Subsistence Allowances For Rural Residents Of Sichuan Province Approaches

Original Language Title: 四川省农村居民最低生活保障办法

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Subsistence allowances for rural residents of Sichuan province approaches

    (October 13, 2009, Sichuan provincial people's Government, the 42nd Executive meeting on December 3, 2009, Sichuan provincial people's Government promulgated as of February 1, 2010, order No. 240) Chapter I General provisions

    First to establish and standardize the system of subsistence allowances for rural residents, improve the social assistance system to promote coordinated economic and social development in rural areas, Sichuan province, this approach is formulated.

    Article subsistence allowances for rural residents in these measures, refers to the Government on household per capita annual net income of less than domicile rural minimum living standard of poor rural families to support social relief system. Article subsistence allowances for rural residents to safeguard the basic livelihood of rural residents for the purpose of security standards commensurate with the level of economic and social development.

    Subsistence allowances for rural residents work follows the principles of openness, fairness and justice, for territorial management and dynamic management, subject to public supervision.

    Subsistence allowances for rural residents adhere to the statutory maintenance, upbringing, support combined with government bailouts, Government aid and social support, the combination of poverty alleviation and development, links up with other special social assistance.

    Article fourth subsistence allowances for rural residents under the leadership of the local people's Governments at all levels of work of provincial responsibility.

    Civil affairs departments above the county level in charge of the subsistence allowances for rural residents working in the administrative area, and other relevant departments and units of subsistence allowances for rural residents in accordance with their respective responsibilities.

    Township and town (subdistrict office) is responsible for the management of subsistence allowances for rural residents in the area.

    The village (neighborhood) committees by Township and town people's Governments (Street) delegate, contractor of receiving, investigating and verifying, democratic appraisal and the notice publication, published daily management and service work.

    Fifth Government encourages and supports the work of subsistence production labour, self-employed, in production, export of labor services, skills training and other aspects of the project support.

    Sixth Government encourage and guide social donations and assistance for poor families in rural areas.

    Subsistence allowances for rural residents in the civil service outstanding unit or personal honor.

    Chapter II scope and conditions

    Article has household registration of rural households in Sichuan province, per capita annual net income of less than domicile of minimum living standards for rural residents can apply for subsistence allowances for rural residents relief. Students enrolled at the school in the article eighth family member, in its Declaration of minimum living guarantee of the family population.

    Members of the family held in non-rural residents account can apply for subsistence allowances for urban residents.

    Nineth has one of the following rural households, shall not benefit from subsistence allowances for rural residents assistance:

    (A) the residence moved less than 1 year;

    (B) the maintenance, upbringing, maintenance obligations are maintenance, upbringing, support but do not fulfil their obligations;

    (C) the actual standard of living was significantly higher than the local minimum living standards for rural residents;

    (D) not truthfully or refusing to verify family income.

    Rural residents have one of the following shall not enjoy the subsistence allowances for rural residents salvage:

    (A) in the legal employment age and with normal working ability, without a legitimate reason to deny labor;

    (B) offences such as prostitution, gambling, drug abuse and has not been corrected.

    Article tenth household income refers to applying for subsistence allowances for rural residents last year families of all monetary income and income in kind calculations and assessments.

    Specific measures shall be formulated by the people's Governments above the county level and published and reported to the people's Governments at a higher level for the record.

    11th not included in the income of the family include:

    (A) allowances in accordance with the regulations of the State enjoy regular pension benefits, disability, such as personnel costs, benefits of gold;

    (B) grants, scholarships, work-study income;

    (C) the good Samaritan award;

    (D) rural family planning reward support gold;

    (E) award, honors allowance stipulated by the State;

    (F) the Government affordable housing assistance, disaster relief and medical assistance in rural areas;

    (G) national and provincial regulations should not be counted. 12th members of the families of migrant incomes should be calculated according to the workers real incomes.

    Unable to provide valid proof of income, according to workers minimum wage calculation for the last year.

    13th land acquisition compensation of rural residents, according to the local standards in annual per capita net income of rural residents, yearly take into account family income that year.

    Chapter III standards and approval process

    14th rural resident's minimum living guarantee standards by local people's Governments at or above the county level in accordance with the local rural population as a whole required for basic clothing, food, water, electricity, fuel, daily necessities and other costs, combined with the level of economic development, price changes, consumption levels and the capacity of the financial and other factors, reported to the people's Governments at a higher level for the record after the implementation.

    Security standards should be provided according to level of economic development and changes in price indices of timely adjustment.

    15th subsistence allowances for rural residents in accordance with how hard the implementation of sectoral aid for poor families in rural areas.

    Due to the sick, the elderly and infirm, the loss of labor capacity and objective reasons such as poor living conditions, families of perennial poverty, focused aid.

    16th subsistence allowances for rural residents of the application procedure: (A) based on the family unit, commissioned by the principal tenant or his family members (heads of power of attorney) to the domicile of the village (neighborhood), submit a written application and provide proof of residence, heads of ID cards, family incomes and property status, disability, or illness and other related documents.

    Incapacitated family members, can be specified by their legal guardians, guardians for application. (B) (c) the Commission of the date of acceptance of the application in the 15th, on the household income of the applicant and the actual living conditions of households survey and verification, by villagers ' representatives or the villagers ' representatives agreed to the review panel for democratic deliberation, the village (neighborhood) Committee will review the results and preliminary review opinions in pinning of village affairs more than 10th.

