Unofficial translation

      This Law of the Republic of Kazakhstan regulates the relations in the field of public welfare of citizens, eligible to receive special state benefits.

Chapter 1. General provisions

Article 1. Basic concepts, used in this Law

      The following basic concepts are used in this Law:

      1) special state benefit (hereinafter referred to as the benefit) - monetary payment, including electronic money, to citizens entitled to benefit, provided regardless of other types of benefits;

      1-1) a caregiver - an individual who directly cares for a person with a disability of the first group, regardless of family ties with him/her;

      2) subdivision of medical and social expertise (hereinafter – subdivision of MSE) - a structural subdivision of the authorized state body, conducting medical and social expertise;

      3) the central executive body - a state body, carrying out management, and also inter-sectoral coordination in the field of social protection of population within the limits, provided by the legislation of the Republic of Kazakhstan;

      4) the authorized state body – a territorial subdivision of the state body, implementing the state policy in the field of social protection of population;

      5) The State Corporation "Government for Citizens" (hereinafter – the State сorporation) – a legal entity created by the decision of the Government of the Republic of Kazakhstan for provision of state services, services on issuance of technical conditions for connection to networks of subjects of natural monopolies and services of subjects of quasi-public sector in accordance with the legislation of the Republic of Kazakhstan, organization of work on acceptance of applications for provision of state services, services on issuance of technical conditions for connection to networks of subjects of natural monopolies, services of subjects of quasi-public sector and issuance of their results to a service recipient on the principle of "a single window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to immovable property at the place of its location.

Article 2. Funds for the payment of benefits

      The payment of benefits in accordance with this Law shall be financed from the state budget.

Article 3. The right of citizens to benefit

      1. Citizens of the Republic of Kazakhstan shall have the right to receive benefits in the manner prescribed by this Law and the other regulatory legal acts of the Republic of Kazakhstan, adopted in accordance with it.

      2. Foreigners and stateless persons, permanently residing in the Republic of Kazakhstan are entitled to benefits equally with the citizens of the Republic of Kazakhstan.

      3. The benefit shall be included in the state social security system and represent monthly payments of money, including electronic money to electronic money wallets, to citizens entitled to receive them.

      4. To the persons who are simultaneously entitled to receive benefits on several grounds, provided for in paragraph 1 of Article 4 of this Law, the benefit shall be paid only based on their choice.

Article 3-1. Competence of the central executive body

      The central executive body shall:

      1) determine the order of assignment, payment and list of documents necessary for the assignment of benefits;

      1-1) approve the list of cities and periods of warfare, with the participation in which citizens of the Republic of Kazakhstan are granted benefits;

      1-2) approve the list of periods of conducting warfare on the territory of other states, with the participation in which citizens of the Republic of Kazakhstan are granted benefits;

      1-3) approve the list of states, territories, and periods of warfare, with the participation in which citizens of the Republic of Kazakhstan are granted benefits;

      1-4) approve the list of medals of the former USSR classified as awards for selfless work and impeccable military service in the rear during the Great Patriotic War, upon awarding which a benefit is assigned;

      2) determine the list, forms and terms for submission of financial and other reports by the State Corporation;

      3) carry out an audit of the activity of the State Corporation within the competence;

      4) develop and approve the rules for the maintenance of information systems in the field of social security for the citizens entitled to benefits;

      5) develop and approve the rules for the access to information systems and databases in the field of social security for the citizens entitled to benefits;

      6) exercise other powers, stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 3-2. Competence of the State Corporation

      The State Corporation shall:

      1) carry out acceptance and verification of the completeness of documents for their transfer to the authorized state body;

      2) interact with the authorized state body on the issues of documents acceptance, formation of mock-ups of cases for the assignment, suspension, termination, renewal and recalculation of benefits;

      3) ensure timely payment of benefits to the recipients;

      4) fill in and update information systems in the field of social security of citizens entitled to receive benefits;

      5) form the predicted data on calculation of the need for payment of benefits;

      6) form the monthly need for payments and schedules of benefits and send applications for the need of funds for the payment of benefits to the central executive body;

      7) provide information from information systems in the field of social security for the citizens entitled to benefits to an authorized state body and the central executive body.

