Alternative recipient

If the beneficiary does not use the child allowance for the purpose for which it is intended and if the allowance is not provided through an alternative recipient, the office of Labour, social affairs and family – on its own initiative or on the initiative of another legal entity or individual – suspends payment of the allowance to the beneficiary and remits it to another entity:

• another beneficiary; or
• a facility for child protection and social guardianship or a special correctional facility in which the dependent child is placed.

If the reason why the allowance is paid to another entity passes, the office of Labour, social affairs and family discontinues the payment of the allowance to that other entity and resumes payment to the beneficiary.

Alternative recipient

The office of Labour, social affairs and family appoints an alternative recipient of the allowance if:

• a) a written notification from the headteacher shows that the beneficiary is neglecting the dependent child’s compulsory education;
• b) it discovers that the beneficiary is not using the allowance for its intended purpose;
• c) a notification from a competent authority pursuant to Act No 372/1990 on minor offences, as amended, shows that the minor dependent child for whom an allowance and a supplement are paid to the beneficiary has committed a minor offence; this also applies if the minor dependent child was under 15 years of age at the time the offence was committed and the administrative authority has therefore dropped the case or discontinued the proceedings on the offence;
• d) a correctional measure is imposed on the dependent child or on the dependent child’s parent; or
• e) the allowance and the supplement are paid to a beneficiary who receives a hardship benefit and supplementary allowances, or is jointly assessed with someone who receives such a benefit and allowances, and the hardship benefit and supplementary allowances are provided to them via an alternative recipient.

The alternative recipient of the allowance and the supplement under (a) to (d) is the municipality in which the beneficiary permanently or temporarily resides or, if justified, another person.

The payer appoints an alternative recipient under (c) for a period of 3 consecutive calendar months. If the minor dependent child does not commit another offence in the 3 consecutive calendar months following the calendar month in which the payer decided to appoint an alternative recipient of the allowance and the supplement under (c), the payer stops using that alternative recipient.

If, over the period that the alternative recipient of the allowance and the supplement under (c) is appointed, the minor dependent child commits another offence according to notification from the competent authority, the payer withdraws the allowance and the supplement for that minor dependent child. The allowance and supplement for this minor dependent child can be reclaimed, at the earliest, 3 consecutive calendar months after the withdrawal of the allowance and supplement, provided that the minor dependent child does not commit an offence in that time.

If, over the period that the alternative recipient of the allowance and the supplement under (a), (b), (d) or (e) is appointed, the minor dependent child commits an offence, the payer withdraws the allowance and the supplement for that minor dependent child. An allowance and supplement for this minor dependent child can be reclaimed, at the earliest, a) 3 consecutive calendar months after the withdrawal of the allowance and supplement, provided that the minor dependent child does not commit an offence in that time; or b) from the calendar month in which the minor dependent child begins to systematically prepare for a career before reaching the age of majority.

The payer will stop using the alternative recipient of the allowance and supplement appointed under:

• a) (a) if the beneficiary duly ensures the compulsory education of the dependent child, but not earlier than 3 consecutive calendar months as of the appointment of the alternative recipient;
• b) (b) if the reasons for appointing the alternative recipient have ceased to exist;
• c) (d) after a correctional measure has been evaluated and lifted, assuming it has served its purpose.

If the beneficiary does not use the child allowance for the purpose for which it is intended, the office of Labour, social affairs and family – on its own initiative or on the initiative of another legal entity or individual – suspends payment of the allowance to the beneficiary and remits it to:

• another beneficiary;
• the municipality in which the dependent child permanently or temporarily (if a nonnational) resides; or
• a social service facility in which the dependent child is placed.