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PENSIONS Decree 432/97 Approve the regulation of article 9 of Act No. 13,478 for the granting of pensions, old age and disability. Bs. As., 15/5/97

VISTO Article 9 of Law No. 13,478, as amended by Laws No. 15,705, 16,472, 18,910, 20,267 and 24,241, and the need to regulate their provisions, and

CONSIDERING:

It is necessary to unify the regulations of old-age pension laws and for people without sufficient resources of their own and unable to work.

That by virtue of the time elapsed since the decrees in force, it is necessary to update their rules.

It is appropriate to adapt the mechanisms for the agile and dynamic implementation of the processing system, as well as to expedite the transmission of pensions in the event of the death of the holder as appropriate.

That the present act is given in the use of the powers conferred by Article 99, paragraph 2 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1-Approve the regulation of Article 9 of Law No. 13,478, as amended by Law No. 15.705, 16.472, 18.910, 20,267 and 24,241, which as Annex I is an integral part of this decree. Art. 2°-Deróganse los Decretos No 3549 del 16 de mayo de 1966, 3177 del 19 de agosto de 1971, 4403 del 12 de julio de 1972, 2756 del 10 de abril de 1973, 230 del 14 de junio de 1973, 258 del 30 de Julio de 1973, 664 del 21 de marzo de 1978, 775 del 29 de septiembre de 1982. Art. 3o -The SECRETARY for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE is empowered to dictate the complementary or interpretative norms of this decree. Art. 4°-Communicate, publish. give to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez.- José A. Caro Figueroa. Annex I

REGULAR NORMS FOR THE OTORGAMIENT OF PENSIONS TO VEJEZ AND INVALIDEZ.

CHAPTER I

BENEFITS - REQUIREMENTS

1 °- The benefits established by Article 9 of Act No. 13.478 as amended by Law No. 15,705, 16,472, 18,910,20,267 and 24,241, persons who meet the following requirements:

(a) Have SETENTA (70) or more years of age, in the case of old age pension.

(b) In the case of invalidity pension, you are completely and permanently disabled.

Incapacity is presumed to be total when the Invalidity produces in the labor capacity a decrease of SETENTA and SEIS (76 %) or more.

This requirement will be tested by certification issued by official medical establishment service, indicating the class and degree of disability. Such certification may be revised and/or updated once the application authority finds it appropriate.

(c) Accredit identity, age, and nationality through the National Identity Document.

(d) Being native or naturalized Argentine, resident in the country. The naturalized must have a permanent residence in the same of at least five (5) years prior to the request for the benefit. This circumstance shall be credited by summary information made to the administrative, judicial or police authority or by any public document that determines it, such certification may be revised or updated once the enforcement authority finds it appropriate.

(e) Foreign nationals must establish a permanent minimum residence in the country of VEINTE (20) years. The status of such residence will be demonstrated by the presentation of the National Identity Document for Foreigners. The date of residence contained in the identity document presupposes the continued residence in the identity document, from that date.

(f) The petitioner and his spouse are not protected by a non-contributory scheme of foresight, retirement or benefit.

(g) Do not have relatives who are legally obliged to provide food or having food, are prevented from doing so; or live with other family members under the protection of public or private entities in a position to attend it.

(h) Do not possess assets, income or resources that allow their subsistence.

(i) Not being detained at the disposal of the Justice.

With regard to the provisions of subparagraphs (g) and (h), the SECRETARIAT for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE will take into account the activity and income of the family members and their family group, as well as any other element of judgment that would allow us to know whether the petitioner has resources or amparo.

2°-When it comes to a marriage, the old age pension will be processed only in favor of one of the spouses.

3°-When the old-age pension beneficiary lives with disabled relatives who meet the requirements for the granting of disability pensions, the benefit to be granted for the latter case may not exceed DOS (2) family benefit.

4°- If the petitioner or non-recipient spouse had been abandoned by his or her spouse, was de facto or divorced, such circumstances shall be proved by summary information produced by competent authority or testimony or certified copy of the Judiciary judgment, as appropriate. In the same way, cases of absence with presumption of death or lack of knowledge of the residence or domicile of the required family members shall be carried out.

CHAPTER II

TRAMITATION AND OTHER

5°- Requests for old-age or disability pensions shall be processed by the competent agency of the SECRETARIAT for SOCIAL DEVELOPMENT of the PRESIDENCE OF THE NATION directly or through the official distributions authorized by the NATION in the interior of the country, according to the domicile of the petitioner.