Article 4. Citizens, entitled to benefits

      1. The list of citizens entitled to receive benefits, based on the list of benefits determined by the legislative acts of the Republic of Kazakhstan, shall include:

      1) veterans of the Great Patriotic War;

      1-1) veterans of military operations on the territory of other states;

      1-2) persons equated in terms of benefits to the participants of the Great Patriotic War, whose status is determined by subparagraph 1) of Article 6 of the Law of the Republic of Kazakhstan "On Veterans";

      1-3) persons equated in benefits to the persons with disabilities due to injury, concussion, damage or disease received during the Great Patriotic War, whose status is determined by subparagraph 2) of Article 6 of the Law of the Republic of Kazakhstan "On Veterans";

      2) parents, and not remarried widows of soldiers, killed (dead, missing) in Great Patriotic War;

      3) families of military personnel, employees of special state bodies who died (missing) or died as a result of injury, concussion, damage, disease received during the period of warfare in Afghanistan or in other states in which warfare were conducted; families of military personnel, employees of special state bodies who died (deceased) during military service, service in special state bodies in peacetime, families of employees of internal affairs bodies who died in the line of duty; families of those who died during the liquidation of consequences of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civilian or military facilities; families of those who died as a result of radiation sickness or those with disabilities, as well as citizens whose death, in accordance with the established procedure, is associated with the impact of the Chernobyl disaster and other radiation disasters and accidents at civilian or military facilities and nuclear tests;

      4) not remarried wife (husband) of a deceased person with a disability due to injury, concussion, damage, or disease received during the Great Patriotic War, or a person equated in benefits to the persons with a disability due to injury, concussion, damage or disease, received during the Great Patriotic War, as well as the spouse of a deceased participant in the Great Patriotic War, a partisan, an underground worker, a citizen awarded the medal "For the Defense of Leningrad" or the badge "Inhabitant of besieged Leningrad", recognized as persons with disabilities as a result of a general illness, labor injury, and other reasons (except for illegal ones);

      4-1) Heroes of the Soviet Union, Heroes of Socialist Labour, Knights of the Order of Glory of three degrees, Labour Glory of three degrees, persons awarded the honorary title “Kazakstannyn garyshker – ushkyshy”;

      4-2) the persons awarded the title of "Khalyk kaharmany";

      4-3) the persons awarded the title of "Kazakhstan Yesbek Eri";

      5) persons, awarded orders and medals of the former Soviet Union for their selfless hard work and impeccable military service in the home front during the Great Patriotic War, as well as those, who have worked (have served) at least six months from 22 June 1941 to 9 May 1945 and not awarded with orders and medals of the former Soviet Union for their selfless hard work and impeccable military service in the home front during Great Patriotic War;

      6) a person who is among from the liquidators of the Chernobyl nuclear disaster in 1988-1989, evacuated (who left on their own) from the exclusion and resettlement zones in the Republic of Kazakhstan, including children, who were on the day of the evacuation in utero;

      7) persons with disabilities of the first, second, and third groups who are assigned pension payments by age or pension payments for long service, with the exception of those receiving an additional payment to pension payments by age up to the amount of a monthly disability allowance, provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan " On state social benefits for disability and in the event of loss of a breadwinner in the Republic of Kazakhstan”, as well as persons with disabilities of the first, second, and third groups living in the city of Baikonyr, subject to receipt of a disability pension in accordance with the legislation of the Russian Federation;

      8) children with disabilities up to seven years old, living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

      8-1) children with disabilities from seven to eighteen years of the first, second, and third groups living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

      11) victims of political repressions, victims of political repression, having a disability or those, who are retired;

      12) persons, who are assigned to pensions for special merits to the Republic of Kazakhstan.

      2. The carer shall be entitled to the benefit.

Chapter 2. Procedure for allocation and payment of benefits

Article 5. Procedure for allocation of benefits

      1. Applying for allocation of benefits can take place at any time after the occurrence of the right to benefits without limitation of any period.

