What are the main amounts related to family benefits?
The amounts of the various benefits are, as of 1stSeptember 2023, as follows :
Childbirth allowance (in three instalments)
Prenatal allowance
580,03 €
Childbirth allowance (proper)
580,03 €
Postnatal allowance
580,03 €
TOTAL
1 740,09 €
AlBirth allowance (per month, per child)
Number of children
Amount for children who entered the system before 1 August 2016 (including the €76.88 bonus)
Amount for children entering the system from 1 August 2016
1
299,86 €
299,86 €
2
336,31 €
299,86 €
3
389,67 €
299,86 €
4
416,40 €
299,86 €
5
432,36 €
299,86 €
Age increase (per month, per child)
Age
Amount
entre 6 et 11 ans
22,67 €
12 ans et plus
56,57 €
Allocation spéciale pour enfant handicapé (par mois, par enfant)
200,00 €
Back-to-school allowance (per month, per child)
Age
Amount
Between 6 and 11 years old
115,00 €
12 years and older
235,00 €
(Last updated on 11.09.2023)
The Children's Future Fund
Since 1 August 2016, the National Family Benefits Fund has become the Children’s Future Fund (CAE) or d’Zukunftskeess.
The CAE, which includes representatives of the social partners, is responsible for paying and managing family benefits, both in cash and in kind. The benefits in kind component, namely issuing and administering cards and contracts for membership in the child services voucher scheme, is in addition to the traditional tasks of the former Fund. The tasks of organising and supervising the custodial system are assigned to the Ministry of Social Security and the General Inspectorate of Social Security (IGSS).
Family benefits are one of the branches of Luxembourg’s social security system. Their purpose is to provide indemnities for family expenses due mainly to the presence of children in the household. They consist of cash benefits and benefits in kind for childcare and supervision in the area of early childhood (childcare service vouchers).
Book IV of the Social Security Code features current legislation applicable to family benefits.
This book distinguishes, among these benefits:
childbirth allowance;
family allowance in the strict sense;
the back-to-school allowance;
parental leave allowance.
The Children’s Future Fund (CAE) states that if you have adopted a child, you must meet the same conditions as for a biological child and are in principle entitled to the same benefits, with the exception of two parts of the birth grant: the prenatal grant and the birth grant itself, which are reserved for women who are pregnant or have given birth.
Parental leave is intended to allow parents to interrupt their professional lives to devote a certain amount of time to the upbringing of their children, while guaranteeing them compensation and the possibility of returning to work at the end of the leave.
In addition, it is planned to reactivate the principle of adjusting family benefits after their de-indexation in 2006. This consists of an automatic adjustment of family benefits in line with changes in the median wage.
The provisions concerning child-rearing and maternity allowances were repealed by the law dated 19 December 2014. However, people who were already receiving them before 1 June 2015 continue to receive them.
The child bonus, which consisted of an automatic tax credit, was eliminated by the 2016 reform of family benefits, and its amount was integrated into the family allowance itself.
It should be noted, however, that the above remark is only true in the case of a single child. In fact, as we shall see later, the new uniform amount of the family allowance (€265) corresponds more or less to the value of the family allowance previously payable to a single child (€185.60) plus the child bonus (€76.88), but this quasi-equality no longer holds true in the case of siblings. The gap even increases with the number of children, to the disadvantage of families.
What is the purpose and composition of the birth grant?
The legislation on childbirth allowance has a primary public health objective: by providing for continuous medical supervision of the mother and infant, it aims to reduce the risk of accidents during pregnancy and infant mortality, and to improve the overall health safety of the pregnant woman and the baby.
The Social Security Code distinguishes between the three brackets that make up the birth grant:
prenatal allowance;
the birth grant itself;
postnatal allowance.
As of 1st July 2022, it amounts to €1,740.09. It is paid on request and in three instalments of €580.03 each.
The main purpose of the three instalments of the birth grant is to promote preventive medical measures, the first two for pregnant women and the third for infants.
