About approval of Rules of implementation of social payment to participants of system of obligatory social insurance and to individuals receiving the income under contracts of civil-legal character which subject is performance of works (rendering services) for which tax agents paid obligatory pension contributions for the period of the state of emergency

    

Footnote. Title in the wording of the order of the Minister of labor and social protection of the population of the Republic of Kazakhstan dated 29.03.2020 No. 114 (effective from the date of its first official publication).

 

      In accordance with subparagraph 4) of paragraph 1 of the Decree of the President of the Republic of Kazakhstan on March 16, 2020 No. 286 "on measures to ensure socio-economic stability", I ORDER:

 

  1. Approve the attached Rules for the implementation of social payments to participants of the mandatory social insurance system and individuals who receive income under civil contracts, the subject of which is the performance of works (services), for which tax agents paid mandatory pension contributions for the period of the state of emergency.

 

      Footnote. Item 1 as amended by the order of the Minister of labor and social protection of the population of the Republic of Kazakhstan dated 29.03.2020 No. 114 (effective from the date of its first official publication).

  1. The policy Department of social insurance, basic social security and pensions, Ministry of labour and social protection of population of the Republic of Kazakhstan in accordance with legislation to provide:

 

 1) state registration of this order in Ministry of justice of the Republic of Kazakhstan;

 

      2) placement of this order on the Internet resource of the Ministry of labor and social protection of the population of the Republic of Kazakhstan after its official publication;

 

      3) within ten working days after the state registration of this order in Ministry of justice of the Republic of Kazakhstan representation in legal Department of the Ministry of labour and social protection of population of the Republic of Kazakhstan information on the execution of the measures provided by subparagraphs 1) and 2) of this paragraph.

 

  1. control over the execution of this order shall be assigned to the Vice-Minister of labor and social protection of the population of the Republic of Kazakhstan Sarbasov A. A.

 

  1. This order shall enter into force from the date of its first official publication.

 

      Minister of labor and social protection

Of The Republic Of Kazakhstan B. Nurymbetov

                Appendix to the order

Minister of labor and social

protection of the population

No. 110 of the Republic of Kazakhstan

dated March 26, 2020

Rules for making social payments to participants of the mandatory social insurance system and individuals who receive income under civil contracts, the subject of which is the performance of works (provision of services), for which tax agents paid mandatory pension contributions for the period of the state of emergency

      Footnote. Rules as amended by the order of the Minister of labor and social protection of the population of the Republic of Kazakhstan dated 03.04.2020 No. 124 (effective from the date of its first official publication).

 

Chapter 1. General provisions

  1. These Rules for the implementation of social payments to participants of the mandatory social insurance system and individuals who receive income under civil contracts, the subject of which is the performance of works (services), for which tax agents paid mandatory pension contributions for the period of the state of emergency (hereinafter – Rules) are developed in accordance with subparagraph 4) of paragraph 1 of the Decree of the President of the Republic of Kazakhstan on March 16, 2020 No. 286 "on measures to ensure socio-economic stability" and determine the procedure for making social payments to participants of the mandatory social insurance system and individuals who receive income under civil contracts, the subject of which is the performance of works (services), for which tax agents paid mandatory pension contributions for the period of emergency.

 

  1. Social payment to participants of the compulsory social insurance system and individuals who receive income under civil contracts, the subject of which is the performance of works (provision of services), for which tax agents have paid mandatory pension contributions for the period of the state of emergency, is made from the State social insurance Fund (hereinafter referred to as the Fund).

 

  1. Social payment is made in case of loss of income due to restrictions on activities during the state of emergency (hereinafter-social payment) to the following categories:

 

      1) employees of small and medium-sized businesses who are on vacation without pay;

 

      2) employees of large business entities operating in localities where quarantine has been introduced, who are on vacation without pay;

 

      3) individual entrepreneurs who do not use hired labor;

 

      4) persons engaged in private practice;

 

      5) individuals who are payers of a single aggregate payment in accordance with article 774 of the Code of the Republic of Kazakhstan "on taxes and other mandatory payments to the budget" (Tax code) (hereinafter-the ESP payer);

 

      6) individuals who receive income under civil contracts, the subject of which is the performance of works (provision of services), for which tax agents paid mandatory pension contributions (hereinafter-individuals who receive income under GPH contracts);

 

      7) employees of non-profit legal entities (hereinafter referred to as non – profit organizations) who are on vacation without pay, except for state employees.

