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

of January 31, 2022 No. 36

About modification and amendments in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 8, 2020 No. 217 "About approval of Rules of calculation (determination) of the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund" and in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 11, 2020 No. 224 "About some questions of system of social insurance and rendering the state services in the social and labor sphere"

I ORDER:

1. Bring in the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 8, 2020 No. 217 "About approval of Rules of calculation (determination) of the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund" (it is registered in the Register of state registration of regulatory legal acts for No. 20838) the following changes and amendments:

in Rules of calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of the social payments from the State Social Insurance Fund approved by the specified order:

in Item 2:

add with subitem 6-1) of the following content:

"6-1) administrative authority - state body, local government body, the state legal entity, and also other organization which according to the laws of the Republic of Kazakhstan are given authority on adoption of the administrative act, making of administrative action (failure to act);";

8) to state the subitem in the following edition:

"8) AIS "E-prototype" - the automated information system "Electronic Purpose of Retirement Benefits and Benefits" of the central executive body (further - AIS "E-prototype");";

19) to state the subitem in the following edition:

"19) the central executive body - the state body performing management in the field of social protection of the population, regulation, control functions behind activities of fund;";

add with subitem 20-1) of the following content:

"20-1) Service of digital documents are the object of information and communication infrastructure of "the electronic government" assigned to the operator and intended for creation, storage and use of electronic documents for the purpose of realization of the state functions and the state services following from them and also in case of interaction with physical persons and legal entities, obtaining and rendering services electronically.";

add with subitem 21-1) of the following content:

"21-1) state information portals "Electronic employment exchange" - the information system containing single information base of the labor market;";

state Item 3 in the following edition:

"3. Persons having the right to social payments (further - uslugopoluchatel), address at the place of residence with the identity document, and the statement in forms, according to appendices 1, of 2, 4 and 5 these rules in fund:

1) behind purpose of social payment to disability case:

through division of medico-social examination - in case of primary establishment of extent of loss of general working capacity;

through the State corporation in case of establishment of extent of loss of general working capacity at the time of the address.

At the same time, the uslugopoluchatel submits the application by the principle of "one statement" according to appendix of 3 Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments approved by the order of the Minister of health and social development of the Republic of Kazakhstan of April 14, 2015 No. 223 (it is registered in the Register of state registration of regulatory legal acts for No. 11110).

At the same time reception of an application is performed:

in the location of division of medico-social examination of the respective region;

at field meetings:

based on treatment and prevention facilities at the permanent address (registration) of uslugopoluchatel;

in the location on treatment in specialized agencies;

in correctional facilities and pre-trial detention centers, in the place of stay of uslugopoluchatel;

at home, in hospital - if person for health reasons according to the conclusion of the medical and advisory commission cannot be for medico-social examination;

in absentia - when osvidetelstvuyemy person is nontransportable and/or is on hospitalization outside the serviced region, based on the submitted documents determined by the standard of the state service "Purpose of Social Payment to Disability Case" with the consent of osvidetelstvuyemy person or the legal representative;

2) behind purpose of social payment to case of loss of the supporter through the State corporation.

At the same time person having the right to share of social payment to case of loss of the supporter addresses to department of the State corporation at the place of residence;

3) behind purpose of social payment to case of loss of work through:

the state corporation (in the presence of data on registration as the unemployed);

jobcenter - in case of registration of person, as the unemployed and the request by the principle of "one statement" for purpose of social payment to work loss case;

the portal - in the presence of data on registration as the unemployed;

the Elektronnaya Birzha Truda portal in case of registration as the unemployed on the specified portal;

4) behind purpose of social payment to case of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) through the State corporation;

5) behind purpose of social payment to case of loss of the income in connection with child care of age of one year on reaching it through:

state corporation;

portal.

At the same time the request for purpose of social payment to case of loss of the income in connection with child care of age of one year on reaching it can be performed by the principle of "one statement" in case of receipt of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration". Consideration of the application on purpose of social payment to case of loss of the income in connection with child care of age of one year on reaching it is performed after registration of the birth of the child.";

state Item 7 in the following edition:

"7. In case of approach of social risks purpose of social payment is performed based on the statement (including electronic) and the identity document for identification (in case of the request for purpose of social payments of persons having the status of kandas the certificate of kandas is provided), and also:

