Termination of the monthly allowance for parents or legal representatives of the child with severe disabilities / the person or family who has taken in placement a child with severe disabilities, adults with severe disabilities / 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 beneficiary's request;
- following the death of the beneficiary;
- following a change in the degree of disability after reevaluation;
- following a change in the beneficiary's domicile to the area of another locality in Sibiu county or another county;
- as a result of not meeting the conditions that were the basis for granting the allowance (expiration of the validity of the certificate attesting severe disability with a personal assistant, expiration of the validity of the identity card or bulletin);
- following the admission of the person with severe disability with a personal assistant into a public residential center or other types of public residential institutions of social or medical-social character where full maintenance is provided by the public administration authority for a period longer than one month, as well as in the case where adults with severe disabilities are in the care and protection of a professional personal assistant.
Persons who no longer meet the conditions for granting the right to the monthly allowance submit to the Social Assistance Department Sibiu an application by which they inform the institution of this fact.
The allowance ceases with the month following the one in which the person with severe disability with a personal assistant no longer meets the conditions that led to the decision establishing the right by the Order issued by the Mayor of Sibiu Municipality, which will be communicated to relatives.
Amounts as monthly allowance due and unpaid until the death of the person with severe disability with a 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 case of a dispute between the beneficiary and the competent authority, the common law provisions apply.
*Competent entities
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