Maintenance (Assurance of Payment) Law, 5732-1972

In this Law –

"maintenance judgment" – a judgment or other decision of a competent court or tribunal given in Israel, as well as a foreign judgment, a temporary foreign judgment or an interim order declared enforceable under sections 3 or 8 of the Foreign Judgments Enforcement Law, 5718-1958, pursuant to which a person is obliged to pay maintenance to his or her spouse, minor child or parent;

"beneficiary" – a person in whose favour a maintenance judgment has been given and who does not reside with the debtor, including a parent who does not reside with the debtor in whose favour a maintenance judgment has been given for the benefit of the minor child in his or her custody even if the child is not with him or her;

"National Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;

"debtor" – an individual against whom a maintenance judgment has been given;

"minor child" – including an adopted minor and an adult child who is unable to support himself or herself;

"the Institute" – the National Insurance Institute.

"date of the judgment", in relation to a foreign judgment, a temporary foreign judgment and an interim order – the date on which they were declared enforceable under the Foreign Judgments Enforcement Law, 5718-1958;

"resident of Israel" – a person who is a resident for the purposes of the National Insurance Law, including a resident of Israel in the region as defined in section 378 of that Law.

The rates of payment shall be as fixed in the maintenance judgment or in Regulations, whichever is the lower rate.

The Institute shall notify the applicant, within thirty days of the date of submission of the application, of the approval of the application and the rate of payment, or of the rejection of the application.

The beneficiary is obliged, upon the request of the Institute, to give it, orally or in writing, any information relevant to his or her rights under this Law that is in his or her possession or that will come into his or her possession, including documents in his or her possession or which he or she is able to obtain.

A beneficiary shall notify the Institute in writing of any change that has occurred in his or her family status, income or any other matter in respect of which he or she previously provided information to the Institute, or in respect of a matter concerning which the Institute notified him or her that it is required for the purpose of receiving payment, within sixty days of the date of the change, provided that the change is likely to affect his or her entitlement to payment or its rate.

Where the Institute has not collected the full rate under the maintenance judgment as referred to in section 14, the beneficiary may, at the time and in the manner prescribed in Regulations, take enforcement proceedings in respect of the differential between the rates of payment as fixed in the maintenance judgment and the amount paid by the Institute.

An execution office to which a beneficiary has submitted an application for the enforcement of a maintenance judgment shall immediately notify the Institute accordingly.

A beneficiary who considers that his or her right to payment under this Law has been prejudiced may, in the manner and at the time prescribed in Regulations, bring an action before a regional Labour Court; however, where the maintenance judgment requires clarification, the jurisdiction to clarify it shall vest in the court or tribunal that gave it.

Where the Institute has collected from the debtor more than the payments it has made to the beneficiary under this Law, it shall transfer the differential to the beneficiary after deduction of collection expenses and attorney's fees, to the extent that they have been collected from the debtor as referred to in section 14(a).

The State Treasury shall allocate to the Institute all the funds required by it in order to make the payments to beneficiaries pursuant to the provisions of Chapter II.

Notwithstanding the provisions of this Law, its implementation shall be phased in gradually, and it shall apply to categories of beneficiaries and under such conditions as the Minister of Justice, in consultation with the Minister of Finance, has determined from time to time by Regulations.

This Law shall apply only to maintenance judgments given after the 12th of Tishrei 5732 (1 October 1971); however, the Minister of Justice, in consultation with the Minister of Finance, may apply this Law in respect of judgments given before that date, for different periods and for particular categories of beneficiaries, all as the Minister has determined.

This Law shall commence on the 23rd of Tishrei 5733 (1 October 1972); however, no retrospective payments as referred to in Section 6 shall be made in respect of any period prior to its commencement.