Guangzhou's Minimum Living Guarantee Approach

Original Language Title: 广州市最低生活保障办法

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  Chapter I General provisions article in order to improve the system of subsistence allowances, basic life guarantees the city residents, in accordance with the interim regulations on social assistance and the minimum living allowances for urban residents, and the Guangdong provincial urban and rural settlements (villages) the lowest living security system of measures for the implementation of the relevant legal provisions and regulations, combined with the city's actual, these measures are formulated.

Second lowest life guarantee in these measures refers to household residents in the city, and their family members to live together per capita monthly income is below the minimum living standard for city residents, and family wealth when specified conditions are met, based on the family unit with the application, you can enjoy basic social security benefits according to law.

Living family members include the following persons: (a) spouse; (b) the parents and their minor children, and (iii) adults but children can't live independently, including in school to receive Bachelor's degree and education of adult children and (iv) other statutory 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) three years in a row (including three years) independent from family life of religious teachers and administrators, (ii) personnel serving sentences in prisons and (iii) other persons designated by the provincial Department of civil affairs.

Third article this approach applies to the lowest living guarantee treatment within the administrative area of the city application, acceptance, verification, identification, issuance and its supervisory activities.

Fourth lowest living security should adhere to the fundamental, sustainable, links up with other social security systems, security levels commensurate with the level of economic and social development principles.

Subsistence shall follow fair, just, open and timely principle.

The fifth public service responsible for daily subsistence allowances within the administrative area of the city administration, organize the implementation of these measures.

Minimum living guarantee Provisional Regional Civil Affairs Department is responsible for the objects found, security issuance and regulatory work.

Development and reform, education, human resources and social security, finance, home, health and family planning, statistics departments, shall, according to their respective duties, the minimum living standard security management.

The sixth town, neighborhood offices responsible for minimum living guarantee of acceptance, trial, and so on.

Subsistence allowances for villagers ' committees and residents ' Committee law to assist in the work.

Article seventh lowest life guarantee funds and funds needed from city and district governments added to the financial budgets.

Requirements for the purchase of services, from financial arrangements at all levels paid minimum living guarantee funds, and in accordance with the relevant provisions of the State Treasury centralized payment, purchase of services allocated assistance funds. Eighth article of the city, the unified urban and rural minimum living standard.

Should the public service together with the municipal financial, statistical, economic and social development, in accordance with this standard, combines price change index, per capita income, minimum wages and other changes, to adjust the minimum living standard, submitted to the municipal people's Government for approval.

Nineth Government through services such as forms, promote the subsistence allowances for social forces to participate in the service, social forces dug up in policy advocacy, and family status evaluation, employment guidance, psychological counselling and other aspects of the role.

Tenth home departments shall establish the minimum living standard security information management systems.

Education, human resources and social security, housing, health and family planning, and statistics departments and civil affairs departments to implement social assistance information of interconnection and sharing of resources. Chapter II application and accept the 11th lowest life protection should be based on the family unit, by a household family members to live together in the city to the domicile town, neighborhood offices submit a written application.

Family member are in trouble, you can delegate apply in writing on behalf of the villagers ' committees and residents ' Committee.

Not household after divorce, either party may hold a valid divorce document to apply.

Eligible family members to live together in the city registered permanent residence is not in the same town, neighborhood offices, but regular residence and one member of the family household, you can apply to the habitual residence; habitual residence domicile are not consistent with a family member, shall apply to the members of the family domicile of a party.

12th lowest life guarantee the applicant shall comply with the following obligations: (a) submitted to the family members, property and income and expenditure, and other related materials, (ii) commitment information provided by real, effective and complete; (c) truthfully family monthly income and family assets, and family economic conditions; (iv) authorize family economic status and cooperate with the Ministry of civil affairs departments to carry out checks and investigations.

