of July 14, 2005 No. P-187/2005
About enhancement of the legislation on allowance payment on temporary disability
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Kenik K. I., Sarkisova E. A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered addresses of citizens on the questions concerning allowance payment on temporary disability established the following.
According to article 1 of the Law of the Republic of Belarus "About bases of the national social insurance" (further - the Law) the national social insurance represents system of pensions, benefits and other payments to citizens of the Republic of Belarus at the expense of means of the state insurance funds in the cases provided by the Law.
By part one of article 11 of the Law it is determined that conditions, the sizes and procedure for appointment and implementation of payments for the national social insurance are determined according to the legislation regulating questions of the national social insurance on the appropriate insured event.
The procedure for providing with temporary disability benefits (except temporary disability benefits in connection with labor accidents and occupational diseases) is determined in Regulations on procedure for providing with temporary disability benefits and by pregnancy and childbirth, No. 1290 approved by the resolution of Council of Ministers of the Republic of Belarus of September 30, 1997 (in edition of the resolution of Council of Ministers of the Republic of Belarus of April 4, 2002 No. 421, with amendments and changes of December 12, 2003 No. 1606) (further - the Provision).
The general procedure for calculation of temporary disability benefits is provided in Item 31 of the Provision according to which benefits are estimated from daily average (hourly average) earnings for 2 calendar months preceding month in which there came temporary disability, maternity leave.
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