 

  1. the List of persons specified in sub-items 1), 2) and 7) of item 3 of these Rules is determined by district (city) headquarters for employment (hereinafter-district (city) headquarters), which include representatives of interested state bodies, the regional chamber of entrepreneurs of the Republic of Kazakhstan and territorial associations of trade unions on the basis of information provided by social contributions payers, except for cases when the application for social payment is submitted by employees themselves.

 

      The working body of the district (city) headquarters is the local employment Agency.

Chapter 2. The order of organization of social payments

  1. The appointment of social benefits paid to the persons referred to in paragraph 3 of this regulation.

 

  1. Social payment is not assigned to:

 

1) persons who do not have a single month of experience in the compulsory social insurance system within twelve months before the date of the state of emergency, with the exception of ESP payers;

 

      2) ESP payers who do not have a single month of experience in the compulsory social insurance system within twelve months prior to the application date;

 

      3) individuals receiving income under GPH contracts who do not have a single month of experience in the funded pension system during the twelve months prior to the date of the state of emergency.

 

  1. Social payment to the persons specified in subparagraphs 1), 2) and 7) of paragraph 3 of this regulation, shall be appointed on the basis of the opinion issued by the district (municipal) headquarters for the form of Annex 1 hereto, in connection with the loss of income for the period of the emergency, except when the application for granting social benefits served by the employees.

 

      The basis for assigning social benefits to the persons specified in sub-paragraphs 3), 4), 5) and 6) of paragraph 3 of these Rules, as well as in the case when the application for the appointment of social benefits is submitted by the employee himself, is an application in the form in accordance with Annex 2 to these Rules.

Chapter 3. Procedure for assigning social benefits

  1. to receive social benefits, payers of social contributions send an application for the appointment of social benefits in accordance with Annex 3 to these Rules to the district (city) headquarters with information about employees who are on leave without pay.

 

  1. The application for granting social benefits in the form of Annex 2 to this Regulation to the office of the State Corporation "Government for citizens" (hereinafter – the State Corporation) are persons specified in subparagraphs 3), 4), 5) and 6) of paragraph 3 of this regulation, and in the case where an application for the appointment of social benefits submitted by the employee.

 

  1. The application for granting of social payments is made by one of the following ways:

 

 1) through the web portal of "Electronic government";

 

      2) by means of a mobile subscriber device by the persons specified in sub-items 3), 4), 5) and 6) of item 3 of these Rules, as well as in the case when the application for social payment is submitted by the employee himself.

 

      In this case, the information provided in the application form in accordance with Annex 2 of these Rules is provided in the format of a dialog;

 

      3) through the portal Enbek.kz;

 

      4) through a proactive service for the persons specified in sub-paragraphs 3), 5) and 6) of paragraph 3 of these Rules. In this case, an application for social benefits is not required.

 

      The application submitted in accordance with sub-paragraphs 1), 2) and 3) of this paragraph is signed with a one-time password sent via SMS.

 

      In this case, if there are one or more conditions provided for in paragraph 6 of these Rules, the persons specified in sub-paragraphs 3), 4), 5) and 6) of paragraph 3 of these Rules, as well as employees in the case of submitting an application for social benefits, the information system of the authorized body automatically generates notifications of refusal to accept the application.

 

  1. The conclusion of the district (city) headquarters determines the list of persons who have lost income due to restrictions on activities during the state of emergency.

 

      The conclusion of the district (city) staff and the application for granting social benefits is sent to the office of the State Corporation no later than 1 business day from the date of registration of the application for the appointment of social payments under paragraph 8 of these Rules.

 

  1. Refusal to issue an opinion is issued by the district (city) headquarters in the following cases:

 

      1) in the absence of information provided for in paragraph 8 of these Rules;

 

      2) if the payer of social contributions does not belong to: small or medium-sized businesses, or large businesses operating in localities where quarantine has been introduced, or non-profit organizations;

 

      3) if the payer of social contributions is a state non-profit organization.

 

  1. Social payment is assigned once for the period of the state of emergency from the date of filing an application for social payment and is set at the amount of one minimum wage established by the Law of the Republic of Kazakhstan "on the Republican budget" for the corresponding financial year.

In case of extension of the state of emergency in accordance with the Law of the Republic of Kazakhstan "on the state of emergency", the decision to assign social benefits to recipients of social benefits is extended for the period of the state of emergency.

