LAW OF UKRAINE

of June 2, 2020 No. 646-IX

About introduction of amendments to some laws of Ukraine concerning increase in social guarantees for separate categories of persons

The Verkhovna Rada of Ukraine decides:

I. Make changes to such laws of Ukraine:

1. In the Law of Ukraine "About the government public assistance to needy families" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 35, Art. 290 with subsequent changes):

Preamble to add 1) with the words "and assistance of their economic independence";

Articles 1, 4 and 5 to state 2) in the following edition:

"Article 1. Determination of terms

In this Law terms are used in such value:

the government public assistance to needy families (further - the government public assistance) - the monthly help which is provided to needy families in cash in the amount of which depends on the size of average monthly comprehensive income of family;

the help on finding of economic independence of needy family - interest-free returnable financial aid which is provided to one-timely idle able-bodied person from among members of needy family for the organization of business activity and assistance of her economic independence;

family - persons who together live are connected by general life, have the mutual rights and obligations. Lonely person has the rights of the family member. The family composition joins the husband, the wife; the family and the adopted children of specified persons aged up to 18 years, and also children who study on day form of education in organizations of general average professional (professional), professional prehigher, higher education (including during the period between completion of training in one of the specified educational institutions and receipt in other educational institution or during the period between completion of training in one educational qualification level and continuation of training in others provided that such period does not exceed four months) before achievement of 23 years and have no own families; unmarried full age children who are recognized as persons with disability since the childhood of I and II groups or persons with disability of the I group and live together with parents; disabled parents of the husband and the wife who live together with them and are in their dependence due to the lack of own income; person who lives together with lonely person with disability of the I group and looks after him; the woman and the man who live one family and are not in scrap, but have general children. At the same time join in family composition, irrespective of the residence (stay) or registration children who study on day form of education in organizations of general average, of professional (professional), professional prehigher, higher education before achievement of 23 years and have no own families. The family composition does not join persons which are on complete state content;

needy family - family which for the reasons, valid or independent of it, has average monthly comprehensive income below, than subsistence minimum for family;

the idle able-bodied person - person of working-age from among members of needy family which is for health reasons capable to active work and does not work, does not pass military service, is not engaged in business activity or professional independent activity, does not get education in day form in organizations of general average, professional (professional), professional prehigher, higher education;

subsistence minimum for family - the amount of the subsistence minimums calculated and approved according to the Law of Ukraine "About subsistence minimum" for persons who treat the main social and demographic national groups determined for each family depending on its structure;

average monthly comprehensive income of family - the income of all family members estimated on average in month gained by them within six months, according to the procedure, determined by the Cabinet of Ministers of Ukraine.

At the same time the average monthly comprehensive income of family does not join benefit for the orphan children and children deprived of parent guardianship who are in orphanages of family type and foster homes, the help on children over whom guardianship or custody, cash cover of the military personnel, faces of the private and the commanding structure which are directly involved in anti-terrorist operation for the period of its carrying out, direct participation in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, during implementation of the specified actions, and also other income determined by the Cabinet of Ministers of Ukraine is established";

"Article 4. Bodies which are appointed and perform payment of the government public assistance

Appointment and payment of the government public assistance are performed by structural divisions concerning social protection of the population of district, district public administrations, executive bodies in the cities of Kiev and Sevastopol city, district in the cities (in case of their education) councils (further - social security authorities of the population) at the place of residence of the authorized representative of family.

The procedure for appointment, condition of payment and the basis for the termination of payment of the government public assistance, the list of the documents necessary for purpose of the help according to this Law, are established by the Cabinet of Ministers of Ukraine.

Article 5. Extent of the government public assistance

The extent of the government public assistance is determined as difference between subsistence minimum for family and its average monthly comprehensive income.

Before stabilization of economic situation in Ukraine the extent of the government public assistance is determined taking into account the level of providing subsistence minimum.

Level of providing subsistence minimum is established proceeding from opportunities of the Government budget of Ukraine and affirms along with adoption of law on the Government budget of Ukraine for the corresponding year.

For citizens who received the status of person who lives and works (studies) in the territory of the settlement to which the status mountain is provided, the subsistence minimum increases by 20 percent.

The maximum extent of the government public assistance cannot exceed subsistence minimum for family, except the cases provided by part four of this Article";

Article 7 to exclude 3);

Article 9 to state 4) in the following edition:

"Article 9. Actions for assistance of economic independence of needy family

For the purpose of assistance of economic independence of needy family to idle able-bodied person from among members of such family which wishes to perform business activity, according to the procedure, determined by the Cabinet of Ministers of Ukraine by public service of employment one-time interest-free returnable help on finding of economic independence of needy family at the expense of means of the government budget can be given.

Procedure for assistance on receipt of economic independence of needy family, its size and terms of return are determined by the Cabinet of Ministers of Ukraine";

Shall be replaced with words 5) in Article 10 of the word of "local public administration" "social security authority of the population";

Article 12 to exclude 6);

Article 13 to state 7) in the following edition:

"Article 13. Control of correctness of appointment and payment of the government public assistance

Control of correctness of appointment and payment of the government public assistance, use of the funds of the Government budget of Ukraine allocated for provision of such help performs the central executive body which realizes state policy in the field of the state control of observance of requirements of the legislation by provision of social support.

During provision of the government public assistance the property status of family members according to the procedure, determined by the Cabinet of Ministers of Ukraine is performed".

2. "About the government public assistance to persons with disability since the childhood and to children with disability" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 1, Art. 2 with subsequent changes) to add article 1 of the Law of Ukraine with part six of such content:

"The procedure for appointment and payment of the government public assistance, the list of the documents necessary for purpose of the help according to this Law, are established by the Cabinet of Ministers of Ukraine".

