Interim Measures for Social Assistance

Interim Measures for Social Assistance

Chapter 1? General Rules

Article 1? In order to strengthen social assistance, safeguard the basic livelihood of citizens, promote social equity, and maintain social harmony and stability, in accordance with the Constitution, the formulation of these Measures.

Article 2? Social assistance system adheres to the bottom line, emergency relief, sustainable, and other social security system, social assistance level with the level of economic and social development.

Social assistance should follow the principles of openness, fairness, justice and timeliness.

Article 3? The civil affairs department of the State Council to coordinate the construction of the national social assistance system. The State Council departments of civil affairs, health planning, education, housing and urban-rural development, human resources and social security, in accordance with their respective responsibilities for the corresponding social assistance management.

Local people's governments at or above the county level, such as civil affairs, health, education, housing and urban-rural development, human resources and social security departments, in accordance with their respective responsibilities for the corresponding social assistance management in the administrative area.

The administrative departments listed in the first two paragraphs are collectively referred to as the social assistance administration.

Article 4? Township people's governments and street offices are responsible for accepting applications for social assistance, investigating and reviewing, and the specific work is undertaken by the social assistance agencies or operators.

Village committees, resident committees to assist in the work of social assistance.

Article 5? People's governments at or above the county level shall incorporate social assistance into the national economic and social development planning, establish and improve the government leadership, led by the civil affairs departments, the relevant departments to cooperate with the social forces involved in the coordination mechanism of social assistance work, improve the social assistance funds, material security mechanism, the government will arrange for social assistance funds and social assistance funds into the fiscal budget.

Social assistance funds are managed in a special way, accounted for in separate accounts, and earmarked for specific purposes, and no unit or individual may misappropriate them. Payment of social assistance funds, in accordance with the relevant provisions of the financial treasury management.

Article 6? People's governments at or above the county level shall, in accordance with the national unified planning to establish a social assistance management information system to achieve social assistance information interoperability, resource **** enjoy.

Article 7? The state encourages and supports social forces to participate in social assistance.

Article 8? For units and individuals who have made remarkable achievements in social assistance work, in accordance with the relevant provisions of the state to give recognition and reward.

Chapter II? Minimum subsistence guarantee

Article 9? The state to *** live with the family members per capita income is lower than the local minimum subsistence guarantee standard, and in line with the provisions of the local minimum subsistence guarantee family property status of the family, to give the minimum subsistence guarantee.

Article 10? The minimum subsistence guarantee standard, by the province, autonomous region, municipality directly under the Central Government or the municipal people's government of the district in accordance with the cost of living of local residents to determine, announce, and adjusted in accordance with the level of local economic and social development and price changes in due course.

The methods for determining the income status and property status of families with minimum subsistence guarantee shall be formulated by the people's governments at the provincial, autonomous regions, municipalities directly under the central government or municipalities with districts in accordance with the relevant state regulations.

Article 11? Application for minimum subsistence guarantee, in accordance with the following procedures:

(a) by *** living with the family members of the township people's government, the street office of the domicile of the written application; family members have difficulties in applying for the application can be entrusted to the villagers' committee, the residents' committee to apply on behalf of the application.

(2) township people's governments, street offices should be through household surveys, neighborhood visits, letters for evidence, mass deliberation, information verification, etc., the applicant's family income status, property status of the investigation and verification, put forward the first review of the views of the applicant's village, the community publicity reported to the people's government of the county-level civil affairs departments for approval.

(C) the civil affairs departments of the people's governments at the county level after examination, the eligible applications to be approved, and announced in the applicant's village, community; do not meet the conditions of the application will not be approved, and explain the reasons in writing to the applicant.

Article 12? Approved to obtain the minimum subsistence guarantee family, the civil affairs departments of the people's governments at the county level in accordance with the *** live with the family members of the average per capita income lower than the local minimum subsistence guarantee standard difference, monthly minimum subsistence guarantee payments.

