Implementation Measures For The Subsistence Allowances For Urban Residents In Shanxi Province

Original Language Title: 山西省城市居民最低生活保障实施办法

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(June 25, 2004 27th Executive meeting of Shanxi province on July 2, 2004, Shanxi province people's Government promulgated as of August 1, 2004, 174th) first in order to standardize and improve the system of subsistence allowances for urban residents, according to State Council regulations of the subsistence allowances for urban residents, combined with the facts of the province, these measures are formulated.
    Second city residents who hold non-agricultural in the province, where a family member living together per capita income is lower than the local minimum living standard for city residents, has the right to basic material assistance from the local people's Government.
    Third article implementation city residents minimum life guarantees system, should followed following principles: (a) guarantees basic life; (ii) national guarantees and social helping phase combined, encourages labor self-help; (three) implemented territorial management; (four) insisted public, and fair, and just; (five) guarantees level and economic, and social development level phase adapted; (six) and statutory maintenance, and dependency, and raised phase combined; (seven) and related of social security system phase convergence. Article fourth urban resident's minimum living security system implemented at all levels of people's Governments in charge. Provinces and districts within the municipal Civil Affairs Department responsible for the administration of the specific management of subsistence allowances for urban residents. The County Civil Affairs Department as well as sub-district offices and township (town) people's Governments (hereinafter administrative examination and approval authority) is responsible for the administrative management of subsistence allowances for urban residents in approval. Sub-district offices and township (town) people's Government is responsible for handling urban resident's minimum living guarantee application and instance, approval of the application materials.
    Community neighborhood Committee commissioned by the Administration examination and approval authority, can assume the day-to-day management of subsistence allowances for urban residents and service work. Finance Department is responsible for the implementation of urban resident's minimum living guarantee funds in accordance with regulations.
    Statistical, commodity pricing, auditing, labour and social security, personnel and Trade Union sectors Division, within the scope of their respective duties and responsibilities of minimum life guarantee the work. People's Governments at all levels should establish and improve the subsistence allowances for urban residents working body, equipped with specialized staff; subdistrict offices, community resident committees should also be equipped with the necessary staff, address the necessary working conditions.
    Governments at all levels should be required for subsistence allowances for urban residents working funds and assistance funds in local budgets.
    Article people's Governments and relevant departments at all levels, in order to protect objects of schools, health care, employment, housing, water, electricity, gas (gas, heating, coal-fired) should establish bailout policies, establish and improve the social assistance system. Sixth article city residents minimum life guarantees object main points following three class: (a) no life source, and no labor capacity and cannot set maintenance people, and dependency people or raised people of residents; is has statutory maintenance people, and dependency people or raised people, but no maintenance, and dependency or raised capacity of residents; (ii) received unemployment benefits during or unemployment relief expires still failed to again employment, family per capita income below local minimum life guarantees standard of residents; (three) on-the-job personnel and laid off personnel in received wage or minimum wage, and
    Basic living expenses and retirees after the pensioner, whose family per capita income was still below the local minimum living standard of residents.
    Article seventh the formulation of minimum living standards for urban residents, and shall, as necessary to support urban residents live in the local clothing, food and housing costs, and with due regard to the water, electricity and gas (gas, heating, coal-fired) costs as well as costs of compulsory education for minors.
    Set district of city of city residents minimum life guarantees standard, by set district of City Government home sector with statistics, and financial, and prices, sector common developed, reported this level Government approved and announced implementation; County (County City) of city residents minimum life guarantees standard, by County (County City) Government home sector with statistics, and financial, and prices, sector developed, reported this level Government approved and reported Shang level government record Hou announced implementation.
    When the minimum living standard for city residents need to improve, in accordance with the provisions of the preceding two paragraphs again.
    Eighth article this approach by said common life of family members including: (a) parents, and zu parents, and outside zu parents; (ii) spouse; (three) minor children; (four) has adult but for disease cannot independent life of children; (five) common life of married and unmarried children; (six) parents double died and by zu parents or outside zu parents as guardian of minor or has adult but cannot independent life of grandson female and grandson female; (seven) in big secondary attended of has adult children.
    Nineth article this approach by said family income, is refers to common life of family members of all currency income and real income of sum, including following content: (a) wage, and bonus, and allowance, and subsidies and other labor income; (ii) retired fee and the received of various insurance; (three) savings deposits, and stock, securities and fruits card; (four) rental or sold family assets get of income; (five) statutory maintenance people, and dependency people or raised people should payment of maintenance, and dependency or raised fee;
    (F) survivors ' living; (VII) inherited and accepted the donation, (VIII) production and operating net income; (I) transferring intellectual property income and (10) shall be included in family income.
    Tenth article family income not including following content: (a) on national, and social and people made special contribution, Government give of bonus and prizes; (ii) special care and object enjoy of pension, and grant, and nursing fee and health gold; (three) in school attended children of scholarship, and grants; (four) by provides by where units generation paid of housing Provident Fund and the social security and manpower fee; (five) child fee and funeral.
    11th for not participating in the basic old-age insurance and have no production capacity, unable to pay old-age insurance in cities and towns collective enterprises in labor and Social Security Department officially retired workers to retirement procedures I, by the Home Department by local urban residents ' minimum living guarantee standard monthly living expenses.
    Due to long-term losses, layoffs, half in production for more than 6 months in a row without or is not paid in full or basic living expenses of workers, identified by the local labor and social security departments and provide proof, can tell your actual income for the accounting.
    12th article city residents application enjoy minimum life guarantees treatment should by heads to household location subdistrict offices, and Xiang (town) Government proposed written application, fill in city residents minimum life guarantees treatment approval table, and issued following material: (a) applications, and employment application form; (ii) booklet, and identity card; (three) family in the all has labor capacity members of income proved; (four) other related proved material.
    Organs, enterprises, institutions and other organizations should provide real proof issued by the workers in difficulties. 13th Street Office and township (town) people's Government after accepting the application, should be taken directly or entrust the community neighborhood Committee survey, neighborhood visits, letters, certificates, such as verification. Subdistrict offices and township (town) people's Governments for examination and then all materials and preliminary comments should be submitted to the County Civil Affairs Department for approval.
    Review the submitted materials in the county-level people's Government, the Ministry of civil affairs sector, to meet the conditions of subsistence allowances for urban residents, receive subsistence allowances for urban residents will be issued gold certificates, and report to the Department of civil affairs at a higher level for the record; do not meet the conditions of subsistence allowances for urban residents, and shall inform the applicant in writing and state the reasons.
    Approval procedures shall be from the date of receipt of the applicant finished 30th.
    Review should be conducted on a quarterly basis, a special object for half a year.
    14th article on meet enjoy city residents minimum life guarantees treatment of family, should distinguish following different situation approved its enjoy city residents minimum life guarantees treatment: (a) on no life source, and no labor capacity and cannot set maintenance people, and dependency people or raised people of city residents, according to local city residents minimum life guarantees standard full enjoy; (ii) on is has must income of city residents, according to family months per capita income below local city residents minimum life guarantees standard of difference enjoy. 15th subsistence security for urban residents by County Civil Affairs Department commissioned a bank or post office monthly. The financial departments shall, in accordance with the approved safeguard funds allocated delegates in advance of the Bank or the post office.
    Guaranteed subsistence security for urban residents receive permit holders, heads of ID card to the nearest dot or the specified location to receive. 16th funding for subsistence allowances for urban residents, the people's Governments at all levels included in the budgets, special funds for subsistence allowances for urban residents expense account and project management. Civil affairs departments at all levels shall guarantees object at the end of each year in accordance with the approved funding, financial departments at the next year's spending plan, after approval by the financial departments approval of the people's Governments at the same level, as "finance social security benefits fund account", and transferred to "the subsistence allowances for urban residents of gold", implementation of earmarked may intercept or appropriate or divert.
    The financial departments shall, in accordance with the approved expenditure budget by month or quarterly in advance paid, guaranteed monthly payments.
    On the relative concentration of enterprises, the financial areas of particular difficulty, approved by the finance, civil affairs departments, give appropriate subsidies. 17th to encourage social organizations and individuals donations, assistance for subsistence allowances for urban residents; provided by donations, funding, all funds into local subsistence allowances for urban residents.

