Subsistence Allowances For Urban And Rural Residents In Changchun City Approach

Original Language Title: 长春市城乡居民最低生活保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399539.shtml

Subsistence allowances for urban and rural residents in Changchun City approach

    (December 26, 2013 Changchun Government 12th times Executive Conference considered through December 26, 2014 Changchun Government makes 51st, released since February 1, 2014 up purposes) first article to guarantees urban and rural residents basic life, specification urban and rural residents minimum life guarantees work, according to city residents minimum life guarantees Ordinance, and Jilin province implementation straddling city residents minimum life guarantees Ordinance approach, about legal, and regulations, and regulations of provides, combined this city actual, developed this approach.

    Second approach applies to the subsistence allowances for urban and rural residents in the city.

This article referred to the system of subsistence allowances for urban and rural residents, refers to household per capita income lower than the minimum living standards for urban and rural residents, and family wealth meets the minimum living conditions for urban and rural residents of relief of social relief system.

Urban and rural residents in these measures refers to living in the city, holding the city's non-agricultural urban residents and rural residents who hold the city's agricultural. Family income in these measures refers to members of the family to live together in total disposable income within a certain period, including deductions to pay personal income tax and personal social security spending after the wages, pay by income, family net income, property income and transfer income, and according to law shall be included in family income.

Monthly household income of urban residents and rural residents income on an annual basis.

    Family property in these measures refers to all movable and immovable property owned by family members.

    Subsistence allowances for urban and rural residents should follow the fourth article shall be Shi Bao, difference between relief, classification, the principle of territorial management, establishment of Government protection, social support and work combination of self-help assistance system.

Is the fifth public service departments of the subsistence allowances for urban and rural residents, is responsible for the management of subsistence allowances for urban and rural residents.

District departments are responsible for the approval of the subsistence allowances for urban and rural residents in the area.

Subdistrict offices, Township people's Government shall be responsible for the area of subsistence allowances for urban and rural residents in filing, trial, verification, evaluation and publicity and so on.

    Community residents ' and villagers ' committees assist the district departments, neighborhood offices, Township people's Government completes the subsistence allowances for urban and rural residents.

    Article development and reform, finance, public security and other departments shall, in accordance with their respective responsibilities, and subsistence allowances for urban and rural residents working in accordance with law.

Article seventh requirements for subsistence allowances for urban and rural residents should be integrated into the city or district people's Government budget.

    Subsistence allowances for urban and rural residents regular funds by the financial sector into the appropriate fund special account earmarked.

Eighth standard of subsistence allowances for urban and rural residents by the public administration in conjunction with the development and reform, finance, statistics, and other relevant departments, reported that after the municipal government approved and submitted to the provincial people's Government for the record, to the promulgation and implementation.

    Minimum living standards for urban and rural residents and the city's urban and rural residents per capita income level, the level of economic and social development, financing, coordination ability and adjusted according to the price fluctuation.

    Nineth subsistence allowances for urban residents in accordance with urban resident's minimum living standard gap assistance; subsistence allowances for rural residents in accordance with the rural resident's minimum living guarantee standard grading assistance, and the progressive introduction of the difference help.

Article tenth living family members include:

(A) the spouse;

(B) parents and their minor children;

(C) an adult without children to live independently, including the school for undergraduate and graduate education of adult children;

(D) other legal support, maintenance, maintenance obligations and persons living together for a long time.

Family members are not included in the common life of the following persons:

(A) religious faculty for more than three years in a row (including three years) independent from family life;

(B) serving sentences in prisons or reeducation-through-labor sites of reeducation-through-labor;

(C) the account have not yet moved out after a divorce;

(D) the law declared as missing;

    (E) the civil sectors identified by other personnel.

    Article 11th home of both members of the non-agricultural and agricultural household members, in accordance with the nature and rescue the minimum living standard of urban and rural residents.

12th income not included in the income of the following:

(A) the bounty from the Government, city-level model worker honors allowance;

(Ii) the pensions, gratuities, allowances enjoy preferential treatment and a nurse;

(C) the good Samaritan award;

(D) child, family planning policy and support payment;

(E) work (male) the care of injured workers and relatives of the killed workers enjoy a one-time pension;

(F) students received scholarships, bursaries, hardship allowance;

(G) relocation to deceased workers;

(VIII) medical aid benefits of basic medical insurance reimbursement of medical expenses, medical expenses;

(I) the staff paid by his employer pursuant to the provisions of the Housing Fund and the social security co-ordinating fee;

    (10) the Home Department found other items not counted in household income.

Section 13th for treatment of subsistence allowances for urban and rural residents, the applicant should be based on the family unit, written applications to the domicile street or township Governments.

Members of the family in both non-agricultural and agricultural household members, in accordance with the nature of the application.

    Commissioned by the applicants, community residents ' and villagers ' committees may apply on their behalf.

14th applying for a minimum security treatment, shall submit the following materials:

(A) the application;

(B) the residence booklet and family member ID card and its copy;

(C) the professional status and proof of income of family members;

(D) housing, provide a certificate of house property right;

(E) an agricultural, land contract or subcontract contract (Agreement) and national subsidies and income certificate.

Family members of any of the following circumstances, and should also provide the following materials:

(A) divorce, provide proof of divorce, judgment or agreement;

(B) legal support, maintenance or maintenance relationship, provided maintenance person, proof of household income of the dependant or dependants;

(C) students in the school, provide school student certificates and whether proof of studying at their own expense;

(D) retired, retirees, provide and receive lixiujin, pension-related documents;

(E) to receive unemployment insurance benefits, provided receiving unemployment insurance issued by human resources and Social Security Department start term and standard of proof;

(F) persons with disabilities, provide proof of disability;

(VII) seriously ill patients, provide a certificate from the above district-level medical institutions;

(H) allowances, provided the relevant certificates issued by civil affairs departments;

    (I) feel the need to provide proof of other public service.

