Social Assistance Act

 Promulgated, SG No. 56/19.05.1998, amended, SG No. 45/30.04.2002, amended and supplemented, SG No. 120/29.12.2002, effective 1.01.2003, SG No. 18/28.02.2006, amended, SG No. 30/11.04.2006, effective 12.07.2006, SG No. 105/22.12.2006, effective 1.01.2007, amended and supplemented, SG No. 52/29.06.2007, amended, SG No. 59/20.07.2007, effective 1.03.2008, SG No. 58/27.06.2008, effective 1.07.2008, amended and supplemented, SG No. 14/20.02.2009, supplemented, SG No. 41/2.06.2009, effectve 1.07.2009, amended, SG No. 74/15.09.2009, effective 15.09.2009, amended and supplemented, SG No. 15/23.02.2010, supplemented, SG No. 9/28.01.2011, amended and supplemented, SG No. 51/5.07.2011, SG No. 32/24.04.2012, effective 24.04.2012, amended, SG No. 15/15.02.2013, effective 1.01.2014, SG No. 66/26.07.2013, effective 26.07.2013, SG No. 98/28.11.2014, effective 28.11.2014
 __________
 *Note: An update of the English text of this Act is being prepared following the amendments in SG No. 8/29.01.2016
 Text in Bulgarian: Çàêîí çà ñîöèàëíî ïîäïîìàãàíå 
 Chapter One
GENERAL PROVISIONS

 Article 1. (1) (Amended, SG No. 32/2012, effective 24.04.2012) This Act regulates the social relations associated with guaranteeing the right of nationals of the Republic of Bulgaria to obtain social support through social assistance benefits and social services.
 (2) (Amended, SG No. 120/2002) This Act is intended:
 1. to assist persons who are unable to secure by their own efforts adequate resources to meet their basic necessities of life;
 2. to strengthen and develop social solidarity in hardship;
 3. (amended, SG No. 32/2012, effective 24.04.2012) to assist with the social inclusion of social welfare and social services' beneficiaries;
 4. to assist the gainful employment of unemployed persons eligible for receipt of monthly social assistance benefits;
 5. to encourage entrepreneurship in the social sphere by making it possible for natural and legal persons to provide social services.
 (3) (New, SG No. 120/2002, amended, SG No. 32/2012, effective 24.04.2012) Social assistance shall be provided in a manner that preserves individuals' dignity and shall be based on social work, while applying a personalized approach and making an integrated needs assessment of individuals and families.
 (4) (New, SG No. 120/2002, repealed, SG No. 32/2012, effective 24.04.2012).
 (5) (Renumbered from Paragraph (3), SG No. 120/2002, repealed, SG No. 32/2012, effective 24.04.2012).
 Article 2. (1) (Amended, SG No. 120/2002, amended and supplemented, SG No. 52/2007, supplemented, SG No. 9/2011) Bulgarian citizens, foreigners holding a long-term or permanent residence permit for the Republic of Bulgaria, foreigners who have been granted asylum, refugee or humanitarian status, and foreigners enjoying temporary protection shall be obliged to make efforts to secure adequate resources for meeting their basic necessities of life.
 (2) (Amended, SG No. 32/2012, effective 24.04.2012) Social assistance shall be provided by means of:
 1. making cash and/or in-kind benefits available for meeting basic necessities of life to persons who are unable to meet them by working or through property in their ownership;
 2. delivering social services.
 (3) (Supplemented, SG No. 120/2002, amended, SG No. 32/2012, effective 24.04.2012) Entitlement to social assistance benefits shall accrue to Bulgarian citizens, families and cohabitees who, due to health, age, social and other reasons beyond their control, are unable to meet their basic necessities of life on their own through their own work or on income accruing from property they own, or with the help of the persons whose obligation under article 140 of the Family Code is to provide for their basic necessities of life.
 (4) (Amended, SG No. 120/2002, amended and supplemented, SG No. 52/2007, supplemented, SG No. 9/2011, amended, SG No. 32/2012, effective 24.04.2012) Receipt of monthly social assistance benefits shall be contingent on performance of community service, except in the case of maternity or where the age and/or health status of the beneficiary make this impossible.,
 (5) (Amended, SG No. 32/2012, effective 24.04.2012) Entitlement to social services shall accrue to Bulgarian citizens, families and cohabitees who after having undergone a needs assessment are found to be in need of assistance to ensure social inclusion and independent living..
 (6) (Repealed, SG No. 120/2002, new, SG No. 32/2012, effective 24.04.2012) The entitlements under (3) and (5) also accrue to foreign nationals who have a long term or permanent residence permit in the Republic of Bulgaria, foreign nationals who received asylum, refugee status or humanitarian status, and foreign nationals who were granted temporary protection, as well as individuals who are provided for in an international treaty that the Republic of Bulgaria is signatory to.
 Article 3. (Amended, SG No. 120/2002, SG No. 32/2012, effective 24.04.2012) The provision of social assistance benefits and social services shall exclude any direct or indirect discrimination of individuals on the basis of sex, race, nationality, ethnic belonging, human genome, citizenship, origin, religion or faith, education, beliefs, political affiliations, personal or public status, disability, age, sexual orientation, marital status, ownership of property, or any other feature established in a law or international treaty that the Republic of Bulgaria is signatory to.
 Chapter Two
SOCIAL ASSISTANCE AUTHORITIES
(Heading amended, SG No. 120/2002)

 Article 4. (1) (Amended, SG No. 120/2002) The Council of Ministers shall determine the state policy in the sphere of social assistance.