For the purposes indicated above, the above-mentioned agency shall conduct the proceedings indicated in the following points:

(a) A socio-economic survey of the case shall be carried out in forms provided for this purpose, in order to establish the state of necessity of the petitioner, the existence of relatives legally obliged to the provision of food, other family members who may assist him and the type, conditions and characteristics of the dwelling he occupies and other requirements required by this regulation

The above-mentioned survey shall be an affidavit, in relation to the fulfilment of requirements for the granting of the benefit, and shall be carried out in the applicant ' s home, in order to determine clearly and objectively the socio-economic reality of the case, as well as the environment in which it lives.

(b) You will request the INMUEBLE PROPERTY REGISTRATION from the applicant's home, information related to the domain of real estate.

(c) It shall request from the agencies of anticipation and retirement and from those providing non-contributory, national, provincial and municipal pensions, as appropriate, information related to the perception of benefits by the petitioner and his family members.

(d) In order to assess the situation of family members, it will require certificates of remuneration, social security benefits or other income and health.

(e) In the case of minors without legal representation, it will give intervention to the competent agency of minority.

(f) In the case of petitioners who, according to medical opinions or certificates, are allegedly incapable, prior to the granting of the benefit, the institution or person who has it in charge, shall initiate the processing of the respective cure and accredit that circumstance.

(g) Where the provision is not granted, the Social Development SECRETARY of the NATIONAL PRESIDENCE, through the competent body, shall issue the decision denying it.

CHAPTER III

TO MAKE THE PRESTATION LIQUIDATION AND PAGO

6°-The existence of the benefit shall conform to the provisions of Law 16.472 and Decree 2344/78, and shall be accrued from the FIRST (1 °) day of the month following the date of the resolution that agrees to it.

7- The granting, settlement and payment shall be carried out by the SECRETARY for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE, who may agree with the NATIONAL ADMINISTRATION OF SECURITY SOCIAL (ANSeS) or any other public or private agency or person, the performance of such functions must be paid preferentially through the financial entities authorized to do so by the BANCO CENTRAL DE LA REPUBLIC ARGENTINA.

8°- The payment will be made directly to the owner, his or her attorney or representative required.

CHAPTER IV

REPRESENTATIVES AND REPRESENTATIVES

9th-The designation of the possessors for the purposes of the collection of the assets shall be made by power or letter power extended by the SECRETARIAT for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE or agency authorized by the latter, in accordance with forms issued by the SECRETARIAT.

10. - The benefits of the minor or incompetent declared in Judgment shall be paid to the parent, guardian, guardian or curator, as appropriate.

11. - The beneficiaries shall be credited to the survival of the beneficiary by certification issued by authority established by the SECRETARIAT for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE at the time of the realization of the benefit.

They are also obliged to report to the SECRETARIAT for SOCIAL DISAROLLE of the NATIONAL PRESIDENCE, all variations that occur in the economic or family situation, that change to which it justified the granting of the pension, as well as the changes of domicile that occur; being responsible for all the unduly perceived benefits due to such non-compliance.

CHAPTER V

BENEFITION TRANSFER

12 - In the event of the death of the beneficiary, he shall have the right to a pension provided that he credits the extremes set out in Article 1 (c) to (i) of this regulation.

(a) The widower or survivor of SESENTA (60) or more years of age or disabled to work and in charge of the causer at the date of his death in concurrence with the unmarried children under DIEZ and OCHO ( 18) years of age. The age limit shall not rule if the children are incapacitated for work and by the offender at the date of their death.

(b) The children of the offender under the conditions of the preceding subparagraph.

Half of the pension shall be for the widower or convivant; if the other half of the children are concurred, the other half shall be distributed among them equally. In the absence of boys, the entire amount of the pension will correspond to the widower or survivor.

(e) The link with the offender shall be proved with the respective marriage or birth certificates. In the case of the convivor, it will be necessary to have publicly lived in apparent marriage during at least CINCO (5) years immediately prior to the death. This circumstance shall be proved by summary information of DOS (2) witnesses to the competent judicial, police or administrative authority or by any other element of judgment which in fact proves such coexistence.

In the event of an extinction of the right to a pension of any of the partners, the portion of the pension shall be proportionate to that of the remaining beneficiaries, respecting the distribution set out in the second paragraph of subparagraph (b) above.

13.- The divorced spouse, legally or in fact separated at the time of the death of the offender, shall not be entitled to the transfer of the pension.

14. The right to pension shall be extinguished:

(a) For the surviving or living spouse and for children since they contracted new marriage, they lived in concubine or reached the age of DIECIOCHO (18) years.

(b) For the surviving spouse and the disabled children for work, since the incapacity disappeared definitively, unless at that time they had SESENTA (60) or more years of age.

(e) When they were involved in the expiry Causes described in point 20.

15.- For the purpose of initiating the corresponding procedures, the right holders of this chapter shall submit the following documentation

(a) The beneficiary ' s death party.

(b) Accrediting the link and/or co-existence with the causator as indicated in paragraph 12 (c).