15th treatment of subsistence allowances for urban and rural residents to the application, review and approval, in accordance with the following procedures shall be followed:

(A) the applicant in accordance with article 14th, 15th article submissions and related certificates, signing of the bailout credit undertaking and the household income, property and information verification of power of Attorney;

(Ii) in subdistrict offices, Township people's Governments and related reviewed the submissions of the applicant, information on household income of the applicant and the family property check;

(Iii) in subdistrict offices, Township people's Government and the community neighbourhood or village committee composed of eligible applicants were interviewed by the Survey Group investigation, democratic appraisal and survey results, democratic appraisal and audit materials reported to the District Civil Affairs Department; (D) the Ministry of civil affairs departments review the submitted materials.

Review, should once again organizing neighborhood offices, Township people's Government and community residents ' and villagers ' committees household spot checks;

(E) public review;

    (F) the Ministry of civil affairs departments of publicity without objection the applicant granting subsistence allowances for urban and rural residents.

16th under any of the following circumstances, civil affairs departments, neighborhood offices, Township people's Government not to accept or not to approve the application and inform the applicant in writing:

(A) submitting false applications or relevant certificates;

(B) refused to sign a bailout credit undertaking and the household income verification of power of Attorney for property and related information;

    (C) the individual declarations, information check results or with the household survey, democratic appraisal, publicity, etc, do not meet the conditions of subsistence allowances for urban and rural residents.

17th District Department of the applicant inadmissible or not approving treatment of subsistence allowances for urban and rural residents disagrees with the decision, you can apply for a review to the public service.

    Should the public service from the date of receipt of the application for review within the 15th review comments, and shall inform applicants for reexamination.

Article 18th of subsistence allowances for urban and rural residents, and shall from the date of acceptance of the originally finished in the 30th. There are special circumstances or objects needed to investigate, can be extended according to 10th.

    Challenging the public, processing time without time limit.

    19th public security, finance, human resources and social security, housing, industrial and commercial, taxation, social security and housing sectors, and civil affairs departments to establish information-sharing platform, to apply for information that the checking to provide true and complete information.

    20th gold subsistence allowances for urban and rural residents social issue, commissioned by the civil affairs departments of financial institutions are paid by the month to enjoy minimum living guarantee for urban and rural households. Article 21st families enjoy the benefits of subsistence allowances for urban and rural residents should regularly send subdistrict offices, Township people's Government reported family members, changes in family income and family assets, and after registration by the subdistrict offices, Township people's Government, reported to the District Civil Affairs Department.

Fails to report, shall indicate to the sub-district offices, Township people's Government the reasons.
District Civil Affairs Department after receiving the neighborhood offices, Township people's Government report, reviews should be as in the 10th time, and according to the review outcome decision suspended, reduced, additional gold or renewal of subsistence allowances for urban and rural residents.

    22nd to enjoy minimum living guarantee of treatment of urban and rural residents, during the period of unemployment, is able to work and within the age of admission to employment, self employment.

    The public employment service agencies twice without a legitimate reason to refuse employment introduced employment may result in suspension of its minimum life security.

23rd District departments should be based on the subsistence allowances for urban and rural residents of the age, State of health, work and household income conditions, archives, categories.

    District departments, neighborhood offices, Township people's Government shall, in accordance with records management system of subsistence allowances for urban and rural residents working archive and information management, classification and preservation.

24th article of any unit and individual have the right to report or complaints for misrepresentation, concealment, falsification of means of obtaining the lowest living guarantee gold and hindering the treatment of urban and rural residents to enjoy minimum living guarantee Act.

    Municipal and district authorities tipoff should be processed in a timely manner, and the informant or complainant information be kept confidential.

25th article violates these rules, any of the following acts, given criticism by civil affairs departments or given a warning, stopping treatment of subsistence allowances for urban and rural residents to recover illegal subsistence allowances for urban and rural residents payments are serious, punishable by law take three times more than 1 time times the amount of a fine constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the misrepresentation, concealment, falsification and other means of obtaining treatment of subsistence allowances for urban and rural residents;

    (B) enjoy the subsistence allowances for urban and rural residents during the treatment, improving family income, is not required to inform the home sector, continue to enjoy the benefits of subsistence allowances for urban and rural residents.

    Article 26th interference, the destruction of subsistence allowances for urban and rural residents apply for, verification or insult, assault staff, the civil affairs departments or the public security organ shall give criticism and education; the circumstances are serious, the public security organs shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

27th home sector and subdistrict offices, Township people's Governments and their staff of any of the following acts, by its competent authorities give criticism and education; the circumstances are serious, the offender constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) meet the conditions of the applicant's application as provided herein, refused to accept for eligible treatment of subsistence allowances for urban and rural residents, refusing to approve or extended delays in approval;

(B) not conforming to enjoy the benefits of subsistence allowances for urban and rural residents application for acceptance and approval;

(C) used his position to ask for or accept applications for their personal belongings;

(D) embezzlement, misappropriation, withholding, defaulted payment of subsistence allowances for urban and rural residents;

    (E) other acts of negligence, malpractice.

    28th units and their staff shall coordinate with the subsistence allowances for urban and rural residents, refusing to cooperate with or issue false certificates, by their higher authorities directly responsible for giving criticism and education; the circumstances are serious, the offender constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 29th in each County (City) subsistence allowances for urban and rural residents can refer to these measures. 30th article this way come into force February 1, 2014. March 24, 2005 implementation of the subsistence allowances for urban residents in Changchun way abrogated.