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ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of June 8, 2020 No. 217

About approval of Rules of calculation (determination) of the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund

(as amended on 28-12-2022)

According to the subitem 12) article 10 of the Law of the Republic of Kazakhstan "About compulsory social insurance" PRIKAZYVAYU:

1. Approve the enclosed Rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation according to appendix 1 to this order.

2. Declare invalid some orders of the Minister of health and social development of the Republic of Kazakhstan and the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan according to the list according to appendix 2 to this order.

3. To department of policy of social insurance, basic social and provision of pensions in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sarbasov A. A.

5. This order becomes effective since January 1, 2020 and is subject to publication.

Minister of Labour and Social Protection of the population of the Republic of Kazakhstan

B. Nurymbetov

It is approved

Ministry of Education and Science of the Republic of Kazakhstan

 

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

 

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 8, 2020 No. 217

Rules of calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund

Chapter 1. General provisions

1. These rules of calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund (further – Rules) are developed according to the subitem 12) of article 10 of the Law of the Republic of Kazakhstan "About compulsory social insurance" (further – the Law), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for calculation (determination), the amount of social payments, appointments, recalculation, suspension, renewal, the termination and implementation of social payments from the State Social Insurance Fund.

In case of modification and (or) amendments in these rules regarding rendering the state service the central executive body within three working days after state registration of the order which provides modification and (or) amendments informs The Government for Citizens State corporation, the operator of information and communication infrastructure of "the electronic government", Single contact center and authorized body on control in the sphere of compulsory social insurance on the made changes and (or) additions.

2. The basic concepts used in these rules:

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, 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;

2) the supporter – person containing the disabled family members consisting in its dependence at the expense of the income;

3) the payer of social assignments (further – the payer) – the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

3-1) payer of single payment – the tax agent determined by article 776-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

4) social payments – the payments performed by the State Social Insurance Fund for benefit of the receiver of social payment;

5) authorized organization for issue of social payments – the banks of the second level, the organizations having licenses of authorized body on regulation and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

6) the receiver of social payment (further – the receiver) – the physical person for whom social contributions to the State Social Insurance Fund before case of social risk were made and concerning which the State Social Insurance Fund passes the decision on purpose of social payments and in case of the death of person who is the participant of system of compulsory social insurance - members of the family of the dead (recognized by court is unknown absent or declared the dead) the supporter, consisting in its dependence;

6-1) administrative authority – state body, local government body, the state legal entity, and also other organization which according to the laws of the Republic of Kazakhstan are given authority on adoption of the administrative act, making of administrative action (failure to act);

7) the principle of "one statement" – the form of rendering the state service providing set of several state services rendered based on one statement;

8) AIS "E-prototype" - the automated information system "Electronic Purpose of Retirement Benefits and Benefits" of the central executive body (further – AIS "E-prototype");

9) person who is engaged in private practice - the private notary, the private legal executive, the lawyer, professional mediator;

10) branches of fund – regional, the cities of republican value and the capital branches of the State Social Insurance Fund;

11) division of medico-social examination (further – division of MSE) – the structural division of authorized body on control in the sphere of compulsory social insurance which is carrying out medico-social expertize;

12) the State Social Insurance Fund (further - fund) – the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance and concerning which there came the case of social risk, including family members - dependents in case of loss of the supporter;

13) departments of the State corporation – city, district departments of the State corporation;

14) branches of the State corporation – regional, the cities of republican value and the capital branches of the State corporation;

15) general years of service of participation in system of compulsory social insurance – total quantity of months for which social assignments arrived;

16) the participant of system of compulsory social insurance – physical person for which social assignments are paid and which has the right to social payments in case of approach of the cases of social risk provided by the Law;

17) authorized body on control in the sphere of compulsory social insurance – territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;

18) pro-active service – the state service rendered electronically, provided at the initiative of the subject of rendering services which rendering requires the obligatory consent of the subject of receipt of service provided by means of the subscriber structure of cellular communication;