 (2) (Amended, SG No. 120/2002) The Minister of Labour and Social Policy shall develop, coordinate and conduct the state policy in the sphere of social assistance.
 (3) (Amended, SG No. 120/2002, supplemented, SG No. 15/2010) The state policy in the sphere of social assistance shall be implemented in cooperation with the state bodies, the regional administrations, the bodies of local self-government and the not-for-profit legal entities pursuing public benefit activities, which create conditions and facilitate the implementation of programmes and projects in this sphere.
 (4) (Amended, SG No. 120/2002, SG No. 74/2009, repealed, SG No. 15/2010). 
(5) (Repealed, SG No. 15/2010).
 Article 5. (Amended, SG No. 120/2002) (1) For implementation of the state policy in the sphere of social assistance, there shall be established a Social Assistance Agency with the Minister of Labour and Social Policy.
 (2) (Amended, SG No. 15/2013, effective 1.01.2014) The Social Assistance Agency shall be an executive agency with the Minister of Labour and Social Policy, and shall be a legal person with a head office in Sofia.
 (3) The Social Assistance Agency shall be represented and managed by an Executive Director.
 (4) There shall be established an Inspectorate with the Executive Director of the Social Assistance Agency.
 (5) (Amended, SG No. 18/2006) The territorial branches of the Social Assistance Agency shall be regional social assistance directorates in the administrative regional centres and Social Assistance Directorates.
 (6) There shall be established Child Protection Departments at the Social Assistance Directorates.
 (7) (Amended, SG No. 18/2006) The operation, structure and staff size of the Social Assistance Agency, the number and territorial coverage of its branches shall be determined by Rules of Organization adopted by the Council of Ministers on a motion by the Minister of Labour and Social Policy.
 Article 6. (Amended, SG No. 120/2002) (1) (Redesignated from Article 6, SG No. 15/2010, amended, SG No. 32/2012, effective 24.04.2012) The Social Assistance Agency shall perform the following functions:
 1. implement the state policy of social assistance;
 2. provide social assistance benefits and social services;
 3. develop a single system to assess and control the performance of Social Assistance directorates and implement specialized control on those directorates through the Inspectorate of the Social Assistance Agency;
 4. coordinate and control the planning and development of social services;
 5. develop quality criteria and standards for social services that shall be subject to endorsement by an ordinance of the Council of Ministers based on a proposal filed by the Minister of Labour and Social Policy;
 6. authorize the opening, closure, change in the type and capacity of social services, which are State-delegated activities;
 7. register persons under Article 18 (1) herein performing social services following the rules and procedure established with the Regulations for Application of this Act;
 8. prepare consolidated annual reports and analyses on activity in the sphere of social assistance benefits and social services and provide the said reports and analyses to the Minister of Labour and Social Policy;
 9. participate in the preparation of drafts of statutory instruments in the sphere of social assistance benefits and social services;
 10. maintain registers of children who are eligible for adoption under the full adoption rules, of adopters under the full adoption rules and of endorsed foster families through the regional social assistance directorates;
 11. carry out other activities as well as designated by a law or an act of the Council of Ministers.
 (2) (New, SG No. 15/2010, amended, SG No. 66/2013, effective 26.07.2013, SG No. 98/2014, effective 28.11.2014) For performance of the functions referred to in Item 2 of Paragraph (1), the Social Assistance Directorates shall be entitled to access at no charge to the Population National Database, which shall be ensured by means of an agreement between the Ministry of Regional Development and Public Works and the Social Assistance Agency, and shall mandatorily request, through official channels, the information they need from the ESGRAON [National System of Civil Registration and Administrative Services to the Public] automated information systems, the territorial structures of the National Revenue Agency, the Registry Agency, the National Employment Agency, the National Social Security Institute and from other state and municipal bodies, as well as from natural and legal persons, and the said bodies and persons shall be obligated to provide any such information at no charge within 14 days after the date of the requesting thereof.
 (3) (New, SG No. 32/2012, effective 24.04.2012) The Minister of Labour and Social Affairs approved an ordinance for career development and social workers in the Social Assistance Agency.
 Article 6a. (New, SG No. 32/2012, effective 24.04.2012) (1) While performing their official duties, the employees of the Social Assistance Agency and the Agency's local offices are entitled to a cash amount for business attire for each calendar year.
 (2) The cash amount per (1) herein that is made available to civil servants working with the Social Assistance Agency and the Agency's local offices shall be provided pursuant to the rules, procedures and amounts specified in the Ordinance concerning the official status of civil servants (promulgated, SG No. 23/2000; corrected, SG No. 47/2000; amended, SG Nos. 53, 62 and 89/2000; corrected, SG No. 90/2000; amended, SG Nos. 28 and 35/2001, Decision No. 3901/2001 of the Supreme Administrative Court - SG No. 54/2001; amended, SG No. 108/2001, SG Nos. 15, 67 and 115/2002, SG Nos. 17, 59 and 109/2003, SG No. 18/2004, SG Nos. 50 and 83/2005, SG Nos. 2, 46 and 68/2006, SG Nos. 46, 64, 92 and 101/2008, SG Nos. 21, 95 and 106/2011 and SG No. 21/2012).
 (3) The cash amount under (1) herein that is made available to employees of the Social Assistance Agency and the Agency's local offices who were hired on full-time employment contracts under the Labour Code shall be provided pursuant to the rules, procedure and amounts specified in an Ordinance by the Minister of Labour and Social Policy coordinated with the Minister of Finance.