 

  1. The Department of the State Corporation within 1 business day from the date of receipt of applications for the appointment of social benefits provided for in paragraphs 9 and 11 of these Rules, if the application is submitted by the payer of social contributions from the district (city) headquarters, checks the completeness of the received package of documents.

 

      The Department of the State Corporation creates an electronic layout of the case (hereinafter – EMD), which automatically enters information from the application provided for in paragraphs 9 and 11 of these Rules, and if the application is submitted by the payer of social contributions, information from the conclusion of the district (city) headquarters, a certificate of experience in the mandatory social insurance system or the accumulative pension system, a draft decision on the appointment (or refusal) to assign social benefits separately for each person specified in paragraph 3 in the forms, according to appendices 4 and 5 of these Rules.

 

      The generated EMD is sent to the Fund's branch.

 

  1. the Branch of the Fund within 1 business day reviews the EMD with a draft decision and makes a decision on the appointment or refusal to appoint social payments (hereinafter – the decision).

 

      Refusal to assign social benefits is carried out in the presence of the conditions provided for in paragraph 6 of these Rules.

 

  1. on the basis of decisions on the assignment of social payments approved by the Fund's branch, the State Corporation shall ensure that the amounts of social payments assigned are included in the need for funds for social payments within 1 business day.

 

      The need for funds for social payments is formed by the State Corporation on a daily basis.

 

  1. the Fund provides daily funding to the State Corporation for the implementation of social payments on a schedule.

 

  1. the State Corporation, having received funds, within 1 business day forms payment orders for the payment of social benefits in accordance with the schedule and makes social payments to recipients by crediting funds to the recipients ' Bank accounts.

 

      The state Corporation and the Fund sign a reconciliation report on the amounts of social payments made, as well as on refunds of excessively credited (paid) social payments, no later than the 20th day of the month following the reporting month.

 

  1. Social payments are made daily during the state of emergency.

 

  1. The branch of the State Corporation informs the persons specified in paragraphs 9 and 11 of these Rules about the decision taken by the branch of the Fund to assign or refuse to assign social benefits if there are employees on leave without pay in the lists, as well as a statement in the form in accordance with Annex 2 to these Rules of a mobile phone number by sms notification to mobile phone numbers.

Appendix 1 to

Rules for the implementation of

social payments to participants of

the mandatory

social insurance system and

individuals who

receive income under civil

contracts

, the subject of

which is the performance of

works (services), for

which tax agents

paid mandatory

pension contributions for the period of the state of

emergency

                Form

Conclusion of the district (city) headquarters on employment issues

                        № ____ "__" _________ 20__ years

      District (city) headquarters for employment, having considered an application for social support in connection with the loss of income related to restrictions on activities during the state of emergency __________________________________________________________________________________________, (organization name/Full Name (if any) of applicant) by assigning social payments in case of loss of income in connection with the activity limits for the period of the emergency workers who are on leave without pay, on the submitted list, on the basis of paragraph 4 of the Rules of implementation of social payments to participants of the obligatory social insurance system and individuals who receive income under contracts of civil nature, the subject of which is execution of works (rendering of services), for which the tax agents paid mandatory pension contributions for the period of the state of emergency, makes a conclusion on determining the list of persons who lost income due to restrictions on activities for the period of the state of emergency.

 

      Commission chairman: _________________________________________________

 

 Members of the Commission*: ______________________________________________________

 

 ______________________________________________________

 

 _____________________________________________________

 

 (signature) (Surname, name, patronymic (if any)

 

      * note: only on paper

 

                Appendix 2 to

Rules for the implementation of

social payments to participants of

the mandatory

social insurance system and

individuals who

receive income under civil

contracts

, the subject of

which is the performance of

works (services), for

which tax agents

paid mandatory

pension contributions for the period of the state of

emergency

                Form

Statement

      Surname, name, patronymic (if available) ________________________________________

 

 IIN _______________________

 

 Name of the Bank __________Bank account number________________________

 

 Mailing address (residence address of the applicant) __________________________

 

 __________________________________________________________________________

 

 Phone ____________________ E-mail ________________________________________

 

      I consent to the collection and processing, storage and use of my personal data necessary for the purpose of social benefits in any way permitted by the legislation of the Republic of Kazakhstan.

 

      Warned of liability for providing false information and false (forged) documents.

 

      I confirm the loss of income due to the introduction of the state of emergency.

