On special state benefits in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 5 April, 1999 No. 365

Unofficial translation

      Footnote. Throughout the text, the words “16 years”, the numbers “I”, “II”, “III” are replaced by the words “sixteen”, “first”, “second”, “third” by the Law of the Republic of Kazakhstan dated 31.12.2004 No. 28 (shall be enforced from 01.01.2005).

      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 definitions

      The following basic definitions are used in this Law:
      1) special state benefits (hereinafter – the benefit) - cash payment to citizens, entitled to the benefits, provided regardless of other types of benefits;
      2) the authorized body in the payment of benefits – organization, making payment of benefits;
      3) the central executive body - the state body, regulating in the field of the social protection of the population.
      Footnote. Article 1, as amended by the Laws of the Republic of Kazakhstan dated 19.01.2001 No. 145 (shall be enforced from 01.01.2001); dated 04.07.2006 No. 148 (the order of enforcement see Art. 2); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

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. Benefit is included in the public social security system, and shall be a monthly payment of money to the citizens, having the right to receive them.
      4. For the persons, eligible to receive special state benefits for several grounds, the benefit shall be paid only on one ground of their choice.

Article 4. Citizens, entitled to benefits

      The citizens, entitled to benefits shall include:
      1) participants and disabled veterans of the Great Patriotic War, as well as persons, equated on privileges and guarantees to participants and disabled veterans of the Great Patriotic War, the status of which is defined in Articles 5-8 of the Law of the Republic of Kazakhstan “On benefits and social protection of participants and disabled veterans of the Great Patriotic War and persons equated to them” dated April 28, 1995 No. 2247;
      2) parents, and not remarried widows of soldiers, killed (dead, missing) in Great Patriotic War;
      3) families of servicemen, employees of special state bodies, dead (missing) or died as a result of wound, concussion, injury, disease, received during the fighting in Afghanistan or other countries where operations were conducted; families of servicemen, employees of special state bodies, dead (deceased) in military service, service in the special state bodies, in peacetime, families of law enforcement officers, who died in the line of duty; families of victims in the aftermath of the Chernobyl disaster and other radiation accidents and accidents at civilian or military facilities; families of died as a result of radiation sickness or deaths of persons with disabilities, as well as citizens, whose death in the prescribed manner associated with the impact of the Chernobyl disaster and other radiation accidents and accidents at civilian or military and nuclear testing facilities;
      4) not remarried wives (husbands) of deceased disabled veterans and disabled persons equated to them, as well as wives (husbands) of deceased war veterans, partisans, underground fighters, citizens who were awarded the medal “For the Defense of Leningrad” or the badge “residents of blockaded Leningrad”, who were recognized as disabled due to general illness, labour injury and other reasons (except illegal);
      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”;
      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) disabled persons of the first, second and third groups;
      8) disabled children up to the age of sixteen;
      8-1) children with disabilities from sixteen to eighteen of the first, second, third groups;
      9) mothers of large families, awarded with pendants “Altyn Alka”, “Kumis Alka” or previously received the title “Heroine Mother”, as well as awarded the order “Maternal Glory” of I and II degree;
      10) large families with four or more minor children living together, including children studying in full-time education in organizations of secondary, technical and vocational education, post-secondary education, higher education institutions, after they reach adulthood to the end of their educational institutions (but no more than up to the age of twenty-three);
      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.
      Footnote. Article 4, as amended by the Laws of the Republic of Kazakhstan dated 16.11.1999 No. 482 (shall be enforced from 01.01.2000); dated 21.12.2000 No. 130 (shall be enforced from 01.01.2000); dated 31.12.2004 No. 28 (shall be enforced from 01.01.2005); dated 04.07.2006 No. 148 (the order of enforcement see Art. 2); dated 27.07.2007 No. 320 (the order of enforcement see Art. 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 13.02.2012 No. 553-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

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. Statement for allocation of benefit shall be submitted by a person entitled to receive it to the authorized body for the payment of benefits on a residence, with the attached documents, the list of which is approved by the Government of the Republic of Kazakhstan.
      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 of the persons, referred to in subparagraph 5) of Article 4 of this Law, confirming the fact of work from 22 June 1941 to 9 May 1945, the work experience shall be set by special commissions, established in the manner prescribed by the Government of the Republic of Kazakhstan.
      3. (Paragraphs 3-4 are excluded – No. 145 dated 19.01.2001).
      5. Revision of the amount of benefits shall be made in connection with a change in the monthly calculation index, approved annually by the law on the republican budget, as well as in changing the disability group.
      6. (Paragraph 6 is excluded – No. 145 dated 19.01.2001).
      7. Procedure for allocating benefits shall be approved by the central executive body.
      Footnote. Article 5, as amended by the Laws of the Republic of Kazakhstan dated 19.01.2001 No. 145 (shall be enforced from 01.01.2001); dated 31.12.2004 No. 28 (shall be enforced from 01.01.2005).

