ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of January 5, 2020 No. 1

About modification of the order of the Minister of health and social development of the Republic of Kazakhstan of May 5, 2015 No. 319 "About approval of Rules of appointment and payment of public welfare payments to the families having children"

According to Item 1 of article 3-1 of the Law of the Republic of Kazakhstan of June 28, 2005 "About public welfare payments I ORDER to the families having children":

1. Bring in the order of the Minister of health and social development of the Republic of Kazakhstan of May 5, 2015 No. 319 "About approval of Rules of appointment and payment of public welfare payments to the families having children" (it is registered in the Register of state registration of regulatory legal acts at No. 11507, it is published on July 20, 2015 in information system of law of Ad_let) the following change:

The rules of appointment and payment of public welfare payments to the families having children, approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to development department of policy of the public assistance of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Aukenov E. M.

4. This order becomes effective since January 1, 2020 and is subject to official publication.

It is approved Ministry of Agriculture of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of January 5, 2020 No. 1

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of May 5, 2015 No. 319

Rules of appointment and payment of public welfare payments to the families having children

Chapter 1. General provisions

1. These rules of appointment and payment of public welfare payments to the families having children (further - Rules), are developed according to the subitem 1) of article 3-1 of the Law of the Republic of Kazakhstan of June 28, 2005 "About public welfare payments to the families having children" (further - the Law) and determine procedure for appointment and payment of public welfare payments to the families having children.

Money payments in type belong to public welfare payments to the families having children (further - benefits):

the lump-sum public welfare payment granted and paid in connection with the child's birth (further - benefit for the birth);

the monthly public welfare payment granted and paid on child care of age of one year on reaching it (further - attendance allowance);

the monthly public welfare payment granted and paid to the large families having four and more jointly the living minor children, including children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age) (further - extra family allowance);

the monthly public welfare payment granted and paid to mother or the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the handicapped child (handicapped children) (further - benefit bringing up the handicapped child);

the monthly public welfare payment granted and paid on care of the disabled person of the first group since the childhood (further - attendance allowance for the disabled person of the first group since the childhood);

the monthly public welfare payment granted and paid to mother having many children awarded with suspension brackets "Three-copecks piece of alg", "Kum_s of alg" or entitled earlier "Mother heroine", awarded with the degree awards "Maternal Glory" I and II (further - benefit of mother having many children).

2. In these rules the following basic concepts are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) information system - the organizational arranged set of the information and communication technologies, service personnel and technical documentation realizing certain technological actions by means of information exchange and intended for the solution of specific functional objectives;

3) authorized body to destination benefits (further - authorized body to destination benefits) - territorial subdivisions of authorized state body;

4) the receiver - the applicant who is granted allowance for the birth, attendance allowance and (or) extra family allowance and (or) benefit bringing up the handicapped child and (or) attendance allowance for the disabled person of the first group since the childhood and (or) benefit of mother having many children;

5) authorized organization for issue of benefits - the organizations having licenses of authorized body on regulation and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

6) large family - the family incorporating four and more jointly the living minor children, including children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age);

7) departments of the State corporation - city, district departments of the State corporation;

8) branches of the State corporation - regional, the cities of republican value and the capital branches of the State corporation;

9) division of medico-social examination (further - division of MSE) - the structural division of authorized state body to destination benefits which is carrying out medico-social expertize;

10) family - the group of people, the connected property and personal non-property rights and obligations following from scrap (matrimony), relationship, property, adoption (adoption) or other form of acceptance of children on education and designed to promote strengthening and development of the family relations;

11) the applicant - person addressing for purpose of benefits;

12) authorized state body - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of social protection of the population;

13) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

14) the electronic request - the data necessary for purpose of benefit for the birth, attendance allowances, extra family allowances, benefits bringing up the handicapped child, attendance allowances for the disabled person of the first group since the childhood and the benefit of mother having many children in electronic form certified by the digital signature of the State corporation;

15) the electronic statement - the statement, in electronic form, certified by the digital signature;

16) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

17) electronic prototype of case - the electronic prototype of case of the receiver of benefit created by the State corporation;

18) the web portal of "the electronic government" (further - the portal) - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services rendered electronically.

Chapter 2. Procedure for purpose of benefits

Paragraph 1. Procedure for purpose of benefits for the birth and on leaving

3. The attendance allowance is granted since birth on reaching the child of age of one year, and in cases of adoption (adoption) of child(children) and purpose of guardianship over the child, without parental support, aged up to one year - from the date of the introduction in legal force of the judgment about adoption (adoption) of child(children) or from the date of decision making about establishment of guardianship (guardianship).

In case of purpose of attendance allowance in family composition the children who are given birth living, adopted (adopted), and also taken under guardianship (guardianship), summary children if they are not considered in family of other parent are considered.

At the same time in family composition children concerning whom parents are deprived of the parent rights are not considered.

In case of the request for purpose of attendance allowance after the death of the child who did not reach age of one year, the attendance allowance is granted till month of death inclusive.

The attendance allowance is granted to oralmans since the birth of the child, but not earlier than date of establishment of the status of the oralman.

4. Benefit for the birth and on leaving are appointed irrespective of the income of family of the child.

5. For purpose of benefits for the birth and on leaving to the statement in form according to appendix 1 to these rules, the following documents are attached:

1) the identity document of the applicant - for identification.

