Subsistence Allowances For Urban And Rural Residents In Shantou City Approach

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

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(December 17, 2003 Government of Shantou 14th Executive meeting on January 1, 2004, Government of Shantou announced 74th) Chapter I General provisions article to regulate the system of subsistence allowances for urban and rural residents in Shantou city, guarantee the basic living of the residents, according to the provisions of the relevant laws, rules and regulations, combined with the city's actual, these measures are formulated.
    The inhabitants of this city, the second residence, and their family members to live together per capita monthly income lower than the minimum living standards for local residents (hereinafter referred to as standard), you can apply for the minimum living standard security.
    Third resident's minimum living security system, follow the principle of basic protection, adhere to national security and social assistance, encouragement of labour self-help approach. Article fourth resident's minimum living security system, the implementation of people's Governments at all levels responsibility.
    Residents living within the Department responsible for the administration of the public security management; the district (County) civil affairs departments, neighborhood offices (town) is responsible for the resident's minimum living guarantee of specific management and processing; (village) committees according to the measures, as well as sub-district offices (town) delegate and assume the day-to-day management of resident's minimum living guarantee and service.
    All levels of finance, personnel, labor and social security, audit, statistics, prices, trade unions, health, education, justice, public security, industry and commerce, taxation and other departments shall, according to their respective duties, assist Civil Affairs Department with the resident's minimum living guarantee of relevant work.
    Article fifth resident's minimum living guarantee funds (including resident's minimum living guarantee basic medical assistance fund, hereinafter the same) by the people's Governments at all levels included in the budgets of, special management, earmarks, not to misappropriate.
    Jinping district, longhu, haojiang district resident's minimum living guarantee funds by municipal and district financial burdens in 40% and 60%, respectively; chenghai, Chaoyang District, Chao nan and Nan ' ao County resident's minimum living guarantee funds by the district (s) and town (subdistrict office) financial burden and burden ratio from the district (County) shall determine.
    Encourage social organizations and individuals donations, support for resident's minimum living guarantee, provided by donations, funding, and included all the local resident's minimum living guarantee funds.
    Second chapter Lo-standard and residents family income calculation sixth article Jinping district, and longhu, and haojiang district of Lo-standard by public political sector with financial, and statistics, and prices, sector developed, reported City Government approved Hou announced implementation; chenghai district, and Chaoyang District, and tide southern and Nan ' ao County of Lo-standard, by District (County) home sector with financial, and statistics, and prices, sector developed, reported this level Government approved and reported city government record Hou announced implementation.
    Article seventh standard shall follow the principle of safeguarding basic living can overcome dependency, and taking into account the local per capita standard of living, required to maintain a minimum standard of living costs, price indicators, levels of economic development and financial status, and other social safeguards standard dovetail as well as factors such as the costs of compulsory education for minors.
    Article eighth standard should be based on the local necessities of prices and changes of living adjusted. Nineth article residents of family income is refers to has statutory maintenance, and dependency, and raised relationship and common life of all family members of various currency and real income, specific including: (a) wage, and bonus, and allowance, and subsidies and other labor income; (ii) collective distribution, sideline production income; (three) inherited of heritage and accept of gift; (four) statutory maintenance people, and helped dependants, and raised people should give of maintenance, and dependency fee or raised fee; (five) away from (back) Hugh gold, and laid off or post tuiyang basic living, and
    The social insurance benefits; (f) deposits, marketable securities and interest; (g) rent or sell household property income, (VIII) the life of local people's Governments shall give preferential subsidies.
    Article tenth of the following items are not included in the household income: (a) according to the relevant regulations of the State special allowances and other personnel for the treatment of pensions, grants, (ii) granting a one-time award of the people's Government above the county level; (c) the child care fees; (iv) funeral expenses; (e) the municipal, district (County) Government determined not included in other income.
    When calculating household income and shall be deducted in advance residents ' family members pay the social insurance, Housing Fund and other expenses.
    11th household income is not stable, applications for first 6 months average family income; household income is disposable income, which spread over 6 months. Third chapter residents minimum life guarantees treatment 12th article district (County) Ministry of civil affairs door meet enjoy residents minimum life guarantees treatment (following referred to Lo-treatment) conditions of residents, should distinguish following different situation approved its enjoy Lo-treatment: (a) on no life source, and no labor capacity and no statutory maintenance people, and dependency people or raised people (including maintenance people, and dependency people or raised people no maintenance, and dependency or raised capacity) of residents, according to local Lo-standard full enjoy; this approach implementation Qian,
    Original relief standards than local minimum standards, upheld the relief standard unchanged; (b) the other residents as members of their families enjoy the difference in per capita monthly income is lower than the local minimum standards.
    The preceding paragraph (a) provides the residents enjoy the benefits of low for a period of one year, other resident for six months, counted from the date of approval this month; to continue to enjoy the benefits of low after the expiration should re-apply in the 30th before the expiration. 13th article by approved enjoy Lo-treatment of residents (following referred to Lo-object) in enjoy Lo-treatment during, can enjoy following preferential treatment: (a) per person monthly by local Lo-standard of 14% enjoy basic medical rescue, and can according to basic medical rescue funds of balances situation enjoy special medical rescue; (ii) children in compulsory education stage from received tuition; (three) medical Shi, from received registered fee, and injection fee; (four) rent live public houses of, reduced 50% rent; (five) self-employment of, business, and
    Tax authorities according to the relevant provisions of the State tax; (vi) labor and social security departments, neighborhood offices (town) and home (village) the Committee recommended employment of priority and (seven) others can enjoy preferential treatment in accordance with law. 14th article Lo-object in enjoy Lo-treatment during, should perform following obligations: (a) family income situation occurred changes of, should timely through home (village) people Committee told subdistrict offices (town government), and handle Lo-treatment adjustment procedures; (ii) reached statutory employment age and has labor capacity of, should active employment, participate in labor sector held of employment training, accept about sector recommended employment; (three) reached statutory employment age and has labor capacity but yet employment of,
    Should participate in their subdistrict office (town) and home (village) Committee of pro bono work. 15th article residents has following case one of of, shall not enjoy Lo-treatment: (a) statutory maintenance people, and dependency people or raised people no law perform its maintenance, and dependency or raised obligations of; (ii) for gambling, and drug caused itself life difficult of; (three) violation family planning provides not law take family planning remedy measures of; (four) family members reached statutory employment age and has labor capacity, no due reason not employment or labor of, or by labor guarantees sector two times recommended employment,
    Denial of employment without good reason.
    The fourth chapter the low treatment application, approval, issuance and monitoring section 16th for low-income residents in treatment should be based on the family unit, by domicile (village) committees to the subdistrict office (town) a written application, fill in application form for treatment of low and provide documentation related to household and family income.
    (Retired) Hugh persons, unemployed people to apply for the low treatment should provide relevant evidence issued by labor and Social Security Department.
    17th (village) Council shall, from the date of receipt of the application within the 10th investigation to verify the circumstances of the applicant, views the applicant signed the relevant material and to investigate the situation reported to the subdistrict office (town) for review.
    Street (town) should be reviewed in the 10th and signed audit opinion submitted to the district (County) Civil Affairs Department for approval.
    Area (s) shall decide whether to approve the 10th Home Department, approved by decision, should determine both the low minimum subsistence benefit (hereinafter benefit) specific amounts, and issued the low treatment receive card; decides not to approve, and shall notify the applicant in writing and state the reasons. 18th (village) committees, neighborhood offices (town), district (County) home sector through household surveys, neighbourhood visits and communications cable card way, an investigation of the applicant's household income and household registration verification, applicants and members of their families shall provide the relevant information, and other relevant organizations, organization or individual shall cooperate with the investigations.
    Applicants and their family members not to cooperate with the investigation or refuse to accept an investigation, as a waiver application.
    The domicile and residence of the applicant is not in the same Habitat (village) within the jurisdiction of the Committee, accepting applications (village) the Committee may request the applicant residence (village) committees to assist in the investigation, and residence of the applicant (village) Commission should assist in the 10th to complete its investigation.
    19th district (County) home departments shall regularly provide basic living allowances to the financial departments at the roster and the required security conditions; the district (County) benefits paid in full and on time should be given to the financial sector was entrusted with the Bank or postal agent distribution. Article 20th basic living allowances by the subdistrict office (town) by UN-Habitat (village) Council take appropriate forms to households as a unit to be released, subject to public supervision. Any unit or individual does not meet the statutory requirements and enjoy the benefits of low family has the right to street (town) comments; Street (town) on checking, on the case, which should be corrected.

