The recipient of the state family benefit can be changed by 1 March.

This support for each child is due to the parent who receives the childcare benefit for a child under one year of age, the state family benefit, or the supplement to the state family benefit for a child with a disability.

The aforementioned decision to grant such financial support has raised many different questions concerning the details of receiving this support. The most important ones are explained by Zita Mustermane, Director of the Ministry of Welfare's Department of Children and Family Policy:

"The Orphan's and Custody Court Law stipulates that, when protecting the child's personal interests in relations with parents, guardians and other persons, the custody court decides to discontinue the payment of state social benefits to a person who is not raising the child and to pay them to the person who is actually raising the child. Thus, in cases where parents disagree about the payment of the aforementioned benefits to the other parent, the custody court decides to discontinue the payment of the benefit to the parent who is not raising the child.

The State Social Insurance Agency does not resolve disputes between parents and is not entitled to discontinue payment of an already granted benefit solely on the basis of an application by the other parent. The State Social Insurance Agency discontinues payment of the benefit on the basis of a custody court decision to discontinue payment to one parent and pay it to the person who is actually raising the child, or on the basis of the other parent's voluntary renunciation of further receipt of the benefit.

If the parents disagree about the payment of any of the aforementioned benefits to the other parent, we invite individuals to apply to the custody court of their administrative territory by 1 March 2021, requesting that the benefit be paid to them.

If, by 1 March 2021, the custody court receives an application from a person requesting a change in the payment of one of the benefits and its award to the person who is actually raising the child, the custody court will immediately inform the State Social Insurance Agency, and on the basis of the aforementioned application the State Social Insurance Agency will be entitled to suspend payment of the already granted benefit, as well as the one-off support, until the custody court decides which parent is actually raising the child and is entitled to continue receiving benefits for the child.

After receiving the aforementioned application, the custody court will initiate administrative proceedings and, in accordance with the child's best interests, assess which parent will subsequently be entitled to receive any of the above-mentioned benefits, including the one-off support for the child. If an individual's application to change the payment of the benefit is received after 1 March 2021, the custody court will not provide the State Social Insurance Agency with information about the initiation of administrative proceedings, and the one-off support will be received by the parent who is currently entitled to one of the aforementioned benefits."

The information was prepared by a public relations specialist of the Communication Division of the Ministry of Welfare.

• Published: 23.02.2021 09:38
• Press release, LETA