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On state targeted social aid

15.10.2018

On state targeted social aid

Unofficial translation
The Law of the Republic of Kazakhstan dated 17 July, 2001 No. 246.


Unofficial translation


Footnote. Through the whole text, the word “aul (village)” is substituted respectively by the word “village” by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication)


This Law regulates legal relations related to rendering state targeted social aid to the public.

Article 1. Basic definitions used in this Law


The following basic definitions are be used in this Law:


1) assistant is an employee of the centre of public employment, who exercise functions of assisting to consultant on the social work and the akim of the settlement, village, rural district in conducting consultations, interviewing, and monitoring the fulfillment of obligations under the social contract;


1-1) consultant on the social work is an employee of the centre of public employment, who facilitates of supporting the assignment of targeted social aid and the emergence of a low-income person (family) from the situation due to his (their) being lower than the poverty line;


1-2) social contract is an agreement defining the rights and obligations of the parties, participation in active measures to promote employment between a citizen of the Republic of Kazakhstan or oralmans from among the unemployed, self-employed, and other persons in cases provided by Law of the Republic of Kazakhstan “On Public Employment” and the center of public employment, and in cases provided by Law of the Republic of Kazakhstan “On Public Employment”, with individuals and legal entities involved in the organization of active measures to promote employment, as well as on the provision of state targeted social aid;


1-3) able-bodied person (able-bodied family member) is a person or family member from sixteen years to the retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan ” On retirement insurance in the Republic of Kazakhstan” capable of working and performing work of a certain qualification, volume and quality;


2) per capita income – share of aggregate income of a family which is accounted for each member of the family per month;

      3) aggregate income – sum of types of income,taken into account in the prescription of the targeted social aid;
4) state targeted social aid (hereinafter – targeted social aid) – payment in money form provided by the state to the individuals (families) with monthly per capita income lower than poverty line established in the regions, the cities of republican significance, the capital;


5) central executive body – the state body carrying out the administration in the scope of public employment as well as within the limits, provided by the legislation of the Republic of Kazakhstan, inter-industry coordination;


5-1) individual plan of aid to the family (hereinafter – an individual plan) is a plan of measures of supporting the employment and (or) social adaptation, compiled by the centre of public employment in conjunction with the person who applied for targeted social aid, and (or) members of his (her) family;


5-2) low-income persons (families) are the persons (families) who have per capita incomes per month below the poverty line established in oblasts, cities of republican significance, capital;


6) authorized body – local executive body of a city of republic significance, the capital, a district, a city of regional significance, district in a city, city of district significance, carrying out the prescription of the targeted social aid;


7) divisional commission – special commission created by decision of the mayors of relevant administrative and territorial units for performance of inspection of financial condition of persons (families), who applied for targeted social aid;


8) center of public employment is a state entity created by the local executive authority of the district, cities of oblast and republican importance, the capital for the purpose of implementing active measures of supporting the employment, organizing social protection against unemployment and other measures of supporting the employment in accordance with Law of the Republic of Kazakhstan “On Public Employment”;


9) unconditional cash assistance is a type of targeted social aid provided in the form of monthly cash payments to low-income persons (families) with limited opportunities to participate in measures of supporting the employment;


10) conditional cash assistance is a type of targeted social aid shall provide in the form of a monthly and (or) non-recurring payment to low-income persons (families), subject to their mandatory participation in the measures of supporting of employment and (or), if necessary, social adaptation measures.


      Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 27.06.2011 No. 444-IV (shall be enforced from 01.01.2012); with amendments introduced by the Law of the Republic of Kazakhstan dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.05.2015 No. 315-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 24.11.2015 No. 421-V (shall be enforced upon expiry of ten calendar days after its first official publication; dated 06.04.2016 No. 483-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2017 No. 76-VI (shall be enforced from 01.07.2017).


Article 2. Right for targeted social aid

      1.Citizens of the Republic of Kazakhstan, oralmans, refugees, foreigners and stateless persons who permanently live in the Republic Kazakhstan with the per capita income lower than the poverty line have the right for targeted social aid.


1-1. The size of the poverty line in the Republic of Kazakhstan is determined by the central executive body on the ground of the subsistence minimum living wage per capita in terms of percentage, depending on the economic opportunities of the state.


1-2. Poverty line on oblasts, cities of republican importance, capital quarterly is calculated by local executive bodies.