In case of the request for purpose of benefits for the birth and on leaving of persons having the status of the oralman the certificate of the oralman for identification is provided;

2) the certificate (certificates) on child(children) birth (the statement from the birth record, or the certificate of registration of the act of civil status, issued by bodies of civil registration);

3) the certificate on the conclusion, annulment of marriage (matrimony) - in case of discrepancy of data of the applicant with data in the certificate of birth of the child;

4) the document confirming establishment of guardianship (guardianship) over the child or data on adoption (adoption) from the birth record - in case of establishment of guardianship (guardianship) over the child or adoptions (adoption);

5) for residents Baikonur - the reference of department of accounting and registration of citizens of housing of the city of Baikonur;

6) the document confirming data on bank account number in authorized organization for issue of benefits - for identification.

For purpose of benefits for the birth and on leaving submission of the certificate of birth of child(children) or the reference containing data from civil registrations on the birth, certificates on the conclusion, annulment of marriage (matrimony), except for the data on marriage (matrimony) registered outside the Republic of Kazakhstan and also the document confirming establishment of guardianship (guardianship) over the child or data on adoption (adoption) from the birth record is not required in case of confirmation of information containing in the specified documents according to requests in information systems of state bodies and (or) the organizations according to appendix 2 to these rules.

The data proving the identity and data on registration at the place of residence of the applicant receive from the corresponding state information systems through lock of "the electronic government" (further - information systems) according to requests in information systems of state bodies and (or) organizations according to appendix 2 to these rules.

Paragraph 2. Procedure for purpose of extra family allowance

6. The extra family allowance is granted from the date of the appeal to the State corporation behind purpose of benefit. Day of the address day of filing of application, except for the families which addressed for purpose of extra family allowance in the first working day of 2020 to which the allowance is granted since January 1, 2020 is considered.

In case of purpose of extra family allowance in family composition the children who are given birth living, adopted (adopted), and also taken under guardianship (guardianship), summary children if they are not considered in family of other parent are considered.

At the same time in family composition children concerning whom parents are deprived of the parent rights are not considered.

7. For purpose of extra family allowance to the statement in form according to appendix 3 to these rules, the following documents are attached:

1) the identity document - for identification.

In case of the request for purpose of extra family allowance of persons having the status of the oralman the certificate of the oralman for identification is provided;

2) certificate (certificates) on child(children) birth;

3) the certificate on the conclusion, annulment of marriage (matrimony) - in case of discrepancy of data of the applicant with data in the certificate of birth of the child;

4) the document confirming establishment of guardianship (guardianship) over the child or data on adoption (adoption) from the birth record - in case of establishment of guardianship (guardianship) over the child or adoptions (adoption);

5) for residents Baikonur - the reference of department of accounting and registration of citizens of housing of the city of Baikonur;

6) the reference of educational institution in form according to appendix 4 to Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits, public social benefits on disability, on the occasion of loss of the supporter and on age, the public special welfare payments from authorized organization, the approved order of the Minister of health and social development of the Republic of Kazakhstan of April 14, 2015 No. 223 (registered in the Register of state registration of regulatory legal acts for No. 11110) (further - the Order No. 223) (further - the reference from the place of training) if dependents aged from eighteen up to twenty three years are students of full-time courses, provided annually;

7) the document confirming data on bank account number in authorized organization for issue of benefits - for identification.

For purpose of extra family allowances, submission of the certificate of birth of child(children), the certificate on the conclusion, annulment of marriage (matrimony), except for the data on marriage (matrimony) registered outside the Republic of Kazakhstan, the document confirming establishment of guardianship (guardianship) over the child or data on adoption (adoption) from the birth record, and also data on study on internal department of educational institution are not required in case of confirmation of information containing in the specified documents according to requests in information systems of state bodies and (or) the organizations according to appendix 2 to these rules.

The data proving the identity and data on registration at the place of residence of the applicant receive from the corresponding state information systems according to requests in information systems of state bodies and (or) organizations according to appendix 2 to these rules.

8. In case of the address during the first half of the year 2020 of large families which till January 1, 2018 were granted special public welfare payment having the right to increase or reduction of the size of received extra family allowance, in connection with change of family composition - change of the size of benefit is made from the date of approach of the circumstances influencing change of the size of benefit based on the application submitted to department of the State corporation in form according to appendix 4 to these rules with appendix of the supporting document, but not earlier than the date of entry into force of these rules.

The size of benefit is recalculated in connection with change of number of minor children, including the children who are studying full-time in the organizations of secondary, technical and professional, postsecondary, higher and (or) postgraduate education after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age).

In case of change of the family composition influencing increase or reduction of the size of the received benefit large family, change of the size of benefit is made from the date of emergence of the right to change of the size of benefit, but not earlier than the moment of its appointment.

9. Cohabitation of children by the applicant proves to be true independently, through specifying in the statement on purpose of extra family allowance jointly of the living children.

At the same time according to Articles 16 of the Civil code of the Republic of Kazakhstan the residence of the children who did not reach fourteen years the place residence of their legal representatives is recognized.

In case of purpose of extra family allowance the children who are studying full-time in the organizations of average, technical and professional after secondary, higher and (or) postgraduate education, after achievement of age of majority by them until the termination of the organizations of education (but no more than before achievement of twenty-three-year age) are considered in family composition irrespective of the cohabitation fact.

In case of annulment of marriage (matrimony) between spouses cohabitation of children with one of the parent is confirmed by the relevant decision of court.

10. The extra family allowance is granted irrespective of the income of family.

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