On the State social Disablement Allowances, on the Occasion of Loss of Wage earner and According to Age in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 16 June, 1997 No. 126

      Footnote. Throughout the text after the word “Chapter” the numbers “I – V” are respectively substituted by the numbers “1 – 5” by the Law of the Republic of Kazakhstan dated 20 December, 2004 N 13 (shall be enforced from 1 January, 2005).

      Throughout the text: the words “16 years”, “18 years”, “23 years” are respectively substituted by the words “sixteen years”, “eighteen years”, twenty – three years”;
      the numbers “I”, “II”, “III” are respectively substituted by the words “first”, “second”, “third” by the Law of the Republic of Kazakhstan dated 31 December, 2004 No. 28 (shall be enforced from 1 January 2005).

Chapter 1. General provisions

Article 1. Right of citizens to the state social allowances

      1. The citizens of the Republic of Kazakhstan shall have a right to get the state social disablement allowances, on the occasion of loss of wage earner and according to age on the grounds and in the manner provided by this Law and other regulatory legal acts of the Republic of Kazakhstan adopted in accordance with them.
      2. Foreigners and persons without citizenship, permanently residing in the Republic of Kazakhstan shall use the right to the state social allowances together with the citizens of the Republic of Kazakhstan.
      3. To the persons, having simultaneously the right to the different state social allowances shall be assigned one allowance of their choice.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 16 November, 1999 No. 482 (shall be enforced from 1 January, 2000); dated 15 December, 2005 No. 101 (shall be enforced from 1 January, 2006); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 1-1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:
      1) subdivision of medical and social assessment (hereinafter – subdivision MSA) – structural subdivision of the authorized state body, carrying out medical and social assessment;
      2) state basic social allowances (hereinafter – allowances) – monthly monetary payments, carrying out at the expense of budget funds, providing to the citizens upon occurrence of disability, loss of wage earner and according to age;
      3) central executive body –
      state body, carrying out management, as well as within the limits provided by the legislation of the republic of Kazakhstan, cross-sector coordination in the scope of social protection of population;
      4) authorized state body – territorial subdivision of the state body, carrying out implementation of the state policy in the scope of social protection of population;
      5) authorized organization (hereinafter – Center) – republican state treasury enterprise, created by the decision of the Government of the Republic of Kazakhstan.
      Footnote. Is supplemented by Article 1-1 by the Law of the republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); is in the wording of the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Funds for the payment of allowances

      Payment of allowances in accordance with this Law shall be carried out at the expense of budget funds.
      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from, 1 January, 2005).

Article 3. Procedure of assignment of allowances

      1. Application for assignment of allowances may be carried out in any time after occurrence of a right to allowance without restriction of any term.
      2. Application on assignment of disablement allowances with annex of documents, the list of which shall be determined by the central executive body, filed according to place of residence (hereinafter – Service Center of Population), if disability is established to the person at the date of application.
      Note of RCLI!
      The second item of paragraph 2 is provided by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced from 01.01.2016).
      Application for assignment of allowances on the occasion of loss of wage earner and according to age shall be filed to the Center or SCP according to place of residence of person, having a right to allowance, with annex of documents, the list of which shall be determined by the central executive body. A person shall have a right to apply through the web portal of “electronic government” for assignment of allowance according to age.
      3. Assignment of allowance to the citizens shall be executed by the authorized state body in the manner, determined by the central executive body.
      4. The day of application for assignment of allowance shall be considered the day of registration of application with all necessary documents in the body or organization, specified in paragraph 2 of this Article.
      In the case of refusal in assignment of allowance, an authorized state body shall be obliged to motivate the reasons of refusal in written form and return the documents to the applicant.
      5. Decision of authorized state body may be appealed in a judicial procedure.
      Footnote. Article 3 is in the wording of the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 4. Change - over from one type of allowance to another

      On the ground of application of person, drawing an allowance shall be executed change – over from one type of allowance to another from the date of registration of application in the Center with all necessary documents in the manner, determined by the central executive body.
      Footnote. Article 4 is in the wording of the Law of the republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. The terms of assignment of allowances

