PROJECT
On the approval of the Rules for the provision of social assistance, the establishment of its size and the definition of the list of certain categories of needy citizens of the Panfilov district
In accordance with Article 6 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan" and the Decree of the Government of the Republic of Kazakhstan dated June 30, 2023 No. 523 "On approval of Standard Rules for Providing Social Assistance, establishing its size and determining the list of certain categories of needy citizens", Panfilov District Maslikhat DECIDED:
1. To approve the Rules for Providing social assistance, establishing its size and determining the list of certain categories of needy citizens of the Panfilov district, in accordance with Annex 1 to this decision.
2. To recognize as invalid some decisions of the Panfilov district maslikhat of the Almaty region, according to Annex 2 to this decision.
3. This decision shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Appendix 1 to the decision
Rules for providing social assistance, establishing its size and determining the list of certain categories of citizens in need Panfilovsky district
Chapter 1. General provisions
1. These Rules for the provision of social assistance, establishing its size and determining the list of certain categories of needy citizens of Panfilov district (hereinafter – the Rules) have been developed in accordance with the Decree of the Government of the Republic of Kazakhstan dated June 30, 2023 №523 «On approval of Standard Rules for the provision of social assistance, establishing its size and determining the list of certain categories of needy citizens» and determine the procedure for providing social assistance, establishing its size and determining the list of certain categories of citizens in need.
2. The main terms and concepts used in these Rules:
1) The State Corporation «Government for Citizens» (hereinafter referred to as the authorized organization) 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;
2) special commission – a commission created by the decision of the akim of the city of republican significance, the capital, the district (city of regional significance), to consider the application of a person (family) applying for social assistance to certain categories of needy citizens;
3) holidays – days of national and state holidays of the Republic of Kazakhstan;
4) social assistance – assistance provided by the local executive body (MIO) in cash or in kind to certain categories of needy citizens (hereinafter referred to as recipients), as well as on holidays and memorable dates;
5) authorized body for the provision of 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 that provides social assistance;
6) the subsistence minimum is the required minimum monetary income per person, equal in value to the value of the minimum consumer basket, calculated by the republican state institution «Department of the Bureau of National Statistics of the Agency for Strategic Planning and Reforms of the Republic of Kazakhstan in the Zhetisu region»;
7) average per capita income – the share of total family income per family member per month;
8) holiday dates (hereinafter – memorable dates) – professional and other holidays of the Republic of Kazakhstan;
9) authorized state body – the central executive body that carries out management and intersectoral coordination in the field of social protection of the population in accordance with the legislation of the Republic of Kazakhstan, regulation, control functions over the activities of the State Social Insurance Fund;
10) precinct commission – a special commission created by the decision of the akims of the relevant administrative-territorial units to conduct a survey of the financial situation of persons (families) who have applied for targeted social assistance;
11) maximum size – the approved maximum amount of social assistance.
3. Social support measures provided for in paragraph 4 of Article 71, paragraph 3 of Article 170, paragraph 3 of Article 229 of the Social Code of the Republic of Kazakhstan, subparagraph 2) paragraph 1 of article 10, subparagraph 2) paragraph 1 of article 11, subparagraph 2) paragraph 1 of Article 12, subparagraph 2) of Article 13, Article 17 of the Law of the Republic of Kazakhstan «On Veterans» (hereinafter – the Law), are in accordance with the procedure defined by these Rules.
4. Social assistance is provided at a time and (or) periodically (monthly, quarterly, once every six months, once a year).
5. Lists of holidays and memorable dates for the provision of social assistance:
1) February 15 – The day of the withdrawal of Soviet troops from Afghanistan;
2) April 26 is the Day of Participants in the elimination of the Consequences of Radiation Accidents and Catastrophes and the memory of the victims of these accidents and Catastrophes;
3) May 9 – Victory Day in the Great Patriotic War;
4) August 29 – The day of the closure of the Semipalatinsk nuclear test site;
5) December 16 is the Independence Day of Kazakhstan.
