Cessation of the monthly allowance for parents or legal representatives of the child with severe disability / the person or family who has received in placement a child with severe disability, adults with severe disability / their legal representatives*
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The procedure describes the activities carried out for the cessation of the monthly allowance provided for 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 completions.
The termination of the right to the monthly allowance is made in the following situations:
- at the request of the beneficiary;
- following the death of the beneficiary;
- following a change in the degree of disability after reassessment;
- following a change of address of the beneficiary to another locality within Sibiu county or another county;
- as a result of failing to meet the conditions that formed the basis for granting the allowance (expiration of the validity of the certificate for severe disability with personal assistant, expiration of the identity card or ID card);
- 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, medico-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 when adults with severe disabilities are under the care and protection of the professional personal assistant.
Persons who no longer meet the conditions for the granting of the right to the monthly allowance submit to the Sibiu Social Assistance Directorate an application by which they notify the institution of this fact.
The cessation of the allowance is made starting with the month following that in which the person with severe disability with personal assistant no longer meets the conditions that led to the establishment of the right by the Order issued by the Mayor of Sibiu Municipality, which will be communicated to the relatives.
Amounts due as monthly allowance and unpaid until the death of the person with severe disability with personal assistant are paid to the surviving spouse, children, parents or, in their absence, to other heirs, in accordance with common law.
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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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