      1. Allowances according to age shall be assigned from the date of application for assignment of allowance.
      1-1. The term of assignment of allowance does not exceed eight days from the date of registration of application with all necessary documents in the Center.
      2. Disablement allowances shall be assigned from the date of establishment of disability, but not more than 3 months from the date of application for its assignment.
      3. Allowances on the occasion of loss of wage earner shall be assigned from the date of occurrence of a right to allowance, but not more than 12 months before application for assignment of allowance with all necessary documents.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 6. Procedure of payment of allowances

      1. Payment of allowances shall be executed for the current month. In the case of death of recipient of allowances, the allowances shall be paid including the month of death.
      2. Accessed amount of allowances, expendable by the recipient in a timely manner shall be paid for the last time, but not more than 3 years before application for their receipt.
      3. The amount of allowances, not received in a timely manner due to a fault of the authorized state body, Center, Service Center of Population shall be paid simultaneously for the last time without limitation of terms.
      3-1. In the case of death of recipient of the state social allowances, one-time payment for burial in the amount of 15,7 monthly calculation index shall be paid to the members of family of person, performed the burial.
      4. Payment of allowances shall be carried out in the manner established by the central executive body.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 05.04.1999 No. 366 (shall be enforced from 01.01.1999); dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 04.07.2006 No. 148 (the order of enforcement see Article 2); dated 31.03.2014 No. 180-V (shall be enforced from 01.04.2014); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2015No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Deductions from allowances

      1. Deductions from allowances may be executed according to the procedure of the execution proceedings.
      2. Deduction from allowance shall be executed from the amount due and owing to be paid.
      3. More than 25 percent of the amount due and owing to be paid may not be deducted from the allowance.
      4. Unnecessary paid in the form of allowances due to a fault of bodies, assigned and paid allowances shall not be subject to deduction.

Chapter 2. Disablement allowances

Article 8. Conditions of assignment of allowance

      1. Disablement allowances shall be assigned in the case of occurrence of disability, irrespective of whether the work was terminated at the time of application for allowance or continued.
      2. Disablement allowances shall be assigned irrespective of when the disability occurred – in the period of work or service, before enter the workplace or after termination of work.
      3. Payment of disablement allowance upon assignment of pension payments to the disabled person shall be terminated or reviewed in recognition of the amount of received pension payments from the Center in accordance with paragraph 5 of Article 12 of this Law.
      4. Recertification of disabled persons, reached the age that granting the right to receive pension payments shall be executed only at their application.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 21.06.2013 No. 106-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).

Article 9. Disability groups

      Disability shall be subdivided into three groups depending on degree of restriction of life activity, as well as labour ability.
      Reasons, disability groups, as well as time of the onset of disability shall be established by the subdivision of medical and social assessment.
      Rules of conducting of medical and social assessment shall be developed and approved by the central executive body.
      Footnote. Article 9 is in the wording of the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. The term of assignment of disablement allowances

      1. Disablement allowances shall be assigned for the whole period of disability, established by the subdivision medical and social assessment.
      2. In the case of change of group of disability the payment of allowance in the new amount shall be carried out from the date of change of group of disability.
      In the case of recognition of recertificated as capable to work, the allowance shall be paid until the day of recognition as capable to work.
      3. If the disabled person did not appear in the subdivision of medical and social assessment for recertification in the term that assigned for that, the payment of allowance to him (her) shall be suspended, and in the case of recognition him (her) as disabled person once again – recommenced from the date of suspension, but not more than one month, if subdivision of medical and social assessment recognizes him (her) for this period as disabled person.
      Upon omission of the term of recertification for a valid reason, payment of allowance shall be executed from the date of suspension of payment until the day of recertification, but not more than three years, if subdivision of medical and social assessment recognizes him (her) for this period as disabled person. Upon that, if during recertification the disabled person was transferred to another disability group (higher or lower), the allowance for the specified time shall be paid on the former group.
      Footnote. Article 10 is in the wording of the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Categories of disabled persons, having a right
to disablement allowance