Chapter 2. Procedure for determining the list of categories of recipients of social assistance and determining the amount of social assistance
6. The grounds for classifying citizens as needy are:
1) causing damage to a citizen (family) or his property as a result of a natural disaster or fire, or the presence of a socially significant disease;
2) the presence of an average per capita income that does not exceed the threshold established by local representative bodies in a multiple of the subsistence minimum;
3) orphanhood, lack of parental care;
4) inability to self-care due to old age;
5) release from places of deprivation of liberty, being registered with the probation service.
7. List of categories of recipients and maximum amounts of social assistance:
1) veterans of the Great Patriotic War – 1500,000 (one million five hundred thousand) tenge, at a time;
2) veterans of military operations on the territory of other states – 150,000 (one hundred and fifty thousand) tenge, at a time;
3) veterans equated by benefits to veterans of the Great Patriotic War, namely:
military personnel, as well as persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR, who served during the Great Patriotic War in cities, participation in the defense of which was counted until January 1, 1998 in the length of service for appointment pensions on preferential terms established for military units of the active army - 100,000 (one hundred thousand) tenge, at a time;
persons of the civilian staff of the Soviet Army, Navy, troops and bodies of internal affairs and state security of the former USSR, who held regular positions in military units, headquarters, institutions that were part of the active army during the Great Patriotic War, or who were in the corresponding periods in cities, participation in the defense of which counted up to 1 January 1998 in the length of service for the appointment of pensions on preferential terms established for military units of the active army - 100,000 (one hundred thousand) tenge, at a time;
persons who during the Great Patriotic War were part of units, headquarters and institutions that were part of the active army and navy, as sons (pupils) of regiments and jung - 100,000 (one hundred thousand) tenge, at a time;
persons who took part in hostilities against nazi Germany and its allies during the Second World War on the territory of foreign countries as part of partisan detachments, underground groups and other anti-fascist formations - 100,000 (one hundred thousand) tenge, at a time;
employees of special formations of the People's Commissariat of Railways, the People's Commissariat of Communications, the floating composition of fishing and transport vessels and the flight-lifting composition of aviation, the People's Commissariat of the Fishing Industry of the former USSR, the sea and river Fleet, the flight-lifting composition of the Main Sea Route, who during the Great Patriotic War were transferred to the position of military personnel and performed tasks in the interests of the active army and navy within the rear borders of the active fronts, operational zones of fleets, as well as members of the crews of transport fleet vessels, interned at the beginning of the Great Patriotic War in the ports of other states - 100,000 (one hundred thousand) tenge, at a time;
citizens who worked during the siege in the city of Leningrad at enterprises, institutions and organizations of the city and were awarded the medal «For the Defense of Leningrad» or the sign «Resident of besieged Leningrad» - 60,000 (sixty thousand) tenge, at a time;
minor prisoners of concentration camps, ghettos and other places of forced detention created by the fascists and their allies during the Second World War - 100,000 (one hundred thousand) tenge, at a time;
persons who took part in the liquidation of the consequences of the Chernobyl nuclear power plant disaster in 1986 – 1987, other radiation disasters and accidents at civilian or military facilities, as well as those who participated directly in nuclear tests - 150,000 (one hundred and fifty thousand) tenge, at a time;
4) persons equated on benefits to persons with disabilities as a result of injury, contusion, injury or illness received during the Great Patriotic War, namely:
military personnel whose disability is established as a result of injury, contusion, injury received in the defense of the former USSR, the performance of other duties of military service in other periods, or as a result of diseases associated with being at the front, as well as during military service in Afghanistan or other states in which military operations were conducted - 100,000 (one hundred thousand) tenge, at a time;
persons of the commanding and ordinary staff of the state security bodies of the former USSR and internal affairs bodies, to whom disability was established as a result of injury, contusion, injury received in the performance of official duties, or as a result of illness associated with being at the front or performing official duties in the states in which hostilities were conducted - 100,000 (one hundred thousand) tenge, at a time;
