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On state targeted social aid

Updated 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 - an agreement, defining the rights and obligations of the parties, on participation in active employment promotion measures between an unemployed citizen of the Republic of Kazakhstan or oralman, certain categories of employees, determined by the Government of the Republic of Kazakhstan, as well as other persons in cases provided for by the Law of the Republic of Kazakhstan “On Employment”, and the employment center, and in cases provided for by the Law of the Republic of Kazakhstan “On Employment”, individuals and legal entities, involved in the organization of active employment promotion measures, and also on the provision of state targeted social aid;

      1-3) able-bodied person (able-bodied family member) - a person or family member from sixteen years of age to the age specified in paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Provision in the Republic of Kazakhstan”, except for persons of I or II disability group and (or) persons with diseases, for which a temporary disability period exceeding two months can be established;

      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) employment center - a legal entity created by the local executive body of a district, cities of regional and republican significance, the capital in order to implement active measures to promote employment and organize social protection from unemployment and other measures to promote employment in accordance with the Law of the Republic of Kazakhstan “On 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); № 147-VІ as of 16.04.2018 (takes effect ten calendar days after its first official publication); № 165-VI as of 02.07.2018 (takes effect ten calendar days after its first official publication); № 203-VI as of 26.12.2018 (takes effect 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.

      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) able-bodied family members who refused to participate in employment promotion measures, except for minor children, including children who are full-time students of secondary, technical and vocational, post-secondary, higher and (or) post-graduate educational institutions after they reach the age of majority until they graduate from educational institutions (anyway, only until the age of twenty-three), caregivers for a child under seven years old, a disabled child, a person of I or II disability group, elderly people in constant need for care and assistance, as well as individuals having a disease, for which a temporary disability period exceeding two months can be established;

      3) persons (families) who provided knowingly false information to get 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) low-income families without able-bodied persons or whose only able-bodied member cares for a child under the age of seven, a disabled child, a person of I or II disability group, elderly people who need care and assistance.

      5. Conditional cash aid is provided to single low-income able-bodied persons and (or) those living alone, and also to low-income families with an able-bodied member (members), including individuals who are payers of the single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code), on the condition of his/her (their) participation in employment promotion measures and (or) if they need social adaptation, except for the 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); № 165-VI as of 02.07.2018 (takes effect ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

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. The person (hereinafter referred to as the applicant), on his/her own behalf or on behalf of the family, applies for targeted social aid to the employment center at the place of his/her residence, and in rural areas – to the akim of a village, rural settlement, rural district with a standard application and an identity document.

      Applicants are not required to produce any documents to be granted targeted social aid.

      Documents required in accordance with the list determined by the central executive body will be collected by the employment center at the place of residence, in rural areas – by the akim of a village, rural settlement, rural district through the information systems of state bodies and (or) organizations.

      Targeted social aid is granted on the basis of electronic copies of documents obtained from the information systems of state bodies and (or) organizations.

      In case of absence of electronic copies of documents obtained in the information systems of state bodies and (or) organizations, the employment center at the place of residence, in rural areas - the akim of a village, rural settlement, rural district, shall send a written request to a relevant state body and (or) organization.

      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. The right to unconditional cash aid shall be confirmed every six months in the manner prescribed 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); № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

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.

      4) persons living together, who are not close relatives in accordance with subparagraph 13) of paragraph 1 of Article 1 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”.

      2. The employment center or the akim of a village, rural settlement, rural district registers an application for targeted social aid and issues a notice of confirmation of the application’s receipt.

      The employment center or the akim of a village, rural settlement, rural district, within one working day of the application’s receipt, shall send it to district commissions for preparing an opinion.

      The akim of a village, rural settlement, rural district, within three working days of receipt of the district commission’s opinion, shall send the package of documents to the employment center.

      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 an application for targeted social aid, an applicant and his/her family members shall be interviewed in order to determine:

      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 recipients of conditional cash aid is concluded for twelve months.

      10-1. In case of changes in the terms of participation in the employment promotion measures and (or) conditions for the provision of social adaptation measures, the social contract is amended by agreement of the parties by way of signing an additional agreement to the social contract.

      11. Unconditional cash aid is paid on a monthly basis during six months from the month of application.

      Conditional cash aid is given for the validity period of a social contract from the month of application and is paid monthly or as a lump sum during the period indicated 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.

      If a failure to fulfill obligations under a social contract is established for the first time, the amount of conditional cash aid paid to all family members over eighteen years old, except for those who are full-time students of secondary, technical and vocational organizations, post-secondary, higher and (or) postgraduate educational institutions, after they reach the age of majority until they graduate from educational institutions (anyway, only until the age of twenty-three), and one family member giving care to a child under the age of seven, shall be reduced by fifty percent for the remaining period of the social contract within a month.

      In case of the second failure to fulfill obligations, the payment of conditional cash aid is stopped, except for payments to minor children, including full-time students of secondary, technical and vocational, post-secondary, higher and (or) post-graduate educational institutions, after they reach the age of majority until they graduate from educational institutions (anyway, only until the age of twenty-three), and one family member giving care to a child under the age of seven.

      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); as amended by Law of the Republic of Kazakhstan № 165-VI as of 02.07.2018 (takes effect ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

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. District commissions shall carry out their activities in accordance with the provisions on district commissions, coordinated with local representative bodies and approved by executive bodies of the regions (cities 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); № 210-VI as of 28.12.2018 (takes effect ten calendar days after its first official publication).

Article 6. Calculation of the per capita income

      1. The total income of a family seeking targeted social aid is determined on the basis of an application for targeted social aid and data from the information systems of state bodies and (or) organizations.

      The rules for calculating the total income shall be approved 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); № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

Article 7. Determination of the amount of targeted social aid

      1. The size of targeted social aid to a person (family) is calculated by the authorized body as a difference between the average income and the poverty line established in the regions, cities of republican significance, the capital, per each adult family member.

      The size of targeted social aid calculated for children who are full-time students of secondary, technical and vocational, post-secondary, higher and (or) post-graduate educational institutions, after they reach the age of majority until they graduate from educational institutions (anyway, only until the age of twenty-three) as members of a family seeking targeted social aid shall not be lower than the poverty line established in the regions, cities of republican significance, the capital, per each adult family member.

      2. The recipient of targeted social aid shall inform the employment center, and in rural areas – the akim of a village, rural settlement, rural district, of the circumstances that may serve a basis for changing the size of targeted social aid or the right to it, within ten working days.

      The rules for providing support and access to information systems and databases in the course of granting the targeted social aid, and also the form of reporting documentation in the field of targeted social aid shall be developed and approved by the central executive body.

      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); № 165-VI as of 02.07.2018 (takes effect ten calendar days after its first official publication); № 210-VI as of 28.12.2018 (takes effect ten calendar days after its first official publication); № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

Article 8. Control over correct granting and payment of targeted social aid

      Control over correct granting and payment of targeted social aid is carried out by the central executive body, and also as part of monitoring the execution of the relevant budget.

      Footnote. Article 8 as amended by Law of the Republic of Kazakhstan № 243-VІ as of 03.04.2019 (takes effect on 01.04.2019).

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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