3. In the Law of Ukraine "About government assistance to families with children" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 20, Art. 102 with subsequent changes):

Article 2 to state 1) in the following edition:

"Article 2. The concepts and terms used in this Law

In this Law of concept and terms are used in such value:

the child - person age up to 18 years (age of majority) if according to the law it does not acquire the rights full age earlier;

family with children - the group of people combined by family relations and obligations on maintenance in which the family, the adopted children, and also children over whom guardianship or custody, foster homes, orphanages of family type is established is raised;

average monthly comprehensive income of family - the income of all family members estimated on average in month gained by them within six months, according to the procedure, determined by the Cabinet of Ministers of Ukraine.

At the same time the average monthly comprehensive income of family does not join benefit for the orphan children and children deprived of parent guardianship who are in orphanages of family type and foster homes, the help on children over whom guardianship or custody, cash cover of the military personnel, faces of the private and the commanding structure which are directly involved in anti-terrorist operation for the period of its carrying out, direct participation in implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, during implementation of the specified actions, and also other income determined by the Cabinet of Ministers of Ukraine is established";

2) in Article 12:

state part one in the following edition:

"The help in case of the birth of the first and each following child is appointed in the amount of 41280 hryvnias. Payment of the help is performed one-timely in the amount of 10320 hryvnias, other amount of the help is paid within the next 36 months equal by installments according to the procedure, established by the Cabinet of Ministers of Ukraine";

the second to exclude part;

3) in Article 12-1 of the word "or the children deprived of parent guardianship" shall be replaced with words "the children deprived of parent guardianship, or the child whose parents provided consent to its adoption, except case of adoption by one of spouses of the child of other spouse";

Article 18 to state 4) in the following edition:

"Article 18. The amount of the help on children over whom guardianship or custody is established

The help on children over whom guardianship or custody is established is provided in the amount of which constitutes 2,5 of the size of subsistence minimum for the child of the corresponding age, on children with disability over whom are established guardianship or custody, - 3,5 of the size of subsistence minimum for the child of the corresponding age.

If on the child (on the child with disability) the pensions appointed in accordance with the established procedure, the alimony, grant, government assistance are paid (except the government public assistance paid on children with disability according to the legislation), the size of child allowance over which guardianship or custody is established is determined as difference between 2,5 of the size of subsistence minimum (for the child with disability over whom guardianship or custody is established, - 3,5 of the size of subsistence minimum) for the child of the corresponding age and the size appointed pensions, the alimony, grant, government assistance";

Article 18-2 to add 5) with part three of the following content:

"For appointment, payments and the terminations of payment of the help on children to lonely mothers are in addition applied conditions of appointment, payment and the basis for the termination of payment of the government public assistance to needy families according to the procedure, established by the Cabinet of Ministers of Ukraine".

4. In the Law of Ukraine "About the government public assistance to persons who do not have pension entitlements and to persons with disability" (Sheets of the Verkhovna Rada of Ukraine, 2004, No. 33-34, of Art. 404 with subsequent changes):

1) in Article 7:

in part one:

in item 4 of the word and figure" (except persons with disability of the I group)" shall be replaced with words also in figures "(except persons with disability of the I group and persons specified in Item 6 of this part)";

"specified in Items 1 - 3" to add Item 5 after words and figures with figure "6";

add with Item 6 of the following content:

"6) to lonely persons who reached 80-year age and according to the conclusion of the medical and advisory commission require permanent foreign care and receive pension according to the Law of Ukraine "About obligatory national pension insurance" or to the Law of Ukraine "About provision of pensions of persons discharged from military service and some other persons";

third parts two to add the paragraph with the words "and also to other persons when implementing care of whom compensation on leaving is paid";

Article 8 to add 2) with Item 6 of the following content:

"6) to persons specified in Item 6 parts one of article 7 of this Law - in the amount of 40 percent of subsistence minimum for persons which lost working capacity";

And the word "4 and 5" to replace 3) in Article of the 9th figure with figures "4 - 6";

To add 4) with Article 13-1 of the following content:

"Article 13-1. Sources of covering of expenses on payment of the government public assistance on leaving

Payment of the government public assistance on leaving and covering of expenses on its delivery are performed at the expense of means of the government budget".

5. In the Law of Ukraine "About employment of the population" (Sheets of the Verkhovna Rada of Ukraine, 2013, No. 24, Art. 243 with subsequent changes):

1) in Article 14:

add part one with Item 9 of the following content:

"9) idle able-bodied persons which receive the government public assistance to needy families";

the paragraph one of part two after words "the Law of Ukraine "On bases of social security of persons with disability in Ukraine" to add with words and figure "and persons specified in Item 9 parts one of this Article";

Part the second Article 24 to add 2) with Item 7 of the following content:

"7) creation of incentives for integration on the labor market of idle able-bodied persons from among members of needy families".

II. Final provisions

1. This Law becomes effective since July 1, 2020, except the subitem 4 of Item 3 and item 4 of the Section I of this Law which become effective from the date of, the publication of this Law following behind day and are applied since January 1, 2020.

2. To the Cabinet of Ministers of Ukraine:

1) in six-months time from the date of publication of this Law:

bring the regulatory legal acts into accord with this Law;

provide reduction by the ministries and other central executive bodies of their regulatory legal acts in compliance with this Law;

2) to include information on accomplishment of this Law in the report on the course and results of accomplishment of the Program of activities of the Cabinet of Ministers of Ukraine for 2020.

 

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