of June 22, 2023 No. 238
About approval of Rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and review of the decision on appointment (refusal in appointment) social payment for disability case
According to the paragraph 2 items 4 of article 171 of the Social code of the Republic of Kazakhstan, the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:
1. Approve the enclosed Rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and review of the decision on appointment (refusal in appointment) social payment for disability case according to appendix to this order.
2. To provide to department of social security and social insurance of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
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.
3. To impose control of execution of this order on the supervising vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.
4. This order becomes effective since July 1, 2023 and is subject to official publication, except for paragraph one of the subitem 4) of Item 2 of Rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and the review of the decision on appointment (refusal in appointment) social payment for case of disability approved by this order, which:
till January 1, 2024 is effective in the following edition:
"4) 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, and also the physical person which is the payer of single cumulative payment according to article 774 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code).";
from January 1, 2024 to January 1, 2025 is effective in the following edition:
"4) 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.".
The deputy prime minister is the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan
T. Duysenova
It is approved Ministry of Finance of the Republic of Kazakhstan |
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan |
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Appendix
to the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 22, 2023 No. 238
1. These rules of calculation (determination) of the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and review of the decision on appointment (refusal in appointment) social payment for disability case (further – Rules) are developed according to the paragraph third item 4 of article 171 of the Social code of the Republic of Kazakhstan (further – the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure for calculation (determination) for the sizes, appointments, implementation, suspension, recalculation, renewal, the termination and review of the decision on appointment (refusal in appointment) social payment for disability case.
In case of modification and (or) amendments in these rules regarding rendering the state service the authorized state 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 department on control and supervision 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 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;
2) 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);
3) social assignments – the money paid by payers of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;
4) 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, including the tax agents determined by the tax legislation of the Republic of Kazakhstan, performing payment of social contributions to the State Social Insurance Fund for the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services).
As the payer of social assignments local executive bodies or other legal entities in case of payment of material benefit to individual assistants according to the paragraph are recognized to the ninth the subitem 31) of Item 2 of article 319 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further – the Tax code), and also the operator of Internet platform determined by the subitem 1) of Item 2 of Article 102 of this Code, paying social assignments for persons specified in the subitem 7) to Article part one 243 of this Code;
5) the receiver of social payment – physical person for which 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 payment;
6) the principle of "one statement" – the form of rendering the state service providing set of several state services rendered based on one statement;
7) the payer of single payment – the tax agent determined by article 776-1 of the Tax Code;
8) the automated information system "E-prototype" (further – AIS "E-prototype") - the automated information system "Electronic Purpose of Retirement Benefits and Benefits" of authorized state body;
9) social payment for disability case (further - social payment) – the payment performed by the State Social Insurance Fund for benefit of the receiver of social payment;
10) person who is engaged in private practice - the private notary, the private legal executive, the lawyer, professional mediator;
11) coefficient of years of service of participation – coefficient which is determined depending on general years of service of participation in system of compulsory social insurance;
12) division of medico-social examination (further – division of MSE) – the structural division of authorized state body which is carrying out medico-social expertize;
13) the State Social Insurance Fund (further – Fund) – non-profit organization in the form of joint-stock company, the founder and which single shareholder is the state, making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance concerning which there came the case of social risk, including family members – dependents in case of loss of the supporter;
14) general years of service of participation in system of compulsory social insurance – total quantity of months for which social assignments arrived;
15) 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 Code;
16) the digital card of family – the analytical decision realized on information and communication platform of "the electronic government" which allows to create and segment lists of families (persons) on the level of their social wellbeing;
17) pro-active service – the state service rendered without statement of uslugopoluchatel at the initiative of the service provider;
18) authorized state body – the central executive body performing management and cross-industry coordination in the sphere of social protection of the population according to the legislation of the Republic of Kazakhstan, regulation, control functions behind activities of Fund;
19) service of digital documents – the object of information and communication infrastructure of "the electronic government" assigned to the operator and intended for display and use of the documents in electronic form created based on data from objects of informatization;
20) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;
21) 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;
22) the electronic statement – the statement, in electronic form, certified by the digital signature;
23) the web portal of "the electronic government" (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;
24) 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;
25) electronic prototype of case (further – EMD) – the electronic prototype of case of the receiver of social payment created in AIS "E-prototype" in the automatic mode or the State corporation.
