Article 1 In order to standardize the minimum living guarantee system for urban residents in our city and ensure the basic living of urban residents, these measures are formulated in accordance with the relevant provisions of the Regulations of the State Council on Minimum Living Guarantee for Urban Residents and the Implementation Measures of Jilin Province, combined with the actual situation of our city.
Article 2 The minimum living security system for urban residents as mentioned in these Measures refers to the social relief system that provides differential assistance to urban residents whose per capita household income is lower than the local minimum living security standard.
Article 3 These Measures shall apply to the minimum living guarantee for residents in cities (including towns) holding non-agricultural registered permanent residence within the administrative area of this Municipality.
The civil affairs department of the Fourth Municipal People's Government shall be specifically responsible for the organization and implementation of the management of the minimum living guarantee for urban residents within their respective administrative areas; County (city), District People's government civil affairs departments, street offices and Town People's government is responsible for the specific management and examination and approval of the minimum living guarantee for urban residents in this area.
Entrusted by the civil affairs department, the residents' (community) committee can undertake the handling and service of the minimum living guarantee for urban residents.
Development and reform, finance, statistics, auditing and other departments are responsible for the division of labor within their respective responsibilities, and do a good job in the work related to the minimum living guarantee for urban residents.
Article 5 The municipal, county (city), district people's governments and relevant departments shall help and take care of those who enjoy the minimum living guarantee for urban residents in employment, schooling, medical care, funeral, housing, heating and self-employment.
Residents who enjoy the minimum living guarantee for urban residents shall enjoy assistance and care with the "Certificate of Minimum Living Guarantee for Urban Residents" and "Certificate of Minimum Living Guarantee for Urban Residents" issued by the civil affairs department.
Article 6 The municipal, county (city) and district people's governments shall commend or reward organizations and individuals that have made remarkable achievements in the work of ensuring the minimum living standard for urban residents.
Article 7 The minimum living standard for urban residents shall be determined by the civil affairs department of the people's government of the city or county (city) jointly with relevant departments with reference to the expenses necessary for local urban residents to maintain their basic living.
The minimum living standard for urban residents can be adjusted according to the local economic development level, financial affordability and price fluctuation.
After the minimum living standard for urban residents is determined, the local people's government will announce it to the public through the news media in time.
Eighth sources of funds for the minimum living guarantee for urban residents include the funds included in the financial budget of the municipal, county (city) and district people's governments and the funds allocated by the central and provincial people's governments. The funds shall be specially managed and earmarked.
City, county (city), the District People's government civil affairs departments before the end of each year, put forward the next year's minimum living guarantee fund plan for urban residents, which will be included in the fiscal budget after being audited by the financial department at the same level; According to the approved departmental budget plan, the financial department will allocate funds to the special account of financial and social security subsidy funds on a quarterly basis and to the special account of urban residents' minimum living security funds on a monthly basis to ensure that the security funds are fully and timely allocated.
Audit institutions shall, in accordance with the relevant provisions of the state, audit the use of the minimum living guarantee funds for urban residents.
Article 9 In order to ensure the normal development of the minimum living guarantee for urban residents, the financial departments of the municipal, county (city) and district people's governments shall appropriately arrange the necessary working funds according to the actual situation of local work.
Tenth to apply for the minimum living allowance for urban residents, it shall truthfully provide the following actual family income:
(a) wages, bonuses, allowances, subsidies and other labor income;
(2) Retirement fees, basic pensions, unemployment insurance benefits, pensions, living expenses of employees' survivors, etc. ;
(three) savings deposits and interest, all kinds of securities and dividends;
(4) Income from renting or selling family assets;
(5) Alimony, alimony or alimony that should be paid by legal dependents, dependents and dependents;
(6) Inheritance and acceptance of gifts;
(seven) all kinds of compensation fees and one-time resettlement fees;
(eight) other family income that should be included in the civil affairs department of the city, county (city) and District People's government.
Eleventh family members are both from agricultural registered permanent residence and agricultural registered permanent residence, and only the minimum living standard for non-agricultural registered permanent residence family members is guaranteed. The income of working family members in agricultural registered permanent residence is included in the actual family income.
Twelfth the following income is not included in the actual family income:
(a) to make special contributions to the country, society and people, the government to give incentives, and the honorary allowance enjoyed by model workers at or above the provincial level after retirement;
(2) Pensions, subsidies, health care payments, preferential treatment payments and nursing fees enjoyed by the entitled groups in accordance with state regulations;
(3) Scholarships, student loans, temporary grants and donations in kind given or donated by the government and society to solve learning difficulties;
(four) the nursing expenses of the injured workers and the one-time pension and funeral expenses enjoyed by the relatives of the deceased workers;
(five) temporary relief funds given by social organizations and individuals and temporary relief funds issued by the civil affairs department of the local people's government;
(six) the housing provident fund and various insurance premiums paid by employees according to regulations;
(seven) the part of the personal injury compensation except the living expenses;
(8) Resettlement fee;
(nine) subsidies for special jobs that are harmful to physical and mental health;
(ten) the other should not be included in the income of the civil affairs departments of the city and county (city) and District People's governments.
Thirteenth residents who apply for the minimum living allowance for urban residents, the calculation of their actual family income should be based on all the monetary income and physical income of family members living together. If the family income of the applicant is unstable, it shall be calculated according to the family income of the applicant in the first 6 months. If it is a one-time income or seasonal income, it will be allocated to 6 months.