For the elderly, minors, persons with severe disabilities and persons with severe diseases who still have difficulties in life after obtaining the minimum subsistence guarantee, local people's governments at or above the county level shall take the necessary measures to give livelihood protection.

Article 13? Changes in the demographic status, income status, and property status of a family with minimum subsistence guarantee shall be promptly notified to the township people's government or street office.

The civil affairs departments of the people's governments at the county level, as well as the people's governments of townships and townships, and the street offices, shall regularly verify the demographic, income, and property status of the families receiving the minimum subsistence guarantee.

The civil affairs departments of the people's governments at the county level shall decide in a timely manner to increase, decrease or suspend the minimum subsistence allowance if there are changes in the demographic, income or property status of the families receiving the minimum subsistence allowance; if it is decided that the minimum subsistence allowance will be suspended, the reasons for the decision shall be explained in writing.

Chapter 3? Support for Persons in Special Hardships

Article 14? The State shall provide for the support of persons in special hardship for the elderly, persons with disabilities, and minors under 16 years of age who are unable to work, have no source of livelihood, and have no legal obligation to support, maintain, or support them, or whose legal obligation to support, maintain, or support them does not have the ability to support, maintain, or support them.

Article 15? The contents of the special hardship assistance include:

(a) providing basic living conditions;

(b) providing care for those who cannot take care of themselves;

(d) handling funeral and burial matters.

The standard of support for special hardship cases is determined and announced by the people's governments of provinces, autonomous regions, municipalities directly under the central government, or municipalities with districts.

The support of special hardship cases should be linked with the basic pension insurance for urban and rural residents, basic medical insurance, minimum subsistence guarantee, basic life guarantee for orphans and other systems.

Article 16? To apply for special hardship assistance, the person shall apply in writing to the township people's government or street office of the place where the household is registered; if the person has difficulties in applying, he or she may entrust the villagers' committee or residents' committee to make the application on his or her behalf.

The approval procedures for the support of special hardship cases shall be governed by the provisions of Article 11 of these Measures.

Article 17? Township people's governments, street offices shall keep abreast of the living conditions of the residents, found to meet the conditions of the special hardship to support the people, shall take the initiative to support them according to law.

Article 18? Special hardship dependents no longer meet the conditions of support, the villagers' committee, residents' committee or support services shall inform the township people's government, the street office, the township people's government, the street office review and report to the civil affairs department of the people's government at the county level approval, termination of the support and to be publicized.

Article 19? Special hardship dependents can be centralized in the local support services, can also be decentralized at home. Special hardship dependents may choose their own form of support.

Chapter IV. Relief for Disaster Victims

Article 20? The state establishes and improves the natural disaster relief system, and provides livelihood assistance to those whose basic lives are seriously affected by natural disasters.

Natural disaster relief implementation of local management, hierarchical responsibility.

Article 21? The people's governments at or above the municipal level and the people's governments at the county level in areas prone to natural disasters shall, in accordance with the characteristics of natural disasters, the size and distribution of the resident population, set up a natural disaster relief materials reserve, to ensure the emergency supply of relief materials after the occurrence of natural disasters.

Article 22? After the occurrence of natural disasters, the people's governments at or above the county level or the people's government of natural disaster relief emergency coordination agencies shall, according to the situation of the emergency evacuation, transfer, resettlement of disaster-stricken people, and timely provision of necessary food, drinking water, clothing, heating, temporary shelter, medical and epidemic prevention and other emergency relief for disaster-stricken people.

Article 23? After the disaster is stabilized, the people's government at or above the county level in the affected area shall assess, approve and release the natural disaster damage.

Article 24? The people's governments in the affected areas shall, under the premise of ensuring safety, the housing damage to the affected persons for transitional resettlement.

Article 25? After the elimination of natural disaster risk, the people's governments of the affected areas, such as civil affairs departments shall promptly verify the administrative region of the residents of housing restoration and reconstruction of subsidized objects, and give funds, materials and other assistance.