19) the central executive body – the state body performing management in the sphere of social protection of the population, regulation, control functions behind activities of fund;

20) jobcenter of the population (further – jobcenter) - the legal entity created by local executive body of the area, the cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment, the organization of social protection from unemployment and other measures of assistance of employment according to the Law of the Republic of Kazakhstan "About employment of the population";

20-1) Service of digital documents is the object of information and communication infrastructure of "the electronic government" assigned to the operator and intended for creation, storage and use of electronic documents for the purpose of realization of the state functions and the state services following from them and also in case of interaction with physical persons and legal entities, obtaining and rendering services electronically.

21) electronic prototype of case (further – EMD) – the electronic prototype of case of the receiver of social payment created by the State corporation in the automated information system "E-prototype";

21-1) state information portals "Electronic employment exchange" – the information system containing single information base of the labor market;

22) the web portal of "the electronic government" (www.egov.kz) (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

23) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

24) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

25) the electronic request – the data necessary for the purpose of social payments in electronic form certified by the digital signature of the State corporation, division of MSE, jobcenter;

26) the electronic statement – the statement, in electronic form, certified by the digital signature.

Chapter 2. Procedure for the request for purpose of social payments

3. Persons having the right to social payments (further - uslugopoluchatel), address with the identity document, and the statement in forms, according to appendices 1, of 2, 4 and 5 these rules in fund:

1) behind purpose of social payment to disability case:

through division of medico-social examination – in case of primary establishment of extent of loss of general working capacity;

through the State corporation in case of establishment of extent of loss of general working capacity at the time of the address.

At the same time, the uslugopoluchatel submits the application by the principle of "one statement" according to appendix of 3 Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments approved by the order of the Minister of health and social development of the Republic of Kazakhstan of April 14, 2015 No. 223 (it is registered in the Register of state registration of regulatory legal acts for No. 11110).

At the same time reception of an application is performed:

in the location of division of medico-social examination of the respective region;

at field meetings:

based on treatment and prevention facilities at the permanent address (registration) of uslugopoluchatel;

in the location on treatment in specialized agencies;

in correctional facilities and pre-trial detention centers, in the place of stay of uslugopoluchatel;

at home, in hospital – if person for health reasons according to the conclusion of the medical and advisory commission cannot be for medico-social examination;

in absentia – when osvidetelstvuyemy person is nontransportable and/or is on hospitalization outside the served region, based on the submitted documents determined by the list of the main requirements to rendering the state services (further – the List of requirements) "Purpose of social payment to disability case", with the consent of osvidetelstvuyemy person or the legal representative;

2) behind purpose of social payment to case of loss of the supporter through the State corporation.

At the same time person having the right to share of social payment to case of loss of the supporter addresses to department of the State corporation;

3) behind purpose of social payment to case of loss of work through:

the state corporation (in the presence of data on registration as the unemployed);

jobcenter – in case of registration of person, as the unemployed and the request by the principle of "one statement" for purpose of social payment to work loss case;

the portal – in the presence of data on registration as the unemployed;

the Elektronnaya Birzha Truda portal in case of registration as the unemployed on the specified portal;

4) behind purpose of social payment to case of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) through the State corporation;

5) behind purpose of social payment to case of loss of the income in connection with child care of age of one and a half years on reaching it through:

state corporation;

portal;

subscriber structure of cellular communication.

At the same time the request for purpose of social payment to case of loss of the income in connection with child care of age of one and a half years on reaching it can be performed by the principle of "one statement" in case of receipt of the state service "Registration of the Birth of the Child, including Modification, Amendments and Corrections in Civil Registration". Consideration of the application on purpose of social payment to case of loss of the income in connection with child care of age of one and a half years on reaching it is performed after registration of the birth of the child.

4. Filing of application and necessary documents for purpose of social payments by the third parties is performed under notarially certified power of attorney of person having the right to social payments according to the procedure, the established Law on notariate.