 Article 7. (Repealed, SG No. 120/2002).
 Article 8. (Repealed, SG No. 120/2002).
 Article 9. (Repealed, SG No. 120/2002).
 Article 10. (Repealed, SG No. 120/2002).
 Chapter Three
SOCIAL ASSISTANCE BENEFITS

 Article 11. (1) (Redesignated from Article 11 and amended, SG No. 120/2002) Social assistance benefits shall be resources provided in cash and/or in kind which supplement or substitute own incomes up to an amount sufficient to meet the basic necessities of life or to meet incidental needs of the beneficiary persons and families.
 (2) (New, SG No. 120/2002, amended, SG No. 15/2010) Social assistance benefits shall be provided to persons when all other possibilities for self-support and support by the persons covered under Article 140 of the Family Code have been exhausted.
 Article 12. (1) Social assistance benefits shall be:
 1. monthly;
 2. target;
 3. lump-sum.
 (2) (New, SG No. 120/2002) Social assistance benefits shall be granted following an assessment of:
 1. the income of the person or the family;
 2. the applicant's property status;
 3. the applicant's marital status;
 4. the applicant's health status;
 5. (supplemented, SG No. 15/2010) the applicant's employment status and attendance of an educational establishment;
 6. the applicant's age;
 7. other established circumstances.
 (3) (New, SG No. 120/2002) The Council of Ministers shall fix a monthly amount of the guaranteed minimum income, serving as a basis for determining the amount of social assistance benefits under Paragraph (1).
 (4) (Renumbered from Paragraph (2) and supplemented, SG No. 120/2002, amended, SG No. 15/2010) The terms and procedure for the granting, payment, modification, suspension, renewal and termination of social assistance benefits shall be established by the Regulations for Application of this Act with the exception of target benefits for heating, which shall be regulated by an ordinance of the Minister of Labour and Social Policy.
 Article 12a. (New, SG No. 120/2002, repealed, SG No. 15/2010).
 Article 12b. (New, SG No. 120/2002) (1) Unemployed persons eligible for receipt of monthly benefits shall be enrolled in employment programmes endorsed by the Minister of Labour and Social Policy.
 (2) Any persons referred to in Paragraph (1), who have refused to participate in employment programmes, shall forfeit monthly benefits for a period of one year.
 (3) The implementation of the programmes referred to in Paragraph (1) shall be carried out jointly by the municipal administrations, the state-owned, municipal and private enterprises and other legal persons, the territorial branches of the National Employment Agency and of the Social Assistance Agency.
 (4) Enrollment in employment programmes referred to in Paragraph (1) shall be optional for:
 1. persons taking care of children aged under 3 years:
 (a) mothers (female or male adopters);
 (b) single parents;
 (c) tutors;
 2. pregnant women after the first trimester;
 3. persons with permanent disabilities or with certified temporary incapacity to work;
 4. persons taking care of a sick family member or of antecessors or descendants up to the second degree of consanguinity;
 5. persons taking care of a family member or antecessors or descendants up to second degree of consanguinity who are disabled and need constant attendance;
 6. persons suffering from mental diseases diagnosed by the competent authorities.
 Article 12c. (New, SG No. 18/2006, effective 1.07.2006, amended, SG No. 58/2008, effective 1.07.2008, repealed, SG No. 15/2010, effective 1.01.2011).
 Article 13. (Amended, SG No. 120/2002) (1) Social assistance benefits shall be granted on the basis of an application statement submitted by the applicant or by a person authorized thereby.
 (2) Benefits referred to in Paragraph (1) shall be granted by order of the Director of the Social Assistance Directorate or by an official authorized thereby after assessment of all information and circumstances established by means of a social inquiry.
 (3) A refusal to grant social assistance benefits must be reasoned.
 (4) (Amended, SG No. 15/2010) The applicant shall be notified in writing of the order granting social assistance benefits or of a refusal to grant such benefits within 14 days of the issuing of any such order or refusal.
 (5) Any orders referred to in Paragraph (2) shall be appealable before the Director of the Regional Social Assistance Directorate according to the procedure established by the Administrative Procedure Code.
 Article 14. (1) Social assistance benefits shall be exempt from taxes and fees.
 (2) The entitlement to social assistance benefits shall be personal. A renunciation of this entitlement, or the transfer to another person, shall be invalid.
 (3) No deductions may be made from cash social assistance benefits except for:
 1. overdrawn social assistance resources as a result of a technical accounting error;
 2. garnishments for child maintenance receivables.
 (4) (Repealed, SG No. 18/2006). 
(5) (New, SG No. 120/2002, amended, SG No. 18/2006, SG No. 15/2010) Persons who have fraudulently received social assistance benefits shall forfeit such benefits until recovery of the amounts due, but for a period not longer than two years.
 (6) (New, SG No. 120/2002, amended, SG No. 15/2010) Persons who have failed to use a target benefit for heating as intended shall forfeit the entitlement to such benefit during the next heating season.
 (7) (New, SG No. 120/2002) The receivables of persons under this Act shall be extinguished within three months reckoned from the end of the month to which the said receivables apply.
 Article 14a. (New, SG No. 18/2006) (1) (Amended, SG No. 32/2012, effective 24.04.2012) In the event of receipt of alert of fraudulently received social assistance benefits or at the discretion of the Director of the respective Social Assistance Directorate, an inspection shall be performed by a Directorate official.