Mass media publish an information about:


      1) Is excluded by the Law of the Republic of Kazakhstan dated 20.06.2017 No. 76-VI (shall be enforced from 01.07.2017);


      2) Poverty line – quarterly by local executive bodies;


3) share of the population, who have incomes below the poverty line, in the republic, in oblasts, city of republican importance, capital – annually by the authorized body in the field of state statistics.


2. Targeted social aid shall not be prescribed to:


1) to the persons (families) with an average per capita income exceeding the poverty line, established in oblasts, city of republican importance, capital;


2) to the families, employable family members, who abandoned from participation in the measures of supporting the employment, except of minor children, including children studying full time in the organizations of secondary, technical and professional, post-secondary education, higher educational institutions, after the attainment of their majority, until the end of their educational institutions (but no more than up to twenty-three years);


3) to the persons (families) who have submitted knowingly false information or counterfeit (falsified) documents for the assignment of targeted social aid.


3. Targeted social aid shall be provided in the form of unconditional cash assistance and conditional cash assistance.


4. Unconditional cash assistance is provided to:


1) single and (or) lonely low-income persons with limited opportunities to participate in measures of supporting the employment in connection with:


reaching the retiring age, established in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan ” On Retirement Insurance in the Republic of Kazakhstan”;


disabled persons of first or second group;


the presence of a disease in which the term of temporary incapacity for work can be established for more than two months;


2) To the low-income families, all able-bodied family members of whom are disabled persons of first or second group and (or) have diseases in which the term of temporary disability can be established for more than two months, and (or) cares for a child up to seven years, disabled persons of the first or second group, the elderly, who need in nursing care and help.


5. Conditional cash assistance is provided to single and (or) lonely to poor working-age persons, as well as for low-income families with an able-bodied (able-bodied) member (members), subject to his/her (their) participation in measures of supporting the employment and (or) if necessary social adaptation, with the exception of persons (families) specified in paragraph 4 of this article.


6. The conclusion of a social contract is a required condition for the prescription of conditional cash assistance.


Participation in measures of supporting the employment shall be not a required condition for payment of conditional cash assistance:


1) disabled persons of first and second groups;


2) pupils, students, listener, cadets and full-time graduate students;


3) persons who have been on hospital treatment for more than two months;


4) persons engaged in nursing children at the age of up to seven years, a disabled child, disabled of first and second group, as well as seniors older than eighty years, who need in nursing care and help;


5) persons who have a permanent job.


      Footnote. Article 2 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 320 (order of enforcement see Article 2); dated 16.01.2009 No. 121; dated 04.12.2009 No. 217-IV (shall be enforced from 01.01.2010); dated 27.06.2011 No. 444-IV (shall be enforced from 01.01.2012); dated 19.05.2015 No. 315-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 06.04.2016 No. 483-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.06.2017 No. 76-VI (shall be enforced from 01.07.2017).


Article 3. Application for prescription of targeted social aid


FootnoteFootnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).


1. Person (hereinafter – applicant) on his own behalf or on behalf of his/her family shall apply for prescription of targeted social aid to the centre of public employment in the area of his/her residence, and in a village are – to the akim of rural settlement, village, village district with application of established form and with annex of documents, the list of which shall be determined by the central executive body.


2.
Excluded by the Law of the Republic of Kazakhstan dated 16.01.2009 No. 121 (shall be enforced from the date of its first official publication).


3. Applicant shall entail responsibility for credibility of presented information in accordance with the laws of the Republic of Kazakhstan.


4. Right for unconditional cash assistance shall be confirmed quarterly by presenting the necessary documents, the list of which shall be determined by the central executive body.


      Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 12.01.2007 No. 224 (shall be enforced from 01.01.2012) dated 22.07.2011 No. 478-IV (shall be enforced from 01.01.2012); dated 22.07.2011 No. 478-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.01.2012 No. 538-IV (order of performance see Article 2; dated 17.03.2015 No. 293-V (hall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016).

Article 4. Order of prescription of targeted social aid


1. Prescription of targeted social aid shall be carried out by the authorized body within the sums provided by relevant budget on rendering the targeted social aid.


Targeted social aid shall be prescribed to each family member who has the right to receive it.


Family members do not include:


1) persons being on full state social security;


2) persons on compulsory military service;


3) persons in places of deprivation of freedom, on compulsory treatment.


2. Centre of public employment or the akim of a rural settlement, a village, a rural district shall register documents and serve to the applicant the confirmation of admission of documents.


Centre of public employment or the akim of a rural settlement, a village, and a rural district after admission of the documents two business days shall serve them to the divisional commissions for preparation of conclusion.


