of January 6, 1999 No. 239-Z
About subsistence minimum in the Republic of Belarus
Accepted by the House of Representatives on December 15, 1998
Approved by Council of the Republic on December 19, 1998
This Law establishes the legal basis for determination of subsistence minimum, its use during the forming and realization of state policy of regulation of level of living, and also when implementing measures of social protection of the population.
In this Law the following basic concepts are used:
subsistence minimum - the minimum sets of food products and nonfoods, necessary for preserving health of the person, ensuring its activity, and services which cost is determined as the fixed share from the cost of the minimum set of food;
the budget of subsistence minimum - the cost size of subsistence minimum, and also obligatory payments and fees;
the main social and demographic national groups - able-bodied population, pensioners, children;
needy citizens (families) are citizens (families) having the average per capita income for the objective reasons is lower than the budget of subsistence minimum.
The budget of subsistence minimum as the social standard rate intends for:
analysis and forecasting of level of living of the population;
rendering the government public assistance to needy citizens (families);
reasons for the minimum state social and labor guarantees.
determinations of the minimum size of the alimony and other payments provided by acts of the legislation, not connected with the minimum state social and labor guarantees.
The subsistence minimum is determined with participation of the interested state bodies and other state organizations, republican associations of employers and labor unions, established by the Government of the Republic of Belarus and reviewed at least once in three years.
The subsistence minimum consists from:
minimum set of food products;
nonfoods and services.
The minimum set of food products for the main social and demographic national groups is determined based on the regulations of consumption developed by the Ministry of Labour and Social Protection together with the Ministry of Health, and also the scientific organizations.
Nonfoods and services join in subsistence minimum as the fixed share from the cost of the minimum set of food. The fixed share of nonfoods and services is determined based on official statistical information on the actual amount of consumption by needy citizens (families) of nonfoods and services.
The budget of subsistence minimum for the primary social and demographic groups and on average per capita is calculated based on the Provision approved by the Government of the Republic of Belarus.
The budget of subsistence minimum is quarterly established by the Ministry of Labour and Social Protection in the prices of the last month of every quarter.
In the analysis and forecasting of level of living of the population the budget of subsistence minimum is used for:
estimates of level of the income of the population, amount of compensation, pensions, benefits and other social payments;
determinations of level and scales of low-security;
forecasting of processes of social and economic development.
The budget of subsistence minimum is the main recognition criterion of citizens (families) needy.
Citizens (families) recognized as needy have the right to the government public assistance. Conditions, procedure and the amount of provision of the government public assistance to needy citizens (families) are established according to the legislation.
The budget of subsistence minimum is basis for establishment of the minimum state social and labor guarantees: minimum wage, minimum size of old-age pensions, grants, benefits and other payments.
Ratios between the minimum state social and labor guarantees and the budget of subsistence minimum are established by acts of the legislation.
The budget of subsistence minimum is basis for establishment of the minimum size of the alimony and other payments provided by acts of the legislation, not connected with the minimum state social and labor guarantees.
This Law becomes effective since January 1, 1999.
To the government of the Republic of Belarus in three-months time from the date of entry into force of this Law:
prepare and introduce in accordance with the established procedure in the House of Representatives of National assembly of the Republic of Belarus offers on reduction of legal acts of the Republic of Belarus in compliance with this Law;
bring decisions of the Government of the Republic of Belarus into accord with this Law;
provide review and cancellation by the republican state bodies subordinated to Council of Ministers of the Republic of Belarus, their regulations contradicting this Law;
take other measures necessary for implementation of this Law.
President of the Republic of Belarus
A. Lukashenko
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