1) on case of loss of the supporter:

death certificates of the supporter or the judgment about recognition of person it is unknown absent or about the announcement the dead;

the documents confirming the related relations with the dead (acknowledged court it is unknown the absent or announced dead), the certificate of birth of child(children) of the died supporter and about the conclusion (termination) of scrap (matrimony), about adoption (adoption), about paternity proof (motherhood):

references from the organization of secondary, technical and professional, postsecondary, higher and (or) postgraduate education that family members aged from eighteen up to twenty three years are studying or studying full-time in form according to appendix 31 to these rules (it is updated annually);

document on establishment of guardianship or custody;

2) on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children):

leaf (sheets) of temporary disability issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

3) on case of loss of the income in connection with child care of age of one year on reaching it:

evidences (certificates) on child(children) birth (or the reference containing data from civil registrations on the birth);

depending on their availability:

the statement from the judgment about adoption (adoption) of child(children) issued by the body performing functions on guardianship or custody (in cases of adoption (adoption) of child(children) aged up to one year);

evidences (certificates) on the death of child(children) (or the reference containing data from civil registrations on death).";

the second Item 11 to state part in the following edition:

"In case of the request of the applicant for purpose of social payment check on availability at the applicant of the fact of appointment or filing of application on purpose of the corresponding social payment, including on child(children) is performed.

In case of receipt of data from IS of the central executive body confirming the fact of purpose of the corresponding social payment or filing of application to purpose of the corresponding social payment (except cases of the termination of social payment on case of loss of the income in connection with child care of age of one year on reaching it), the applicant is instantly handed the receipt on refusal in documents acceptance in form according to appendix 11 to these rules.";

state Item 14 in the following edition:

"14. The specialist adopting the statement and documents creates requests in the corresponding IS through lock of "the electronic government":

in IS the State database "Physical persons" under identity documents of the applicant;

in IS of banks of the second level according to data on bank account number opened in the banks and (or) the organizations performing separate types of banking activities, or the control account of cash of correctional facility;

in case of the request for purpose of social payment:

on disability case - in IS "Centralized Databank of Persons Having Disability" according to certificates of establishment of extent of loss of general working capacity, of carrying out survey and establishment of group of disability;

on case of loss of the supporter:

in IS "RAGS" according to the certificate of birth of child(children) or the reference containing data from civil registrations on the birth on adoption (adoption) of child(children), about marriage or the reference containing data from civil registrations on scrap on the death of the supporter (acknowledged court it is unknown the absent or announced dead) about the death of child(children) or the reference containing data from civil registrations on death;

in IS "NOBD" according to data on training of dependents in full-time in the organizations of general secondary education, technical, professional, postsecondary, higher, postgraduate education;

in IS "Centralized Databank of Persons Having Disability" about carrying out survey and establishment of group of disability (in case children, including the adopted (adopted) brothers, sisters and grandsons who did not reach eighteen years are also more senior than this age, are recognized as disabled people since the childhood of the first or second group);

in IS "E-guardianship" according to the certificate of establishment of guardianship of establishment of guardianship (guardianship) over the child

on work loss case - in IS "Labor market" according to the reference of authorized body concerning employment about registration of the applicant as the unemployed;

on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children):

in IS "RBiZhF" according to leaf of temporary disability, issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

in IS "The Integrated Taxation Information System" according to data on state registration of the applicant as the individual entrepreneur, persons who are engaged in private practice, and also Chapters country or farms and in IS "The Centralized Unified Personal Accounts" according to the statement from personal account of the taxpayer about condition of calculations with the budget, and also on social payments, issued by bodies of state revenues, in form according to appendix 19 to the Rules of maintaining personal accounts approved by the order of the Minister of Finance of the Republic of Kazakhstan of February 27, 2018 No. 306 (it is registered in the Register of state registration of regulatory legal acts for No. 16601) (in case of the request for purpose of social payment to cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) by the individual entrepreneur, person who is engaged in private practice and also Chapter country or farm) for the last twelve calendar months, preceding month in which there came the right to social payment;

on case of loss of the income in connection with child care of age of one year on reaching it - in IS "RAGS" according to the certificate of birth of child(children) or the reference containing data from civil registrations on the birth on adoption (adoption) of child(children), about marriage or the reference containing data from civil registrations on scrap (in cases of change of surname of the parent containing in the received data), about the death of child(children) or the reference containing data from civil registrations on death.

In case of discrepancy (absence) of data in IS the relevant documents, except for data on bank account number are enclosed to the application.";

state Item 19 in the following edition:

"19. The branch of fund within four working days considers EMD with the draft decision and makes the decision on appointment (recalculation) or refusal in purpose of social payments (further - the decision).

The service provider sends to uslugopoluchatel the notification on the provisional solution in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK).

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