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

of December 28, 2022 No. 528

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 health and social development of the Republic of Kazakhstan of December 18, 2014 No. 330 "About approval of Rules of subsidizing of compulsory pension contributions to receivers of social payments on case of loss of the income in connection with child care of age of one year on reaching it from the State Social Insurance Fund"

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:

state Item 1 in the following edition:

"1. These rules of calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewals, the termination and implementation of social payments from the State Social Insurance Fund (further – Rules) are developed according to the subitem 12) of article 10 of the Law of the Republic of Kazakhstan "About compulsory social insurance" (further – the Law), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund.

In case of modification and (or) amendments in these rules regarding rendering the state service the central executive body within three working days after state registration of the order which provides modification and (or) amendments informs The Government for Citizens State corporation, the operator of information and communication infrastructure of "the electronic government", Single contact center and authorized body on control in the field of compulsory social insurance on the made changes and (or) additions.";

to state subitem 3-1) of Item 2 in the following edition:

"3) the payer of social assignments (further – the payer) – the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

3-1) payer of single payment – the tax agent determined by article 776-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)";

5) Item 3 to state the subitem in the following edition:

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

state corporation;

portal;

subscriber structure of cellular communication.

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 and a half years 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 and a half years 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, or the electronic document from service of digital documents (for identification) (in case of the request for purpose of social payments of persons having the status of kandas the certificate of kandas, or the electronic document from service of digital documents (for identification is provided), and also:

1) on case of loss of the supporter:

death certificates of the supporter (or the reference containing data from civil registrations about death, or the notification on death received by means of the web portal of "the electronic government") or or the judgments 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), certificates of birth of child(children) of the died supporter and about the conclusion (termination) of scrap (matrimony), about adoption (adoption), about paternity proof (motherhood) or the electronic document from service of digital documents (for identification):

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);

the document on establishment of guardianship or custody or the electronic document from service of digital documents (for identification);

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 and a half years on reaching it:

evidences (certificates) on the child's birth (children) or the electronic document from service of digital documents (for identification), (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 and a half years);

evidences (certificates) on the death of child(children), (or the reference containing data from civil registrations about death, or the notification on death received by means of the web portal of "the electronic government")".;

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

"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 and a half years on reaching it), the applicant is instantly handed the receipt on refusal in documents acceptance in form according to appendix 11 to these rules.";

fifteen parts one of Item 14 to state the paragraph in the following edition:

"on case of loss of the income in connection with child care of age of one and a half years 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.";

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 on refusal in purpose of social payments (further – the decision).

In case of identification of the bases for refusal in purpose of social payments the branch of fund sends to uslugopoluchatel the notification on the provisional solution, and in case of lack of number of the subscriber structure of cellular communication to EMD, through department of the State corporation, according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK).

Objections of uslugopoluchatel according to the provisional solution are accepted by branch of fund within 2 (two) working days from the date of its obtaining.

At the same time, if at the scheduled time the uslugopoluchatel does not provide and does not state oral objection, it is equivalent to lack of objection to the provisional solution.

In case of provision or expression of oral objection of uslugopoluchatel according to the provisional solution the branch of fund sends to the applicant the notification on time and the venue of hearing.

The objection of uslugopoluchatel given in oral form is entered in the protocol of hearing.

By results of hearing the branch of fund makes the decision on appointment or on refusal in purpose of social payments.

At the same time in case of the address of uslugopoluchatel through the State corporation the branch of fund sends result of the state service to the State corporation through lock of "the electronic government".";

state Item 20 in the following edition:

"20. The bases for check by branches of fund of reliability of documents (data) necessary for purpose of social payments, are:

untimely and (or) incomplete receipt of social assignments;

discrepancy of paid amounts of social assignments to the income of the worker and (or) the income of the individual entrepreneurs and persons who are engaged in private practice and also Chapters country or farms according to the transferred amounts of compulsory pension contributions;

discrepancy of documents and data in IS of state bodies.

For this purpose the branch of fund within four working days sends inquiries, including by means of IS, to state bodies and the relevant organizations, to the payer, the payer of single payment.

The branch of fund checks the fact of income acquisition from which social assignments from individual entrepreneurs, country or farms, limited liability partnerships, persons who are engaged in private practice in case of purpose of social payments by request of the supporting document (documents) at the applicant arrived.

At the same time treat supporting documents:

the statement on maps account with turnovers on cash flow on the salary project of physical person conforming to requirements of the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 219;

– the statement according to the bank account with turnovers of cash flow of the individual entrepreneur conforming to requirements of the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 219;

- the cash payment order and (or) the copy of the pay-sheet of salary accrual of the worker provided in forms according to appendices 2 and 9 to the order of the Minister of Finance of the Republic of Kazakhstan of December 20, 2012 No. 562.

At the same time about the occurred delay in decision making about purpose of social payments and renewal terms of decision making, but no more than for one month, from the date of the EMD direction on check the applicant is informed in writing by department of the State corporation.

The department of the State corporation within five working days from the date of receipt of the electronic notification from branch of fund informs the applicant:

in case of the personal address of the applicant by delivery of the notification on verification of documents according to appendix 24 to these rules;

in the presence in IS of number of the mobile phone by means of Short Message Service broadcast (Shorts message service) messages (further – SMS notifications) on the mobile phone of the applicant;

SMS notifications about verification of documents are registered in the magazine of SMS notifications in form according to appendix 25 to these rules.";

in Item 28:

the fourth to state part in the following edition:

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