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Childcare allowance in 2011 - 12 months prior to birth

Childcare allowance in 2011 - 12 months prior to birth

GEO 111/2010 stipulates that persons who, in the last year prior to the date of the child's birth, have received income subject to income tax for the benefit of the child-raising allowance in 2011. In connection with these 12 months before birth there are a lot of questions from mothers.

Question: How to calculate the allowance in the case of a person who has benefited from leave and allowance, then returned to work, and after a period of several months another child is born?
Answer: If the person has completed the CCC previously, then the second child has worked and gives birth, when establishing the basis for calculating the CCC allowance for the second child, all the income subject to tax is taken into account, as well as and allowance for raising the first child, income related to maternity risk leave or prenatal leave. The basis for calculating the allowance is determined as the total amount of the income made in the last 12 months prior to the child's birth date and divided by 12.

Question: Is the technical unemployment considered as the period of eligibility when establishing the right to compensation?

Answer: The period of temporary interruption of the activity on the initiative of the employer, without ceasing the employment relationship, for economic, technological, structural reasons, according to the law, is the assimilated period and includes the technical unemployment, taking into account when determining the amount of the allowance for raising the child. .
Question: Can reducing the work schedule to 2 hours a day affect obtaining childcare allowance?

Answer: Only one hour of activity per day is sufficient to ensure eligibility for child rearing allowance. Also, it is necessary to present on file the document from the employer certifying the measures taken by him, such as: reducing the work program, collective dismissal, etc.

Therefore, if the employer certifies the daily presence, and in the income tax certificate, they also appear periods of technical unemployment, if they exist, the person is entitled to receive child support allowance.

If he has a reduced work schedule or is in technical unemployment, this will not affect him obtaining the compensation, because he has no interruption in working time due to his will. These causes are due to the will of the employer. The only drawback is that these periods will affect the amount of the allowance.

EXAMPLE: This means that: if the employee worked for 10 months only 4 hours a day, and 2 months was in technical unemployment, in the end she is eligible for the compensation, calculated in relation to the income obtained - 75% of the net income, but not less than 600 lei per month.

Question: Is it possible to cover missing periods from the legal period of 12 months prior to the child's birth, through the retroactive payment of social insurance contracts with CNPP or of health insurance contracts with CNAS?
Answer: In order to grant the child growth allowance, the payment of social insurance contributions is not relevant. The only way is to make income subject to income tax or if the person was in one of the following situations:

  • have benefited from unemployment benefit, established according to the law, or have completed periods of contribution in the public pension system, under the conditions provided by the normative acts of special character that regulate the collective redundancies;
  • they were in the record of the county agencies for employment, respectively of the municipality of Bucharest, in order to grant the unemployment allowance;
  • have benefited from holidays and social health insurance benefits provided by the Government Emergency Ordinance no. 158/2005 regarding the holidays and indemnities of social health insurance, approved with modifications and completions by Law no. 399/2006, with the subsequent modifications and completions;
  • have benefited from medical leave and allowances for the prevention of illnesses and the recovery of the work capacity, exclusively for the situations resulting as a result of work accidents or occupational diseases, according to Law no. 346/2002 regarding insurance for occupational accidents and occupational diseases, republished;
  • have received an invalidity pension, according to the law;
  • it is in the period of temporary interruption of the activity, at the initiative of the employer, without ceasing the employment relationship, for economic, technological, structural or similar reasons, according to the law;
  • benefited from leave and monthly allowance for child rearing;
  • benefited from leave and monthly allowance for raising the disabled child;
  • benefited from leave without payment for child rearing;
  • is in the period of 3 months from the termination of an employment contract for the specified duration and the beginning of another employment contract for the determined duration, as defined by Law no. 53/2003 - Labor Code, with subsequent amendments and completions;
  • they accompanied their husband / wife sent / sent on a permanent mission abroad;
  • they performed or performed the military service on a voluntary basis, were concentrated, mobilized or imprisoned;
  • attends, without interruption, the day courses of pre-university education or, as the case may be, university and post-university level at the level of master's degree studies, organized according to the law, in the country or in another Member State of the European Union;
  • have the quality of doctoral student, under the conditions provided by art. 20 and 21 of the Government Decision no.567 / 2005 regarding the organization and conduct of the doctoral university studies, with the subsequent modifications;
  • is in the period between the conclusion of a form of pre-university education and the beginning, in the same calendar year, of another form of pre-university education, day courses, organized according to the law, frequented without interruption;
  • is in the period between graduating the day courses of pre-university education, organized according to the law, and beginning the university education, day courses, in the same calendar year;
  • is in the period between the conclusion of a form of university education, day courses, with or without exams of license or diploma, and the beginning, in the same calendar year, of another form of university education, day courses, organized according to the law , frequented without interruption;
  • is in the period between the conclusion of a form of university education, day courses, with or without a bachelor's or diploma examination, and the beginning, in the same calendar year, of the post-university education at the level of the master's degree studies, day courses, organized according to the law, frequented without interruption;
  • it is in the period between the conclusion of a form of post-university education, day courses, and the beginning, in the same calendar year, of another form of post-university education, day courses, organized according to the law, attended without interruption;
  • is within 60 days from the completion of the compulsory education courses or, as the case may be, from the graduation of the day courses of the pre-university, university and post-university education at the level of the master's degree studies, organized according to the law, with or without the graduation exam, in order to employ or, as the case may be, the transition to unemployment, calculated starting with the date of the 1 month following the completion of the studies;
  • have benefited from leave without payment to participate in training and professional development courses at the initiative of the employer or to which he gave his consent, organized according to the law.

The article is written by Krisstina, the moderator of the Legal Counseling section of the Forum. If you have questions regarding the childcare allowance you can log in to the forum and ask questions.

Tags Allowance 2011 Allowance for childcare 2011 Allowance for maternity Allowance file Allowance for allowance