstances of social, family, every day life and health character, referring to the opportunity for self support and/or support from persons, obliged under law to ensure maintenance. (3) On the basis of the results of the social enquiry in the report of para 1 the social worker shall make proposal for granting or refusing the support, its kind and amount. (4) If necessary in the social report the social worker shall make proposal for preparing of individual project for social integration or the persons and/or the families. Art. 28. (amend. SG 40/03) (1) In 7 days term after the presenting of the social report the director of directorate "Social support" or an official, authorised by him shall issue an order according to appendix No 3.

20 (2) In 7 days term after the issuing of the order the interested person shall be notified in writing. Art. 29. (revoked SG 40/03) Art. 30. (amend. SG 40/03) The directorates "Social support" shall monthly prepare a list of the persons and the families who have acquired right of monthly social support which shall be announced in a visible place in the building of the directorates "Social support". Art. 31. (1) (amend., SG 42/99) The monthly support shall be granted from the first of the month of filing the applications and shall be paid not later than the end of the month following the month for which the support has been granted, within the framework of the budget year except the supports for December which shall be paid at latest till January 31 of the following year. (2) The payment of the support can be made in cash or through a bank transfer. Art. 32. (1) (prev. text of art SG 97/01, amend. SG 40/03) The monthly support shall be discontinued with an order by the director of directorate "Social support" or an official, authorised by him from the first day of the month, following the month during which the grounds for granting it has been dropped. (2) (new SG 97/01, amend. SG 40/03) The monthly aid shall be changed, stopped and renewed by the chief of the directorates "Social support" or by an official authorised by him. Art. 33. (revoked SG 40/03) Art. 34. The municipal offices for social support shall keep obligatory documentation for the granted support whose term of keeping shall be 5 years, considered from the month of their discontinuation. Art. 35. (revoked SG 40/03) Chapter three. SOCIAL SERVICES Art. 36. (amend. SG 40/03) (1) The social services shall be provided in the community and in specialised institutions. (2) Social services, provided in the community, are: 1. personal assistant; 2. social assistant; 3. home assistant;

21 4. home social patronage; 5. day centre; 6. centre for social rehabilitation and integration; 7. centre for temporary accommodation; 8. accepting care; 9. crisis centre; 10. centre for accommodation of family type; 11. protected homes; 12. public canteens. (3) Specialised institutions for conceding of social services are: 1. homes for children or youths with damages; 2. homes for elderly people with damages; 3. social education-professional establishments; 4. homes for elderly people; 5. asylums; 6. homes for temporary accommodation. (4) Social services in the specialised institutions shall be conceded after depleting of the opportunities for implementing of services in the community. (5) At necessity and according to the needs of the population of each municipality other kinds of social services can also be opened. (6) The social services can be conceded for a short term and/or for a long term. Art. 36a. (new SG 40/03) (1) The executive director of the Agency for social support shall permit opening or closing of specialised institution for conceding of social services, on proposal by the director of the regional directorate for social support. (2) To the proposal of para 1 shall be attached the following documents: 1. motivated order of the municipal council for opening or closing of the specialised institution, pointing out the capacity, the number of the staff, the resources for salary, the material maintenance and the date of opening or closing of the specialised institution; 2. copy of a document for ownership of the building, in which the services will be conceded. (3) In 14 days term after receiving of the proposal of para 1 the executive director of the Agency for social support shall permit or refuse with an order the opening or the closing of the specialised institution for conceding of social services. (4) The refusal for issuing of the permission of para 3 shall be subject to appeal by the order of the Law of the administrative procedures. Art. 37. (amend. SG 40/03) (1) The mayor of the municipality can assign the management of the specialised institutions and the conceding of social services in the community after conducting of competition. (2) The competition of para 1 shall be opened with an order of the mayor of the municipality, in which shall be determined: 1.the conditions for participation and the requirements to the candidates; 2. the characteristics and the specifics of the conceded social services; 3. the financing and the way of conceding of the resources;

22 4. the documents for participation; 5. the date, the hour and the way of conducting of the competition; 6. the final term and the place for submitting of the documents; 7. the final term for announcing of the results of the competition; 8. the way of assessment; 9. other specific conditions. (3) In the competitions of para 1 can participate providers of social services, who are entered in the register of the Agency for social support. Art. 38. (amend. SG 40/03) (1) The announcement for conducting of the competition of art. 37, para 1 shall be published in at least one national and one local daily newspaper at least 45 days before the date of conducting of the competition. (2) The competition shall be conducted by a commission, determined with an order by the mayor of the municipality. (3) In the commission of para 2 shall be included also a representative of the Agency for social support. (4) In 14 days term after the conducting of the competition the commission shall implement assessment of the candidates according to the following criteria: 1. compliance of the candidate with the preliminary announced conditions; 2. experience of the candidate in conceding of social services and commercial reputation; 3. working capacity of the candidate and qualification of the cadres; 4. financial stability of the candidate; 5. programme for development of the social services, presented by the candidate; 6. other requirements. (5) The commission shall compile a record for its work and grade the participants in the competition. Art. 39. (amend. SG 40/03) (1) On the basis of the record of art. 38, para 5 the mayor of the municipality shall in 3 days term issue an order, with which defines the candidate competition winner. (2) The results of the competition shall be announced to the persons, participated in it in 7 days term after the issuing of the order of para 1. (3) The order shall be subject to appeal by the order of the Law of the administrative procedures. (4) The appealing of the order of para 1 shall not stop its fulfilment. Art. 39a. (new SG 40/03) (1) On the basis of the order of art. 39, para 1 the mayor of the municipality and the candidate, classified at first place, shall conclude a contract, with which shall be provided: 1. the subject of the contract kind and amount of the offered social services; 2. the price of the contract; 3. the guarantees for the use of the conceded budget resources; 4. the rights and the obligations of the parties;