of July 13, 1999 No. 414-I
About the public special welfare payment to persons working at underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work
This Law is directed to social protection of the citizens who had as of January 1, 1998 the years of service established by this Law on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work.
In this Law the following basic concepts are used:
1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;
1-1) authorized bodies to destination benefits - territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;
2) the public special welfare payment (further - benefit) - money payment to persons which had as of January 1, 1998 the length of service established by this Law on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work;
3) the central executive body - the state body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the sphere of social protection of the population;
4) No. 50-VIII ZRK is excluded according to the Law of the Republic of Kazakhstan of 23.12.2023
Allowance payment according to this Law is performed at the expense of budgetary funds.
1. Citizens of the Republic of Kazakhstan have the right to benefit according to the procedure, provided by this Law.
2. The benefit is paid monthly.
3. The benefit is paid irrespective of the received salary.
1. The citizens who had as of January 1, 1998 length of service according to the List No. 1 of productions, works, professions, positions and indicators on underground and open mining operations, at works with especially harmful and especially severe conditions of work approved by the Government of the Republic of Kazakhstan have the right to purpose of benefit:
men - on reaching 53 years and in case of length of service at least 20 years, from them at least 10 years at the specified works;
women - on reaching 48 years and in case of length of service at least 15 years, from them at least 7 years 6 months at the specified works.
2. The citizens who had as of January 1, 1998 length of service according to the List No. 2 of productions, works, professions, positions and indicators with harmful and severe conditions of work approved by the Government of the Republic of Kazakhstan have the right to purpose of benefit:
men - on reaching 58 years and in case of length of service at least 25 years, from them at least 12 years 6 months at the specified works;
women - on reaching 53 years and in case of length of service at least 20 years, from them at least 10 years at the specified works.
2-1. Calculation of length of service is performed according to the Social code of the Republic of Kazakhstan.
3. In case of insufficiency of the length of service required by this Law according to the List No. 2 of productions, works, professions, positions and indicators at works with harmful and severe conditions of work length of service according to the List No. 1 of productions, works, professions, positions and indicators on underground and open mining operations, at works with especially harmful and especially severe conditions of work is set off.
4. The entitlement to benefit does not extend to the citizens who retired on favorable terms till January 1, 1998.
1. The request for purpose of benefit is performed after emergence of entitlement to benefit without restriction with any term at any time.
At the same time the allowance is granted irrespective of, work by the time of the request for purpose of benefit is stopped or continues.
2. The statement for purpose of benefit with application of documents which list is determined by the central executive body moves person having the right to its obtaining in the State corporation.
3. The term of purpose of benefits does not exceed eight working days from the date of registration of a statement with all necessary documents in the State corporation.
4. Day of the request for purpose of benefits day of registration of a statement with all necessary documents in the State corporation is considered.
In case of refusal in purpose of benefit the authorized body to destination of benefit shall motivate in writing causes of failure and return to the applicant documents.
5. The allowance is granted from the date of the address. The procedure for appointment, implementation, suspension, recalculation, renewal, termination of allowance payment and review of the decision on its payment is determined by the central executive body.
1. The bases for refusal in reception of an application on purpose of benefit are:
1) receipt of the data from information system of the central executive body confirming the fact of appointment, payment, filing of application to purpose of benefit;
2) representation by the applicant of incomplete document package according to the legislation of the Republic of Kazakhstan and (or) documents with the expired effective period;
3) discrepancy of data under the identity document (except its replacement according to the legislation of the Republic of Kazakhstan which is confirmed by data from the state information systems), with the documents necessary for purpose of benefit;
4) lack of consent of the applicant to access to personal data of limited access which are required for purpose of benefit.
2. The bases for refusal in purpose of benefit are:
1) establishment of unauthenticity of the documents submitted by the applicant for purpose of benefit, and (or) these (data) containing in them;
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