The costs of medical examinations for the three stages are borne by the sickness fund to which the pregnant woman and the infant belong. The costs of examinations for uninsured persons are borne by the State.
The fact that the conditions for obtaining one or two instalments of the childbirth allowance are not met shall not prevent other instalments from being awarded.
The Children’s Fund (CAE) specifies that birth grants for non-residents cannot be combined with a birth grant paid in the country of residence: unlike family allowances, no differential supplement is paid on the birth grant.
The following table illustrates, as of 1 July 2022, the three brackets of the birth allowance:
Childbirth allowance (in 3 instalments)
Prenatal allowance
580,03 €
Childbirth allowance (proper)
580,03 €
Postnatal allowance
580,03 €
TOTAL
1 740 ,09 €
It should be noted that the Grand Ducal Regulation dated 27 July 2016 determines what medical examinations are required in order to benefit from the various allowances, as well as a model of the health record and the entries that must be made in it.
In order to receive the prenatal allowance, a pregnant woman must undergo at least five medical examinations and one dental examination during her pregnancy.
Medical examinations are both obstetrical and general and must be carried out by a doctor specializing in gynaecology and obstetrics for the obstetrical examinations, and by a doctor specializing in internal medicine or a general practitioner for the general examinations. The dental examination must be carried out by a dentist. Additional consultations may be provided by midwives. They will be paid for by the State.
The examining doctor records his observations in the maternity record that every pregnant woman is provided with. This booklet is given to the mother-to-be during the first medical examination.
The prenatal allowance is paid only if the expectant mother is a legal resident of Luxembourg or if she is covered by Luxembourg social security legislation at the time of the last medical examination and provides proof of the various medical examinations by means of certificates drawn up to that effect by the examining doctor at each visit.
The prenatal allowance is only available to women who are pregnant or have given birth. It is paid to the mother.
A cross-border worker cannot obtain this benefit for his wife or partner who does not reside in Luxembourg.
The birth of any viable child, according to the expression used by the Social Security Code, gives entitlement to the prenatal allowance. A child is presumed to be viable if the medical certificate states that the gestation period has been more than 22 weeks since conception.
The mother must also undergo a postnatal examination to check whether her state of health has been altered by the pregnancy. This postnatal examination must be performed by a doctor specializing in gynaecology and obstetrics.
The prenatal allowance is paid only if the expectant mother is a legal resident of Luxembourg or if she is covered by Luxembourg social security legislation at the time of the last medical examination and provides proof of the various medical examinations by means of certificates drawn up to that effect by the examining doctor at each visit.
The birth grant itself is only available to women who are pregnant or have given birth. It is paid to the mother.
A cross-border worker cannot benefit from this for his wife or partner who does not reside in Luxembourg.
The prenatal allowance and the birth allowance itself may be paid together after the birth of the child.
In order to receive the postnatal allowance, the parent or other person who has custody of the child must submit the child to two perinatal examinations and four follow-up examinations up to the age of two.
These examinations must be carried out either by a doctor specialising in paediatrics, a doctor specialising in internal medicine or a doctor established as a general practitioner.
The examining physician records the results of the examination in the health record with which every child is provided. This booklet is issued to the mother or the person who has custody of the child at the time of the child’s birth by the registrar or by the administration of the hospital in which the birth took place.
The postnatal allowance is paid only if:
the child has been continuously raised in Luxembourg since birth; or
the child is a member of the family (biological or adopted child) of a person who is enrolled in the Luxembourg social security system through a professional activity or a pension.
The condition of birth in Luxembourg and the condition requiring that the child be raised continuously in the Grand Duchy are presumed to be fulfilled when the child resides temporarily abroad with the parent who:
is pursuing higher education, university or professional studies;
is seconded there by his employer and remains subject to Luxembourg social security legislation;
is a member of a Luxembourg diplomatic mission abroad or the staff of such a mission;
is on a development cooperation mission as a cooperation agent or development worker;
participates in a peacekeeping operation within the framework of international organizations;
is active as a volunteer (voluntary service).