Article 26? After the occurrence of natural disasters, the people's governments of the affected areas shall provide basic living assistance to those affected by the winter cold of the year or the following year's spring famine encountered living difficulties.

Chapter V? Medical assistance

Article 27? The state to establish and improve the medical assistance system, to ensure that the medical assistance recipients access to basic medical and health services.

Article 28? The following people can apply for relevant medical assistance:

(a) the minimum subsistence guarantee family members;

(b) special hardship support staff;

Article 29? Medical assistance in the following ways:

(a) the aid object to participate in the basic medical insurance for urban residents or the new rural cooperative medical care of individual contributions, subsidies;

(b) the aid object by the basic medical insurance, major illness insurance and other supplementary medical insurance payment, individuals and their families are difficult to bear the basic medical out-of-pocket expenses in line with the provisions of the subsidies.

Medical assistance standards, by the people's governments at or above the county level in accordance with the level of economic and social development and medical assistance funds to determine and publicize.

Article 30? Application for medical assistance shall be submitted to the township people's government, street offices, after examination and publicity, by the people's government at the county level, the civil affairs department for approval. The medical assistance for the minimum subsistence guarantee family members and special hardship dependents shall be handled directly by the civil affairs departments of the people's governments at the county level.

Article 31? The people's governments at or above the county level shall establish and improve the medical expenses settlement mechanism that connects medical assistance with basic medical insurance and major disease insurance, and provide convenient services for medical assistance recipients.

Article 32? The state establishes a disease emergency relief system, the need for first aid but the identity of the patient is unknown or unable to pay for first aid emergency relief for patients with acute and serious injuries and illnesses. Compliance with the provisions of the emergency relief costs paid by the emergency relief fund.

The emergency relief system should be linked with other medical insurance system.

Chapter VI? Education assistance

Article 33? The state shall provide educational assistance to members of the minimum subsistence guarantee family and special hardship supporters who are attending the compulsory education stage.

For members of families with minimum guarantees for a living, special hardship case supporters, and children with disabilities who are unable to enroll in compulsory education at the stage of senior high school education (including secondary vocational education) and ordinary higher education, appropriate educational assistance shall be provided in accordance with the actual situation.

Article 34? Educational assistance according to the needs of different educational stages, take the relevant fees, grants, grants, living subsidies, arranged for hard work and other ways to implement, to protect the basic learning and living needs of the educational assistance recipients.

Article 35? Educational assistance standards, by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the level of economic and social development and the basic learning and living needs of educational assistance to determine, announced.

Article 36? Application for educational assistance, shall be in accordance with the relevant provisions of the state to the school attended, in accordance with the prescribed procedures for examination and confirmation, by the school in accordance with the relevant provisions of the state.

Chapter 7? Housing assistance

Article 37? The state provides housing assistance to the minimum subsistence guarantee families and special hardship cases with decentralized support that meet the prescribed standards of housing difficulties.

Article 38? Housing assistance is implemented through the allocation of public **** rental housing, housing rental subsidies, rural housing reconstruction and other means.

Article 39? Housing difficulties and assistance standards, by the local people's governments at or above the county level, according to the level of economic and social development of the administrative region, housing price levels and other factors to determine and publicize.

Article 40? Urban families applying for housing assistance, shall be through the township people's government, street offices or directly to the county-level people's government housing security department, by the county-level people's government civil affairs department to review the family income, property status and the county-level people's government housing security department to review the status of the family's housing and publicity, the applicant meets the conditions of the application, by the county-level people's government housing security department to prioritize the protection.

Rural families applying for housing assistance, in accordance with the relevant provisions of the people's governments at or above the county level.

Article 41? The people's governments at all levels shall, in accordance with the provisions of the state, provide guarantees for the implementation of housing assistance through financial input, land supply and other measures.