Akim of a rural settlement, a village, and a rural district in the case of admission of documents from the applicant not later than fifteen business days from the date of receipt shall transfer them with the conclusion of divisional commission to the authorized body.


3. Centre of public employment:


1) provides activities of the district (city) or regional commission for employment issues;


2) monitors the implementation of individual plan activities and assesses the effectiveness of the implementation of the social contract;


3) through social work consultants and assistants, assists recipients of targeted social assistance in implementing an individual plan and fulfilling their obligations under a social contract.


4. In the process of receiving the applicant’s documents shall interview him and (or) members of his family, during which determined:


1) grounds for unconditional or conditional cash assistance;


2) the needs for measures of supporting the employment;


3) measures of social adaptation that include measures for the social rehabilitation of disabled persons defined in Article 21 of the Law of the Republic of Kazakhstan “On Social Protection of Persons with Disabilities in the Republic of Kazakhstan”, special social services provided to persons in difficult life situations, in accordance with the Law of the Republic of Kazakhstan “On Special Social services “, as well as other measures of state support provided in the manner prescribed by the legislation of the Republic of Kazakhstan.


5. In the case when the applicant and (or) his family members shall need in measures supporting the employment and (or) social adaptation, the decision to grant which is beyond the competence of the authorized body, the submitted documents of the applicant shall be send by the centre of public employment to the district (city) or regional commission on employment issues.


The tasks of district (city) and regional commissions on employment issues includes:


coordination of activities of interested bodies and organizations when assigning targeted social aid;


development of recommendations on the provision of measures supporting the employment and social adaptation;


consideration of issues of lump-sum payment of conditional cash assistance;


Monitoring of the implementation of the concluded social contracts.


6. Centre of public employment after admission of the conclusion of divisional commission or documents with the conclusion of divisional commission from akim of a rural settlement, a village, and a rural district to the authorized body as well as, if necessary, the recommendations of the district (city) or regional commission on employment issues, during three business days, shall draw up an individual plan indicating the list of measures supporting the employment and social adaptation of the family (person) and shall conclude a social contract with the applicant.


Forms of a social contract, an individual plan and a standard list of measures supporting the employment and social adaptation of the family (person) shall approved by the central executive body.


7. Centre of public employment, during one business day from the date of the conclusion of the social contract, shall send the applicant’s documents, the draft decision on prescription of targeted social aid and the social contract signed by the parties to the authorized body for on prescription of targeted social aid.


8. The authorized body during three business days from the date of admission of the documents specified in paragraph 6 of this article, shall make decision on prescription of or refusal in prescription of targeted social aid, of which it through the Centre of public employment or akim of a rural settlement, a village, a rural district shall inform the applicant in written form, in case of refusal – with reason.


9. The authorized body has the right to request from the relevant bodies the information necessary for review of documents submitted for prescription of targeted social aid.


10. The social contract with the applicant of conditional cash assistance shall conclude for six months with the possibility of prolonging it additionally up to six months, provided that it is necessary to prolong the social adaptation of family members and (or) the non-completion of vocational training by the able-bodied members of the family, and (or) employment in social workplaces.


When the social contract is prolonged, the amount of conditional cash assistance shall not reconsidered.


11. Unconditional cash assistance shall assign to the current quarter and paid monthly.


Conditional cash assistance shall assign for the duration of the social contract and paid monthly or lump sum for the period established in the social contract.


Sum of a non-recurring payment of conditional cash assistance shall used exclusively for activities related to the fulfillment of obligations under a social contract, the development of a personal subsidiary farm (purchase of livestock, poultry, etc.), the organization of individual entrepreneurial activities (except for the costs of repaying previous loans, acquisition of residential property).


12. Social contract with recipients of conditional cash assistance shall terminated if the low-income person (family) shall not fully fulfill the terms of the social contract and the activities of the individual plan, as well as the submission of false information resulted in an unlawful purpose of assignment of conditional cash assistance.


Termination of the social contract shall be the basis for stopping the payment of conditional cash assistance.


At the same time in cases of primary detection of non-fulfillment of obligations under a social contract, the amount of conditional cash assistance to all family members over eighteen years, except children studying full time in the organizations of secondary, technical and professional, post-secondary education, higher educational institutions, after the attainment of majority until theirs’ educational institutions graduation (but no more than up to twenty-three years) is reduced within a month by fifty percent, with the reappearance of failure to fulfill obligations, the payment of conditional cash assistance ceases, except of minor children, including children in full time education in the organizations of secondary, technical and professional, post-secondary education, higher educational institutions, after the attainment of majority until theirs’ educational institutions graduation (but no more than up to twenty-three years).


