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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 16, 1997 No. 126-I

About the public social benefits on disability and on the occasion of loss of the supporter in the Republic of Kazakhstan

(as amended on 12-10-2021)

Chapter 1. General provisions

Article 1. Right of citizens to the public social benefits

1. Citizens of the Republic of Kazakhstan have the right to the public social benefits on disability and on the occasion of loss of the supporter on the bases and according to the procedure, provided by this Law and other regulatory legal acts of the Republic of Kazakhstan accepted according to it.

2. The foreigners and persons without citizenship who are constantly living in the Republic of Kazakhstan have the right to the public social benefits on an equal basis with citizens of the Republic of Kazakhstan.

3. Persons having at the same time the right to various public social benefits are granted one allowance at their choice.

The provision of part one of this Item does not extend to handicapped children and disabled people since the childhood.

4. It is excluded according to the Law of the Republic of Kazakhstan of 17.03.2015 No. 293-V ZRK

Article 1-1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) division of medico-social examination (further - division of MSE) - the structural division of authorized state body which is carrying out medico-social expertize;

2) the public basic social benefits (further - benefits) - the monthly money payments performed at the expense of budgetary funds, provided to citizens in case of approach of disability and in case of loss of the supporter;

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) authorized state body - territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;

5) 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, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay.

Article 2. Funds for allowance payment

Allowance payment according to this Law is performed at the expense of budgetary funds.

Article 3. Procedure for purpose of benefits

1. The request for purpose of benefits can be performed after emergence of entitlement to benefit without restriction with any term at any time.

2. The statement for purpose of disability benefit with application of documents which list is determined by the central executive body moves in the State corporation if to person disability at the time of the address is established.

Person has the right to address to division of MSE behind purpose of disability benefit in case of primary establishment of disability.

The application for purpose of benefit on the occasion of loss of the supporter is submitted by the applicant having entitlement to benefit to the State corporation with application of documents which list is determined by the central executive body.

Submission of the statement for purpose of disability benefit in case of primary establishment of disability and benefit on loss of the supporter is not required in case of purpose of benefit through pro-active service according to the Law of the Republic of Kazakhstan "About the state services".

3. Appointment to citizens of benefit is made by authorized state body according to the procedure, determined by the central executive body.

4. Day of the request for purpose of benefit day of registration of a statement with all necessary documents in the body or the organization specified in Item 2 of this Article is considered.

In case of refusal in purpose of benefit to the applicant the authorized state body shall motivate in writing causes of failure and return to the applicant documents through the State corporation.

5. The decision of authorized state body can be appealed according to the procedure, established by the laws of the Republic of Kazakhstan.

Article 4. The translation from one type of benefit for another

Based on the statement of person receiving benefit transfer from one type of benefit for another from the date of registration of a statement in the State corporation with all necessary documents according to the procedure, determined by the central executive body is made.

Article 5. Terms of purpose of benefits

1.  No. 342-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 02.08.2015.

1-1. 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 or from the date of receipt of consent to purpose of benefit through pro-active service according to the Law of the Republic of Kazakhstan "About the state services".

2. Disability benefits are granted from the date of disability establishment, but no more than in three months prior to day of the request for its appointment or about day of receipt of consent to purpose of benefit through pro-active service according to the Law of the Republic of Kazakhstan "About the state services".

3. Allowances on the occasion of loss of the supporter are granted from the date of emergence of entitlement to benefit, but no more than in twelve months prior to day of the request for purpose of benefit with all necessary documents or about day of receipt of consent to purpose of benefit through pro-active service according to the Law of the Republic of Kazakhstan "About the state services".

4.  No. 293-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 17.03.2015

Article 6. Payment procedure of benefits

1. Allowance payment is made for current month. In case of the death of the receiver of benefit the benefit is paid till month of death inclusive.

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