Leave and Monthly Allowance Childcare Insertion Incentive

Child-raising allowance/Insertion allowance

The Social Protection Service of the Social Assistance Department of Târgu Mureș is responsible for receiving, registering, verifying and forwarding to the Mureș County Agency for Payments and Social Inspection (AJPIS Mureș) the applications and documents on which the granting of social assistance rights/benefits are based, submitted by beneficiaries residing in the Municipality of Târgu Mureș.

Legislation

O.U.G no. 111/2010 on leave and monthly child-raising allowance with subsequent amendments and additions;

H.G. no. 52/2011 for the approval of the methodological rules for the application of the provisions of O.U.G no. 111/2010 on leave and monthly allowance for child raising with subsequent amendments and additions;

H.G. nr. 536/2021 pentru modificarea și completarea Normelor metodologice de aplicare a prevederilor O.U.G. nr. 111/2010 privind concediul și indemnizația lunară pentru creșterea copiilor aprobate prin H.G. nr. 52/2011

Hotărârea nr. 865 din 14 septembrie 2023 pentru modificarea și completarea Normelor metodologice de aplicare a prevederilor Ordonanței de urgență a Guvernului nr. 111/2010 privind concediul și indemnizația lunară pentru creșterea copiilor, aprobate prin Hotărârea Guvernului nr. 52/2011.

Persons who meet the conditions for a traineeship, according to the law (have earned taxable income for 12 months in the 24 months preceding the birth of the child or have been in periods of assimilated traineeship), can optionally benefit from the following rights:

• Parental leave for children up to the age of 2, respectively 3 years in the case of a disabled child, and a monthly allowance.
• During the period in which they are entitled to parental leave, people who earn taxable income are entitled to an insertion incentive.

Beneficiaries

The following persons, from now on referred to as entitled persons, shall be entitled to the rights provided for by GEO No 111/2010 on leave and monthly child-raising allowance, from now on referred to as the emergency ordinance:
a) any of the child's/children's natural parents;
b) any of the spouses to whom the child/children have been entrusted for adoption or who have adopted the child/children, respectively, each in the case provided for in Article 10 of the above-mentioned Emergency Ordinance;
c) the person who has the child in foster care or emergency placement;
(d) the professional childminder, only for his natural or adopted children;
e) the person who has been appointed guardian.

The entitled persons referred to above shall benefit from the rights provided for in the Emergency Ordinance if they fulfil the following conditions:
a) falls under the provisions of Article 2 para. (1) or, as the case may be, the provisions of Article 2 (1) (5) and (6) or the provisions of Article 31 (5) and (6) or the provisions of Article 31 (5) and (6) (1) and Article 32 (1) and (2) (1), point (1), point (1)(a) and (2). (c) and (d) and Article 32(1)(c) and (d) and (2)(c) and (d). (2) of O.U.G. no. 111/2010;
b) are Romanian citizens or, where applicable, foreigners or stateless persons;
c) are domiciled or resident in Romania, according to the law;
d) they live in Romania with the child/children for whom they claim rights and are responsible for their upbringing and care.

Clarifications on the minimum one-month period of child-raising allowance of the other parent

• Dacă ambii părinţi au realizat stagiul de cotizare de 12 luni, în ultimele 24 luni înainte de a se naşte copilul, celălalt părinte are dreptul să solicite indemnizație de creștere a copilului cel puţin 2 luni, iar perioada de plată a indemnizației primului părinte va fi redusă cu 2 luni;
• The other parent is not obliged to apply for this right, but if he/she does not wish to benefit from the child-raising allowance, he/she is legally obliged to notify, in writing, the Mures County Agency for Payments and Social Inspection (AJPIS), at least 30 days before the child's 2nd birthday, that he/she does not wish to apply for this right;
• Dacă se naşte un alt copil, înainte ca cel pentru care se primesc drepturile să împlinească vârsta 1 an şi 10 luni, lunile celuilalt părinte pentru primul copil se cumulează cu lunile pentru următorul copil, părintelui care beneficiază deja de drepturi urmând să i se reducă plata indemnizației celui de al doilea copil cu 4 luni; Pentru acordarea indemnizației pentru creșterea copilului de la data suspendării activității profesionale, respectiv a intrării în concediul prevăzut la alin. (1), cererea și documentele doveditoare se depun în termen de maximum 15 zile de la data suspendării activității;
• In order to ensure continuity of payment for the parent already receiving entitlement, in the above situation where the next child is born, the spouse on parental leave may submit the application for entitlement for the next child 30 days before the first child reaches the age of two;
• Suppose the entitled person earns taxable income at least 30 days before the child reaches the age of 2 or 3 in the case of a disabled child. In that case, the insertion incentive is granted until the age of 3 or 4 in the case of a disabled child (provided that taxable income is earned during this period).

The file must be submitted in person by the applicant to the town hall of residence or the Social Assistance Department of Targu Mures within a maximum of 60 working days from the termination of employment.

Award of leave/monthly allowance/childcare support for disabled children

For a child with a disability who has reached the age of 3 years, any of the natural parents or the person to whom the child has been entrusted for adoption or who has the child in foster care or emergency care, as well as the person who has been appointed guardian, shall be granted leave for the care of the child up to the age of 7 years, as well as a monthly allowance equal to 85% of the amount of the gross minimum wage in the country, as follows:

• in continuation of parental leave up to 3 years in the case of a disabled child, starting from the day following the day on which the parental leave and allowance previously granted ceases, if the application is submitted within 30 days of that date;
• at any time until the child is 7 years oldfor persons who were entitled to parental leave on the basis of the legislation governing this entitlement at the time of the child's birth - entitlement is granted from the date of application;
• at any time from the child's 3rd birthday onwardsfor persons who did not receive parental leave and the related allowance, but who in the last 12 months before applying for parental leave earned taxable income. Entitlement is granted from the date of application.