13. Applicant and aid receiver have the right to challenge the actions of akim of a rural settlement, a village, and a rural district, centre of public employment and decision of the authorized body and its civil servants in the senior local executive bodies, as well as in a judicial proceeding.


14. Civil servants of the authorized body and centre of public employment shall carry responsibility for correctness of prescription and organization of payment of targeted social aid in accordance with the laws of the Republic of Kazakhstan.


15. The authorized body and centre of public employment shall inform the public through mass media on the order and conditions of provision of targeted social aid.


      Footnote. Article 4 is in the wording of the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).


Article 5. Divisional commission


1. Divisional commissions shall assist the authorized body and the mayors of a rural settlement, a village, a rural district in activity of provision of targeted social aid.


Divisional commissions shall prepare conclusions on financial condition of persons (families) who applied for targeted social aid.


2. Divisional commissions may consist of representatives of the bodies of state administration, public associations, cooperatives of premises (apartments) owners, the public, organizations and the authorized bodies of education, health-care, social protection, officers of law enforcement bodies.


3. Divisional commissions shall carry out their activity in accordance with statues of divisional commissions, agreed upon with local representative bodies and approved by the executive bodies of a region (a city of republican significance, the capital).


Model statutes of divisional commissions shall be established by the central executive body.


4. Divisional commissions within three business days from the date of the receipt of documents from the centre of public employment or the akim of a rural settlement, a village, a rural district shall prepare the conclusion based on submitted documents and (or) results of inspection of the financial condition of the applicant and transfer it to the centre of public employment or the akim of a rural settlement, a village, a rural district.


5. Divisional commissions have a right to request the information necessary for performance of inspection from the relevant bodies.


      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 16.01.2009 No. 121; dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).


Article 6. Calculation of the per capita income


1. Determination of aggregate income of a person (family), who seeks the targeted social aid shall be performed on the ground of the documents submitted with the application for targeted social aid, and information obtained from information systems of state bodies and (or) organizations.


Aggregate income shall include all types of income except the residential and targeted social aid, as well as the measures of state support within participation in active measures of promotion of employment received in money or natural form for a specified period of time.


Local executive bodies of a district (a city of republican significance), taking into consideration the specifics of regions, have the right to determine the livestock, poultry and land lot (land share) as generating no income.


Order of calculation of aggregate income shall be determined by the central executive body.


2. Per capita income shall be calculated by dividing the aggregate income received in the quarter, previous to the quarter of application for prescription of social aid, by the number of family members and by three months.


      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 16.01.2009 No. 121; dated 27.06.2011 No. 444-IV (shall be enforced from 01.01.2012); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).


Article 7. Determination of the amount of targeted social aid


1. The amount of targeted social aid per person (family) shall be calculated by the authorized body as difference between the per capita income and the poverty line established in the region (city of republican significance, capital) per every family member.


2. Receiver of targeted social aid shall inform the authorized body, in the village area – the mayor of a rural settlement, a village, a rural district within ten business days about the circumstances which may be the ground for change of amount of targeted social aid or his/her right for it.


3. In the case of change of family membership and incomes the amount of prescribed targeted social aid shall be recalculated.


Upon untimely informing by the receiver about the cases which have implication on the amount of targeted social aid, the amount of the aid shall be calculated from the moment of the beginning of mentioned circumstances, but not earlier than the date of its prescription, and in the case of reveal of submission by the applicant of inaccurate information which entailed illegal prescription of the targeted social aid, the payment of the targeted social aid to the person (family) shall be stopped for the period of its prescription.


Unduly paid sums are subject to the return in the voluntary order, and in case of refusal – in the judicial proceeding.


4. Prescription and payment of the targeted social aid shall be carried out in accordance with this Law in the order determined by the central executive body.


Rules for the maintenance of information systems and access to the use of information systems and databases in the provision of targeted social aid shall be developed and approved by the central executive body.


      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 16.01.2009 No. 121; dated 27.06.2011 No. 444-IV (shall be enforced from 01.01.2012); dated 29.09.2014 No 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016).


Article 8. Control over the correctness of prescription and payment of targeted social aid


Control over the correctness of prescription and payment of targeted social aid shall be carried out within control for execution of relevant budget.

9. Is excluded by the Law of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005).

Article 10. Order of enforcement of this Law


This Law shall be enforced from 1 January, 2002


The President

of the Republic of Kazakhstan



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