Minimum life guarantee the applicant's refusal to authorize or does not cooperate with family status checks and investigations, operate as a waiver application. 13th monthly income of a family in accordance with apply 6 months before the date of the sum of all of the income of the family on average 6 months, families with per capita monthly income calculated in accordance with family monthly income divided by the number of family members. Following income regardless of into family monthly income: (a) special care and object law enjoy of pension grants and the other preferential treatment costs; (ii) family members for national, and social and people made highlight contribution and from levels Government get of one-time award and honors allowance,; (three) in school students get of various grants, and scholarship, and life allowance and temporary life rescue paragraph real; (four) temporary life rescue gold; (five) workers for workers wounded enjoy of injury insurance treatment, and funeral grants gold, and

Dependent relatives pension and one-time workers died grant; (six) for natural disasters reasons Government give of subsidies; (seven) child health fee, and child parents Award Gold, longevity health gold, and disabled grant, and family planning family special helped gold; (eight) urban and rural residents according to this city basic pension insurance about provides, should regardless of into family income of pension; (nine) family members law spending of maintenance, and raised fee or dependency fee, in calculation family income Shi, by proved material be corresponding reduction buckle;

(J) family members holding certificates of secondary disabilities severe disability, when the approved minimum life guarantee the applicant's average monthly income of the family, you can follow the line of minimum life guarantee standard are not included in the average monthly income of the family (11) laws, regulations and other provisions should not be included in other income of the average monthly income of the family.

14th family property shall include the following situations: (a) bank accounts, financial products and negotiable securities; (b) the housing, (iii) motor vehicles (the functional compensation of persons with disabilities travel except for motor vehicles), ships and (iv) claims, (v) other property. 15th town, neighborhood offices should be the applicant or their agents to submit materials for review.

Materials, to accept and issue a notice of acceptance.

16th article minimum life guarantees applicants exists following case one of of, town government, and subdistrict offices should not accepted: (a) not according to provides submitted application material or material not complete of; (ii) has cheat insurance records, again application minimum life guarantees Shi no special life difficult proved of; (three) according to 28th article provides stop minimum life guarantees treatment, party in minimum life guarantees treatment stop of day up 6 months within again application minimum life guarantees of.

Town government, neighborhood offices in accordance with the first paragraph of the preceding paragraph shall not accept the lowest living guarantee application, should be informed at once to add material.

Chapter check and found that the 17th town, neighborhood offices shall within 15 working days from the date of receipt of a villagers ' Committee or residents ' Committee assisted by organizing people through household surveys, neighbourhood access verification, letters, certificates, information, publicity, democratic appraisal work, an investigation of the applicant's family situation, put forward preliminary review opinions, district departments.

Family economic status verification require applicants, accepting the application,, household economic status check, shall, in accordance with the relevant regulations.

18th town, neighborhood offices receive applications, the applicants found life difficult, has been difficult to maintain a basic living, may, where appropriate, in kind or in cash to help, and registered for future reference and account management. 19th town, neighborhood offices shall, after acceptance of the application, the situation at the domicile of the applicant and the appropriate publicity within the community. Publicity includes: names of applicants and their family members (excluding minors) and the employment situation.

Publicity for 7th.

Discrepancy between domicile and habitual residence of the applicant, and shall at the same time publicity in the habitual residence of the applicant.

20th publicity during the dispute and can provide valid evidence or reasonable grounds, town, neighborhood offices shall organize investigation and verification, within 20 working days to process the results and inform the applicant.

Objection handling time is not included in the trial time.

21st town, neighborhood offices can start democratic appraisal program as needed.

Democratic appraisal by the town government, the subdistrict office staff and villagers ' committees and residents ' Committee members and representatives of villagers, residents and other officials attended, the procedure in accordance with the relevant provisions of the national minimum living standard security audit. 22nd District Civil Affairs Department received the first instance, town, neighborhood offices and within 5 working days from the date of the relevant material, minimum life security and identify the qualification of the applicant.

Finds the minimum living wage, shall also determine the amount of security, providing minimum living guarantee payment to the applicant led evidence and finds within 30th of subsistence payment; found not to meet the minimum eligibility for protection, it shall inform the applicant in writing and state the reasons.

23rd article applicants and family members has following case one of of, finds not meet minimum life guarantees qualification: (a) family per capita months income above this city when residents minimum life guarantees standard of; (ii) family property total over provides standard of; (three) has motor vehicle vehicles (disabled function sex compensation travel motor vehicle car except), and ship of; (four) at their own expense arrangements children abroad study of; (five) for get minimum life guarantees treatment and gave up, and transfer, and hidden personal or family property of;

(Vi) other circumstances as stipulated by laws, rules and regulations.