    18th Street Office and township (town) people's Government or community residents ' Committee shall respectively on the application and approved treatment of subsistence allowances for urban residents notice published by way of the family, accept public supervision and supervision by public opinion. Any person who does not meet the conditions and treatment of subsistence allowances for urban residents, are entitled to make recommendations to management and administrative examination and approval organs.
    After verification, the case should be corrected. 19th object should be to the subdistrict office and township (town) people or family members and community neighborhood Committee report income changes, worked actively with the community neighborhood Committee and periodic review of the approval authority.
    Is able to work in the age of admission to employment, but employment of city residents, enjoy the subsistence allowances for urban residents during the treatment, shall be subject to the relevant departments, participate in community residents organized non-profit community service work.
    20th finance, auditing and supervision departments in accordance with law on the subsistence allowances for urban residents to supervise the use of funds.
    Article 21st not listed, virtual people's Government in charge of the urban resident's minimum living guarantee funds, by the higher people's Governments shall give criticism, period correct; by criticism, is still not corrected, mainly responsible for the sanctions. 22nd article engaged in city residents minimum life guarantees management staff has following behavior one of of, give criticism education, plot serious of law give administrative sanctions; constitute crime of, law held criminal: (a) on meet city residents minimum life guarantees conditions of family refused to regular approval of; (ii) on not meet city residents minimum life guarantees conditions of family approved its enjoy city residents minimum life guarantees of; (three) negligence, and engages in or corruption, and misappropriated, and withheld, and
    Arrears of subsistence allowances for urban residents.
    23rd article guarantees object has following behavior one of of, by County Government home sector give criticism education, and recovered its impersonator amount; plot serious of, sentenced impersonator amount 1 time times above 3 times times following of fine: (a) false, and hide truth, and forged proved material of; (ii) family income occurred changes, above local minimum life guarantees standard, not by provides told management approval organ, continues to received city residents minimum life guarantees gold of.
    24th do not scatter, and vexatious, disturbance, abuse, staff beaten to engage in subsistence allowances for urban residents by the public security authorities in accordance with the relevant regulations, penalties; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    25th is able to work in the age of employment but not employment, without due cause, failure to accept two work arrangements or two that fails to participate in the nonprofit community neighborhood Committee organization of community service work could be reduced or stopped subsistence security for urban residents.
    Object organization issued false certificates, by the local people's Government criticized the education in serious cases, main responsible persons and persons directly responsible shall be investigated for criminal unit responsibilities.
    Article 26th city residents of the County Civil Affairs Department not to grant subsistence allowances for urban residents treatment or hair reduction, discontinuation of subsistence allowances for urban residents, decision or given administrative punishment is dissatisfied, he may apply for administrative reconsideration is not satisfied with the reconsideration decision, you can file an administrative lawsuit in accordance with law.
    27th article of the implementing measures shall take effect on August 1, 2004.