ORDER OF THE MINISTRY OF SOCIAL POLICY OF UKRAINE

of August 17, 2018 No. 1173

About approval of the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/wards of children's houses nursing homes, psychoneurological nursing homes

According to Item 41 of the Standard regulations on psychoneurological nursing home approved by the resolution of the Cabinet of Ministers of Ukraine of December 14, 2016 No. 957, to Item 60 of the Standard regulations on the children's house nursing home, approved by the resolution of the Cabinet of Ministers of Ukraine of December 14, 2016 No. 978, to Item 8 of the Regulations on the ministry of social policy of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of June 17, 2015 No. 423 (with changes), I ORDER:

1. Approve the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/wards of children's houses nursing homes, psychoneurological nursing homes which is applied.

2. (I. Pinchuk) to provide to management of the integrated social services submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.

3. To impose control of execution of this order on the deputy minister concerning the European integration V. Churkina.

4. This order becomes effective from the date of its official publication.

 

It is approved: Minister of Finance of Ukraine

A. Danilyuk

Chairman of the board of the Pension fund of Ukraine

A. Zarudny

Chairman of the National Bank of Ukraine

Ya. V. Smoly

Chairman of Joint representative body of trade union associations

G. V. Osova

The head of the Secretariat of Joint representative body of the party of employers at the national level

G. Ilyichev

Executive Vice-president of Employers' Confederation of Ukraine

A. Miroshnichenko

Chairman of executive committee of the All-Ukrainian union of public organizations "Confederation of Public Organizations of Disabled People of Ukraine"

V. V. Karpenko

Secretary general of the Public union "All-Ukrainian public association "National Assembly of disabled people of Ukraine"

V. Nazarenko

Approved by the Order of the Ministry of social policy of Ukraine of August 17, 2018, No. 1173

Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are wards pupils of children's houses nursing homes, psychoneurological nursing homes

1. This Procedure determines the mechanism of use of pension amounts (monthly perpetual monetary pay) and the public social benefits (further - means) added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/wards of children's houses nursing homes, psychoneurological nursing homes (further - organizations / institutions) and over which guardianship or custody is performed by these organizations / institutions, for purchase of goods, works and services for the benefit of pupils/wards.

2. This Procedure is not applied to means of persons which civil capacity to act is limited, over which guardianship performs organization/institution if the director of organization/institution presents the written permission to such person to receive independently money and to dispose of them according to part four of Article 37 of the Civil code of Ukraine.

3. In case of appointment as pupils/ward in accordance with the established procedure of the guardian, the custodian, including from number of persons employed of organization/institution, use of means it is performed by their guardians, custodians according to the legislation.

4. For receipt of means through current accounts in banks organization/institution opens current accounts for benefit of pupils/wards, having signed with bank the agreement on opening of current accounts for benefit of pupils/wards, according to the Payment procedure of pensions and the monetary assistance through current accounts in banks approved by the resolution of the Cabinet of Ministers of Ukraine of August 30, 1999 No. 1596 (with changes), Instructions about procedure for opening, use and closing of accounts in national and foreign currencies, approved by the resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492, registered in the Ministry of Justice of Ukraine on December 17, 2003 for No. 1172/8493.

5. Money and other valuable things is accepted on storage by the director of organization/institution or the responsible person authorized by it from organization/institution number of persons employed with creation of the act of acceptance of money and other valuable things on storage in form according to appendix 1 to this Procedure.

6. The question of use of means of pupils/wards in organization/institution is solved the commission which is created as a part of at least five people.

The structure of the commission (the chairman, his deputy, the secretary, members of the commission) is elected on general meeting of labor collective with participation of public council in case of organization/institution for a period of one year.

Workers of organization/institution, representatives of guardianship and custody body, including service for children (under approval), public organizations (under approval), capable wards, legal representatives of pupils/wards of organization/institution can be part of the commission.

The director of organization/institution cannot be the commission chairman.

Regulations on the commission and structure of the commission affirm the order of organization/institution.