5. For purpose of social payments to persons, by the judgment acknowledged incapacitated, it is limited capable or needing guardianship or custody, the statement and necessary documents are filed by their guardians.

To the person having the right to social payment, being in correctional facility, social payment is appointed based on the statement and documents submitted by administration of correctional facility to department of the State corporation in the place of its stay.

6. Submission of the statement for purpose of social payments is not required in case of their appointment through pro-active service. The procedure for rendering pro-active services to destination of social payments is provided by Chapter 5 of these rules.

7. In case of approach of social risks purpose of social payment is performed based on the statement (including electronic) and the identity document, or the electronic document from service of digital documents (for identification) (in case of the request for purpose of social payments of persons having the status of kandas the certificate of kandas, or the electronic document from service of digital documents (for identification is provided), and also:

1) on case of loss of the supporter:

death certificates of the supporter (or the reference containing data from civil registrations about death, or the notification on death received by means of the web portal of "the electronic government") or or the judgments about recognition of person it is unknown absent or about the announcement the dead;

the documents confirming the related relations with the dead (acknowledged court it is unknown the absent or announced dead), certificates of birth of child(children) of the died supporter and about the conclusion (termination) of scrap (matrimony), about adoption (adoption), about paternity proof (motherhood) or the electronic document from service of digital documents (for identification):

references from the organization of secondary, technical and professional, postsecondary, higher and (or) postgraduate education that family members aged from eighteen up to twenty three years are studying or studying full-time in form according to appendix 31 to these rules (it is updated annually);

the document on establishment of guardianship or custody or the electronic document from service of digital documents (for identification);

2) on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children):

leaf (sheets) of temporary disability issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

3) on case of loss of the income in connection with child care of age of one and a half years on reaching it:

evidences (certificates) on the child's birth (children) or the electronic document from service of digital documents (for identification), (or the reference containing data from civil registrations on the birth);

depending on their availability:

the statement from the judgment about adoption (adoption) of child(children) issued by the body performing functions on guardianship or custody (in cases of adoption (adoption) of child(children) aged up to one and a half years);

evidences (certificates) on the death of child(children), (or the reference containing data from civil registrations about death, or the notification on death received by means of the web portal of "the electronic government").

8. In addition to the documents listed in Item 7 of these rules the data requested from information systems (further - IS) according to Item 14 of these rules are enclosed to the application.

9. The list of the main requirements to rendering the state services including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state services is provided in Lists of requirements according to appendices 6, of 7, of 8, 9 and 10 to these rules.

10. In case of documents acceptance their originals and copies for reconciliation are represented, copies of documents are verified by the specialist accepting documents after checking with the provided originals, except cases when copies of documents are attested according to the procedure, established by the Law of the Republic of Kazakhstan "About notariate". The documents submitted in originals are scanned and return to the applicant, except for leaf (sheets) of temporary disability issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) and the reference from the organization of secondary, technical and professional, postsecondary, higher and (or) postgraduate education.

In case of submission of the documents constituted in foreign language, the notary witnesses fidelity of the translation of the document on Kazakh or Russian according to the subitem 9) of Item 1 of Article 34, article 80 of the Law of the Republic of Kazakhstan "About notariate".

11. In case of the request of the applicant for purpose of social payment check on availability at the applicant of the fact of appointment or filing of application on purpose of the corresponding social payment, including on child(children) is performed.

In case of receipt of data from IS of the central executive body confirming the fact of purpose of the corresponding social payment or filing of application to purpose of the corresponding social payment (except cases of the termination of social payment on case of loss of the income in connection with child care of age of one and a half years on reaching it), the applicant is instantly handed the receipt on refusal in documents acceptance in form according to appendix 11 to these rules.

12. The specialist adopting the statement checks completeness of document package, accepted at the applicant for purpose of the corresponding social payment, and also the data received from IS of state bodies and (or) the organizations provides quality of scanning and compliance of electronic copies of the documents to originals submitted by the applicant according to appendices 6, of 7, of 8, of 9 and 10 these rules.