Entitled person benefits

Any of the entitled persons who have a dependent child with a disability shall be entitled to the following rights, as appropriate:

• monthly support amounting to 45% of the minimum amount of the allowance, granted to the severely disabled person who has no income other than social assistance benefits for disabled persons until the child reaches the age of 3 years or 35% of the minimum amount of the allowance for a child aged between 3 and 7 years;
• monthly support in the amount of 35% of the minimum amount of the allowance (set as 85% of the gross minimum wage), granted to a person who does not meet the conditions laid down by law for the granting of parental leave and the related monthly allowance, until the child reaches the age of 3 years or 15% of the minimum amount of the allowance for a child aged between 3 and 7 years;
• a person with a serious or severe disability who has a dependent child and who does not meet the conditions laid down by law for the granting of parental leave and the related monthly allowance shall receive monthly support amounting to 45% of the minimum amount of the allowance until the child reaches the age of 2 years or 15% of the minimum amount of the allowance for a child aged between 2 and 7 years.

These rights are not available to a parent who is also a personal assistant or who receives the carer's allowance for the same child.

IMPORTANT!

As of 1 July 2016, any parent or entitled person who is effectively engaged in the upbringing and care of a child with a serious or severe disability aged 3 to 18 years and works a reduced work schedule of 4 hours may receive a monthly allowance equal to 50% of the minimum child-raising allowance.

The Agency for Payments and Social Inspection (AJPIS) Mures is here to support you. They handle the payment of allowances, indemnities, and incentives, as well as the settlement of claims.

Complaints concerning the calculation and payment of child-raising allowance, state child allowance, and insertion incentive submitted by persons legally domiciled in the municipality of Targu Mures are the responsibility of the County Agency for Payments and Social Inspection (AJPIS) Mures.

The file must be submitted in person by the applicant to the town hall of residence or the Social Assistance Department of Targu Mures within a maximum of 60 working days starting from the day following the day on which the maternity leave ends, according to the law, or within a maximum of 60 working days from the date of birth of the child, for persons who have not benefited from this leave-allowance for a child aged between 2 and 7 years.

Documents required for child-raising allowance/insertion subsidy (new file)

• Application and affidavit for child-raising allowance/stimulus and state child allowance - standard form - Annex 1 to GD 449/2016 (original);
• Identity documents of both parents of the child (original + copies);
• Child's birth certificate (original + copy);
• Certificatul de căsătorie;
• The certificate issued by the employer - standard form - Annex 2 to the GD for the modification and completion of the methodological norms for the application of the provisions of GEO no. 111/2010 on leave and monthly child-raising allowance approved by GD no. 52/2011 (original);
• The decision to suspend the employment contract.
• For child-raising allowance/stimulus on account: Extrasul de cont va cuprinde exclusiv informații privind codul IBAN și numele titularului, conform legislației în vigoare privind prelucrarea și protejarea datelor cu caracter personal, The applicant must be the account holder.

Other documents required as appropriate:

• Maternity leave document:
  • Certificate issued by the maternity allowance payer (CNAS-Mureș) regarding pregnancy and childbirth medical leave showing the period during which she received maternity allowance (original);
• Ancheta socială efectuată de autoritatea tutelară în situaţia în care părinţii copilului nu sunt căsătoriţi, dar copilul a fost recunoscut (conform art. 2 alin. (3) din HG nr. 1291/18.12.2012) (original + copie);
• Certificate of the child's disability (original + copy).

For children born in an EU country other than Romania/migrant worker parents:

• Single tax returns for self-employment tax payments for the 24 months before birth (original + copies);
• Declarația unică de la ANAF privind impozitul pe venit și contribuțiile sociale datorate de persoanele fizice, din anul anterior nașterii copilului, respectiv din anul nașterii copilului;
• Adeverință de la Casa Națională de Sănătate privind concediile medicale;
• Copie după autorizația de funcționare;
• Adeverință de suspendare a autorizației;
• Certificate issued by the Financial Administration certifying the income earned for the 12 months of the last 24 months before the birth of the child (original);
• Any other documents necessary to clarify the file.

The applicant submits the file to the town hall of residence respectively, the Social Assistance Department of Targu Mures, within a maximum of 60 working days from the date of suspension of activity.

Documents required for the award of the insertion incentive when returning to work

• Application and affidavit for child-raising allowance/stimulus and state child allowance - standard form - Annex 1 to GD 449/2016 (original);
• Identity documents of both parents of the child (original + copies);
• Child's birth certificate (original + copy);
• Marriage certificate + birth certificates of other children (original + copies);
• Decision Resumption of the employment contract.
• To grant the insertion incentive in the account: The account statement will contain only information on the IBAN code and the holder's name, as per the legislation in force on processing and protecting personal data. The applicant must be the account holder.

Other documents required as appropriate:

• Certificate issued by the Financial Administration showing the date of resumption of activity (original);
• Any other documents necessary to clarify the file.

The file must be submitted in person by the applicant to the town hall of residence or the Social Assistance Department of Targu Mures within a maximum of 30 working days after returning to work.