Termination of the monthly allowance for parents or legal representatives of the child with severe disability / the person or family who has received a child with severe disability in foster care, adults with severe disability / their legal representatives*
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Cetateni
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The procedure describes the activities carried out for the termination of the monthly allowance provided in art.42 para.4 of Law no.448/2006 regarding the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and additions.
The termination of the right to the monthly allowance is done in the following situations:
- at the request of the beneficiary;
- following the death of the beneficiary;
- following the change of the degree of disability after reassessment;
- following the change of domicile of the beneficiary to another locality in Sibiu county or another county;
- as a result of not fulfilling the conditions that were the basis for granting the allowance (expiration of the validity of the certificate of classification in severe disability with personal assistant, expiration of the validity of the identity card or bulletin);
- following the admission of the person with severe disability with personal assistant into a public residential center or other types of public residential institutions with a social or medical-social character where complete maintenance is provided by the public administration authority for a period greater than one month, as well as in cases where adults with severe disabilities are under the care and protection of the professional personal assistant.
Persons who no longer meet the conditions for granting the right to the monthly allowance submit to the Social Assistance Directorate Sibiu a request by which they inform the institution of this fact.
The termination of the allowance is made starting with the month following the one in which the person with severe disability with personal assistant no longer meets the conditions that led to the establishment of the right through the Decree issued by the Mayor of Sibiu Municipality, which will be communicated to the relatives.
The amounts due as monthly allowance and unpaid until the death of the person with severe disability with personal assistant shall be paid to the surviving spouse, children, parents or, in their absence, other heirs, under common law conditions.
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In the event of a dispute between the beneficiary and the competent authority, the provisions of common law shall apply.
*Competent entities
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