 (2) The inspection results shall be set out in a memorandum of ascertainment, which shall be drawn up by the official referred to in Paragraph (1), who shall submit the said memorandum to the Director of the Social Assistance Directorate within three days.
 (3) In case fraud is ascertained, the Director of the Social Assistance Directorate shall issue a reasoned order on recovery of the social assistance benefit received together with legal interest.
 Article 14b. (New, SG No. 18/2006) (1) The order referred to in Article 14a (3) herein shall be appealable according to the procedure established by the Administrative Procedure Code within seven days of the day of receipt. Such appeal shall stay the execution of the order and no anticipatory enforcement shall be admitted.
 (2) (Amended, SG No. 59/2007) The coercive enforcement of the order referred to in Article 14a (3) herein shall be admitted on a motion by the Social Assistance Directorate according to the procedure established by Article 418 of the Code of Civil Procedure.
 Article 14c. (New, SG No. 18/2006) The parties shall be exempt from stamp duty in the proceedings under Article 14b herein.
 Article 15. (Amended, SG No. 120/2002, redesignated from Article 15, SG No. 15/2010) Persons assisted under this Act shall be obliged to notify the competent Social Assistance Directorate in writing of all changes in the circumstances listed in Items 1 to 7 of Article 12 (2) herein not later than one month after occurrence of any such changes.
 (2) (New, SG No. 15/2010) Upon non-fulfilment of the obligations referred to in Paragraph (1), the persons shall forfeit social assistance benefits for a period of one year.
 Chapter Four
SOCIAL SERVICES

 Article 16. (Amended, SG No. 120/2002, SG No. 15/2010) (1) Social services shall be based on purposeful social work in support of beneficiaries for:
 1. carrying out daily activities;
 2. social inclusion.
 (2) Social services shall be provided on the basis of an individual assessment of the needs and complying with the wish and the personal choice of beneficiaries.
 Article 17. (Amended, SG No. 120/2002) (1) Social services shall be performed in consideration of payment of fees or on a negotiated basis by the beneficiaries thereof.
 (2) (Amended, SG No. 15/2013, effective 1.01.2014) Fees for social services financed by the state budget shall be fixed by a Rate Schedule endorsed by the Council of Ministers.
 (3) Fees for social services financed by municipal budgets shall be paid under the Local Taxes and Fees Act. 
(4) (Amended, SG No. 18/2006, effective 1.01.2007) Payment for social services provided by the persons referred to in Items 3 and 4 of Article 18 (1) herein shall be effected on a negotiated basis.
 Article 18. (Amended, SG No. 120/2002) (1) (Amended, SG No. 18/2006, effective 1.01.2007) Social services shall be performed by:
 1. the State;
 2. the municipalities;
 3. Bulgarian natural persons registered under the Commerce Act and legal persons;
 4. (amended, SG No. 14/2009) natural persons who carry out commercial activities and legal persons that have been incorporated according to the legislation of another Member State of the European Union or of another State of the European Economic Area.
 (2) (Amended, SG No. 18/2006, effective 1.01.2007) Persons referred to in Items 3 and 4 of Paragraph (1) may provide social services only following entry in a register with the Social Assistance Agency.
 (3) (Amended, SG No. 18/2006, effective 1.01.2007) Persons referred to in Items 3 and 4 of Paragraph (1) may provide social services to children who have not attained the age of 18 years after obtaining a license and entry in the register referred to in Paragraph (2).
 (4) The terms and procedure for registration shall be established by the Regulations for Application of this Act.
 (5) (Amended, SG No. 18/2006, effective 1.01.2007, repealed, SG No. 15/2010). 
(6) (Amended, SG No. 14/2009, repealed, SG No. 15/2010). 
(7) (Repealed, SG No. 15/2010). 
(8) (Repealed, SG No. 15/2010).
 Article 18a. (New, SG No. 15/2010) (1) The municipality mayor shall manage the social services within the territory of the relevant municipality, which are State-delegated activities and local activities, and shall be employer of the heads of the said services with the exception of the cases of commissioning of management under Paragraph (3).
 (2) The head of a service, which is a State-delegated activity and local activity, shall be an employer of the staff in the said social service.
 (3) The municipality mayor may commission the management of social services, which are State-delegated activities and local activities, to the persons referred to in Article 18 (2) and (3) herein by contest or on a negotiated basis if there is a single candidate.
 (4) Social services may be provided upon joint participation on the basis of a contract between the State, the municipalities and the persons referred to in Items 3 and 4 of Article 18 (1) herein.
 (5) (Amended, SG No. 51/2011) The persons referred to in Article 18 (2) AND (3) herein may apply for resources from the Social Protection Fund after defending a project.
 (6) All activities in the sphere of social services shall be provided in compliance with criteria and standards established by the Regulations for Application of this Act and by an ordinance on criteria and standards of social services for children, adopted by the Council of Ministers.
 Article 19. (Amended, SG No. 120/2002, SG No. 15/2010) (1) The regional governors shall organize the elaboration and shall endorse strategies for development of social services at a regional level with the competent regional social assistance directorates.
 (2) The municipal councils shall adopt strategies and annual plans for development of social services at municipality level in consultation with the competent Social Assistance Directorates.
 (3) The annual plans referred to in Paragraph (2) shall be adopted annually and shall state the activities which will be executed during the next succeeding calendar year.
 (4) The terms and procedure for planning, opening, provision and closing of social services shall be established by the Regulations for Application of this Act.