(c) Accrediting disability in appropriate cases.

(d) To make an affidavit where it is stated that the socio-economic conditions that gave rise to the benefit that the offender perceived and that he lacks goods and income of any kind.

16. - In the event of accrediting the performance of such requirements, the transfer of the pension benefit shall be granted without further processing and the continuity of the perception of the corresponding assets shall be subject to the subsequent verification by the SECRETARIAT for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE, through the organ authorized by the latter, of the fulfillment of the entire requirements set out in this regulation. In the event of non-compliance with such requirements, unduly perceived assets should be restored.

17. - In the event that the pension is granted the same shall be accrued from the FIRST (1°) of the month following the date of its submission.

CHAPTER VI

BENEFITS OF BENEFITS

18. - Beneficiaries, securities and representatives required in their case are subject to the following obligations:

(a) Provide any report, certificate or antecedent, make the affidavits and accredit the facts and acts that the SECRETARIAT for SOCIAL DEVELOPMENT of the PRESIDENCE OF NATION requires in exercise of its powers, to allow inspections and to complete the socio-economic surveys available therein.

(b) Communicate the authority of application within the QUINCE (15) business days of production, any circumstances that may affect the right to the benefit.

CHAPTER VII

SUSPENSION OF PRESTATION

19.- Payment of the benefit shall be suspended in the following cases:

(a) Failure to comply with the obligations set out in this regulation for the beneficiary, his agents and other representatives.

(b) Repeated incomparency, without justified cause, in case of citation related to the requirements for the benefit enjoyment. Such notice shall be recorded in the citations.

(c) When you become aware of the occurrence of any of the circumstances leading to the expiry of the benefit.

(d) Undue perception of assets.

(e) For the beneficiary being held at the disposal of the justice system.

CHAPTER VIII

DACUCITY AND REHABILITATION OF PRESTATION

20. - Caducara benefit:

(a) For the death of the beneficiary, or his death presumed judicially declared, from the day after the death or the presumptive date of death.

(b) By waiver, from the last payment made.

(c) Departure from the country from the date on which that circumstance is known.

(d) When the holder, without justified cause, ceases to perceive THREE (3) consecutive monthlyities of assets, from the date of the last collection.

(e) Due to incompatibility with other benefits from the date on which the situation occurred.

(f) The reasons for the granting of the benefit from the date on which that circumstance is known have disappeared.

(g) For imprisonment or imprisonment for more than three (3) years from the date of the sentence.

21.- The rehabilitation of the benefit that has expired or is suspended may be requested when the applicant will prove his or her right in earnest. If the request is made after DOCE (12) months after the date the benefit is granted, a new socio-economic survey will be provided. In the event of rehabilitation, the assets will accrue from the first day (10) of the month following that of rehabilitation without the right to claim the fallen perceptions.

22. - The suspension and expiry of the benefits shall be disposed of by the SECRETARY for SOCIAL DEVELOPMENT of the NATIONAL PRESIDENCE through the competent body, and shall give rise, if any, to the claim of the unduly perceived assets.

CHAPTER IX

CONSIDERATION

23.- The denied pension may be reconsidered, provided that it is resorted within the time limit of SESENTA (60) days of notification of the resolution, when the applicant will prove his right to benefit.

If the appeal is rejected, DOCE (12) months of the notification of refusal to have the right to a new petition, which will result in the relevant social survey.

In both cases the agreed benefits accrue from the FIRST (1°) of the month following the date of the grant resolution.

CHAPTER X

COMPLEMENTARY PROVISIONS

24. The pensions agreed under this regulation are as follows:

(a) They're unpredictable.

(b) They are very personal and only the beneficiaries themselves.

(c) They cannot be alienated or affected to third parties by any law.

(d) They remain while the causes that originated them remain.

25. The SECRETARY for Social Development of the NATIONAL PRESIDENCE through the competent body or by whom it designates will permanently provide for inspections to verify the situation of the beneficiaries.

26. - Without prejudice to the above point, the Social Development SECRETARIAT of the NATIONAL REPRESIDENCE may at any time, provide any measures it deems appropriate to verify the fulfilment or subsistence of the requirements for the obtaining or enjoyment of the benefit or to require its verification by the beneficiaries.

I may also request the competent authority, any information to prove the residence and/or definitive residence of the petitioners or foreign beneficiaries.

27. - SECRETARIAT FOR SOCIAL DEVELOPMENT OF PRESIDENCE DE LA NATION, through the competent body, to avoid duplicity in the granting of pensions, collect information when it deems necessary to the provincial or municipal agencies that are responsible for the granting of concessional or non-contributive benefits.

28.- All the proceedings carried out by the old-age or invalidity pensioners shall be totally free of charge.