What Is the Compensation?
When a municipality does not have enough places in its kindergartens and nurseries, families with young children are forced to seek private alternatives. To offset this financial burden, the state provides a mechanism for reimbursing the expenses incurred by parents.
The legal basis is the Ordinance on the Conditions and Procedure for Payment of Compensations to Parents Whose Children Have Not Been Admitted Due to a Lack of Available Places in Municipal Kindergartens and Nurseries, published in the State Gazette, issue 90 of 27.10.2023. It entitles parents to receive monetary funds for the costs they have incurred to provide care and education for their child in a private institution or through a hired individual.
It is important to emphasise that the compensation is not automatic — the parent must submit an application to the municipality and present the relevant documents. Below we examine in detail who can benefit, what the requirements are, and how the entire procedure works.
Which Children Fall Within the Scope of the Ordinance?
The Ordinance covers two main age groups, each with specific eligibility conditions:
First group — children from 3 months of age up to 1 September of the year they turn 3. This includes children who have applied for admission to a municipal nursery or a nursery unit within a kindergarten but were not admitted due to a lack of available places.
Second group — children who have turned 2 by the start of the school year. This category applies where no nursery exists in the settlement where the child lives, and the child was also not admitted to a kindergarten due to a lack of places.
In both cases, the key prerequisite is that the refusal of admission must be due to a lack of places, not for any other reason (such as incomplete documents or failure to submit an application).
Five Mandatory Conditions for Eligibility
For the right to compensation to arise, all five conditions set out in the Ordinance must be met simultaneously (cumulatively):
| No. | Condition | Who verifies? |
|---|---|---|
| 1 | The child applied for admission but was not accepted due to a lack of available places | Municipality (ex officio) |
| 2 | The child is not enrolled in a municipal nursery or nursery unit | Municipality (ex officio) |
| 3 | The municipality has not offered an alternative available place in another nursery or kindergarten | Municipality (ex officio) |
| 4 | The parent does not receive other support from the state budget for the child's care (except monthly allowances under the Family Allowances for Children Act) | Parent (by declaration) |
| 5 | The parent is not on childcare leave under Art. 164(1) of the Labour Code (leave for raising a child up to age 2) | Parent (by declaration) |
The first three conditions are verified ex officio by the municipal administration based on data from the admission system. For the fourth and fifth conditions, the parent signs a declaration confirming that they do not receive other budget support and are not on childcare leave.
An important clarification: both parents cannot receive compensation for the same expenses. However, each parent is permitted to declare and be compensated for different types of expenses related to the child's care.
What Expenses Qualify for Compensation?
The Ordinance covers two main types of expenses that parents incur to provide care and education for their child outside the municipal system:
- Fees under contracts with private nurseries or private kindergartens with a nursery unit — this includes the monthly fees that the parent pays to the private institution for the child's attendance. The contract must be between the parent and the private facility.
- Fees under contracts with individuals for childcare and education — in cases where the parent has hired a person (for example, a childminder) to care for the child. A written contract is also required.
Expenses for food, clothing, toys, or other items not directly related to care and education are not eligible for compensation. The key requirements are a written contract and documents evidencing the actual payments made (invoices, receipts, bank statements).
How to Apply — Step by Step
The procedure consists of two main stages: an initial application for recognition of the right and subsequent payment requests.
Stage 1: Application for Recognition of the Right
- Prepare an application using the standard form — the form is provided by the municipality where the child has their current address. Most municipalities publish the template on their website.
- Submit the application to the municipality of the child's current address. You may do so in person, by post, or electronically if the municipality supports this option.
- Wait for the verification — the municipal administration carries out an ex officio check of conditions 1, 2, and 3 within 14 days.
- Receive notification — if all conditions are met, the municipality notifies you that your right to compensation has been recognised.
Stage 2: Payment Request (every two months)
- Prepare a payment request for the relevant two-month period.
- Attach a declaration confirming that conditions 4 and 5 continue to be met.
- Submit expense documents — invoices, receipts, or bank statements for payments made during the period.
- With the first request, also attach a copy of the contract with the private nursery/kindergarten or with the individual.
- Await payment — the municipality transfers the funds within 15 business days of receiving the financing from the state budget.
Filing Deadlines
Payment requests are submitted every two months, with a fixed deadline for each period. Missing the deadline may result in delays or refusal of payment for the relevant period.
| Period | Filing Deadline |
|---|---|
| September – October | 5 November |
| November – December | 5 January (following year) |
| January – February | 5 March |
| March – April | 5 May |
| May – June | 5 July |
| July – August | 5 September |
We recommend submitting your request as soon as possible after the end of the two-month period to avoid processing delays.
How Much Is the Compensation?
The compensation amount is based on the actual expenses incurred by the parent, but there is an upper limit. The maximum sum may not exceed the average cost of maintaining one child within the pre-school education system, calculated for the relevant year.
The specific cap is set annually by an order of the Minister of Education and Science. This means the maximum permissible monthly amount may change each year depending on budget calculations.
Formula: Compensation = actual expenses, but no more than the average annual cost per child in pre-school education
In practice: if the fee at the private nursery is lower than the established cap, you will receive the full amount of expenses incurred. If the fee exceeds the cap, the compensation will be limited to the maximum permissible value.
Refusal by the Mayor and Right of Appeal
If the mayor of the municipality refuses to recognise the right to compensation or rejects a specific payment request, the parent is not left without recourse. The refusal constitutes an individual administrative act and is subject to judicial review under the Administrative Procedure Code (APC).
The appeal is filed with the competent administrative court in the jurisdiction of the municipality. The deadline for lodging the appeal is 14 days from the date of notification of the refusal. The court may annul the refusal and oblige the municipality to issue an act recognising the right.
Before resorting to court proceedings, check whether the refusal is based on formal grounds (incomplete documents, missed deadline) that you can rectify and resubmit. If, however, you believe the refusal is substantively unfounded, we recommend seeking legal assistance for the preparation of your appeal.
Frequently Asked Questions
Need Assistance With Your Application or Appeal?
The Innovires Legal team can help you prepare the application, review the documentation, and provide legal representation in case of a municipal refusal. Contact us for a consultation on your specific case.