How the procedure is initiated
The procedure is initiated on the party’s application or ex officio. It is initiated ex officio on the basis of notifications from family members, citizens, institutions, associations, religious communities, companies and other legal persons, state and other bodies, as well as on the basis of facts established by the Institute’s professional staff in other proceedings. This means that the procedure may also be initiated by someone other than the person with a disability — which matters for persons who cannot file an application themselves.
Subject-matter and territorial jurisdiction
The right to the inclusion allowance is decided by the Croatian Institute for Social Work, through its regional offices. The competent regional office is the one of the party’s place of residence, and jurisdiction does not change even when the person uses an accommodation service outside their place of residence. The Act also lays down special rules on territorial jurisdiction for children and for certain exceptional situations.
Where and how to file the application
The application is filed with the competent regional office of the Croatian Institute for Social Work, in person or by post. The form Application for recognition of the right to the inclusion allowance can be downloaded from the Institute’s website (socskrb.hr, under Forms) and is also available at the regional offices.
Attach copies of all relevant medical documentation to the application — findings, discharge letters, specialists’ opinions and other documents describing the state of health. The expert evaluation is based on this documentation, so it is better to attach more rather than less. Keep the originals yourself.
What makes an application incomplete
The Inclusion Allowance Act does not define a “complete application”, so the general rule of the General Administrative Procedure Act on defects in a submission applies. Where a submission contains a defect that prevents it from being dealt with, that is, where it is unintelligible or incomplete, the official warns the party by a procedural decision and sets a time limit to remedy the defect, with a warning of the legal consequences. If the defects are not remedied within that time and the submission cannot be dealt with, it is dismissed by a decision.
In practice this most often means missing or incomplete medical documentation on which the expert evaluation is based, so the safest course is to submit all medical documentation relating to your state of health.
Three things to do when filing
- Ask for a confirmation of receipt. It is issued on a copy of the application, as a date stamp, and is the only reliable proof of when the application was filed. When sending by registered post, the day of posting is deemed the day of filing.
- Attach the documentation straight away, not later.
- Keep a copy of the filed application and all attachments — you will need it if the Institute asks for supplementation or if you later challenge the decision.
Accuracy of information
The applicant, or the beneficiary, is responsible for the accuracy of the information stated in the application and given during the procedure. The Institute can verify that information: it may request data on the income and assets of the applicant and household members from courts, financial institutions and other bodies, and may also obtain income data electronically, by personal identification number (OIB). It is therefore important to give true and complete information in the application.
If the information stated in the application changes, the Institute should be notified. Once the right has been granted, the beneficiary must report any change affecting the use of the right or its amount within eight days — for example a change of residence, placement in an institution or a longer stay abroad.
Do you have questions about your application, have you received a procedural decision asking for supplementation, or has your application been dismissed? Contact us in good time — we will advise you on the next steps and represent you in the further procedure before the Institute, the Ministry and the administrative court.