      Disabled person, having a right to disablement allowance are:
      1) disabled persons from general illness, labour injure, occupational illness, disabled children up to the age of sixteen;
      1-1) disabled persons from childhood, disabled children from sixteen to eighteen years - first, second, third groups;
      2) disabled persons from the number of compulsory-duty servicemen, who became disabled due to injury, contusion, maim, disease, obtained during military service, persons, who became disabled upon rectification of the consequences of accidents at nuclear facilities of civil or military-oriented or in the result of emergency situations at nuclear facilities;
      3) disabled persons from the number of military servicemen (except compulsory-duty servicemen), officers of special state bodies, senior and private officers of internal affairs body and former State Investigation Committee of the Republic of Kazakhstan upon occurrence of disability due to injure, sustained in the result of accident, not related with performance of duties of military service, service in the special state bodies (official duties), or diseases, not related with performance of military and service duties;
      4) disabled persons from the number of military servicemen (except compulsory-duty servicemen), officers of special state bodies, who became disabled due to injury, contusion, maim, disease, obtained during military service, service in the special state bodies, officers of internal affairs bodies and former State Investigation Committee of the Republic of Kazakhstan upon performance of official duties;
      5) disabled persons due to environmental emergency situations, as well as due to radiative effect upon conducting of nuclear explosions and tests and/or their consequences upon condition of establishment of cause and effect relationship.
      Footnote. Article 11 as amended by the Laws of the republic of Kazakhstan dated 16 November, 1999 No. 482 (shall be enforced from1 January, 2000); dated 21 March, 2002 No. 308 (shall be enforced from 1 January, 2002); dated 31 December, 2004 No. 28 (shall be enforced from 1 January, 2005); dated 22 May, 2007 No. 255 (shall be enforced from the date of its official publication); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Amounts of disablement allowances

      1. Monthly disablement allowances shall be assigned to the disabled persons, specified in subparagraphs 1), 1-1) and 3) of Article 11 of this Law in the following amounts:
      1) from 1 April, 2014:
      disabled persons of first group – 1,42 minimum living wage, established by the Law on republican budget on the relevant financial year (hereinafter – minimum living wage);
      disabled persons of second group – 1,11 minimum living wage;
      disabled persons of third group – 0,78 minimum living wage;
      disabled children up to sixteen years – 1,05 minimum living wage;
      disabled persons from childhood of first group – 1,42 minimum living wage;
      disabled persons from childhood of second group – 1,16 minimum living wage;
      disabled persons from childhood of third group – 0,91 minimum living wage;
      disabled children from sixteen to eighteen years of first group - 1,42 minimum living wage;
      disabled children from sixteen to eighteen years of second group - 1,16 minimum living wage;
      disabled children from sixteen to eighteen years of third group - 0,91 minimum living wage;
      2) from 1 July, 2014:
      disabled persons of first group – 1,78 minimum living wage
      disabled persons of second group – 1,39 minimum living wage;
      disabled persons of third group – 0,98 minimum living wage;
      disabled children up to sixteen years – 1,31 minimum living wage;
      disabled persons from childhood of first group – 1,78 minimum living wage;
      disabled persons from childhood of second group – 1,45 minimum living wage;
      disabled persons from childhood of third group – 1,14 minimum living wage;
      disabled children from sixteen to eighteen years of first group - 1,78 minimum living wage;
      disabled children from sixteen to eighteen years of second group - 1,45 minimum living wage;
      disabled children from sixteen to eighteen years of third group – 1,14 minimum living wage;
      2. Monthly disablement allowances shall be assigned to the disabled persons, specified in subparagraphs 2) and 5) of Article 11 of this Law in the following amounts:
      1) from 1 April, 2014:
      disabled persons of first group – 1,69 minimum living wage
      disabled persons of second group – 1,36 minimum living wage;
      disabled persons of third group – 1,05 minimum living wage;
      2) from 1 July, 2015:
      disabled persons of first group – 2,11 minimum living wage
      disabled persons of second group – 1,70 minimum living wage;
      disabled persons of third group – 1,31 minimum living wage;
      3. Monthly disablement allowances shall be assigned to the disabled persons, specified in subparagraphs 4) of Article 11 of this Law in the following amounts:
      1) from 1 April, 2014:
      disabled persons of first group – 2,19 minimum living wage
      disabled persons of second group – 1,56 minimum living wage;
      disabled persons of third group – 1,05 minimum living wage;
      2) from 1 July, 2015:
      disabled persons of first group – 2,74 minimum living wage
      disabled persons of second group – 1,95 minimum living wage;
      disabled persons of third group – 1,31 minimum living wage;
      4. Monthly disablement allowances shall be paid in full measure to the employed recipient of allowances.
      5. If the amount of pension payments from the Center is less than the amount of monthly disablement allowance, established for the relevant category of disabled persons, the payment of monthly disablement allowance shall be executed in the form of relevant additional payments to the pension payments from the Center to the amount of monthly disablement allowances, established for this category of disabled persons.
      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 31.03.2014 No. 180-V (shall be enforced from 01.04.2014).