 Chapter Five
SOCIAL WORKERS
(Repealed, SG No. 15/2010)

 Article 20. (Amended, SG No. 120/2002, repealed, SG No. 15/2010).
 Chapter Six
(Repealed, SG No. 120/2002)
NON-PROFIT ORGANIZATIONS

 Article 21. (Repealed, SG No. 120/2002).
 Article 22. (Repealed, SG No. 120/2002).
 Article 23. (Repealed, SG No. 120/2002).
 Chapter Seven
FINANCING

 Article 24. (Amended, SG No. 120/2002) (1) Social assistance shall be financed by resources from:
 1. (amended, SG No. 15/2013, effective 1.01.2014) the state budget;
 2. the municipal budgets;
 3. national and international programmes;
 4. donations by resident and non-resident natural and legal persons;
 5. (amended, SG No. 51/2011) resources from the Social Protection Fund;
 6. other sources.
 (2) The Social Assistance Agency shall administrate the following revenues from own sources:
 1. revenue from fines for violations of this Act;
 2. proceeds from advertising, information and publishing activities;
 3. donations and testamentary dispositions of resident and non-resident natural or legal persons;
 4. revenues from other sources.
 Article 24a. (New, SG No. 120/2002, amended, SG No. 15/2013, effective 1.01.2014) The persons covered under Article 18 (2) and (3) herein may apply for financing for performance of social services from the state budget and from the municipal budgets in conformity with the endorsed criteria and standards established by the Regulations for Application of this Act and an ordinance on criteria and standards of social services for children.
 Article 25. (Amended, SG No. 120/2002, SG No. 51/2011) (1) (Amended, SG No. 15/2013, effective 1.01.2014) For the purpose of funding activities and undertakings related to the social assistance policies pursued, a Social Protection Fund (hereinafter referred to as "the Fund") with the Minister of Labour and Social Policy.
 (2) The Social Protection Fund shall be a legal entity having its seat in Sofia.
 Article 26. (Amended, SG No. 120/2002, SG No. 51/2011) The resources of the Social Protection Fund shall be raised from:
 1. (amended, SG No. 15/2013, effective 1.01.2014) an action grant from the state budget whereof the amount shall be determined annually by the State Budget of the Republic of Bulgaria Act;
 2. donations and testamentary dispositions of resident and non-resident natural and legal persons;
 3. (amended, SG No. 15/2010, SG No. 15/2013, effective 1.01.2014) fees paid by beneficiaries of social services financed by the state budget;
 4. (amended, SG No. 51/2011) proceeds from extraordinary and special drawings of the Bulgarian Sports Totalizator;
 5. recovery of resources wrongfully and fraudulently received from the Fund and the interest accrued thereon;
 6. (amended, SG No. 18/2006) licensing fees;
 7. revenues from other sources.
 Article 27. (Amended, SG No. 120/2002) (1) (Redesignated from Article 27, amended, SG No. 51/2011) The resources of the Social Protection Fund shall be expended on:
 1. social assistance benefits;
 2. target social programmes and projects in the sphere of social inclusion;
 3. social services performed by the municipalities, as well as by persons entered in the register referred to in Article 18 (2) herein;
 4. studies and drafting of a regulatory framework in the sphere of social assistance: not more than 2 per cent of the annual amount of the Fund;
 5. acquisition of fixed assets and current maintenance of the logistical facilities;
 6. construction of new logistical facilities, remodelling and updating of the existing logistical facilities for provision of social services;
 7. maintenance of the operation of the Fund: not more than 5 per cent of the resources raised.
 (2) (New, SG No. 51/2011) In the cases referred to in Item 1 of Paragraph (1), the resources shall only be granted after all other statutory possibilities have been exhausted.
 (3) (New, SG No. 51/2011, amended, SG No. 15/2013, effective 1.01.2014) In the cases referred to in Items 2 and 3 of Paragraph (1), resources shall only be granted where the activities are not funded out of the state budget, under programmes or projects funded out of resources of European or other international funds, or through other financial tools.
 (4) (New, SG No. 51/2011) The resources referred to in Paragraph (1) shall be expended subject to terms and conditions and in accordance with a procedure determined by a Set of Methods of Allocating the Resources adopted by the Governing Board of the Social Protection Fund and endorsed by the Minister of Labour and Social Policy.
 Article 28. (Amended, SG No. 15/2010, SG No. 51/2011) (1) The Fund's management bodies shall be the Governing Board and the Executive Director.
 (2) The Fund's Governing Board shall comprise five members, including a Chairperson.
 (3) The Minister of Labour and Social Policy shall appoint the members of the Governing Board and its Chairperson.
 (4) The term of office of the Governing Board members shall be 5 years.
 (5) Members of the Governing Board shall be dismissed ahead of term:
 1. upon a written request by them addressed to the Minister of Labour and Social Policy;
 2. in case they are effectively convicted for a premeditated indictable offence;
 3. where they have been members of management or supervisory bodies of legal entities declared bankrupt, in case creditors' claims have remained unsettled;
 4. in case they are physically unable to discharge their duties for more than 6 months;
 5. where they have culpably caused material damages to the Fund;
 6. upon entry into force of an act establishing conflict of interest under the Conflict of Interest Prevention and Disclosure Act;
 7. in case of death.
 (6) Where a member of the Governing Board is dismissed ahead of term, within one month thereafter the Minister of Labour and Social Policy shall appoint a new member to substitute for the dismissed one until the expiry of the latter's term of office.