      2. An application for granting a benefit shall be submitted to the State Corporation with attachments of documents, the list of which shall be determined by the central executive body.

      A person with a disability of the first group shall have the right to apply for a benefit to a caregiver, as well:

      through the web portal of "electronic government";

      to the Medical and social expertise subdivision at the place of residence during the initial determination of disability of the first group.

      2-1. Documents, confirming work experience, are labour book or other documents, containing information about working from June 22, 1941 to May 9, 1945.

      In the absence of the documents, specified in subparagraph 5) of Article 4 of this Law, confirming the fact of work from June 22, 1941 to May 9, 1945, the work experience shall be established by special commissions, created in the manner, established by the central executive body.

      2-2. The term for assigning benefits does not exceed eight working days from the date of registration of the application with all necessary documents at the State Corporation-, and in the case provided for by part two of paragraph 9 of this Article, from the date of confirmation of information about a person with a disability of the first group or the caregiver by the information systems of state bodies and (or) organizations.

      2-3. The benefit for a caregiver shall be assigned and paid from the date of application of a person with a disability of the first group for the entire period of establishment of the first group of disability.

      5. The amount of the benefit shall be revised in connection with a change in the monthly calculation index or the subsistence minimum, established for the corresponding financial year by the law on the republican budget.

      7. Procedure for allocating benefits shall be approved by the central executive body.

      8. Submission of an application for the appointment of benefits to persons awarded the title "Halyk kaharmany", to persons awarded the title of "Kazakhstannyn Enbek Еrі", a carer shall not be required when assigning benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan "On Public Services".

      9. When state bodies and (or) organizations submit electronic documents confirming the absence in information systems of information about a person with a disability of the first group or about a person providing care, for assigning benefits to a person providing care, the State Corporation that made the request shall notify the person with disability of the first group on the need to submit original documents to bring the information about a person with a disability of the first group or a person providing care into information systems in the manner and within the time limits determined by the authorized body in the field of informatization.

      When information systems confirm, in accordance with the established procedure, the existence of previously missing information about a person with a disability of the first group or about a person providing care, the day of granting the benefit to the person providing care shall be considered the day the person with a disability of the first group applied for the assignment of the allowance to the State Corporation.

Article 6. Procedure for payment of benefits

      1. The procedure for payment of benefits shall be approved by the central executive body.

      2. Payment of benefit shall be made for the current month and for the period of compliance with the conditions under which the benefit is assigned from the date of accrual of the right to receive it. In case of death of the benefit recipient, the benefit shall be paid for the month of death inclusive, and in case of departure of the benefit recipient for permanent residence outside the Republic of Kazakhstan – for the month of departure inclusive.

      In the event of the death of a person with a disability of the first group, the benefit shall be paid to the caregiver by the month of death inclusive, and in the event of a person with a disability of the first group or a caregiver leaving for a permanent place of residence in another settlement or outside the Republic of Kazakhstan - according to the month of departure inclusive.

      3. In case of change of a disability group, the payment of benefit shall be made in the amount, prescribed by the legislation for a corresponding group of disability, from the moment of the right to receive benefits in the new amount.

      4. If a person with a disability did not appear at the MSE subdivision for re-examination within the period established by the legislation of the Republic of Kazakhstan, then the payment of benefits to him/her shall be suspended until he/she is again recognized as a person with a disability.

      If the re-examination period is missed for a good reason, the payment of benefits shall be made from the date of suspension of payment until the day of re-examination, but not more than six months in advance, if the MSE division recognizes him/her as a person with a disability for this period. Moreover, if during the re-examination a person with a disability is transferred to another disability group (higher or lower), then the allowance for the specified time shall be paid according to the previous group.

      5. If two or more persons entitled to receive benefits are living together, the benefit shall be allocated and paid to each of them.

      6. In the case of two or more persons with a disability of the first group living in a family, the benefit for a caregiver shall be assigned and paid for each of them.

      7. In the case of caring for a person with a disability of the first group by several persons, the benefit to the caregiver shall be assigned and paid to one of these persons.