Chapter 3. Allowances on the occasion of loss
of wage earner

Article 13. Conditions of assignment of allowance

      1. Unemployable members of the family of deceased wage earner, being in his (her) dependence shall have a right to allowance on the occasion of loss of wage earner. Upon that the allowances shall be assigned to the children and persons, specified in subparagraph 3) of paragraph 2 of this Article, irrespective of whether they were on the dependence of wage earner.
      2. Unemployable members of the family are:
      1) children (as well as adopted, stepsons and stepdaughters), brothers, sisters and grandchildren, not reached the age of eighteen and over that age if they became disabled before reaching the age of eighteen, upon that brothers, sisters and grandchildren – upon condition, if they does not have employable parents, stepsons and stepdaughters - if they do not receive alimony from their parents.
      The minors, having a right to allowance on the occasion of loss of wage earner shall also reserve this right upon their adoption;
      2) father, mother (as well as adoptive persons), wife, husband, if they reached retirement in accordance with the legislation on retirement insurance;
      3) one of the parents or spouse, or grandfather, grandmother, brother or sister, independent from the age and employability, if he (she) is busy looking after the children, brothers, sisters or grandchildren of deceased wage earner, not reached the age of 8, and does not work;
      4) grandfather and grandmother, if they reached retirement in accordance with the legislation on pension insurance, and in the absence of persons, who are required by the Law to maintain them, and not having other sources of the means of subsistence.
      3. Educated citizens over eighteen years shall have a right to allowance on the occasion of loss of wage earner until termination of graduation of full-time in the system of general secondary, technical and vocational, post-secondary education, in the system of higher education within the extent, not exceeding twenty-three children.
      4. Members of family of deceased shall be considered on his (her) dependence, if they were in his (her) full support or received assistance, which was for them a permanent and main source of sustenance.
      5. Allowances, assigned to the children, who have lost both parents (full orphans) shall be paid to their legal representatives.
      6. All the rules of this Law, relating to the families of dead, shall be respectively distributed to the families of missing or declared dead, if these facts are established in a judicial procedure.
      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 16.11.1999 No. 482 (shall be enforced from 1 January, 2000); dated 27.07.2007 No. 320 (the order of enforcement see Article 2); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Period for which allowance is assigned

      Allowance on the occasion of loss of wage earner shall be established for the whole period during of which the member of family of dead is considered as unemployable, according to Article 13 of this Law, and members of family, reached the age which gives the right to receive the pension payments in accordance with the Law of the Republic of Kazakhstan “On retirement insurance in the Republic of Kazakhstan”, - for the life term.

Article 15. Assignment of one allowance for the whole family

      1. One common allowance shall be assigned to all family members, having a right to allowance on the occasion of loss of wage earner.
      2. At the request of family member, his (her) share of allowance shall be allocated and paid him (her) separately.
      3. Allocation of share of allowance shall be executed from the date of application for its allocation.
      4. Upon change of number of family members, provided by allowance on the occasion of loss of wage earner, the amount of allowance is respectively increased or decreased by the number of family members, having a right to allowance.
      5. The same revision of the amount of the allowance shall be established in the cases, when the payment of allowance to one of family members is suspended or recommenced on passing over the circumstances that caused the suspension of payment of the allowance.

