Under Subsistence Allowances For Urban Residents In Hainan Province

Original Language Title: 海南省城市居民最低生活保障规定

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(May 19, 2003 11th meeting consideration of the people's Government of Hainan Province on June 9, 2003, Hainan Provincial people's Government, the 165th published) first to guarantee the basic living of the residents of the city, maintaining social stability, promoting economic development and social progress, according to the State Council published regulations of the subsistence allowances for urban residents, combined with the facts of the province, these provisions are formulated.
    Second city residents who hold non-agricultural, where family members to live together per capita income lower than the household's cities, counties, autonomous counties of minimum living standards for urban residents, has the right to basic material assistance from the local people's Government. Article urban resident's minimum living guarantee work of local people's Governments at various levels in charge.
    City and County civil affairs departments, autonomous county people's Government is responsible for the administrative management of subsistence allowances for urban residents in financial sector funds in accordance with the provisions implementing the subsistence allowances for urban residents; labor and social security, monitoring, statistics, prices, auditing, trade unions and other sectors Division, within the scope of their respective duties and responsibilities of the subsistence allowances for urban residents coordination, inspection and supervision work.
    City, the people's Governments of counties, autonomous counties home sector and subdistrict offices and town people's Governments (hereinafter administrative examination and approval authority) is responsible for the subsistence allowances for urban residents.
    Residents ' Committee or other organization authorized by the administrative examination and approval authority and assume the day-to-day management of subsistence allowances for urban residents, service jobs. Article fourth urban resident's minimum living guarantee funds to finance budgetary arrangements, supplemented by multi-channel financing.
    Specific sources including: (a) the financial budget funds, (ii) Organization of welfare Lottery funds and (iii) grants, sponsorship funds; (iv) Union arrangements the warmth; (v) other funds. And the people's Governments of counties, autonomous counties, civil affairs departments before the end of the year, should be based on the minimum life guarantee within the administrative area number, higher grants and fund balance at the end of the year, estimates and budgets for next year, examined by the financial Department of the people's Governments at the same level, reported to people's Governments at the same level for approval, included in the annual budget.
    Financial budget funding at all levels into "financial subsidies to social security accounts", project management, and earmarked budget shall not be virtual columns may not be appropriate or divert, on time and ensure that funds are in place.
    Central financial transfer paid to this province of minimum life guarantees funds and provincial financial arrangements of city residents minimum life guarantees funds, by Province Government financial sector according to the city, and County, and autonomous minimum life guarantees object of number, and minimum life guarantees work performance, and financial difficult degree and efforts degree and Central directly under the units, and province directly under the units difficult city residents distribution situation, factors, through special transfer paid approach grants to the city, and County, and autonomous. Article fifth urban resident's minimum living standard, in accordance with necessary for city residents living in the local clothing, food, accommodation, and with due regard to electricity coal-fired (gas) costs and expenses of compulsory education for minors.
    Municipalities, counties, autonomous counties to develop standards of subsistence allowances for urban residents, reported the people's Governments at the corresponding level for approval and submitted to the provincial people's Government for the record after the execution.
    Sixth article this approach by said of family income, is refers to has statutory of maintenance, and dependency, and raised relationship, common life of family members of all currency income and real income of sum, including following content: (a) various wage, and bonus, and allowance, and subsidies and other labor income; (ii) retired fee, and laid off workers basic living, and pension, and unemployment insurance; (three) statutory maintenance people, and dependency people or raised people should payment of maintenance, and dependency fee or raised fee; (four) inherited, and accept gift to of property;
    (E) savings deposits and marketable securities dividends and bonuses; (vi) rent or sell household property income; (VII) due to copyrights, trademark rights, patent rights and other intellectual property income, (VIII) other income shall be included in the family.
    Seventh article application who has following case one of of, shall not enjoy city residents minimum life guarantees treatment: (a) family income per capita over minimum life guarantees standard of; (ii) family has labor capacity of members no due reason refused to employment or participate in labor of; (three) family members in the has drug, and gambling of; (four) violation family planning policy Super of; (five) legal, and regulations provides of other case. Eighth dynamic management of subsistence allowances for urban residents.
    The calculation of family income shall, when applying for subsistence allowances for urban residents the first 3 months of the average amount of revenue.
    Subdistrict offices, Township people's Governments, neighborhood committees every 3 months or other authorized organization should again receive total protection of the household income of the residents, and communicated in a timely manner and the people's Governments of counties, autonomous counties, civil affairs departments.
    When the migration of urban residents in receipt of benefits, shall from the date of account migration to the original account in the 30th seat of the city, the people's Governments of counties, autonomous counties the Home Department to ensure treatment change; fails to do need to reapply.
    Nineth for urban residents minimum life security, headed by the applicant to the domicile residents or other authorized organizations to submit written applications, completing the treatment of subsistence allowances for urban residents form (hereinafter form), a set of three copies; and proof of residence, identity cards, family members or residents ' Committee proof of income and other relevant material.
    No residents of the Township were established, applicants to head directly to the Township people's governments apply for the minimum living guarantee payment. Article tenth neighborhood committees or other organizations entrusted with the investigation and verification of the situation of the applicant, posted, the request for the opinions of the masses.
    To meet the conditions of subsistence allowances for urban residents shall be from the date it receives for city residents and applicants up to 5th related materials and investigate the situation reported street or township Governments for review.
    Street or township people's Governments shall, from the date of receipt of the materials review comments up to 10th, submitted to the city, the people's Governments of counties, autonomous counties, where the Home Department for approval. City, County, autonomous county people's Government Civil Affairs Department 15th days within receipt of the submitted materials and approval procedures. Decision, shall determine the amount of relief will be reported to the provincial Department of Civil Affairs of the form for the record, and at the same time issue a subsistence security for urban residents receive a certificate. City residents without family income, a full treatment of subsistence allowances for urban residents.
    Family income less than the local minimum living standard of urban residents, the difference between treatment of subsistence allowances for urban residents.
    Subdistrict offices, Township people's Government, the residents ' Committee or other authorized organization should be approved within the 7th city-dwellers would enjoy the benefits of subsistence allowances for urban residents lists, the amount of security posted.
    Decided not to approve treatment of subsistence allowances for urban residents, and shall notify the applicant in writing and state the reasons.
    11th subsistence security for urban residents by the city, the people's Governments of counties, autonomous counties home sector in monetary form monthly.
    12th people's Governments at various levels and departments concerned residents to enjoy the benefits of subsistence allowances for urban residents in employment given the necessary support and care, and in education, health, housing, water, electricity, gas, formulate preferential policies in respect of administrative fees.
    13th article in violation of the provisions of article seventh, eighth, tenth and 11th, in accordance with the relevant provisions of the urban minimum living allowances are punished.
    14th at the municipal and County, autonomous county people's Government Civil Affairs Department not to grant subsistence allowances for urban residents treatment or reduction, suspension of subsistence allowances for urban residents treatment decisions or given administrative punishment is dissatisfied, he may apply for administrative reconsideration; still is not satisfied with the reconsideration decision, file an administrative lawsuit in accordance with law.
    15th article of the specific problems in the application of the provincial Civil Affairs Department is responsible for the interpretation.
                                                                                                                    16th article of the regulations come into force on July 1, 2003.