Standards related to total family property in the preceding paragraph shall be separately formulated by the public service and to the public.

24th district departments and town government, neighborhood offices in pursuit of minimum life security management functions in the process according to the actual operational needs and may have access, record, copy, with information on the minimum living standard security matters, relevant units and individuals shall meet.

Fourth chapter guarantees treatment 25th article minimum life guarantees family members according to following provides enjoy minimum life guarantees treatment: (a) according to family per capita months income below this city minimum life guarantees standard of difference, by months received cash subsidies; (ii) minimum life guarantees family in the of elderly, and minor people, and heavy degrees disabled and seriously ill patients, according to this city classification relief about provides, received corresponding of special allowance.

Article 26th treatment duration from the date of determination of the lowest living guarantee calculations of the month, maximum of 12 months; in the legal employment age subsistence households and working members, enjoy the benefits of protection at a time period not to exceed 6 months.

Expired need to reapply shall submit an application before the expiration of 1 month, but all family members incapacitated family can not reapply and provide review materials only.

After the 27th lowest life guarantee re-employment, again accounting for subsistence allowances for family treatment, their employment income is not higher than the minimum living standard, not included in the average monthly income of the family; higher than the minimum living standard, in accordance with the minimum living standard not included in family monthly income, calculated on the excess could be halved.

Families without household monthly income amount maximum amount not exceeding twice times the minimum living standard and can be reduced only once a year.

28th article minimum life guarantees object has following case one of of, district home sector should made canceled minimum life guarantees treatment qualification of written decided, and since decided made of day up 5 a days within will related decided served party, while written notification about sector: (a) appeared this approach 23rd article provides case one of of; (ii) at their own expense abroad tourism of; (three) reached statutory employment age and has labor capacity but not employment of family members a months participate in social public service time insufficient 60 hours of;

(D) leave the residence for more than 3 months, town, neighborhood offices in which the application has not been a written report (v) without a legitimate reason to refuse employment training or recommending employment more than twice; (vi) there is significantly higher than the General cost of living.

29th when the general price level rose in the city, the City provided temporary price linkage mechanism and price increases starting conditions, shall, together with the municipal development and reform Department, civil affairs, finance, Statistics Department started a temporary rise in price subsidies and price linkage mechanism, temporary price subsidies to the minimum living standard security.

Fifth article 30th civil affairs departments of supervision and management should be based on the minimum living standard security object's age, State of health, and the ability to work and sources of family income classification management.

Town government, neighborhood offices shall, in accordance with the minimum living family members and classification review the changes in the economic situation of his family, and recommending changes or keep under review the minimum living standard security advice for the treatment of timely reports to the district departments.

Minimum living family members and their families the economic conditions change, and shall promptly report to the town government, neighborhood offices. 31st lowest life guarantee the applicant and the person in charge of a close relative or interested, both sides should faithfully affirm.

Town government, neighborhood offices shall be notes, separate registration in the application materials, and brought to the district survey of sector organizations.

Close relatives mentioned in the preceding paragraph means the spouse, parent, child, sibling, grandparent, grandparent, grandchild and grandson of children.

Article 32nd minimum life security in this city of household migrations occurring within, shall inform the original domicile town, neighborhood offices, and shifts from the date of transfer within the 30th for treatment of minimum living standard security procedures.

Original domicile town, neighborhood offices shall urge the minimum living standard security object to handle transfer of minimum living guarantee of treatment procedures; fails to handle the original domicile town, neighborhood offices shall report the matter to the district authorities, district departments should cancel their minimum living guarantee treatment and told to move into town, neighborhood offices again applying for a minimum security treatment.

33rd reaching the legal age for employment and the ability to work but not employment for the minimum living standard security object, should participate in the training organized by the authorities, accept the recommendation.

34th reaching the legal age for employment and the ability to work but not employment for the minimum living standard security object, should be involved in town government, neighborhood offices and villagers ' committees, neighborhood committees to arrange its health social services, or participate in town, street or village Committee or residents ' Committee approved social service, today shall not be less than 60 hours per person per month.