Chapter 8? Employment assistance

Article 42? The state provides employment assistance to members of minimum living standard guarantee families who are capable of working and are unemployed, through methods such as loan subsidies, social insurance subsidies, job subsidies, training subsidies, fee reductions and exemptions, and placement in public welfare positions.

Article 43? Minimum subsistence guarantee family members with the ability to work are unemployed, the local people's governments at or above the county level shall take targeted measures to ensure that at least one person in the family is employed.

Article 44? Application for employment assistance shall be made to the street or community public **** employment service organization at the place of residence, and the public **** employment service organization shall be registered after verification, and provide employment services such as job information, job introduction and vocational guidance free of charge.

Article 45? The minimum subsistence guarantee family members who have the ability to work but are not employed shall accept the work introduced by the relevant departments of human resources and social security; without justifiable reasons, for three consecutive times, refused to accept the introduction of the work appropriate to their state of health, ability to work, etc., the civil affairs departments of the people's governments at the county level shall decide to reduce or suspend the issuance of the minimum subsistence guarantee for their own.

Article 46? Employers who absorb employment assistance recipients shall enjoy employment support policies such as social insurance subsidies, tax incentives, and small guaranteed loans in accordance with relevant state regulations.

Chapter 9? Temporary relief

Article 47? The State shall grant temporary relief to families whose basic livelihood is temporarily in serious difficulty due to accidents such as fires or traffic accidents, or sudden major illnesses of family members, or to families covered by the minimum subsistence guarantee whose basic livelihood is temporarily in serious difficulty due to a sudden increase in the expenditure on the necessities of life beyond the family's ability to bear, as well as to families experiencing other special difficulties.

Article 48? Application for temporary relief shall be made to the township people's government, the street office, after examination and publicity, by the civil affairs department of the people's government at the county level for examination and approval; the amount of relief is small, the civil affairs department of the people's government at the county level can entrust the township people's government, the street office for examination and approval. In case of emergency, the approval procedures can be simplified in accordance with the provisions.

Article 49? Temporary relief of specific matters, standards, by the local people's governments at or above the county level to determine and publicize.

Article 50? The state provides temporary food and lodging, emergency medical treatment, and assistance in returning to the homeless and beggars.

Article 51? The public security organs and other relevant administrative organs of the staff in the performance of official duties found vagrant, begging people, shall inform them to the rescue management organization for help. For the disabled, minors, the elderly and other persons with limited mobility among them, they shall be guided and escorted to the relief management institutions; for persons with sudden acute illnesses, they shall immediately notify the emergency services for treatment.

Chapter X? Participation of Social Forces

Article 52? The state encourages units and individuals and other social forces to participate in social assistance through donations, the establishment of help programs, the creation of service organizations, and the provision of volunteer services.

Article 53? Social forces to participate in social assistance, in accordance with the relevant provisions of the State to enjoy financial subsidies, tax incentives, fee reductions and exemptions and other policies.

Article 54? Local people's governments at or above the county level can purchase services from social forces through entrustment, contracting, procurement and other means for specific service matters in social assistance.

Article 55? Local people's governments at or above the county level shall give full play to the role of social work service organizations and social workers to provide social assistance recipients with professional services such as social integration, capacity enhancement and psychological guidance.

Article 56? Social assistance management departments and related organizations shall establish mechanisms and channels for social forces to participate in social assistance, provide information on social assistance projects and needs, and create conditions and facilities for social forces to participate in social assistance.

Chapter 11? Supervision and Administration

Article 57? The people's governments at or above the county level and their social assistance management departments shall strengthen the supervision and inspection of social assistance work, and improve the relevant supervision and management system.

Article 58? Families that apply for or have received social assistance shall truthfully declare their family income status and property status in accordance with the regulations.

The civil affairs departments of the people's governments at or above the county level may, at the request or commission of the families applying for or having received social assistance, inquire and verify their family income and property status on behalf of the families through the household registration management, taxation, social insurance, real estate registration, industrial and commercial registration, housing provident fund management, automobile and ship management, and financial institutions, such as banks, insurance companies and securities institutions; the relevant units and financial institutions shall cooperate with them. cooperate.