Furthermore, the condition that the child must be raised continuously in Luxembourg since birth is not required if the child was born abroad and adopted by a person domiciled in the Grand Duchy. In this case, the conditions relating to the medical examinations that should have been carried out before the child’s arrival in Luxembourg are presumed to have been met if the subsequent examinations have been carried out.
In the case of a child not residing in the Grand Duchy, the child must reside in a country of the European Union or with which Luxembourg has concluded a social security agreement providing for the payment of family allowances according to the legislation of the country of employment.
Proof of the medical examinations prescribed shall be furnished by means of certificates drawn up to that effect by the examining doctor at each visit.
The postnatal allowance is paid to the person who is responsible for the child’s care at the time the benefit falls due.
If the child dies before reaching the age of two, the conditions relating to the six medical examinations are presumed to have been met if the examinations corresponding to the age groups prior to the death have been carried out. The postnatal allowance is then paid in full.
The Children’s Future Fund (CAE) points out that the frequency of the time limits prescribed in Luxembourg must be scrupulously observed. Failure to comply (even by a single day) will result in forfeiture of the right to that part of the allowance, regardless of the reasons given for not examining the application within the deadline. On its website, CAE has provided an application that can be used to determine the time limits within which examinations must be carried out.
Family allowances for a child is a personal right. The new legislation also refers to it as “childcare allowance”.
Those eligible for this allowance include:
each child who is effectively and continuously resident in Luxembourg and has a legal domicile there
the biological and adopted children of persons subject to compulsory affiliation to the Luxembourg social security system on the basis of a professional activity or a pension
Attention : On this last point, a judgment of the Court of Justice of the European Union (CJEU) of 2 April 2020 ruled that the Luxembourg legislation does not comply with European law. The latter opposes the provisions of a Member State according to which frontier workers may only receive a family allowance linked to their exercise of an activity as an employed person in that Member State for their own children, excluding those of their spouse with whom they have no filiation link, but for whose maintenance they provide, whereas all children residing in that Member State are entitled to receive this allowance.
The condition of effective and continuous residence in Luxembourg is presumed to be met when the child resides temporarily abroad with the parent who:
is pursuing higher education, university or professional studies
is seconded there by his employer and remains subject to Luxembourg social security legislation
is a member of a Luxembourg diplomatic mission abroad or the staff of such a mission
is on a development cooperation mission as a cooperation agent or development worker
participates in a peacekeeping operation within the framework of international organizations
is active as a volunteer (voluntary service)
The Children’s Fund (CAE) may make an exceptional and individual exemption regarding any of the circumstances listed above. This provision makes it possible to take into consideration cases requiring special treatment that the law cannot foresee or anticipate.
In the case of non-resident children, the child must reside in a country of the European Union or with which Luxembourg has concluded a social security agreement providing for the payment of family allowances according to the legislation of the country of employment.
Family allowances are payable from the month of birth until the child reaches the age of 18.
Except for the month of birth, the conditions for granting the allowance must be met on the first day of the month. If one of the conditions for granting the allowance is not met on the first day of the month, the family allowance is due from the first of the following month.
In the event of the child’s arrival on Luxembourg territory, the conditions for granting the benefit are met from the first of the month following that in which the child fulfilling the conditions is legally registered in Luxembourg.
In the case of non-resident children, the conditions for entitlement to the allowance must be fulfilled for a significant part of each month. The term “predominantly” means half of each month, plus one day.
Any change during a month is only taken into account on the first of the following month.
Entitlement to family allowance continues until the age of 25 if one of the following conditions is met:
the child is actually enrolled in secondary or technical secondary education or equivalent for at least 24 hours a week in an educational establishment in the country;
the child is effectively enrolled in an educational or training programme adapted to his or her abilities in an institute, service or centre for differentiated education in the country and as a principal activity, or in any other approved specialised establishment, or in an equivalent establishment abroad;
if the child is in an apprenticeship that pays less than the Social Wage Minimum (SSM) (see Social Settings).
