On special state benefits in the Republic of Kazakhstan

Updated Unofficial translation

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 concepts, used in this Law

      The following basic concepts are used in this Law:

      1) a special state benefit (hereinafter - benefit) - a cash payment to citizens, entitled to a benefit, provided regardless of other types of benefits;

      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.

      Footnote. Article 1 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); as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 02.07.2018 No. 165-VI (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 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;

      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.

      Footnote. Chapter 1 is supplemented by Article 3-1 in accordance with the Law of the Republic of Kazalhstan dated 17.11.2015 No. 408-IV (shall be enforced from 01.03.2016).

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) carry out maintenance and updating of information systems;

      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.

      Footnote. Chapter 1 is supplemented by Article 3-2 in accordance with the Law of RK dated 17.11.2015 No. 408-IV (shall be enforced from 01.03.2016).

Article 4. Citizens, entitled to benefits

      Citizens who are entitled to receive special state benefits, based on the list of benefits, defined by the legislative acts of the Republic of Kazakhstan, shall include:

      1) participants of the Great Patriotic War, as well as persons equated on benefits and guarantees to the participants of the Great Patriotic War, whose status is determined by Articles 5 and 6 of the Law of the Republic of Kazakhstan dated April 28, 1995 "On benefits and social protection of participants, disabled veterans of the Great Patriotic War and persons equated to them";

      1-1) disabled veterans of the Great Patriotic War, as well as persons equated on benefits and guarantees to the disabled veterans of the Great Patriotic War, whose status is determined by Articles 7 and 8 of the Law of the Republic of Kazakhstan dated April 28, 1995 "On benefits and social protection of participants, disabled veterans of the Great Patriotic War and persons equated to them";

      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”;

      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) disabled persons of the first, second and third groups, who are entitled to old-age pension payments or retirement benefits, except for those, who receive an additional payment to retirement benefits up to the amount of a monthly disability benefit, provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan "On state social benefits for disability, loss of a breadwinner and by age in the Republic of Kazakhstan", as well as disabled persons 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;

      8) disabled children under sixteen, living in the city of Baikonur, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

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

      9) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);
      10) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-IV (shall be enforced from 01.01.2018);

      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); 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; dated 26.12.2018 No. 203-IV (shall be enforced from 01.01.2019).

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. The persons, specified in Article 4 of this Law shall apply for the assignment of benefits to the State Corporation with the attachment of documents, the list of which is determined by the central executive body.

      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 granting benefits does not exceed eight working days from the date of registration of the application with all necessary documents in the State Corporation.

      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.

      8. Submission of an application for assigning of benefits to the persons, awarded the title "Khalyk kaharmany" and the persons, awarded the title "Kazakhstannyn Enbek Yeri" is not required when assigning benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan "On Public Services".

      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); 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 (the procedure of enforcement see Article 2); dated 17.11.2015 No.408-V (shall be enforced from 01.03.2016); dated 25.11.2019 No. 272-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

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.

      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 does not appear in the subdivision of MSE for a re-examination in accordance with the period, established by the legislation of the Republic of Kazakhstan, the payment of the benefit shall be suspended until the person is recognized as a disabled one again.

      If a re-examination period is missed for a good reason, the benefit shall be paid from the date, the payment is suspended until the date of reassessment, but not more than six months, if the MSE subdivision recognizes him (her) as a disabled person for this period. At the same time, if a person with a disability is transferred to another disability group (higher or lower) during reassessment, the benefit 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.

      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); 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 02.07.2018 No. 165-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Size of benefits

      The benefit shall be established for the citizens who have the right to receive special state benefit, based on the list of benefits, 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;

      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) 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 who are assigned retirement pension payments by age or pension payments for a long service, except for those who receive an additional payment for pension payments by age up to the monthly disability allowance provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan "On State Social Benefits on disability, on the occasion of the loss of the bread-winner and by the age in the Republic of Kazakhstan ", as well as for the disabled persons 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) disabled persons of the third group who are assigned retirement benefits by age or pension payments for a long service, except for those who receive supplementary payments to pension payments by age up to the amount of the monthly disability benefit, provided for in paragraph 5 of Article 12 of the Law of the Republic of Kazakhstan "On State Social Benefits for Disability, on the occasion of loss of a bread-winner and by age in the Republic of Kazakhstan ", as well as disabled persons 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 of monthly calculation index;

      15) disabled children under 16, living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 0,96 monthly calculation index;

      16) children with disabilities from sixteen 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 - 0.64 monthly calculation index;

      17) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);
      18) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No.369-V (shall be enforced from 01.01.2018);

      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); as amended by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 26.12.2018 No. 203-IV (shall be enforced from 01.01.2019).

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.

      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); dated 17.03.2015 No. 293-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).

Article 8-1. Retention of the right to benefit

      Large families with four or more minor children living together, including children enrolled in 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 to whom 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 Article shall be paid a monthly state benefit, assigned and paid to large families with four or more minor children living together, including children enrolled in full-time education 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 reaching the age of twenty-three), in accordance with the Law of the Republic of Kazakhstan "On State Benefits to Families with Children".

      Footnote. Chapter 3 is supplemented by Article 8-1 in accordance with 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); is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2019 No. 287-VІ (shall be enforced from 01.01.2020).

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

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