Minimum life security object belongs to one of the following may be exempted from social services: (a) full-time student; (b) holders of second-level hospital certificate with inappropriate personnel participating in labor and disease, (iii) children under 6 years of age and not in kindergarten's father or mother; (d) other persons unable to take care of a family member in need of care.

Minimum life security object to participate in social service measures shall be formulated separately by the governance of the public sector.

35th town, neighborhood offices can reach the statutory age for employment and the ability to work but not employment for the minimum living standard security objects entrusted to the social work agencies, carried out by social workers of its psychological counselling, enhancing social integration and other services.

Minimum life security service activities have joined the social work agencies, reapply for minimum living guarantee of the assessment report shall be issued when the social worker. Article 36th can be purchased in the form of services employed by the Government's minimum living guarantee full-time staff, full service management strength.

Staff should follow the principle of open recruitment, those who, in accordance with the General staffing, management, town, neighborhood offices use patterns, unified implementation by the civil affairs departments.

Minimum living guarantee of full-time staff employed by Government buying services shall be subject to the home sector management and assessment.

37th minimum life insurance through banks and other financial institutions, direct payment to the minimum living standard security object to the specified account.

38th article minimum life security staff working in a citizen's personal information should be kept confidential, but according to the rules shall be made public except information. 39th district departments and town government, neighborhood offices and public consultation, complaints, should be set up telephone hotlines.

Town government, neighborhood offices shall, upon receiving a complaint, to report within 3 working days from the date the relevant investigation and handling of cases reported to the District Department.

Home Department is responsible for the investigation and handling of complaints or information, since the complaint, to report within 60 days from the date of completion of verification, make a decision and decided to inform the complainants, informants.

40th lowest life guarantee the applicant or members of his family, management of minimum living guarantee of specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

Sixth chapter legal liability article 41st lowest life guarantee applicants misrepresentation, concealment, falsification or other illegal means to apply for the minimum living wage, and given a warning by the district departments, take into consideration the insurance fraud case minimum life security information systems and individual credit information system.

42nd article minimum life guarantees object has following behavior one of of, by District home sector give warning, stop minimum life guarantees treatment, ordered returned cheat of minimum life guarantees gold, and will its cheat insurance situation into minimum life guarantees information system and personal levy letter system; plot serious of, sentenced cheat amount 1 time times above 3 times times following of fine; suspected crime of, law transferred judicial organ processing: (a) take false, and hide, and forged, illegal means, cheat minimum life guarantees treatment of;

(B) enjoy the benefits of minimum life guarantee during the subsistence family economic conditions change, does not meet the minimum security conditions, failed to report to the town government, neighborhood offices.

43rd article minimum life guarantees staff violation this approach provides, has following case one of of, by appointment organ or monitored organ ordered corrected; on directly is responsible for of competent personnel and other directly responsibility personnel give disposition; suspected crime of, law transferred judicial organ processing: (a) and minimum life guarantees applicants or object has near relatives relationship or interest relationship and not truthfully affirmed or not for notes, and separate registration of; (ii) leaked in work in the knows of citizens personal information of;

(C) the fulfilment of minimum life security duties during the abuse, negligence, acts of favoritism, dereliction and (iv) other violations of UN-Habitat (village) minimum living standard security interest or the national interest.

Seventh chapter supplementary articles article 44th these measures come into effect on July 1, 2015.

Public: active public distribution: the General Office of the provincial government.

Standing Committee of the municipal party Committee, municipal people's Congress Standing Committee and Chairman of the municipal Committee of the CPPCC, Deputy Mayor.

Secretary General, Deputy Secretary General of the municipal government.

District and county people's municipal government, municipal government departments, affiliated institutions.

Ministries of municipal party Committee, municipal people's Congress Office of the General Office of the CPPCC Handan Municipal Committee, Office of the Municipal Commission for discipline inspection, the Guangzhou garrison, City Court, City Procurator's Office, the democratic parties, federations, people's organizations, the information unit. Secretariat of the Office of the Guangzhou Municipal People's Government was issued on May 21, 2015