The following shall be considered as a period of study:
annual holiday periods, provided that studies giving entitlement to continued family allowance payments beyond the age of 18 are resumed after the school holidays;
interruptions of studies for health reasons, duly justified by a medical certificate, provided that the child is unable to continue his or her studies or to take up an activity. In such cases, the family allowance shall continue to be paid until the end of the school year in progress.
It should be pointed out that, for pupils over 18 years of age, the payment of the family allowance is limited to 31 July of each year and is only resumed on request to be submitted to the CAE accompanied by a certificate of attendance issued by the school.
If a student drops out of school during the school year, entitlement to family allowance lapses with effect from the first of the month following the month in which the student dropped out.
If a student simultaneously works or does a paid internship for more than four months a year during his or her studies, he or she loses the right to family allowance if the gross monthly income from this activity is equal to or greater than the SSM.
For apprentices on courses where the teaching periods are grouped, the reference allowance is the average of the allowances calculated over a 12-month period corresponding to the school year.
The allowance shall cease as from the month following the death of a beneficiary child. It shall also cease within the same period if one of the eligibility conditions it is no longer met.
One of the major innovations brought about by the 2016 reform is the abolition of the concept of family group with a simultaneous introduction of uniform amounts of family allowance.
Indeed, the amount of the family allowance is no longer progressive according to the number of children as before. It is now fixed, as of 1st September 2023, at €299,86 per child per month, regardless of the number of siblings.
However, this new amount only applies to each beneficiary who enters the system after the reform came into force: therefore, not only children who are born in Luxembourg or move there from 1 August 2016, but a parent who starts working in the Grand Duchy after that date.
This means that the children of cross-border workers will receive the new uniform amount of the allowance if they started working in Luxembourg after 1 August 2016, even if children were born before that date.
This uniform amount of €265 is the sum of the family allowance previously payable to a single child (€185.60) plus the child bonus (€76.88), rounded up slightly. The bonus was originally a tax relief and was paid monthly in addition to the child benefit so that it was considered a supplement to the child benefit.
For other entitled persons, the government has chosen the option of a transitional system which only concerns the amount of the family allowance in the strict sense. Specifically, all households receiving this allowance before 1August 2016 continue to receive the same amount as before, including the child bonus. On the other hand, all the other provisions presented here came into force on 1 August 2016, i.e. those concerning the age increase as well as the special allowances for disabled children, birth and back-to-school allowances.
However, an exception has been made for only children for whom the child allowance was paid before the reform came into force, i.e. on 1 August 2016. They also receive the new amount of €299,86 starting as from 1st September 2023.
It should be noted that the Social Security Code specifies that in the event of a break in entitlement to family allowance after 1 August 2016, a child who is once again a beneficiary will be subject to the new terms, without taking into account any amount received by the same child before the reform came into force.
What happens if a family is covered under both systems?
It will not be uncommon to find, in the same family, children who are in the old and the new system, depending on whether they were born before or after the entry into force of the reform on 1 August 2016.
In the case of a family receiving benefits under both systems, if the entitlement to family allowance stops for a child under the transitional mechanism, the overall amount received by the family will be reduced by a share equal to that child’s share of the total number of children benefiting from the transitional mechanism.
If, on the other hand, the child in questiondoes not lose his or her entitlement to the allowance but joins a new household, the benefits of that household increase by the same amount.
In concrete terms, for a family with three children, two of whom are benefiting under the transitional system, and one of whom leaves the household, half of the total amount received according to the old system remains with that family.
Example
A resident family with two children received €594.48 before the reform (€440.72 family allowance + €153.76 bonus).
If a child is born after the reform comes into force, for example on 1 September 2016, an amount of €265 is added to the previous €594.48: €859.48.
By way of illustration, if this new-born child had been born before the reform came into force, the whole family would have received €1,033.38 (including bonuses).
Let us assume that the third child is born after the reform comes into force. If the entitlement to child benefits for the eldest child subsequently ceases, for example on 1 December 2016, the family will still receive half of the total amount received under the old system (€594.48 / 2 = €297.24), to which the amount for the new-born child will be added, i.e. €297.24 + €265.00 = €562.24.
