RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 6, 2006 No. 1149

About attendance allowance for the disabled person of the I group or person who reached 80-year age

Based on part two of item 4 of article 13 of the Law of the Republic of Belarus of December 13, 2023 "About change of the laws concerning social servicing and social payments" the Council of Ministers of the Republic of Belarus DECIDES: No. 318-Z

1. Approve Regulations on procedure for appointment and allowance payment on care of the disabled person of the I group or person which reached 80-year age it (is applied).

2. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of October 13, 1999 No. 1577 "About attendance allowances for the disabled people of the I group or persons who reached 80-year age" (The national register of legal acts of the Republic of Belarus, 1999, No. 82, 5/1811).

3. To the Ministry of Labour and Social Protection to bring the regulatory legal acts into accord with this resolution.

4. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 6, 2006 No. 1149

Regulations on procedure for appointment and allowance payment on care of the disabled person of the I group or person which reached 80-year age

Chapter 1. General provisions

1. This Provision determines procedure and conditions of appointment and allowance payment on care of the disabled person of the I group or person which reached 80-year age (further, unless otherwise specified, – attendance allowance).

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" and also the following terms and their determinations are used:

the disabled persons of the I group or person who reached 80-year age, needing permanent care – the Republic of Belarus which is constantly living in the territory of the Republic of Belarus the citizen, the foreign citizen or the stateless person which establishes the I group of disability or which reached age of 80 years also are more senior, and their needs in permanent care are confirmed with the conclusion of medico-rehabilitation commission of experts, the individual program of rehabilitation, abilitation of the disabled person, the medical and consulting commission of the organization of health care (further, unless otherwise specified, – the citizen needing permanent care);

person performing leaving – the Republic of Belarus which is constantly living in the territory of the Republic of Belarus the citizen, the foreign citizen or the stateless person which reached 16 years, but is not more senior than 70 years performing permanent care of the disabled person of the I group or person which reached 80-year age;

the body paying attendance allowance – management (department) of work, employment and social protection of city, district executive committee, management (department) of social protection of local administration of the area in the city (further – body for work, employment and social protection);

the receiver of attendance allowance – person performing leaving to which it is granted and the attendance allowance is paid;

permanent care – set of the actions for rendering the daily help directed to requirements satisfaction, providing life activity of the citizen needing permanent care, arising more than once in days (personal hygiene, clothing, meal and another), maintenance of optimum level of its physical, mental and emotional wellbeing, providing safe conditions of accommodation.

3. The size of attendance allowance is estimated from the largest size of the budget of the subsistence minimum on average per capita approved by the Ministry of Labour and Social Protection for two last quarters (further – the budget of subsistence minimum) in the following sizes:

when implementing permanent care of one disabled person of the I group or person which reached 80-year age – in the amount of 100 percent of the budget of subsistence minimum;

when implementing permanent care at the same time of two and more disabled people of the I group and (or) persons who reached 80-year age – in the amount of 120 percent of the budget of subsistence minimum.

4. On leaving the persons performing care of the citizens needing permanent care, and conforming to the requirements provided in Items 5-7 of this provision have entitlement to benefit.

The decision on purpose of attendance allowance is made by the commission to destination of pensions of city, district executive committee, local administration of the area in the city at the place of residence (the place of stay) of the citizen needing permanent care (further, unless otherwise specified, – the commission).

5. To mother, the father, the son, the daughter, the spouse or the spouse, the guardian (custodian) of the citizen needing permanent care performing such leaving, the attendance allowance is granted and paid provided that they are not busy according to part two of Item 6 of this provision or are busy with the following provisions:

work according to the employment contract on the terms of part-time (no more than a half of normal duration of working hours totally) for one or several employers or perform work on the employment contract on the terms of part-time (no more than a half of normal duration of working hours) at one employer at home;

are registered as the individual entrepreneur and do not perform activities in connection with stay in the course of the activities termination;

are individual entrepreneurs, lawyers whose related activity is suspended according to the procedure, established by the legislation;

are notaries whose powers are suspended;

are on the academic vacation in the place of training.

6. To the persons performing care of the citizens needing permanent care, which are not specified in paragraph one of Item 5 of this provision, the attendance allowance is granted and paid in cases if they are not busy according to part two of this Item.

Busy persons are understood as citizens who:

work according to employment contracts, except for persons which are on child care leave before achievement of age by it 3 years;

perform works on civil agreements which subject is performance of works, rendering services and creation of intellectual property items (further, unless otherwise specified, – the civil agreement);

are registered as individual entrepreneurs;

have the certificate on implementation of notarial activities;

are lawyers;

are owners of property (founders, participants) of the legal entity and perform functions of the head of this legal entity;

pass military or alternative service, and also service in law-enforcement bodies, the Investigative Committee, the State committee of judicial examinations, bodies of financial investigations of the State Control Committee, bodies and divisions on emergency situations, except for persons who are on the social child care leave granted to the military personnel, faces of the private and the commanding structure of law-enforcement bodies, the Investigative Committee, the State committee of judicial examinations, bodies of financial investigations of the State Control Committee, bodies and divisions for emergency situations in the place of military service, service;

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