 Article 29. (Amended, SG No. 105/2006, amended and supplemented, SG No. 15/2010, amended, SG No. 51/2011) (1) The Governing Board shall:
 1. make decisions on raising and spending the resources of the Fund;
 2. adopt the Fund's draft annual budget and propose it to the Minister of Labour and Social Policy;
 3. determine the terms and procedure for allocating the resources and financing the activities of the Fund;
 4. adopt the annual report of the Fund's activities and send it to the Minister of Labour and Social Policy;
 5. prepare the annual financial statements according to the requirements of the Accountancy Act ;
 6. establish and close down standing and ad hoc committees, councils, etc. with the Fund;
 7. propose the structure and staffing of the Fund for the Minister of Labour and Social Policy to endorse;
 8. supervise the implementation of the projects financed out of the Fund's resources.
 (2) The meetings of the Governing Board shall be called by its Chairperson or on the initiative of one-third of its members. The Governing Board shall hold meetings subject to the attendance of two-thirds of its members. Resolutions shall be passed by a majority comprised of more than half of the total number of the Board's members.
 (3) Unless otherwise provided for by law, the members of the Governing Board shall be paid remuneration, which shall be determined through an order by the Minister of Labour and Social Policy.
 (4) The members of the Governing Board shall be jointly liable for the material damages which they have culpably caused to the Fund.
 (5) The Governing Board shall adopt Rules of the Social Protection Fund's Organisation and Activities, to be endorsed by the Minister of Labour and Social Policy.
 Article 29a. (New, SG No. 51/2011) (1) The Fund's Executive Director shall be appointed by the Minister of Labour and Social Policy under an employment contract.
 (2) The Executive Director shall:
 1. represent the Fund personally or through an official specifically authorised by him/her;
 2. organise the Fund's activities, perform its operating management and manage its property in accordance with the powers conferred on him/her by the Governing Board;
 3. organise the holding of the Governing Board's meetings;
 4. ensure that the Governing Board's resolutions are implemented;
 5. draft the Fund's annual plan of activities and present it to the Governing Board to approve;
 6. draft the Fund's annual budget and table it before the Governing Board to consider;
 7. design the Fund's structure and staffing and propose them to the Governing Board to approve;
 8. draft the annual report of the Fund's activities and table it before the Governing Board to consider;
 9. sign and terminate the employment contracts with the Fund's officers, as well as freelance contracts.
 Article 30. (Repealed, SG No. 51/2011).
 Chapter Eight
CONTROL AND ADMINISTRATIVE PENALTY LIABILITY

 Article 31. (1) (Amended, SG No. 120/2002) The Minister of Labour and Social Policy shall exercise overall control as to compliance with this Act and with the other statutory instruments in the sphere of social assistance.
 (2) (Amended, SG No. 120/2002) Specialized control as to the legally conforming application of the statutory instruments in the sphere of social assistance at the territorial branches of the Social Assistance Agency and at the specialized institutions for social services and the social services provided in the community, as well as in respect of compliance with the criteria and standards for performance of social services, shall be exercised by the Inspectorate referred to in Article 5 (4) herein.
 (3) (Amended, SG No. 120/2002) Control over compliance with the standards of quality of social services for children, as established in an ordinance on criteria and standards of social services for children, shall be exercised by the State Agency for Child Protection.
 Article 32. (1) In the discharge of the controlling functions thereof, inspectors shall have the right:
 1. to visit without restraint the social assistance authorities and the places where social assistance activities are carried out;
 2. to require explanations and the provision of documents, fact sheets and information;
 3. to obtain the required information directly from the beneficiaries.
 (2) (Amended, SG No. 45/2002) Inspectors shall be obligated to observe the regulatory requirements for protection of classified information with regard to any such information as may have come to their knowledge in the course of, or in connection with, an inspection conducted, as well as to respect the honour and dignity of beneficiaries.
 (3) Upon ascertainment of any breach of the law which gives him or her reason to believe that a criminal offence has been committed, the Inspectorate shall immediately notify the prosecuting authorities.
 Article 33. The state bodies and the competent officials shall be under an obligation to provide information and to cooperate with inspectors in the discharge of the functions thereof.
 Article 34. (1) (Amended, SG No. 120/2002) For the prevention or cessation of violations of social assistance legislation, inspectors shall impose the following coercive administrative measures:
 1. give mandatory directions for elimination of breaches as committed;
 2. (amended, SG No. 120/2002) stay the execution of wrongful decisions;
 3. (amended, SG No. 120/2002) enter data on breaches committed into the register referred to in Article 18 (2) herein and propose expungement of any such entry.
 (2) The coercive administrative measures covered under Paragraph (1) shall be appealable according to the procedure established by the Administrative Procedure Code.
 Article 35. (1) (Redesignated from Article 35, SG No. 15/2010) In the municipalities, there shall be established public councils by resolution of the Municipal Council to facilitate and assist the performance of social assistance activities and to exercise public control over the implementation of the said activities.
 (2) (New, SG No. 15/2010) The public councils shall facilitate and assist the municipal councils and the municipality mayors in analysing the needs of social services and shall participate in the elaboration of the strategies and annual plans referred to in Article 19 (2) herein.
 Article 36. (1) Any official, who culpably breaches the social assistance legislation, shall incur administrative penalty liability without prejudice to the disciplinary liability and property accountability for the same offence.
 (2) (Amended, SG No. 120/2002, SG No. 18/2006) The sanction under Paragraph (1) shall be a fine of BGN 600 and, for a repeated violation, BGN 1,200.
