Parents requesting child allowance must prove they have stopped one of the activities of which they obtained revenues, based on which the allowance was calculated. The provision is in the Government Decision no. 685/2015 for amending and completing norms for the application of the provisions of Emergency Ordinance No. 111/2010 regarding the monthly leave and allowance for raising children.
We remind you that, according to last year’s modifications brought to Emergency Ordinance no. 111/2010, the persons who are in child raising leave can still have income, but without exceeding 3.000 Lei.
Authorities are required to verify if the parent, who is in child raising leave, respects the income limit of 3.000 lei per year, within three months after the conclusion of each year of the leave period, but also from the termination of the right to parental leave and allowance.
Government Decision no. 685/2015 introduces two items:
Art. 91. (1) During the leave period provided in article 2, paragraph 1 from the Emergency Ordinance, the person entitled may achieve income subjected to tax up to the level provided in article 16, paragraph (3) point c) from the Emergency Ordinance, by carrying out effective activities, with the condition of maintaining the interruption / suspension of one of the activities that were the basis of entitlement to allowance.
(2) Persons who benefit from the child growth allowance based on the provisions of art. 2 paragraph (5) of the Emergency Ordinance and who cannot provide the proof of suspension of activity can achieve income subject to tax in compliance with the provisions of art. 16 paragraph (3) point c) of the Emergency Ordinance. (3) If the persons entitled request successively the right for child growth leave and allowance, the income limit provided in art. 16 paragraph (3) point c) from the Emergency Ordinance applies to each of them.
Art. 92. (1) During the child growth leave and allowance specified in art. 2 paragraph (1) from the Emergency Ordinance, each of the entitled persons may achieve income subject to tax under art. 16 paragraph (3) point c) of the Ordinance.
(2) In applying the provisions of art. 16 paragraph (3) point c) from the Emergency Ordinance, the income can be achieved as follows: a) in the period between the date when it’s established the right child growth leave and allowance and December 31th of the same year, for any leave option of the person entitled;
b) in the period between January 1st of the year and the date the right for child growth leave and allowance ceases, for any leave option of the person entitled;
c) in the period between the date of establishment and the termination date of the right to child growth leave and allowance, in case this period is in the same year, in the case of child growth leave until the child will reach the age of one year;
d) in the period between January 1st and December 31th of the same year, in case of child growth leave until the child will reach the age of two years, respectively 3 years in the case of a disabled child;
e) in the period between the right determination date and the right termination date in order to grant incentive insertion, regardless of the option leave of the person entitled, respecting the periods referred to in points a)-d)
(3) The territorial agencies are obliged to verify if the person entitled is respecting the income limit specified in art. 16 paragrapg (3) point c) from the Emergency Ordinance, within 6 months after the end of each year, from the period of child growth care, as well as from the termination of the right to parental leave and observi the period of leave for child care, as well as from the the termination of the right to parental leave and allowance, according to the law. “
© 2025 Contexpert Consulting SRL. All rights reserved.
For comments and / or suggestions please visit our Contactpage.