      8. A person with a disability of the first group and a caregiver must live in the same locality.

Article 7. Size of benefits

      The benefit shall be established for citizens who are entitled to receive benefits, based on the list of benefits determined by legislative acts of the Republic of Kazakhstan.

      The benefit shall be paid taking into account the change in the size of the monthly calculation index or the subsistence minimum established for the corresponding financial year by the law on the republican budget.

      The allowance shall be allocated in the following sizes:

      1) veterans of the Great Patriotic War - 16.0 monthly calculation indexes;

      2) veterans of military operations on the territory of other states, listed in subparagraphs 1), 2), 3), 4) and 5) of Article 5 of the Law of the Republic of Kazakhstan "On Veterans", - 6.19 monthly calculation indexes;

      2-1) veterans of military operations on the territory of other states, listed in subparagraphs 6), 7) and 8) of Article 5 of the Law of the Republic of Kazakhstan "On Veterans", - 4.8 monthly calculation indexes;

      3) persons equated in benefits to the participants of the Great Patriotic War - 6.19 monthly calculation indexes;

      4) persons equated in benefits to the persons with disabilities due to injury, concussion, damage, or illness received during the Great Patriotic War - 7.55 monthly calculation indices;

      5) the widows of soldiers, killed (dead, missing) in the Great Patriotic War, that do not remarry - 4.48 monthly calculation indices;

      6) families of military personnel, employees of special state bodies who died (missing) or died as a result of injury, concussion, damage, illness received during the period of warfare in Afghanistan or in other states in which warfare were conducted; families of military personnel, employees of special state bodies who died (deceased) during military service, service in special state bodies in peacetime; families of employees of internal affairs bodies who died in the line of duty; families of those who died during the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civilian or military facilities; families of those who died as a result of radiation sickness or those with disabilities, as well as citizens whose death with the established procedure is 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 - 4.59 monthly calculation index;

      7) the wife (husband) of a deceased person with a disability due to injury, concussion, damage, or disease received during the Great Patriotic War, or a person equated in benefits to the persons with a disability due to injury, concussion, damage, or disease received during the Great Patriotic War, as well as the wife (husband) of a deceased participant in the Great Patriotic War, a partisan, an underground worker, a citizen awarded the medal "For the Defense of Leningrad" or the badge "Inhabitant of besieged Leningrad", recognized as persons with disabilities as a result of a general illness, labor injury and other reasons (with the exception of unlawful ones) who have not remarried - 2.56 monthly calculation indices;

      8) Heroes of the Soviet Union, Knights of the Order of Glory of three degrees, persons awarded the honorary title “Kazakstannyn garyshker – ushkyshy - 138.63 monthly calculation indices;

      9) Heroes of Socialist Labor, holders of orders of Labor Glory of three degrees, persons awarded the title of "Kazakhstannyn Enbek Еrі", – 138.63 monthly calculation indexes;

      10-1) the persons awarded the title of "Khalyk kaharmany", - 138,63 monthly calculation index;

      10-2) the persons awarded the title of "Kazakhstan Ynbek Eri" - 138.63 monthly calculation index;

      11) persons, awarded with orders and medals of the former Soviet Union for their selfless hard work and impeccable military service in the home front during the Great Patriotic War, as well as persons, who are not awarded state awards, but have worked (have served) at least six months during the period from June 22, 1941 May 9, 1945 – 2.13 monthly calculation indices;

      12) persons from among the participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in 1988 - 1989, evacuated (independently left) from the exclusion and resettlement zones to the Republic of Kazakhstan, including children who were in the fetal state on the day of evacuation - 4.8 months calculated indexes;

      13) persons with disabilities of the first and second groups who are assigned pension payments by age or pension payments for long service, with the exception of those receiving an additional payment to pension payments by age up to the amount of a monthly disability allowance, provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan “On State social benefits for disability and in case of loss of a breadwinner in the Republic of Kazakhstan”, as well as for the persons with disabilities of the first and second groups living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 1.49 monthly calculation index;