Article 16. The amount of allowances on the occasion of
loss of wage earner

      1. Maximum amount of the monthly allowance on the occasion of loss of wage earner shall be assigned:
      1) from 1 April, 2014 in the amount 1,69 minimum living wage for all unemployable members of his (her) family;
      2) from 1 July, 2015 in the amount 2,11 minimum living wage for all unemployable members of his (her) family.
      2. Monthly allowance on the occasion of loss of wage earner shall be assigned:
      1) from 1 April, 2014:
      in the existence of one unemployable member of family in the amount 0,69 minimum living wage;
      in the existence of two – 1,19 minimum living wage for all unemployable family members;
      in the existence of three – 1,48 minimum living wage for all unemployable family members;
      in the existence of four – 1,57 minimum living wage for all unemployable family members;
      in the existence of five – 1,62 minimum living wage for all unemployable family members.
      In the existence of six and more unemployable family members, the amount of allowance shall be calculated for every as equal share from 1,69 minimum living wage;
      2) from 1 July, 2015:
      in the existence of one unemployable member of family in the amount 0,86 minimum living wage;
      in the existence of two – 1,49 minimum living wage for all unemployable family members;
      in the existence of three – 1,85 minimum living wage for all unemployable family members;
      in the existence of four – 1,96 minimum living wage for all unemployable family members;
      in the existence of five – 2,03 minimum living wage for all unemployable family members.
      In the existence of six and more unemployable family members, the amount of allowance shall be calculated for every as equal share from 2,11 minimum living wage;
      3. In the case of loss of both parents, the monthly allowance on the occasion of loss of wage earner shall be assigned to the orphaned children:
      1) from 1 April, 2014 – in the amount 0,94 minimum living wage for each child, other unemployable family members – in the amount 0,43 minimum living wage, but not more 2,05 minimum living wage for all unemployable family members;
      2) from 1 July, 2015 – in the amount 1,18 minimum living wage for each child, other unemployable family members – in the amount 0,54 minimum living wage, but not more 2,56 minimum living wage for all unemployable family members.
      4. The amount of monthly allowance shall be increased by 0,25 minimum living wage for each unemployable family member for family members of military servicemen, officers of special state bodies, internal affairs bodies and former State Investigation Committee of the Republic of Kazakhstan killed or dead due to injure, contusion, maim, disease, obtained during performance of official duties or military service, service in the special state bodies, but not more than:
      1) from 1 April, 2014 – 2,05 minimum living wage for all family members;
      2) from 1 July, 2015 – 2,56 minimum living wage for all family members.
      5. If the amount of pension payments from the Center, received by unemployable family member is less than received monthly allowance on the occasion of loss of wage earner, the payment of monthly allowance on the occasion of loss of wage earner shall be executed in the form of relevant additional payments to the pension payments from the Center to the amount of monthly allowance on the occasion of loss of wage earner, established for these unemployable family members.
      Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 31.03.2014 No. 180-V (shall be enforced from 01.04.2014).

Chapter 4. Allowances according to age

Article 17. Conditions of assignment of allowances

      Allowances according to age shall be assigned to the citizens in the absence of the right to pension payments from the Center, unified Pension Savings Fund and voluntary Pension Savings Funds upon the attainment of the age, established by the Law of the Republic of Kazakhstan “On retirement insurance in the Republic of Kazakhstan”.
      Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 21.06.2013 No. 106-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. The amount of social allowance according to age

      Monthly allowance according to age shall be assigned in the amount 0,52 minimum living wage.
      Footnote. Article 18 is in the wording of the Law of the Republic of Kazakhstan dated 31.03.2014 No. 180-V (shall be enforced from 01.04.2014).

Chapter 5. Final and transitional provisions

Article 19. International treaties

      If by the international treaty, ratified by the Republic of Kazakhstan, made other rules than those that contained in this Law, the rules of the international treaty shall be applied.

Article 20. The state guarantees

      1. The state social disablement allowances on the occasion of loss of wage earner and according to age shall be paid from 1 January, 1998 at the expense of budget funds in the amount not less than the amounts of pensions, actually receive until 1 January, 1998, to the persons, to whom the social pensions, disablement pensions and on the occasion of wage earner were assigned on the current legislation until 1 January, 1998.
      2. Payment of these allowances shall be carried out in the manner established by this Law.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 20 December, 2004 No. 13 (shall be enforced from 1 January, 2005).

Article 21. Responsibility for violation of the legislation on
the state social disablement allowances, on the occasion of
loss of wage earner and according to age in the
Republic of Kazakhstan

      Responsibility for violation of the legislation on the state social disablement allowances, on the occasion of loss of wage earner and according to age in the Republic of Kazakhstan shall be established in accordance with the legislation of the Republic of Kazakhstan.

Article 22. The procedure of entry into legal force of this Law

      This Law shall enter into legal force from 1 January, 1998.

      The President
      of the Republic of Kazakhstan