    21st article district (County) home sector, and subdistrict offices (town government), and home (village) people Committee should regularly on Lo-object of family income changes situation and actual living for review, implementation dynamic management, and according to Lo-object family income situation of changes, timely by following provides handle Lo-treatment adjustment procedures: (a) should stopped Lo-treatment of, by subdistrict offices (town government) will Lo-treatment received card recovered, make district (County) home sector verification;
    (B) shall reduce or increase the low treatment, anew by the Lo-Fi object after you fill out the application form for treatment of low, in accordance with the relevant provisions of the measures for approval.
    22nd section residence haojiang district, Jinping district, longhu, basic living allowances, their household registration in Jinping district, longhu, haojiang district-wide migration takes place, should be adopted in time (village) Commission informed the subdistrict office (town), and the Lo-Fi transfer procedures for the treatment.
    23rd basic living allowances to the application of basic medical assistance and special medical care, shall hold a medical fee receive certificates of receipt and the low treatment, by domicile (village) committees to the subdistrict office (town) made by UN-Habitat (village) committees, neighborhood offices (town), district (s) civil affairs departments be made reference to the low approval issued procedures for the treatment of.
    Fifth chapter legal responsibility 24th article Lo-object violation this approach provides of, by home sector in accordance with following provides processing: (a) take false, and hide, and forged, means cheat Lo-treatment of, be warning, recovered its impersonator of guarantees gold; plot bad of, at impersonator amount 1 time times above 3 times times following of fine; (ii) not perform this approach 14th article provides obligations of, be warning, and decided stop its enjoy Lo-treatment.
    25th residents to apply for the low treatment did not receive a reply, or not approved, stop to the civil affairs departments enjoy, reduce the low treatment decisions as well as administrative punishment and other specific administrative acts, may apply for administrative reconsideration is not satisfied with the reconsideration decision, you can file an administrative lawsuit in accordance with law.
    Article 26th resident's minimum living security personnel who violate these regulations, negligence, malpractice, or embezzlement, misappropriation, withholding, guarantee funds or taking bribes of arrears, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles article 27th these measures shall take effect on February 1, 2004.
                                  December 20, 1996, Shantou city people's Government promulgated the measures for the subsistence allowances for urban residents in Shantou City (Shan-fu [1996]202) repealed simultaneously.