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LAW OF THE AZERBAIJAN REPUBLIC

of February 7, 2006 No. 55-IIIQ

About social benefits

(as amended on 29-12-2020)

This Law establishes the legal basis for appointment and payment of social benefits in the Azerbaijan Republic and governs other relations arising in this sphere.

Article 1. Basic concepts

1.0. For the purposes of this Law the following concepts are used:

1.0.1. social benefits (further - benefits) - the money paid monthly or to one-timely separate categories of persons in the procedure established by this Law for the purpose of rendering social support;

1.0.2. disabled persons - persons with disability, including children aged up to 18 years with limited opportunities of health, persons which reached the age limit set by articles 7 and 8 of the Law of the Azerbaijan Republic "About work pensions", children of the dead persons under the age of of 18 years (before the end of training by pupils in full-time courses, but not advanced age of 23 years), or children with disability are more senior than 18 years which limited opportunities of health were established before achievement of 18 years by them.

Article 2. Legislation of the Azerbaijan Republic on social benefits

2.1. The legislation of the Azerbaijan Republic on social benefits consists of the Constitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, this Law and other legal acts of the Azerbaijan Republic joined.

2.2. If provisions of international treaties which the Azerbaijan Republic joined differ from the provisions established by this Law provisions of international treaties are applied.

2.3. The other social benefits paid to some categories of persons which are not provided by this Law are regulated by the corresponding legal acts.

Article 3. Persons who have the rights to benefit

3.1. Citizens of the Azerbaijan Republic have the right to monthly and lump-sum allowance on conditions and according to the procedure, established by this Law.

3.2. If international treaties which the Azerbaijan Republic joined, do not provide other, the persons without citizenship and foreigners who are constantly living in the territory of the Azerbaijan Republic have the right to monthly and lump-sum allowance on conditions and according to the procedure, established by this Law for citizens of the Azerbaijan Republic.

Article 4. Types of benefits

4.0. This Law establishes the following benefits:

4.0.1. monthly allowances;

4.0.1.1. lifelong benefit government employee;

4.0.1.2. benefit on age;

4.0.1.3. the disability benefit, to persons with disability is more senior than 18 years;

4.0.1.4. benefit to children aged up to 18 years with limited opportunities of health;

4.0.1.5. benefit on loss of the supporter;

4.0.1.6. benefit for municipal, transport and other services to some categories of persons established by relevant organ of the executive authority;

4.0.1.7. child care allowance aged up to three years;

4.0.1.8. child allowance of the military personnel of the valid compulsory military service;

4.0.1.9. benefit to guardians (custodians) of the children who lost parents and deprived of parent guardianship;

4.0.1.10. benefit to the needy families having the child aged up to one year;

4.0.1.11. It is excluded according to the Law of the Azerbaijan Republic of 24.04.2018 No. 1082-VQD

4.0.1.12. the benefit paid to the spouse (spouse) of the died ex-president of the Azerbaijan Republic or the child who is in its dependence according to the Constitutional Law of the Azerbaijan Republic "About providing the Ex-president of the Azerbaijan Republic and members of his family";

4.0.1.13. benefit to the women having more than five children.

4.0.1.14. benefit for the adopted child, including for the child up to 18 years with limited opportunities of health.

4.0.2. Lump-sum allowances:

4.0.2.1. benefit for annual treatment to persons which were injured owing to radiation accident;

4.0.2.2. benefit on the child's birth;

4.0.2.3. benefit for burial.

Article 5. Benefit option

5.1. Persons having the right to several monthly allowances provided by Articles 4.0.1.1-4.0.1. 3, 4.0.1.5-4.0.1.6 and 4.0.1.13 presents of the Law, can choose voluntarily one type of monthly allowance.

5.1-1. If the persons having the right to one of benefits, provided by articles 4.0.1.1-4.0.1.3 and 4.0.1.5-4.0.1.6 of this Law have right to benefit, the stipulated in Article 4.0.1.14 presents of the Law, these persons are granted both allowances.

5.2. To the children having the right to both benefits provided by articles 4.0.1.4 and 4.0.1.5 of this Law both types of monthly allowances are appointed.

5.3. Article 5.2 of this Law is not applied to appointment or recalculation of the benefits specified in this Article for the period till January 1, 2020 and to children with limited opportunities of health aged to 18 years having the right to work pension on loss of the supporter (except for the case specified in article 14.4 of the Law of the Azerbaijan Republic "About work pensions").

Article 6. Source of financing of benefits

6.1. The monthly and lump-sum allowances determined by article 4 of this Law (except for article 6.2 of this Law), are paid for the account of means of the government budget.

6.2. According to the Law of the Azerbaijan Republic "About social insurance" child care allowances aged up to three years, on the child's birth, on burial are paid insured at the expense of means of the national social insurance.

Article 7. Conditions of purpose of benefits

7.0. Allowances are granted in the following cases:

7.0.1. the lifelong benefit is paid to government employees if the government employees holding managerial and auxiliary positions according to the Law of the Azerbaijan Republic "About public service" voluntarily retired on reaching retirement age or on disability and have the minimum office years of service to positions of public service (15 years) and the right to work pension;

7.0.2. the benefit on age - if the disabled person has no right to work pension and did not work;

7.0.3. the benefit to persons with disability is more senior than 18 years - if the disabled person has no right to work pension;

7.0.4. the benefit to children aged up to 18 years with limited opportunities of health - if at person whose limited opportunities of health are established by relevant organ of the executive authority according to the procedure, approved by relevant organ of the executive authority is absent the right to work pension;

7.0.5. benefit on loss of the supporter;

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