 

      Signature of applicant _____________________________________________________

 

 (signed one-time password sent via SMS)

 

                Appendix 3 to

Rules for the implementation of

social payments to participants of

the mandatory

social insurance system and

individuals who

receive income under civil

contracts

, the subject of

which is the performance of

works (services), for

which tax agents

paid mandatory

pension contributions for the period of the state of

emergency

                Form

Statement

      In district (municipal) headquarters ________________________________________________

 

 (district, city)

 

 From________________________________________________________________________

(name of organization/name (if any) of the applicant)

 

 Address of organization/applicant: ________________________________________________

 

 (district, city)

 

 E-mail __________________________ Phone __________________________________

 

      I ask you to consider the issue of social support in connection with loss of income related to the activities restrictions during the period of emergency by assigning social payments in case of loss of income in connection with the activity limits for the period of the emergency workers who are on leave without pay, according to the presented list:

 

No.

 

Surname, name, patronymic (if available)

 

IIN

 

Name of the Bank

 

Bank account number

 

Mobile phone number

 

 

 

 

 

 

 

      Warned of liability for providing false information and false (forged) documents.

 

      The head of the organization __________________________________________________

 

 (signed one-time password sent via SMS)

Appendix 4 to

Rules for the implementation of

social payments to participants of

the mandatory

social insurance system and

individuals who

receive income under civil

contracts

, the subject of

which is the performance of

works (services), for

which tax agents

paid mandatory

pension contributions for the period of the state of

emergency

.

Certificate of experience in the compulsory social security system

                        insurance or funded pension system

                __________________________________________________________________

(name of the branch of the State Corporation)

      Individual account № _____________________________________________

 

 Individual identification number (IIN) ______________________

 

 Surname____________________________________________________________

 

 Name ________________________________________________________________

 

      Patronymic (if available) ______________________________________________

 

The name of the payer

 

Date of payment of social contributions/mandatory pension contributions

 

BIN or IIN of the payer

 

Social contributions

 

Mandatory pension contributions

 

Period (month and year)

 

Amount of social contributions (tenge)

 

Period (month and year)

 

Amount of mandatory pension contributions

 

1

 

2

 

3

 

4

 

5

 

6

 

7

 

 

 

 

 

 

 

 

total:

 

Total experience of participation in the mandatory social insurance system/funded pension system_____________________________________

 

      (the number of calendar months from column 4 or 6 words)

 

 The average monthly income for calculation, recalculation of the size of social payments during the last 24 months______________________________________

 

 Responsible:___________________________________________

 

Date and time of discharge:_______________________________________________ Print

date

:______________________________________________________

Appendix 5 to

Rules for the implementation of

social payments to participants of

the mandatory

social insurance system

to individuals who

receive income under civil

contracts

, the subject of

which is the performance of

works (services), for

which tax agents

paid mandatory

pension contributions for the period of the state of

emergency

Code _______________________

 

 Area (city) _______________

 

 The DECISION

                  № ______________ from "____" __________ 20___ g.

            Branch of JSC " State social insurance Fund"

      by _________________________ region (city) on the appointment or refusal to

                  the purpose of social benefits in case of loss of income in

                        due to restrictions on the activities of the

                        state of emergency period

  1. Assign (refuse):

 

  1. of business _______________________________________________________________

 

 Surname______________________________________________________________

 

 Name__________________________________________________________________

 

 Patronymic (if any)______________________________________________

 

 Date of birth _______________________ floor ______________________________

 

 (day, month, year) (wives, husband)

 

      Date of request: _________________________________________ 20___ g.

 

      Total experience of participation in the compulsory social security system

insurance/funded pension system based on "_"______ 20___ g. _ _ _ _ months

 

      Amount of social payment for the period of the state of emergency "____"

_______ 20___ g. on "____" __________ 20____ in the amount of

_______________________________________________________________________________

(amount in figures and words)

 

  1. Refuse to assign social benefits_________(specify the reason)

branch

Manager

______________________________________________________________

 

(last name, first name, patronymic (if any))

branch

Specialist

 

      _______________________________________________________________

 

 (surname, name, patronymic (if available))

 

 The draft decision prepared by:

 

 Head of Department State Corporation _____________________________

 

 (surname, name, patronymic (if available))

 

 Specialist of Department State Corporation ____________________________

 

 (surname, name, patronymic (if available))

Дата публикации
25 марта 2020