If there are flexible employees in the applicant's family, their income shall be determined according to the industry income evaluation standards determined by the county (city) and district people's governments.
Article 14 An applicant applying for the minimum living allowance for urban residents shall submit the following materials to the neighborhood (community) committee where the household registration is located:
(1) an application;
(2) Household registration book and identity card;
(3) proof of income of family members living together;
(four) other relevant certificates and materials that the civil affairs department deems necessary.
The residents' (community) committee shall inform the applicant of all the other certificates and materials that need to be provided at one time.
Fifteenth residents (community) committee shall, within 7 working days from the date of receiving the application submitted by the applicant, investigate and verify the actual situation of the applicant's family. For those who meet the requirements, the "Approval Form for the Application of Minimum Living Security for Urban Residents in Changchun City" will be issued to the applicant, and the applicant's name, family population, minimum living security amount for urban residents and actual family income will be publicized in this community. Publicity for 3 working days without objection, reported to the street office or the town people's government for preliminary examination; If there is any objection after publicity, it shall be investigated and verified again. Do not meet the application conditions, it shall explain the reasons in writing and give a reply.
If there is no neighborhood committee in the newly-built residential area, the minimum living guarantee for urban residents shall be borne by the local neighborhood office.
Article 16 Sub-district offices or town people's governments shall, within 6 working days, complete the preliminary examination of the "Application Form for Minimum Living Security for Changchun Residents" reported by neighborhood (community) committees, and submit relevant materials and preliminary examination opinions to the civil affairs departments of county (city) and district people's governments for examination and approval.
The civil affairs departments of the county (city) and District People's governments shall complete the examination and approval procedures within 7 working days from the date of receiving the application for the minimum living guarantee for urban residents in Changchun. In line with the conditions, the residents (community) Committee will be entrusted to publicize the examination and approval results for 7 working days. If there is no objection after publicity, the "Certificate of Minimum Living Guarantee for Urban Residents" will be issued; If there is any objection, it should be re-investigated and verified. If it does not meet the requirements, it shall notify the applicant in writing and explain the reasons.
Article 17 The minimum living allowance for urban residents shall be paid monthly in the form of currency. Residents who enjoy the minimum living allowance for urban residents shall receive it at the place designated by the civil affairs department of the county (city) and district people's government.
Article 18 Sub-district offices, town people's governments and residents' (community) committees shall make irregular inquiries about families enjoying the minimum living allowance for urban residents, and the civil affairs departments shall conduct regular sampling visits to families enjoying the minimum living allowance for urban residents.
If the actual family income changes, the civil affairs department shall handle the procedures for changing the minimum living allowance for urban residents in a timely manner in accordance with legal procedures, and publicize it at the location of the residents' (community) committee.
Nineteenth residents who enjoy the minimum living allowance for urban residents shall perform the following obligations during the period of enjoying the minimum living allowance:
(a) when the actual income of the family population or the family living with it changes, it shall inform the local civil affairs department through the residents' (community) committee within 7 days;
(two) the visiting personnel of the civil affairs department shall truthfully introduce the situation when making regular visits to their qualifications;
(three) have the ability to work within the age of employment, should take the initiative to obtain employment or accept the work introduced by the relevant departments;
(4) Other obligations stipulated by laws and regulations.
Twentieth residents who enjoy the minimum living allowance for urban residents have one of the following acts, and the civil affairs departments of the county (city) and District People's governments shall give criticism and education or give a warning to recover the minimum living allowance for urban residents; If the circumstances are serious, a fine of not less than/kloc-0 and not more than 3 times of the illegal amount shall be imposed. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) take false, concealment, forgery and other means to cheat to enjoy the minimum living allowance for urban residents;
(two) during the period of enjoying the minimum living allowance for urban residents, the family income has improved, and the local civil affairs department has not been informed as required, and continues to enjoy the minimum living allowance for urban residents.
Twenty-first if a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the relevant provisions of the Administrative Reconsideration Law of People's Republic of China (PRC) or the Administrative Procedure Law of the People's Republic of China. During the period of administrative reconsideration or administrative litigation, the execution of administrative punishment shall not be affected.
Twenty-second relevant units and their staff should actively cooperate with the investigation and verification of the minimum living guarantee for urban residents; To obstruct, obstruct, refuse to cooperate or issue false certificates, the higher authorities or relevant departments shall criticize and educate the directly responsible personnel or the directly responsible personnel; If the circumstances are serious, administrative sanctions shall be imposed according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Twenty-third people engaged in the work of minimum living security for urban residents have one of the following acts, give criticism and education to the directly responsible personnel and the directly responsible person in charge or give administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) refusing to sign opinions on families who meet the conditions of enjoying the minimum living allowance for urban residents; Or deliberately sign opinions on families who do not meet the conditions for enjoying the minimum living guarantee for urban residents.
(two) dereliction of duty, favoritism, or corruption, misappropriation, withholding, arrears of urban residents minimum living security funds and materials.
Twenty-fourth the implementation since April 28, 2005. The Interim Measures for the Minimum Living Security of Urban Residents in Changchun promulgated on June1997+1October 2/KLOC-0 shall be abolished at the same time.