 (3) The sanction referred to in Paragraph (2) shall furthermore be imposed on any persons who fail to act on the mandatory directions referred to in Item 1 of Article 34 (1) herein.
 Article 37. (1) A violation shall be ascertained by a written statement drawn up by an inspector.
 (2) (Amended, SG No. 120/2002) A penalty decree shall be issued by the Executive Director of the Social Assistance Agency or by an official thereby authorized.
 (3) The ascertainment of violations, the issuance, appeal and execution of penalty decrees shall follow the procedure established by the Administrative Violations and Sanctions Act. 
(4) (Repealed, SG No. 120/2002).
 Article 38. (Repealed, SG No. 120/2002).
 SUPPLEMENTARY PROVISION

  § 1. Within the meaning given by this Act:
 1. "Basic necessities of life" shall be sufficient food, clothing and housing conforming with the socio-economic development of Bulgaria.
 2. "Cohabitees" shall be the joint occupants of a dwelling, irrespective of whether they are related or not, registered at the same address.
 3. (Amended, SG No. 120/2002) "Social inclusion" shall be the creation of conditions and opportunities for a highest degree of participation of beneficiaries in public life.
 4. (Amended, SG No. 120/2002, supplemented, SG No. 41/2009, effective 1.07.2009, amended, SG No. 15/2010) "Persons with permanent disabilities" shall be persons in respect of whom a degree of durably reduced working capacity has been determined or with a type and degree of disability determined at 50 or more than 50 per cent.
 5. (New, SG No. 120/2002) "Specialized institutions" shall be boarding-house type of care homes at which the people are separated from the environment thereof.
 6. (New, SG No. 120/2002) "Social services" shall be activities which assist and expand the opportunities of persons to lead an independent way of life and which are carried out at specialized institutions and in the community.
 7. (New, SG No. 120/2002, amended, SG No. 15/2010) "Community-based social services" shall be services provided in a family environment or in a close to family environment .
 8. (New, SG No. 14/2009, repealed, SG No. 15/2010). 
9. (New, SG No. 120/2002, renumbered from Item 8, SG No. 14/2009) "Social work" shall be professional activity for improvement of the mutual adaptation of beneficiaries, families, groups and the living environment thereof. Social work shall be a complex of supportive activities intended to achieve a better quality of life, dignity and responsibility in people on the basis of the individual capabilities thereof, interpersonal relations and the resources of the community.
 10. (New, SG No. 120/2002, renumbered from Item 9, SG No. 14/2009, supplemented, SG No. 15/2010) "Guaranteed minimum income" shall be a statutorily fixed amount of resources used as a base for calculation of the social assistance benefit for the purpose of ensuring a minimum income to meet basic necessities of life of persons depending on their age, family status, heath and property status, employment status and attendance of an educational establishment.
 11. (New, SG No. 120/2002, renumbered from Item 10, SG No. 14/2009, amended, SG No. 15/2010) "Social inquiry" shall be an activity to establish the eligibility for entitlement to social assistance, conducted by social workers at the Social Assistance Directorate, which consists in checks at the home of the person and/or family, perusal of documents, and collection of information.
 FINAL PROVISIONS

 § 2. This Act shall supersede the Social Assistance Decree (promulgated in Transactions of the Presidium of the National Assembly No. 77 of 1951; amended and supplemented in No. 69 of 1956, No. 65 of 1957, State Gazette No. 51 of 1984).
 § 3. The Council of Ministers shall issue Regulations for Application of this Act.
 § 4. The Minister of Labour and Social Policy shall be entrusted with the implementation of this Act.
————————————————————————————————

 TRANSITIONAL AND FINAL PROVISIONS to the Lev Re-denomination Act 
(SG No. 20/1999, supplemented, SG No. 65/1999, effective 5.07.1999) 
........................................................................
 § 4. (1) (Supplemented, SG No. 65/1999) Upon the entry of this Act into force, all figures expressed in old lev terms as indicated in the laws which will have entered into force prior to the 5th day of July 1999 shall be replaced by figures expressed in new lev terms, reduced by a factor of 1,000. The replacement of all figures expressed in old lev terms, reduced by a factor of 1,000, shall furthermore apply to all laws passed prior to the 5th day of July 1999 which have entered or will enter into force after the 5th day of July 1999.
 (2) The authorities, which have adopted or issued any statutory instruments of secondary legislation which will have entered into force prior to the 5th day of July 1999 and which contain figures expressed in lev terms, shall amend the said instruments to bring them in conformity with this Act so that the amendments apply as from the date of entry of this Act into force.
 ........................................................................
 § 7. This Act shall enter into force on the 5th day of July 1999.
 TRANSITIONAL AND FINAL PROVISIONS
 to the Act to Amend and Supplement the Social Assistance Act
 (SG No. 120/2002, effective 1.01.2003)
 § 32. The Social Assistance Agency, established by this Act, shall be a successor to the National Social Assistance Service and to the municipal social assistance services and shall assume the assets and liabilities thereof.
 § 33. The employment relationships with the employees of the National Social Assistance Service, of the municipal social assistance services and of the social services establishments shall be settled under the terms and according to the procedure established by Article 123 of the Labour Code.
 § 34. The property used by the municipal social assistance services at the date of entry of this Act into force shall be allocated for gratuitous use to the Social Assistance Agency for the needs of the Social Assistance Directorates.
