Transmission of instructions to the mayor for approval/modification of the holder/maintenance/suspension/cessation/extension of the granting (incentive) of the right to minimum inclusion income*
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Art.38 of Law 196/2016
By the 20th of each month, the staff of the territorial agency verifies the fulfillment of the eligibility criteria, as resulting from the data processed within SNIAS, and establishes the final amount of the components of the minimum inclusion income for which the mayor's order provided in art. 36 para. (1) was issued.
(2) For the completion of the verification provided in para. (1), the territorial agency may request information and documents from local and central public administration authorities, as well as from other institutions, regarding the conditions provided by this law for granting the minimum inclusion income, if these are not found in SNIAS.
(3) Upon completion of the verification provided in para. (1), the executive director of the territorial agency issues the payment establishment decision, in which the mayor's order and the amount of the minimum inclusion income, broken down by components, are mentioned.
(4) The model of the decision provided in para. (3) is approved by the methodological norms for the application of the provisions of this law.
(5) The decision of the executive director of the territorial agency for payments and social inspection constitutes the payment document for the minimum inclusion income and is communicated to its holder within a maximum of 10 days from the date of issuance.
(6) The right is paid in the month following the one in which the payment establishment decision was issued by the executive director of the territorial agency for payments and social inspection.
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ART. 39 of Law 196/2016
(1) The change, at request or ex officio, of the holder of the minimum inclusion income is made by written order of the mayor and is communicated, within 5 days from the date of issuance, to the new holder and, where applicable, to the previous holder.
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(2) Based on the written order of the mayor, provided in para. (1), available within SNIAS, the executive director of the territorial agency issues a new payment establishment decision which is sent to the new holder, within a maximum of 10 days from the date of issuance.
ART. 40*
(1) If there are changes in the composition of the family and/or the incomes of the minimum inclusion income beneficiaries, the right holder has the obligation to submit to the town hall, within no more than 10 working days from the date of the modification, a declaration on own responsibility regarding the occurred changes, accompanied by supporting documents, as the case may be.
(2) After verifying, according to the provisions of art. 33, the data and information entered in the declaration and documents provided in para. (1), if it is found necessary to establish a new amount of the minimum inclusion income, the mayor issues an order for maintaining or terminating the right, as the case may be.
(4) The territorial agency for payments and social inspection verifies the data and information regarding the family composition and incomes entered in the declaration and documents provided in para. (1), as well as in the mayor's order for maintaining or terminating the right, existing in SNIAS.
(5) Upon completion of the verification provided in para. (4), the executive director of the territorial agency, based on the mayor's order provided in para. (2), issues the decision to maintain or terminate the payment in which the mayor's order is mentioned. In the case of maintaining payment, the decision also contains the amount of the minimum inclusion income, broken down by components.
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The legislation does not contain special provisions regarding appeals; in case of disputes, the common law provisions apply.
*Competent entities
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