workers and employees of the relevant categories who served active military contingents in other countries and who were disabled as a result of injury, contusion, injury or illness received during the period of hostilities - 100,000 (one hundred thousand) tenge, at a time;
persons from the number of fighters and command personnel of fighter battalions, platoons and people's protection detachments operating in the period from January 1, 1944 to December 31, 1951 on the territory of the Ukrainian SSR, Byelorussian SSR, Lithuanian SSR, Latvian SSR, Estonian SSR, whose disability was established as a result of injury, contusion or injury received in the line of duty duties in these battalions, platoons, detachments - 100,000 (one hundred thousand) tenge, at a time;
persons whose disability has been established as a result of the Chernobyl nuclear power plant disaster and other radiation disasters and accidents at civilian or military facilities, nuclear tests, and their children whose disability is genetically related to radiation exposure of one of their parents - 100,000 (one hundred thousand) tenge, at a time;
5) veterans of labor, namely:
persons awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War – 60,000 (sixty thousand) tenge, at a time;
persons who have worked (served) at least six months from June 22, 1941 to May 9, 1945 and not awarded with orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War - 60,000 (sixty thousand) tenge, at a time;
6) other persons covered by the Law defined by Article 8:
families of deceased servicemen, namely:
families of servicemen, partisans, underground workers, veterans of the Great Patriotic War, veterans of military operations on the territory of other states, veterans equated to veterans of the Great Patriotic War on benefits), those who died (missing) or died as a result of wounds, contusions or injuries received while defending the former USSR, performing other duties of military service (official duties), or due to illness associated with being at the front - 60,000 (sixty thousand) tenge, at a time;
families of persons killed in the Great Patriotic War from among the personnel of self-defense groups of object and emergency teams of local air defense, families of deceased employees of hospitals and hospitals of the city of Leningrad - 60,000 (sixty thousand) tenge, at a time;
families of military personnel, commanding officers and enlisted personnel called up for military service of the Ministry of Defense, Internal Affairs bodies and state Security of the former USSR, who died (died) while performing tasks to protect public order in extreme circumstances related to antisocial manifestations - 60,000 (sixty thousand) tenge, at a time;
families of servicemen who were killed (missing) or died as a result of injury, contusion, injury, disease received during hostilities in Afghanistan or other states in which hostilities were conducted - 150,000 (one hundred and fifty thousand) tenge, at a time;
families of servicemen who died during military service in peacetime - 150,000 (one hundred and fifty thousand) tenge, at a time;
families of persons who died during the liquidation of the consequences of the Chernobyl nuclear power plant disaster and other radiation disasters and accidents at civilian or military facilities - 150,000 (one hundred and fifty thousand) tenge, at a time;
families of those who died due to radiation sickness or deceased persons with disabilities, as well as citizens whose death is in accordance with the established procedure associated with the impact of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civilian or military facilities and nuclear tests - 150,000 (one hundred and fifty thousand) tenge, at a time;
the spouse of a deceased person with a disability due to injury, contusion, injury or disease received during the Great Patriotic War, or a person equated on benefits to persons with disabilities due to injury, contusion, injury or disease received during the Great Patriotic War, as well as the spouse of a deceased participant of the Great Patriotic War war, partisan, underground worker, citizen awarded the medal «For the Defense of Leningrad» or the sign «To a resident of besieged Leningrad», recognized as persons with disabilities as a result of a common disease, labor injury and other reasons (except for illegal ones) who did not remarry - 60,000 (sixty thousand) tenge, at a time;
persons from among the participants in the liquidation of the consequences of the Chernobyl nuclear power plant disaster in 1988 – 1989, evacuated (who left independently) from exclusion zones and resettlement to the Republic of Kazakhstan, including children who were in an intrauterine state on the day of evacuation - 60,000 (sixty thousand) tenge, at a time;
workers and employees of the State Security Committee of the former USSR who were temporarily on the territory of Afghanistan and were not part of a limited contingent of Soviet troops - 50,000 (fifty thousand) tenge, at a time;
7) persons who took part in the events of December 17-18, 1986 in Kazakhstan, established by the SAM «On the rehabilitation of victims of mass political repression» - 150,000 (one hundred and fifty thousand) tenge.