The civil affairs departments of the people's governments at or above the county level shall establish a platform for checking the economic status of families applying for and receiving social assistance, and provide a basis for reviewing and identifying social assistance recipients.

Article 59? People's governments at or above the county level social assistance management departments and township people's governments, street offices in the performance of social assistance duties, can access, record, copy and social assistance matters related to the information, ask the social assistance matters related to the units, individuals, and require them to explain the relevant situation, provide relevant supporting materials. The relevant units, individuals shall truthfully provide.

Article 60? Application for social assistance shall be made in accordance with the provisions of these measures; the applicant is difficult to determine the management of social assistance, you can first to the social assistance agency or the civil affairs department of the people's government at the county level for assistance. The social assistance agency or the civil affairs department of the people's government at the county level shall, upon receipt of the request for assistance, promptly handle or refer it to other social assistance management departments for handling.

Township people's governments, street offices shall establish a unified window to accept social assistance applications, timely acceptance and referral of applications.

Article 61? Perform social assistance duties of the staff of the social assistance work known to the citizens of personal information, except in accordance with the provisions of the information should be made public, shall be kept confidential.

Article 62? The people's governments at or above the county level and their social assistance management departments shall publicize social assistance laws, regulations and policies through the press, radio, television, the Internet and other media.

The people's governments at the county level and their social assistance management departments shall, through the public **** inspection room, information request points, information bulletin boards and other ways to facilitate public awareness, timely disclosure of social assistance funds, materials, management and use of the situation, and accept social supervision.

Article 63? The exercise of authority by staff performing social assistance duties shall be subject to social supervision.

Any unit or individual has the right to report or complain to the staff performing social assistance duties in the work of social assistance violations. The authority receiving the report or complaint shall promptly verify and deal with it.

Article 64? People's governments at or above the county level, the financial department, the audit authorities in accordance with the law on social assistance funds, materials, the collection, distribution, management and use of supervision.

Article 65? The family or person who applies for or has received social assistance, the social assistance administration department to make specific administrative action is not satisfied, may apply for administrative reconsideration or administrative litigation in accordance with the law.

Chapter XII? Legal Responsibility

Article 66? Violation of the provisions of these measures, one of the following circumstances, the higher administrative organ or supervisory organ shall order rectification; the directly responsible officer in charge and other directly responsible personnel shall be given sanctions in accordance with the law:

(a) to meet the eligibility requirements of the application for assistance is not accepted;

(b) to meet the eligibility requirements of the application for assistance is not approved;

(c) to the conditions of the application for assistance is not met (d) Disclosure of personal information of citizens known in the course of work, resulting in consequences;

(e) Loss or alteration of data on the receipt of social assistance funds, service records, etc.

(f) Failure to comply with the provisions of the distribution of social assistance funds, materials or the provision of related services;

(g) Other abuses of power in the course of fulfilling the duties of social assistance, (7) In the performance of social assistance duties in the process of other abuse of power, dereliction of duty, favoritism and malpractice.

Article 67? Violation of the provisions of these Measures, the retention, squatting, misappropriation, private distribution of social assistance funds and materials, the relevant departments shall order the recovery; illegal income, the confiscation of the illegal income; on the directly responsible persons in charge and other directly responsible persons shall be given sanctions.

Article 68? Adopt misrepresentation, concealment, forgery and other means to fraudulently obtain social assistance funds, materials or services, the relevant departments shall decide to stop social assistance, and order the return of the illegally obtained assistance funds and materials, and may impose a fine of more than one and less than three times the value of the illegally obtained assistance funds or materials; constitutes a violation of public security administration, shall be given public security administration penalties in accordance with the law.

Article 69? Violation of the provisions of these Measures, constitutes a crime, shall be investigated for criminal responsibility.