7. The main objectives of the commission are:

consideration once a month (if necessary - is more often) written addresses of pupils is more senior than 14 years and wards whose civil capacity to act is limited which move personally in form according to appendix 2 to this Procedure, and the addresses about need of pupils up to 14 years and the full age incapacitated persons presented by personnel which directly service them, including health, pedagogical, social workers, in form according to appendix 3 to this Procedure, taking into account wishes, requirements and interests of pupils/wards;

decision making about use of means (further - the decision);

consideration quarterly information on accounting and cash flow of pupils/wards;

preparation of offers to the director of organization/institution about improvement of the organization of use of means of pupils/wards.

8. Form of work of the commission is the meeting which is held at the initiative of its chairman.

Commission session is conducted by the chairman, in its absence - the vice-chairman.

Preparation of materials for consideration on commission session is provided by the secretary.

Commission session is considered competent if at it there are more than a half of her members.

The decision of the commission is made by open voting and deemed accepted if most of the members of the commission who are present at meeting voted for it. In case of equal distribution of voices the chairman's voice at meeting is decisive. Decisions of the commission are drawn up by the protocol.

9. Accounting and cash flow is fixed in register and movements of means in form according to appendix 4 to this Procedure which is filled on each pupil / ward separately in day of receipt of information on charges, obtaining, use and balance of pupils/wards.

10. On each ward / pupil organization/institution creates case concerning use of means which contains accounting documentation, the circulation, acts, receipts, sales and cash register receipts, copies of statements from the bank account opened on advantage of the pupil/ward about cash flow for the accounting period and so forth.

Cases concerning use of means are stored in the locked case, money - in the safe of specially equipped room. Windows of such room shall be barred, doors - metal or are equipped with the lattices which are locked.

11. The director of organization/institution or the responsible person authorized by it provides:

preserving direct or indirectly the information containing bank secrecy, non-admission of its use in own favor or advantage of the third parties obtained in the procedure established by the law;

receipt of funds in cash form from the current bank accounts of pupils/wards. Together with cash one copy of the issue cash document is acquired (the statement on issue of cash, the cash payment order, etc.);

obtaining once a month statements from the bank account opened on advantage of the pupil / ward about cash flow for the accounting period;

acquisition for the received means of goods, works and services, including by visit of the companies, organizations, organizations of all patterns of ownership, including together with pupils/pupils or members of the commission;

provision of information from register and cash flow of pupils/wards about receipt, use and balance (upon the demand of the pupil/ward, but than two times a month are not more often).

12. The acquired goods are issued to pupils/ward according to the act of issue in form according to appendix 5 to this Procedure.

13. Information on use of means of pupils/wards is reflected in the activities report of organization/institution on protection of the rights and interests of pupils/wards, including on the safety of the property belonging to them and housing represented by the director of organization/institution annually no later than February 1 to guardianship and custody body in the place of stay of pupils/wards on accounting.

In case of carrying out payment of goods purchased, works, services as funds of the pupil/ward from the account opened in organization of bank the statement from the bank account opened on advantage of the pupil/ward about cash flow for the accounting period is attached to the specified information.

14. Internal control behind use of means is exercised by the director of organization/institution with involvement of representatives of guardianship and custody bodies, representatives of public organizations.

15. External control behind observance of regulations of the legislation on the organization of use of means is exercised by specially authorized bodies, including with involvement of representatives of public organizations.

Appendix 1

to the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/pupils of children's houses nursing homes, psychoneurological nursing homes (Item 5)

The act of acceptance of money and other valuable things on storage

See Appendix 1 (8Kb In original language)

Appendix 2

to the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/pupils of children's houses nursing homes, psychoneurological nursing homes (Item 7)

Address

See Appendix 2 (6Kb In original language)

Appendix 3

to the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/pupils of children's houses nursing homes, psychoneurological nursing homes (Item 7)

Address

See Appendix 3 (6Kb In original language)

Appendix 4

to the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/pupils of children's houses nursing homes, psychoneurological nursing homes (Item 9)

Register and movements of means

See Appendix 4 (7Kb In original language)

Appendix 5

to the Procedure for use of pension amounts (monthly perpetual monetary pay) and/or the public social benefits added according to the legislation to the orphan children, children deprived of parent guardianship, to incapacitated persons and persons whose civil capacity to act is limited which are pupils/pupils of children's houses nursing homes, psychoneurological nursing homes (Item 12)

Act of issue

See Appendix 5 (7Kb In original language)

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