SOCIAL CODE OF THE REPUBLIC OF KAZAKHSTAN
Code of the Republic of Kazakhstan dated April 20, 2023 No. 224-VII SAM.
THE GENERAL PART
SECTION 1. GENERAL PROVISIONS
Chapter 1. BASIC PROVISIONS
Article 1. Basic concepts used in this Code
The following basic concepts are used in this Code:
1) habilitation – a set of measures aimed at the formation and development of abilities for household, social and professional activities in persons with disabilities;
2) individual plan of assistance to a person (family) (hereinafter – individual plan) – a plan of measures to promote employment and (or) social adaptation, drawn up by the career center together with the person who applied for targeted social assistance, and (or) his family members;
3) The State Corporation "Government for Citizens" (hereinafter – the State Corporation) is a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organizing work on receiving applications and issuing their results to the service recipient on the principle of "one window", ensuring the provision of public services in electronic form;
4) special social services – a set of services that provide a person (family) with the conditions to overcome the grounds that objectively violate human life and aimed at creating equal opportunities with other citizens to participate in the life of society;
5) price limits for special social services – maximum and minimum tariff levels for ensuring the guaranteed state cost of special social services;
6) a person (family) in need of special social services is a person (family) recognized as such on the grounds provided for in Article 133 of this Code that objectively violate a person's vital activity, which he cannot overcome independently;
7) recipient of special social services – a person (family) recognized as in need of special social services;
8) entities providing special social services – individuals and (or) legal entities engaged in the state and non-state sectors for the provision of special social services;
9) centers for the provision of special social services – organizations established by the decision of local executive bodies and providing special social services to persons (families) in need of special social services in a hospital, semi-hospital, temporary stay and at home;
10) standards for the provision of special social services – regulatory legal acts that establish minimum requirements for the quality, volume and conditions for the provision of special social services;
11) special means of transportation – a type of technical assistance that ensures the movement of a person with a disability;
12) assistant – an employee of a career center who performs the functions of assisting a social work consultant and the mayor of a village, village, rural district in conducting consultations, interviews, as well as monitoring the fulfillment of obligations under a social contract;
13) breadwinner – a person who supports disabled family members who are dependent on him, at the expense of his income;
14) the authorized body for the appointment of targeted social assistance – the local executive body of the city of republican significance, the capital, the district, the city of regional significance, the district in the city, carrying out the appointment of state targeted social assistance;
15) social contributions – money paid by payers of social contributions to the State Social Insurance Fund in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
16) arrears of social contributions – amounts of social contributions calculated and not paid within the time limits established by this Code, as well as unpaid amounts of penalties;
17) the rate of social contributions is a fixed amount of mandatory payments to the State Social Insurance Fund, expressed as a percentage of the amount of the object of calculation of social contributions;
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The effect of the paragraph of the first subparagraph 18) is suspended until 01.01.2025 by this Code and during the suspension period until 01.01.2024, this paragraph is valid in the wording of Article 262.
18) the payer of social contributions (hereinafter referred to as the payer) – an employer, an individual entrepreneur, including a peasant or farm, a person engaged in private practice, who calculate and pay social contributions to the State Social Insurance Fund in accordance with the procedure established by the legislation of the Republic of Kazakhstan, including tax agents determined by the tax legislation of the Republic of Kazakhstan, who pay social contributions to the State Social Insurance Fund for individuals receiving income under civil contracts, the subject of which is the performance of works (provision of services).
Local executive bodies or other legal entities are recognized as payers of social contributions when paying material benefits to individual assistants in accordance with paragraph nine of subparagraph 31) of paragraph 2 of Article 319 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code);
19) social maladaptation – violation of the interaction of a person with the social environment;
20) social deprivation – restriction and (or) deprivation of the possibility of self-satisfaction by a person (family) of basic life needs;
21) the unified information system of the social and labor sphere is an object of informatization designed to automate the activities of the authorized state body, local executive bodies on social protection and employment of the population, labor mobility centers, career centers, the Center for the Development of Labor resources and interdepartmental interaction in order to provide public services to the population in the social and labor sphere;
22) social work consultant – an employee of a career center who assists in the appointment of state targeted social assistance and the exit of a low-income person (family) from a situation caused by his/her being below the poverty line;
23) social worker – an employee providing special social services and (or) assessing and determining the need for special social services, having the necessary qualifications that meet the established requirements;
24) social professional orientation – a set of interrelated activities aimed at providing practical assistance in choosing professions, changing occupation and professional development, taking into account professional knowledge, skills, interests of the individual and the needs of the labor market;
25) social contract – an agreement defining the rights and obligations of the parties between a participant in active employment promotion measures and a labor mobility center (career center), and in cases provided for by this Code, with individuals or legal entities involved in the organization of active employment promotion measures, as well as on the provision of state targeted social assistance;
26) social risk – the occurrence of an event entailing disability and (or) loss of work, loss of breadwinner, loss of income due to pregnancy and childbirth, adoption of a newborn child (children) and child care upon reaching the age of one and a half years, as a result of which a participant in the compulsory social insurance system or in in the event of his death, family members who were dependent on him acquire the right to receive social benefits in accordance with this Code;
27) social benefits – payments made by the State Social Insurance Fund in favor of the recipient of social benefits;
28) the recipient of social benefits is an individual for whom social contributions were made to the State Social Insurance Fund before the occurrence of a social risk event and in respect of whom the State Social Insurance Fund issued a decision on the appointment of social benefits, and in the event of the death of a person who is a participant in the compulsory social insurance system, family members of the deceased (recognized by the court unknown absent or declared dead) of the breadwinner, who were dependent on him;
29) diversification – placement of pension assets in various financial instruments in order to reduce the risk of their losses in accordance with the requirements established by the National Bank of the Republic of Kazakhstan;
30) printed edition – periodicals, the list of which is determined by the authorized body for regulation, control and supervision of the financial market and financial organizations;
31) biometric identification is a procedure for establishing the identity of an individual on the basis of his physiological and biological unchangeable characteristics;
32) vacancy – a vacant workplace (position) at the employer;
33) lump–sum pension payment - the amount of pension savings formed at the expense of mandatory pension contributions, withdrawn by the depositor of mandatory pension contributions (recipient of pension payments) from the unified accumulative pension fund in order to improve housing conditions and (or) pay for treatment in accordance with the procedure established by this Code;
34) unified accumulative pension fund – a legal entity engaged in activities to attract pension contributions and pension payments, as well as other functions defined by this Code;