8) persons (families) are recognized by the limitation of vital activity due to socially significant diseases:
persons registered at the dispensary with a socially significant disease without taking into account the average per capita income in the amount of 5 (five) monthly calculation indices, monthly, of which: parents or other legal representatives of children infected with the human immunodeficiency virus who are registered at the dispensary without taking into account the average per capita income in 2 (two) times the amount of the subsistence minimum established By the Law of the Republic of Kazakhstan on the republican budget for the corresponding financial year, monthly;
9) in case of damage to citizens (families) permanently residing and registered at this address, or their property, as a result of a natural disaster or fire, no later than three months without taking into account the average per capita income – 200 (two hundred) monthly calculated indicators, at a time;
10) persons in need (families), taking into account the average per capita income not exceeding the threshold of a single subsistence minimum - 15 (fifteen) monthly calculation indices, at a time:
persons released from prison;
persons registered with the probation service;
11) orphans and children left without parental care studying at full-time departments in organizations of higher, technical and vocational, after secondary education of the Republic of Kazakhstan without income, low-income families with children studying at full-time departments in organizations of higher, technical and vocational, after secondary education of the Republic of Kazakhstan, with average per capita income, not exceeding the amount of the subsistence minimum established in the region preceding the quarter of the application for the appointment of social assistance – 500 (five hundred) monthly calculation indices within the limits of the funds provided by the budget for the current financial year, at a time;
12) families whose children are brought up and trained in preschool educational institutions, whose average per capita income does not exceed the seventy percent threshold, in a multiple of the subsistence minimum in the region -5 (five) monthly calculation indices, monthly;
13) to one of the legal representatives of children with disabilities and persons accompanying persons with disabilities of the first group for sanatorium treatment without taking into account the average per capita income provided as compensation for the cost of sanatorium treatment, determined by the authorized body in the field of social protection of the population - 55 (fifty-five) monthly calculation indices, at a time.
Monthly social assistance to veterans of the Great Patriotic War in the amount of 3 (three) monthly calculation indices.
8. The procedure for the provision of social assistance, the grounds for termination and return of the provided social assistance is determined according to the Standard Rules.
9. By holidays and memorable dates, the amount of social assistance for a particular category of recipients is set in a uniform amount by local representative bodies in coordination with the regional administration.
10. The amount of social assistance provided in each individual case is determined by a special commission, which indicates it in the conclusion on the need for social assistance.
Chapter 3. The procedure for providing social assistance
11. Social assistance for holidays and memorable dates is provided without requesting applications from recipients and their lists are formed by sending a request to an authorized organization or other organizations.
12. In order to receive social assistance to certain categories of needy citizens, the applicant, on his own behalf or on behalf of the family, submits an application to the authorized body for the provision of social assistance or to the akim of a settlement, village, rural district in accordance with Annex 1 to the Model Rules, with the following documents attached:
1) identity document (for identification purposes);
2) information about the income of a person (family members) (for receiving social assistance, which is assigned regardless of the income of a person (family members), information about the income of a person (family members) is not provided);
3) one of the following documents confirming the fact that there are grounds for classifying as needy:
a document confirming the fact of damage caused to a citizen (family) or his property as a result of a natural disaster or fire;
a document confirming the fact of the presence of a socially significant disease;
a document confirming the existence of an average per capita income that does not exceed the threshold set by local representative bodies, in a multiple of the subsistence minimum;
a document confirming the fact of orphanhood, absence of parental care;
a document confirming the fact of inability to self-service due to old age;
a document confirming the fact of release from places of deprivation of liberty, being registered with the probation service;
Documents are submitted in originals and copies for verification. After verification, the originals of the documents are returned to the applicant.
13. Upon receipt of an application for the provision of social assistance to certain categories of needy citizens on the basis specified in subparagraph 2) of paragraph 6 of these Rules, the authorized body for the provision of social assistance or the akim of a settlement, village, rural district within 1 (one) working day, send the applicant's documents to the precinct commission to conduct a survey of the financial situation of the person (families).
14. The precinct commission, within 2 (two) working days from the date of receipt of the documents, conducts an examination of the applicant, according to the results of which it draws up an act on the financial situation of the person (family), prepares an opinion on the need of the person (family) for social assistance in accordance with the forms, according to Annexes 2, 3 to the Standard Rules, and sends them to the authorized body for the provision of social assistance or the akim of a settlement, village, rural district.
The akim of the village, village, rural district within 2 (two) working days from the date of receipt of the act and the conclusion of the precinct commission sends them with the attached documents to the authorized body for social assistance.