3. Social payment is appointed from the date of emergence of the right to social payment to the entire period of disability established by division of MSE, but no more than the term of achievement by the participant of system of compulsory social insurance of age, stipulated in Item 1 article 207 of the Code irrespective of, work by the time of the request for purpose of social payment is stopped or continues.
Persons having the right to social payment according to article 180 of the Code file in Fund petition for purpose of social payment through the State corporation in form according to appendix 1, the statement for purpose of social payment through division of MSE in form according to appendix 2, with the statement for purpose of social payment through the portal in form according to appendix 3 to these rules, through:
1) the State corporation, in case of establishment of extent of loss of general working capacity at the time of the address, with the identity document or the electronic document from service of digital documents (for identification) (in case of the request for purpose of social payment by person having the status of kandas the certificate of kandas, or the electronic document from service of digital documents is provided (for identification);
2) through division of MSE, in case of primary establishment of extent of loss of general working capacity by the principle of "one statement".
At the same time reception of an application is performed:
in the location of division of MSE of the respective region;
at field meetings of divisions of MSE which procedure for carrying out is determined by authorized state body according to part twenty second of the subitem 5) of article 12 of the Code, carried out:
based on treatment and prevention facilities at the permanent address (registration) of the applicant;
in the location on treatment in specialized agencies;
in correctional facilities and pre-trial detention centers, in the place of stay of the applicant;
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 – with the consent of osvidetelstvuyemy person or the legal representative 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 service "Purpose of Social Payment for Disability Case" (further – the List of the main requirements), according to appendix 4 to these rules;
3) the portal, in case of establishment of extent of loss of general working capacity at the time of the address.
Provision of the statement in case of purpose of social payment through pro-active service is not required.
4. Submission by the third parties of the statement and the documents provided by the List of the main requirements for purpose of social payment is performed under notarially certified power of attorney of person having the right to social payment according to the Law of the Republic of Kazakhstan "About notariate".
5. Contents of the List of the main requirements are provided by the Law of the Republic of Kazakhstan "About the state services".
6. For purpose of social payment to persons, by the judgment acknowledged incapacitated, it is limited capable or needing guardianship or custody, the statement and documents are filed by their guardians.
7. 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 city, district departments of the State corporation (further - departments of the State corporation) in the place of its stay.
8. In case of the request for social payment through the State corporation to the applicant in case of acceptance of documents it issues the notification on the social assignments which arrived for settlement period for determination of the amount of social payment (further – the notification on the arrived social assignments) according to appendix 5 to these rules, for acquaintance.
Acquaintance of the applicant with the notification on the arrived social assignments is confirmed by the applicant when filling the form of the corresponding statement.
9. The specialist of the State corporation adopting the statement creates requests in the corresponding information systems (further - 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;
in IS "Centralized Databank of Persons Having Disability" according to the certificate of establishment of extent of loss of general working capacity.
The data received from IS are enclosed to the application.
In case of discrepancy (absence) of data in IS the relevant documents except for of data on bank account number are enclosed to the application.
Documents are provided in originals, except cases when copies of documents are attested according to the procedure, established by the Law of the Republic of Kazakhstan "About notariate", are scanned by the specialist and return to the applicant.
The specialist of the State corporation adopting the statement checks completeness of the provided document package for purpose of social payment, and also the data received from IS of state bodies and (or) the organizations are provided by quality of scanning and compliance of electronic copies of documents to the originals provided by the applicant according to the List of the main requirements.
10. The receipt on refusal in reception of an application and documents in form according to appendix 6 to these rules on the following bases is instantly issued to the applicant:
1) receipt of data from IS of authorized state body confirming the fact of appointment, implementation of social payment, filing of application or consent through pro-active service to its appointment;
2) representation by the applicant of incomplete document package and (or) documents with the expired effective period and (or) effective period of which will expire on the date of decision making about appointment or refusal in purpose of social payment;
3) discrepancy of data under the identity document (except its replacement according to the legislation of the Republic of Kazakhstan, confirmed by data from the state IS) with the documents necessary for purpose of social payment;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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