    After publicity without major objection, Township and town people's Governments (Street) for review. (C) in township and town people's Governments (Street) in the 15th from the date of receipt of the submitted materials, household spot checks and review the circumstances of the applicant, above the 10th qualifying notice-publicity. Audited qualified, by the Township and town people's Governments (Street) will be reported to the County Civil Affairs Department for approval of audit and related materials.

    Audited do not meet the conditions, timely return of the relevant material and to state the reason in writing. (D) civil affairs departments should be received at the Township and town people's Governments at the county level (Street) review date of submitted materials in the 20th. To qualify, return to the village, town (Street) notice-publicity over 10th.

    Review eligible, signed by the civil affairs departments at the county level approval, issuance of the certificate of minimum living guarantee of rural residents of Sichuan province, set up files; reviewed do not meet the conditions, timely return of the relevant material and to state the reason in writing.

    Article 17th of objection to the assessment, examination and approval of the applicant, to the Township people's Government (Street) and County Civil Affairs Department to apply for a review.

    18th civil affairs departments at the county level in accordance with article rescue category family subsistence allowances for rural residents under regular review, based on the review timely maintenance, increased, reduced or terminated subsistence allowances for rural residents relief procedures.

    Rural residents minimum life guarantees family in family income, and personnel occurred changes Shi, should timely active to where village (home) people Committee report, where village (home) people Committee should timely will changes situation to Xiang, and town government (subdistrict offices) report, by Xiang, and town government (subdistrict offices) audit and reported County home sector approved Hou, timely handle improve, and reduced or terminated rural residents minimum life guarantees rescue procedures.

    Article 19th subsistence allowances for rural residents of the object any of the following circumstances should stop the rural resident's minimum living security assistance:

    (A) household income or personnel changes make it stable per capita net income of rural residents than local minimum living standard;

    (B) the real standard of living was significantly higher than the local minimum living standards for rural residents;

    (C) with normal working ability, without any justified reason, twice rejected the Government within one year of employment opportunity or is not required to participate in community work.

    Article 20th subsistence allowances for rural residents migrating household registration in the County, and by moving out to the local township people's Government (Street) transfer of rural resident's lowest life guarantee relief and approval information to continue granting subsistence allowances for rural residents relief cross-county migration residence, moved out to the proof issued by civil affairs departments at the county level, to move to resume approval procedures.

    The fourth chapter funds management and distribution Article 21st rural resident's minimum living guarantee funds mainly to local, Governments at all levels guarantee funds should be included in the budget.

    Above the provincial level special purpose grants funds should be based around security and give appropriate subsidies to the different financial conditions, to areas and ethnic minority areas with financial difficulties for them.

    Civil affairs departments at all levels should be based on guaranteed number, guaranteed level funds the annual plan examined by the financial sector in the financial budget, and paid in full and on time to the social security funds or accounts on behalf of financial institutions.

    22nd rural resident's minimum living guarantee funds must follow the provisions of the social security funds account management, account account, earmarked misappropriated is strictly prohibited.

    Article 23rd subsistence allowances for rural residents of gold in monetary form, and released monthly or quarterly.

    Rural resident's minimum living guarantee payment on socialized distribution, through a financial institution or Credit Union directly to the protection object.

    When releasing the subsistence allowances for rural residents of gold may not be directly deducted from loans and arrears payments.
Fifth regulatory and legal liability

    24th levels of people's Governments should work for subsistence allowances for rural residents to provide organization, funding, clear body, strengthening the work force, provide the necessary working conditions and information management.

    25th establish subsistence allowances for rural residents object file management system, ensure archive integrity and safety.

    Township and town people's Governments (Street) and civil affairs departments at the county level shall take good care of rural resident's minimum living guarantee application, democratic appraisal records, family income and evaluation materials, the treatment of subsistence allowances for rural residents form, payment of subsistence allowances for rural residents of gold and other materials.

    The village (neighborhood) committees shall take good care of rural resident's minimum living security objects register and of democratic appraisal record.

    26th district should be subsistence allowances for rural residents to the public sector policies, procedures, security, and so on, set up telephone hotlines and reported boxes, subject to public supervision.

    Civil, financial, auditing and supervision departments at all levels, in accordance with the duty, funds for subsistence allowances for rural residents by law and management of supervision and inspection.

    27th unit or individual has any of the following acts, according to the relevant laws and regulations; suspected of a crime, criminal responsibility shall be investigated in accordance with law:

    (A) corruption, misappropriation, interception, dividing up of rural resident's minimum living guarantee funds;

    (B) subsistence allowances for rural residents in dereliction of duty, abuse of power, favoritism;

    (C) to issue false certificates to applicants, swindle of rural resident's minimum living security assistance;

    (D) is not required to accept, investigate and deal with citizens to report;

    (E) other violations of legal rights of subsistence allowances for rural residents.

    Article 28th of deception, concealment, bribery, forgery and other means of subsistence allowances for rural residents relief, criticized by the civil affairs departments at the county level, to get the subsistence allowances for rural residents of gold recovery; suspected of a crime, criminal responsibility shall be investigated according to law.

    29th under any of the following circumstances, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalty suspected of a crime, criminal responsibility shall be investigated in accordance with law:

    (A) insult, assault staff of the subsistence allowances for rural residents;

    (B) do not scatter, and vexatious, disrupted, undermined subsistence allowances for rural residents in working order.

    The sixth chapter supplementary articles 30th article this way come into force on February 1, 2010.

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