      14) persons with disabilities of the third group who are assigned pension payments by age or pension payments for long service, with the exception of those receiving an additional payment to pension payments by age up to the amount of a monthly disability allowance, provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan “On State social benefits for disability and in case of the loss of a breadwinner in the Republic of Kazakhstan”, as well as persons with disabilities of the third group living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 0.64 monthly calculation index;

      15) children with disabilities up to seven years old, living in the city of Baikonyr, subject to the receipt of a disability pension in accordance with the legislation of the Russian Federation - 0.96 monthly calculation index;

      16) children with disabilities from seven to eighteen years old, living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation:

      the first and second groups – 1.49 monthly calculation index;

      the third group - 0.96 monthly calculation index;

      19) the victims of political repression, victims of political repression, having a disability or those who are retired - 1.07 monthly calculation indices;

      20) persons, receiving a pension for special merits to the Republic of Kazakhstan - 1.07 monthly calculation indices.

      21) carer - 1.4 of the subsistence minimum.

Chapter 3. Final and transitional provisions

      Footnote. The title of chapter 3 is in the wording of the Law of the Republic of Kazakhstan dated 02.07.2018 No. 165-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. Refusal to allocate, the termination or suspension of payment of benefits

      1. Benefit shall not be allocated to persons, not submitted the supporting documents to the allocation of benefits or submitting the documents, containing false data.

      2. The payment of benefits shall be terminated in case of loss of grounds for its assignment or death of the recipient.

      3. Payment of benefits shall be suspended for the period of serving by the benefit recipient of criminal punishment, imposed by a court as imprisonment. If a benefit recipient related to citizens, referred to in subparagraph 3) of Article 4 of this Law, the benefit may be reissued to another family member that has a right to.

      4. The payment of the benefit shall be suspended for the period of residence of the beneficiaries of the benefit in the state medical and social institutions (organizations), except for the persons, whom special social services are provided for a fee.

      5. The benefit for a carer shall not be granted in the case of:

      1) his/her minority;

      2) recognition of him/her as incapable or partially incapacitated by a court decision that has entered into legal force;

      3) registering him/her with an organization providing medical care in the field of mental health;

      4) being a person with a disability of the first group on full state support.

      6. The grounds for terminating the payment of benefits to a carer shall be:

      1) application of a person with a disability of the first group or a caregiver;

      2) death of a person with a disability of the first group or a caregiver;

      3) departure of a person with a disability of the first group or a person providing care for a permanent place of residence in another locality or outside the Republic of Kazakhstan;

      4) change in the disability group of a person with a disability;

      5) detection of cases provided for in paragraph 5 of this Article.

      7. The replacement of a caregiver shall be made on the basis of an application from a person with a disability of the first group. An application for the replacement of a caregiver shall be submitted to the State Corporation in accordance with Article 5 of this Law.

Article 8-1. Retention of the right to benefit

      1. Large families that include four or more minor children living together, including children studying full-time education in organizations of secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach the age of majority until the time of graduation from educational organizations (but not more than until reaching the age of twenty-three), the benefit for which was assigned before January 1, 2018, shall retain the right to receive benefits in accordance with paragraph 2 of Article 6 of this Law until January 1, 2020.

      From January 1, 2020, the families specified in part one of this paragraph shall be paid a monthly state benefit, assigned and paid to large families with four or more minor children living together, including children studying full-time in secondary, technical and professional, post-secondary, higher and (or) postgraduate education, after they reach the age of majority until the time of graduation from educational organizations (but not more than until they reach the age of twenty-three), in accordance with the Law of the Republic of Kazakhstan “On State Benefits for Families with Children”.

      2. Persons who are recipients of a monthly state benefit assigned and paid for caring for a person with a disability of the first group from childhood in accordance with the Law of the Republic of Kazakhstan “On State Benefits for Families with Children”, the benefit provided for in paragraph 2 of Article 4 of this Law shall be assigned on the basis of information available in the relevant information systems of state bodies and (or) organizations.

Article 9. Procedure for the enactment of this Law

      This Law shall enter into force from 1 April 1999.