If the child in question joins a new household, he or she increases the benefits of that household by the amount he or she caused the previous household to lose, i.e. €297.24.
As a reminder, this reasoning only concerns the family allowance amount. The other benefits apply uniformly to all children from 1 August 2016.
The following table illustrates the amount of the family allowance for families with one to five children as of 1st September 2023:
Birth allowance (per month, per child)
Number of children
Amount for children who entered the system before 1 August 2016
Amount for children entering the system from 1 August 2016
1
€299,86
€299,86
2
€336,31
€299,86
3
€389,67
€299,86
4
€416,40
€299,86
5
€432,36
€299,86
Who is entitled to the family allowance?
The person entitled to the family allowance, i.e. the person to whom the benefit is actually paid, should not be confused with the person providing eligibility for the child benefit.
The Social Security Code stipulates that in the case of a joint household of the parents and the child, the parents are free to designate the recipient of the family allowance.
If the parents and the child do not live in the same household, the family allowance is paid to the natural or legal person with whom the child has his or her legal domicile and effective and continuous residence.
In the case of joint parental authority and alternating residence of the child, the parents are free to designate the person entitled to the family allowance.
If a child is placed in care by a court decision, the family allowance is paid to the natural or legal person who has custody of the child and with whom the child has his or her legal domicile and effective and continuous residence.
Please note that once a child has reached the age of majority, he or she can apply for the child allowance to be paid to him or herself. The same applies to an emancipated minor.
In the event of a dispute, it is the responsibility of the CAE to determine the award of child benefit in the interests of the child based on the information available to it.
Family allowances are paid at the end of each month for which they are due.
As of 1st September 2023, the amount of the family allowance is increased monthly by €22,67 for each child from the month in which he or she reaches the age of 6, and by €56,57 for each child from the month in which he or she reaches the age of 12.
The following table illustrates, as of 1st September 2023, the amount of the age increase for children between the ages of 6 and 11, and older children:
Who can claim the special supplementary allowance for children with a disability?
The Social Security Code provides for a supplement for disabled children receiving family allowance, known as the special supplementary allowance. This concerns children suffering from one or more conditions that constitute a permanent impairment or reduction of at least 50% of the physical or mental capacity of a normal child of the same age, as determined by a doctor.
The Children’s Fund (CAE) specifies that the social security medical officer determines the degree of disability, either by summoning the person or on the basis of a file. The CAE is bound by this opinion (which may differ from that of the attending physician) and can only grant the benefit of this allowance if the rate of disability is confirmed by the medical officer.
This special allowance, whose purpose is to compensate for the additional burdens arising with a child’s disability, amounts to €200 per month, as of 1st September 2023. The benefit of this allowance is limited to 18 years of age, but can be extended to 25 years of age if the child continues to receive the family allowance. In other words, the special supplementary allowance is paid as long as the conditions for the family allowance are also met. It is paid at the same time as the child allowance.
Payment of the special supplementary allowance ceases from the month following that in which it is medically established that the child’s capacity has been reduced by less than 50%.
The following table illustrates, as of 1st September 2023, the amount of the additional special allowance:
Special allowance for disabled children (per month, per child)
What are the terms and conditions of the back-to-school allowance?
A back-to-school allowance is granted for children over six years of age. It is differentiated by age.
The back-to-school allowance is paid automatically to children receiving family allowance in August of each year. It ceases and is no longer paid during the calendar year in which the studies are completed.
The amount of this allowance is €115 euros for children between six and 11 years old, and €235 for older children as of 1st September 2023.
It should be noted that children admitted to the second cycle of basic education who have not reached the age of six at the time of the start of the school year are entitled to a back-to-school allowance on presentation of a school enrolment certificate.
The following table illustrates the amount of the back-to-school allowance as of 1st September 2023:
Family allowances are paid on the basis of a written declaration by the persons claiming entitlement to the payment. Application forms must be submitted to the Children’s Future Fund (CAE).