 § 35. The regional governors and the municipality mayors shall create conditions and shall facilitate the Social Assistance Agency by allocating buildings, premises and other logistical conditions as shall be necessary for performance of the activities of the said Agency.
 § 36. The territorial branches of the Social Assistance Agency, which are accommodated in buildings owned by the State or by the municipalities, shall pay no rent.
 § 37. The existing social services establishments, which subsist on municipal and/or state budget resources at the time of entry of this Act into force, shall pass under the management of the mayor of the relevant municipality, who shall furthermore be employer of the staff at the said establishments.
 § 38. Any persons licensed to perform social services shall be obligated to record themselves in the register referred to in Article 18 (2) [of the Social Assistance Act] within three months after the entry of this Act into force.
 TRANSITIONAL AND FINAL PROVISIONS 
to the amendment of Social Assistance Act
 (SG No. 18 2006)
 ................................................................................
 § 12. The provisions of § 2, § 6 , § 7, item 1, 2 , item 3 on the words "persons under paragraph 1, items 3 and 4" , and 4 , and § 11 shall apply from the date of entry into force of the Treaty of Accession of Bulgaria to the European Union.
 § 13. Paragraph 3 shall apply from 1 July 2006.
 TRANSITIONAL AND FINAL PROVISIONS
 to the Administrative Procedure Code 
(SG No. 30/2006, effective 12.07.2006) 
........................................................................
 § 118. In the Social Assistance Act (promulgated in the State Gazette No. 56 of 1998, amended in No. 45 and No. 120 of 2002, No. 18 of 2006), the words "the Administrative Procedure Act" shall be replaced passim by "the Administrative Procedure Code".
 ........................................................................
 TRANSITIONAL AND FINAL PROVISIONS
 to the Act to Amend and Supplement the Health Act
 (SG No. 41/2009, effective 2.06.2009) 
........................................................................
 § 96. This Act shall enter into force as from the day of promulgation thereof in the State Gazette, with the exception of:
 ........................................................................
 2. § 26, 36, 38, 39, 40, 41, 42, 43, 44, 65, 66, 69, 70, 73, 77, 78, 79, 80, 81, 82, 83, 88, 89 and 90, which shall enter into force as from the 1st day of July 2009;
 ........................................................................
 TRANSITIONAL AND FINAL PROVISIONS
 to the Act to Amend and Supplement the Social Assistance Act
 (SG No. 15/2010) 
........................................................................
 § 22. Within one month after the entry into force of this Act, the Council of Ministers shall adopt the requisite clauses amending and supplementing the Regulations for Application of the [Social Assistance] Act and the Regulations for Application of the Family Allowances Act (promulgated in the State Gazette No. 67 of 2002; amended in No. 93 of 2004; corrected in No. 97 of 2004; amended in No. 115 of 2004, No. 71 of 2006 and No. 34 of 2009).
 § 23. § 6 shall enter into force as from the 1st day of January 2011.
 TRANSITIONAL AND FINAL PROVISIONS
 to the Act to Amend and Supplement the Social Assistance Act
 (SG No. 51/2011)
 § 10. (1) The Social Assistance Fund, being a second-level spending unit with the Minister of Labour and Social Policy, shall be discontinued. The available resources of the Social Assistance Fund so discontinued shall be transferred to the budget of the Social Protection Fund.
 (2) The Social Protection Fund shall be the legal successor of the assets, liabilities, rights and obligations of the discontinued Social Assistance Fund as recorded in the balance sheet and the accounts as at the date of this Act's entry into force.
 § 11. (1) Within three months of this Act's entry into force the Minister of Labour and Social Policy shall endorse the Rules of the Social Protection Fund's Organisation and Activities and the Set of Methods of Allocating the Resources of the Fund.
 (2) Within three months of this Act's entry into force the Minister of Labour AND Social Policy shall appoint the members of the Governing Board and the Executive Director of the Social Protection Fund.
 (3) Until the members of the Governing Board and the Executive Director are appointed as provided for in Paragraph (2), the current members of the Governing Board of the discontinued Social Assistance Fund shall continue discharging their powers.
 (4) Until the Rules referred to in Paragraph (1) are endorsed, the Rules of Procedure of the Governing Board of the Social Assistance Fund (not promulgated) issued pursuant to the repealed Article 30 shall apply.
 TRANSITIONAL AND FINAL PROVISIONS
 to the Act to Amend and Supplement the Social Assistance Act
 (SG No. 32/2012, effective 24.04.2012) 
........................................................................
 § 8. All professional foster families, which have a signed employment contract with the director of the Social Assistance Directorate as of the date of entry into force of this Act, have the right to request a change into the contract with the selected supplier of the foster care social service. If a foster family is not willing to change their employment contract, it will remain effective until its period of validity expires.
 § 9. The Council of Ministers shall adopt the necessary amendments to the Regulations for Application of the Child Protection Act and the Ordinance per Article 31 (6) of the Child Protection Act within three months upon the entry into force of this Act.
 § 10. The Council of Ministers shall adopt the necessary amendments to the Rules of Organization of the Social Assistance Agency within one month upon the entry into force of this Act.
 § 11. The Council of Ministers shall adopt the necessary amendments to the Regulations for Application of the Social Assistance Act within three months upon the entry into force of this Act.
 § 12. The Minister of Labour and Social Policy shall issue an Ordinance concerning social workers' career development within six months upon the entry into force of this Act.
 § 13. This Act shall enter into force on the day of its promulgation in the State Gazette.