13. In case of representation by the applicant of incomplete document package and (or) documents with the expired effective period and (or) discrepancies of data under the identity document (except their change according to the legislation of the Republic of Kazakhstan confirmed by data from the state information systems) with documents necessary for appointment, or lack of the right to purpose of social payment to the applicant the receipt on refusal in documents acceptance in form according to appendix 11 to these rules is instantly issued.

14. The specialist adopting the statement and documents creates requests in the relevant IS through lock of "the electronic government":

in IS the State database "Physical persons" under identity documents of the applicant;

in IS of banks of the second level according to data on bank account number opened in the banks and (or) the organizations performing separate types of banking activities, or the control account of cash of correctional facility;

in case of the request for purpose of social payment:

on disability case – in IS "Centralized Databank of Persons Having Disability" according to certificates of establishment of extent of loss of general working capacity, of carrying out survey and establishment of group of disability;

on case of loss of the supporter:

in IS "RAGS" according to the certificate of birth of child(children) or the reference containing data from civil registrations on the birth on adoption (adoption) of child(children), about marriage or the reference containing data from civil registrations on scrap on the death of the supporter (acknowledged court it is unknown the absent or announced dead) about the death of child(children) or the reference containing data from civil registrations on death;

in IS "NOBD" according to data on training of dependents in full-time in the organizations of general secondary education, technical, professional, postsecondary, higher, postgraduate education;

in IS "Centralized Databank of Persons Having Disability" about carrying out survey and establishment of group of disability (when children, including the adopted (adopted) brothers, sisters and grandsons who did not reach eighteen years are also more senior than this age, are recognized as persons with disability since the childhood of the first or second group);

in IS "E-guardianship" according to the certificate of establishment of guardianship of establishment of guardianship (guardianship) over the child

on work loss case – in IS "Labor market" according to the reference of authorized body concerning employment about registration of the applicant as the unemployed;

on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children):

in IS "RBiZhF" according to leaf of temporary disability, issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

in IS "The Integrated Taxation Information System" according to data on state registration of the applicant as the individual entrepreneur, persons who are engaged in private practice, and also Chapters country or farms and in IS "The Centralized Unified Personal Accounts" according to the statement from personal account of the taxpayer about condition of calculations with the budget, and also on social payments, issued by bodies of state revenues, in form according to appendix 19 to the Rules of maintaining personal accounts approved by the order of the Minister of Finance of the Republic of Kazakhstan of February 27, 2018 No. 306 (it is registered in the Register of state registration of regulatory legal acts for No. 16601) (in case of the request for purpose of social payment to cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) by the individual entrepreneur, person who is engaged in private practice and also Chapter country or farm) for the last twelve calendar months, preceding month in which there came the right to social payment;

on case of loss of the income in connection with child care of age of one and a half years on reaching it – in IS "RAGS" according to the certificate of birth of child(children) or the reference containing data from civil registrations on the birth on adoption (adoption) of child(children), about marriage or the reference containing data from civil registrations on scrap (in cases of change of surname of the parent containing in the received data), about the death of child(children) or the reference containing data from civil registrations on death.

In case of discrepancy (absence) of data in IS the relevant documents, except for data on bank account number are enclosed to the application.

15. To the applicant who addressed to the State corporation, the receipt on acceptance of the relevant documents is handed.

The applicant who addressed to jobcenter or to division of MSE is handed the detachable coupon of the statement with mark for adoption of documents.

Chapter 3. Procedure for purpose of social payments

16. The jobcenter, division of MSE within one working day from the date of adoption of the statement directs the electronic request consisting of the statement and electronic copies of the documents submitted by the applicant in the original and also the data received from IS of state bodies and (or) the organizations in department of the State corporation to purpose of social payment.

Electronic copies of documents make sure the EDS of the specialist who adopted the statement.

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