The application is only eligible if it is completed, signed and accompanied by the required documents. For non-residents, a Certificate of Persons in the Household (E401) must also be included with the application.
Applicants shall be required to indicate any fact which could result in a reduction or termination of their rights within one month. In general, they are required to provide all the information and data deemed necessary to establish that the conditions for the granting of benefits have been fulfilled.
Application forms are available from the CAE as well as its online site.
Payment of the services shall be made by bank or postal transfer to the account indicated by the beneficiary and shall be deemed to be made in full discharge of its obligations.
Family benefits are exempt from tax and social insurance contributions.
There is an anti-overlap mechanism that comes into play for the totality of Luxembourg benefits and those provided under a non-Luxembourg scheme.
In the case of non-resident children, the payment of the differential supplements provided for by the European regulations or any other bilateral or multilateral instrument concluded by Luxembourg in the field of social security is made at least once a year.
Where a child domiciled and actually residing in Luxembourg is entitled both to family benefits under Luxembourg legislation and to family benefits under a non-Luxembourg scheme, the family benefits due under Luxembourg legislation shall be suspended up to the amount of the family benefits paid under the non-Luxembourg scheme.
In the event of a dispute as to the nature of any entitlement resulting from the non-Luxembourg scheme, family benefits are only paid by the Luxembourg scheme if the person entitled to them has actually claimed their rights from the non-Luxembourg scheme.
In any event, only one such benefit shall be payable per child.
European Union (EU) regulations provide for rules of priority between states. They apply differently, for example, if one parent works in Luxembourg and the other does not, or works in the country of residence of the children, or in another country. These rules determine whether the person is entitled to full Luxembourg family benefits or to a differential supplement. Thus, in the case of an activity in the country of residence of the children, the family allowance is first payable by the State in which the children reside.
The European Commission’s online website on family benefits states that in the EU, the country responsible for a person’s social protection, including family benefits, is determined by their economic situation and place of residence, not by their nationality.
The conditions for granting family allowances to parents are determined by national legislation. Generally, parents are entitled to benefits from a given EU country:
if they work there;
if they receive a pension under the social security system of that country (e.g. old-age, invalidity or survivor’s pension);
if they live there.
Different cases may arise:
Your family members do not live in the country where you are insured
If your family members do not live in the country where you are insured, as is the case for example for cross-border workers, you may be entitled to benefits in several countries.
The competent national authorities consider the situation of both parents and determine which country has priority for the payment of benefits. This decision is based on so-called priority rules.
Priority rules:
As a rule, the country in which you (or your spouse) are employed or self-employed (work-based entitlement) has priority for the payment of benefits.
If your entitlement is based on work (employed or self-employed) in both countries, the country responsible is the one where your children reside if one of the parents works there (for example, if the father works in Luxembourg and the mother in Belgium). Otherwise, it is the country where the benefits are higher.
If your entitlement is based on receiving a pension in both countries, the country responsible is the country where your children reside if that country pays one of the pensions. Otherwise, it is the country in which you were insured or stayed the longest.
If your entitlement is based on residence in both countries (for example, when you and your family members live in different countries), the country of residence of your children takes precedence.
Supplements (or differential supplements)
If the benefit you receive from the priority country is lower than what you would have received from the other country in which you are entitled, the second country will pay a supplement equal to the difference between the two benefits. This ensures that you receive the maximum amount to which you are entitled.
Your family members live in the country where you are insured
If you move to another EU country and are covered by that country’s social security system, you will be covered by its family benefits scheme.
If, on the other hand, you are seconded abroad for a short period (less than two years), while remaining covered by your home country, your home country must continue to pay your family allowances.
Where to apply for child benefit?
You can claim child benefit in the EU country or countries where you (or the other parent of your children) are entitled to benefits. The authority you apply to should to forward your claim to all the countries that are relevant to your case.
Check with the national authorities to find out when you have to apply. If you miss the deadline, you may lose your entitlement to benefits.