15. In case of insufficient documents for the provision of social assistance, the authorized body for the provision of social assistance requests from the relevant authorities the information necessary to review the documents submitted for the provision of social assistance.
16. If it is impossible for the applicant to submit the necessary documents due to their damage, loss, the authorized body for the provision of social assistance makes a decision on the provision of social assistance on the basis of data from other authorized bodies and organizations with relevant information.
17. The authorized body for the provision of social assistance within 1 (one) working day from the date of receipt of documents from the precinct commission or akim of the village, village, rural district calculates the average per capita income of a person (family) in accordance with the legislation of the Republic of Kazakhstan and submits a full package of documents for consideration by a special commission.
18. Within 2 (two) working days from the date of receipt of the documents, the Special Commission issues a conclusion on the need for social assistance, and if the conclusion is positive, indicates the amount of social assistance.
19. The authorized body for the provision of social assistance within 8 (eight) working days from the date of registration of the applicant's documents for the provision of social assistance makes a decision on the provision or refusal to provide social assistance on the basis of the accepted documents and the conclusion of a special commission on the need for social assistance.
In the cases specified in paragraphs 15 and 16 of these Rules, the authorized body for the provision of social assistance makes a decision to provide or refuse to provide social assistance within 20 (twenty) working days from the date of acceptance of documents from the applicant or akim of the settlement, village, rural district.
20. The authorized body for the provision of social assistance notifies the applicant in writing of the decision (in case of refusal – indicating the grounds) within 3 (three) working days from the date of the decision.
21. Refusal to provide social assistance is carried out in the following cases:
1) identification of false information provided by the applicants;
2) refusal, evasion of the applicant from conducting a survey of the financial situation of the person (family);
3) exceeding the size of the average per capita income of a person (family), the threshold established by local representative bodies for the provision of social assistance.
22. Financing of expenses for the provision of social assistance is carried out within the funds provided by the local budget for the current financial year.
23. Social assistance is terminated in the following cases:
1) death of the recipient;
2) departure of the recipient for permanent residence outside the relevant administrative-territorial unit;
3) referrals of the recipient for accommodation in state medical and social institutions;
4) identification of false information provided by the applicant.
The payment of social assistance is terminated from the month of the occurrence of these circumstances.
24. Excessively paid amounts of social assistance are subject to voluntary refund, illegally received amounts are subject to voluntary or judicial refund.
25. Monitoring and accounting of the provision of social assistance is carried out by the authorized body for the provision of social assistance using the database of the automated information system «E-Sobes».
Appendix 2 to the decision
List of invalidated certain decisions Panfilov district Maslikhat
1. Decision of the Panfilov District Maslikhat of the Almaty region dated February 23, 2018 № 6-30-196 «On approval of the Rules for providing social assistance, setting the size and determining the list of certain categories of needy citizens of the Panfilov district» (registered in the Register of State Registration of Regulatory Legal Acts under № 4538).
2. Decision of the Panfilov District Maslikhat of Almaty region dated November 28, 2018 № 6-45-285 «On Amendments» to the Decision of the Panfilov District Maslikhat dated February 23, 2018 № 6-30-196 «On Approval of the Rules for Providing Social assistance, Setting the Size and Determining the list of certain categories of needy citizens of the Panfilov district» (registered in the Register of State Registration of Regulatory Legal Acts under № 4913).
3. Decision of the Panfilov District Maslikhat of Almaty region dated April 16, 2020 № 6-69-397 «On Amendments and Additions to the Decision of the Panfilov District Maslikhat dated February 23, 2018 № 6-30-196 «On Approval of the Rules for Providing Social assistance, Setting the size and Determining the list of certain categories of needy citizens» (registered in the Register of State Registration of Regulatory Legal Acts under № 5491).
4. Decision of the Panfilov District Maslikhat of Almaty region dated November 15, 2021 № 7-12-66 «On Amendments to the Decision of the Panfilov District Maslikhat dated February 23, 2018 № 6-30-196 «On Approval of the Rules for Providing Social Assistance, Setting the Size and Determining the list of Certain Categories of Needy Citizens» (registered in the Register of State Registration of Regulatory Legal Acts under № 25389).