On state targeted social aid

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) social contract – agreement between individuals from among the unemployed, self-employed and low-income citizens of the Republic of Kazakhstan participating in the state measures of the promotion of employment and public employment center, which determine rights and obligations of the parts;
      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;
      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 – a state institution created by the local executive body in a district, a city of oblast significance, the capital for the purpose of implementation of active measures of promotion of employment.
      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).

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.
      2. Targeted social aid shall not be prescribed to:
      1) unemployed persons not registered in the authorized bodies on questions of employment and employable citizens of the Republic of Kazakhstan, who in written abandoned from participation in the active measures of supporting the employment, except disabled persons and persons who have been on hospital treatment for more than one month, pupils, students, hearers, cadets and full-time graduate students, as well as citizens engaged in nursing the disabled of I and II group, as well as seniors older than eighty years, children at the age of up to seven years;
      2) unemployed persons who without reasonable excuses declined offered employment by the authorized bodies including social work place or public work, from professional training, retraining, skill improvement, arbitrarily stopped participation in such works and education.
      Targeted social aid to an unemployed person shall be resumed from the date of his (her) employment, including that at the social work place or public work, referral to professional training, retraining skill improvement and to the employable citizens of the Republic of Kazakhstan - from the date of participation in active measures of promotion of employment.
      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).

Article 3. Application for prescription of targeted social aid

      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 authorized body in the area of his/her residence, in a village are - to the mayor of rural settlement, village, village district with application of established form with specification of individual identification number.
      Application shall be accompanied by the following documents:
      1) information on family members;
      2) information on received incomes of the person (members of applicant’s family);
      3) information on ownership of personal subsidiary holding;
      4) copies of a social contract in case of participation in active measures of promotion of employment;
      5) copies of a document confirming the registration of applicant’s registration in the place of residence (family members).
      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 of social aid shall be confirmed by presenting the documents about incomes on a quarterly basis.
      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.

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.
      2. Authorized body or the mayor of a rural settlement, a village, a rural district shall register documents and serve to the applicant the confirmation of admission of documents.
      The authorized body or the mayor of a rural settlement, a village, a rural district after admission of the documents three business days shall serve them to the divisional commissions for preparation of conclusion.
      The mayor of a rural settlement, a village, 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. The authorized body during seven business days from the date of admission of the documents from the applicant or the mayor of a rural settlement, a village, a rural district on the grounds of admitted documents and the conclusion of a divisional commission shall make decision on prescription of or refusal in prescription of targeted social aid, of which it shall inform the applicant in written form, in case of refusal – with reason.
      4. Excluded by the Law of the Republic of Kazakhstan dated 16.01.2009 No. 121 (shall be enforced from its first official publication).
      5. 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.
      6. Targeted social aid shall be prescribed to each family member who have the right to receive it.
      Family members do not include:
      1) children being on full state social security;
      2) the seniors and the invalid persons who permanently live in care homes;
      3) persons on compulsory military service;
      4) persons in places of deprivation of freedom, on compulsory treatment.
      Targeted social aid shall be prescribed for the current quarter and shall be paid on a monthly basis.
      7. Applicant and aid receiver have the right to challenge the actions of mayors of a rural settlement, a village, a rural district and decision of the authorized body and its civil servants in the senior local executive bodies, as well as in a judicial proceeding.
      8. Civil servants of the authorized body 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.
      9. The authorized body shall inform the public through mass media on the order and conditions of provision of targeted social aid.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 22.05.2007 No. 255; dated 06.01.2009 No. 121; dated 27.06.2011 No. 444-IV (shall be enforced from 01.01.2012).

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 the necessity of provision of the targeted social aid or its absence.
      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 five business days from the date of the receipt of documents from the authorized body or the mayor 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 authorized body or to the mayor 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).

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.
      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).

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.
      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).

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.

Article 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