Article 6. Procedure for payment of benefits

      1. Procedure for payment of benefits is approved by central executive body.
      2. Payment of benefit shall be made ??for the current month and for the period of complying with the conditions on which the benefit is assigned from the moment of eligibility. In case of death of the benefit recipient, the benefit shall be payable for the month of death, 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 the disabled person did not appear in the territorial division of the central executive body for re-examination within a legal term, the payment of benefit shall be suspended until recognition of him (her) again as a disabled.
      When omission of the time limit of re-examination for a good reason, the payment of benefit shall be made from the date of suspension of payment until the day of re-examination, but not more than for six months, if the territorial division of the central executive body recognizes him (her) as disabled for this period. In this case, if disabled person transferred to another group of disability (higher or lower) in the reexamination, the benefit for the specified time shall be paid within the old 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.
      Footnote. Article 6, as amended by the Laws of the Republic of Kazakhstan dated 19.01.2001 No. 145 (shall be enforced from 01.01.2001); dated 21.03.2002 No. 308 (shall enforced from 01.01.2002); dated 04.07.2006 No. 148 (the order of enforcement see Art. 2).

Article 7. Size of benefits

      Benefit shall be allocated to citizens, eligible to special state benefits, based on the list of privileges, defined by the legislative acts of the Republic of Kazakhstan.
      The benefit shall be paid, taking into account the changes in monthly calculation index, established on the respective financial year by the law on the republican budget.
      The allowance shall be allocated in the following sizes:
      1) the participants of the Great Patriotic War - 16.0 monthly calculation indices;
      2) disabled veterans of the Great Patriotic War - 16.0 monthly calculation indices;
      3) persons, equated in privileges and guarantees to the participants of the Great Patriotic War - 6.19 monthly calculation indices;
      4) persons, equated in privileges and guarantees to disabled veterans of 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 servicemen, employees of special state bodies, dead (missing) or died as a result of wound, concussion, injury, disease, received during the fighting in Afghanistan or other countries where operations were conducted; families of servicemen, employees of special state bodies, dead (deceased) in military service, service in the special state bodies in peacetime; families of law enforcement officers, who died in the line of duty; families of victims in the aftermath of the Chernobyl disaster and other radiation accidents and accidents at civilian or military purposes; families of died as a result of radiation sickness or deaths of persons with disabilities, as well as citizens, whose death in the prescribed manner associated with the impact of the Chernobyl disaster and other radiation accidents and accidents at civilian or military facilities and nuclear testing - 4.59 monthly calculation indices;
      7) wives (husbands) of deceased disabled veterans and disabled persons, equated to them, as well as wives (husbands) of deceased war veterans, partisans, underground fighters, citizens who were awarded the medal “For the Defense of Leningrad” or the badge “residents of blockaded Leningrad”, which were recognized as disabled due to general illness, labour injury and other reasons (except illegal), those who are 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 Labour from the number of participants of the Great Patriotic War - 74.65 monthly calculation indices;
      10) Heroes of Socialist Labour, the Knights of the Order of Labour Glory of three degrees - 9.60 monthly calculation indices;
      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) 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 - 2.13 monthly calculation indices;
      13) disabled persons of the first and second groups - 1.49 monthly calculation indices;
      14) disabled persons of the third group - 0.64 monthly calculation indices;
      15) disabled children under the age of sixteen - 0.96 monthly calculation indices;
      16) disabled children from sixteen to eighteen years of age:
      first and second groups - 1.49 monthly calculation indices;
      the third group - 0.64 monthly calculation indices;
      17) mothers of large families, awarded with pendants “Altyn Alka”, “Kumіs alka” or previously received the title “Heroine Mother”, awarded the Order “Maternal Glory” of I and II degrees - 6.40 monthly calculation indices;
      18) large families with four or more minor children living together, including children studying in full-time education in organizations of secondary, technical and vocational education, post-secondary education, higher education institutions, after they reach adulthood to the end of their educational institutions (but not more than twenty-three) - 4.16 monthly calculation indices;
      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.
      Footnote. Article 7 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. Final Provisions

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. Payment of benefits shall be terminated in the event of loss of the grounds for its allocation or from the date of 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. Payment of benefit is suspended for the period of residence of benefit recipients in the state medical and social institutions.
      Footnote. Article 8, as amended by the Laws of the Republic of Kazakhstan dated 16.11.1999 No. 482 (shall be enforced from 01.01.2000); dated 19.01.2001 No. 145 (shall be enforced from 01.01.2001); dated 04.07.2006 No. 148 (the order of enforcement see Art. 2).

Article 9. Procedure for the enactment of this Law

      This Law shall enter into force from 1 April 1999.

      The President
      of the Republic of Kazakhstan