EU countries set their own rules on entitlements to benefits and services. All EU countries offer family allowances, but the amounts and conditions vary greatly. In some countries it is a regular payment, in others it is a tax benefit.
To avoid serious misunderstandings that could have a significant impact on your overall income, find out about the social security system in your host country.
Prescription is a termination of the right to request benefits.
Entitlement to the family allowance, the special supplementary allowance and the back-to-school allowance is not subject to a statute of limitations.
However, unpaid arrears (late payments) of family allowance, supplementary special allowance and back-to-school allowance shall be time-barred for one year from the end of the month for which they are due.
The birth allowance shall be time-barred after one year from the date of birth. However, the limitation period for the postnatal allowance does not begin until the child on whom eligibility is based reaches the age of two.
Interrupting a prescription period is only valid when an eligible claim for benefits is submitted.
The limitation period is interrupted if the application for a benefit has been submitted to the improper social security authority or institution.
What about the assignment, pledging and seizure of benefits?
One half of the monthly amount due for all family benefits, except for childbirth allowance, may be assigned, pledged or attached to cover:
claims against municipalities, social offices, public institutions, and administrations for the reimbursement of assistance granted insofar as such assistance concerns the beneficiary children or for the reimbursement of expenses advanced for the maintenance or rearing of the beneficiary children;
a debt owed by the recipient to a social security institution;
monthly payments to be made as repayment of a loan granted for the construction or acquisition of a family home, provided that the beneficiary children are the stipulated heirs (entitled to a minimum share of the deceased’s assets) of the debtor concerned.
Any benefit shall be withdrawn if the conditions on which it was based are no longer met.
If calculation data change or if it is found that the benefit was granted as a result of a material error, the benefit shall be increased, reduced or withdrawn.
Benefits granted or paid in excess (overpayments) shall be recovered from benefits due or from arrears. Amounts unduly received that cannot be recovered shall be returned by the person who received them unduly, regardless of the reason for the undue payment.
Any claim for recovery of undue payments by the Children’s Future Fund (CAE) must be made no later than ten years from the date on which the undue payment was made.
The CAE may resort to the forced recovery of debts by means of a writ of execution issued by the Chairman of the Management Committee and notified to the debtor by registered letter. The enforcement of the writ shall be carried out by a bailiff in accordance with the Code of Civil Procedure.
If the recipient or beneficiary has caused the award to be made by alleging inaccurate facts or concealing material facts or has failed to report such facts after the award, legal action may be taken.
Any matter affecting benefits may be decided by the Chairman of the CAE Board or his delegate. Such decision shall be final should no written objection be submitted by the person concerned within 40 days of notification. The objection shall be disposed of by the Executive Board.
A decision that can be challenged before the social courts concerning restitution can only be taken after the person concerned has been heard either orally or in writing. Reasons must be given for the decision.
The objection referred to above shall be deemed to constitute a hearing of the person concerned.
Decisions of the CAE Steering Committee may be appealed to the Social Security Arbitration Tribunal and, on appeal, to the Higher Council of Social Security.
The penalties provided for in Article 496 of the Criminal Code (imprisonment of four months to five years and a fine of €251 to €30,000), in addition to the reimbursement of sums unduly received, are imposed on those who fraudulently caused the CAE to provide a service that was not due or was only partially due.
Any person who has unduly obtained a benefit by failing to make the prescribed declaration or who has fraudulently induced the CAE to provide a benefit which was not due or which was due only in part, may be fined up to the amount of the sums unduly received without prejudice to the recovery of the said sums. This fine is set by the CAE Board or the administrative body that manages it. Failure to declare the change of residence to the competent local authority or authorities shall be deemed to be failure to make the prescribed declaration.
Any person who has appropriated a health record or opened it without the knowledge of the holder or his or her legal representative with the intention of violating its secrecy shall be punished by imprisonment for a term of eight days to six months and a fine of €251 to €1,250, or by one of these penalties only. Anyone who makes submission of a health record a condition for the granting any service or the concluding any contract shall be liable to the same penalties.