of December 29, 2009 No. 318
About public welfare payments in the Kyrgyz Republic
Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 4, 2009
1. The legislation on public welfare payments consists of the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.
2. It is forbidden to include questions of appointment and payment of public welfare payments in other laws.
The coverage of this Law extends to the needy families consisting of the citizens of the Kyrgyz Republic who are living in the territory of the Kyrgyz Republic and having children on disabled citizens in the absence of the right to provision of pensions, and also to the ethnic Kyrgyz who came back on the historical homeland and received the status of "kayrylman".
In this Law the following concepts and terms are used:
year - the period of time consisting of 12 months;
public welfare payment - monthly allowance to the needy families having children and monthly social benefit;
needy family - the family having the monthly income on each family member below the guaranteed minimum income;
needy family - the family having the monthly income on each family member below the poverty line;
disabled citizens are children before achievement of age of sixteen years by them (pupils of educational institutions - before the end of training by them, the pupils of initial professional educational institutions, students of averages and the highest professional educational institutions studying at internal basis - before achievement of age of twenty three years by them); the faces with limited opportunities of health recognized as disabled medico-social commissions of experts (further - MSEK); the citizens who reached retirement age;
needs determination - the studying of all sources of the income of family necessary for purpose of monthly allowance for the needy families having children;
comprehensive income - the amount of the means received for the accounting period by family members in income type from their productive activity, property incomes and the current transfers (pension, except for pensions of persons with limited opportunities of health which size is lower than basic part of the pension established according to the legislation of the Kyrgyz Republic, grant, financial support and other compensation payments);
the family composition considered in case of determination of comprehensive income - jointly the living persons connected by the property and personal non-property rights and obligations following from scrap, relationship or the adoptions which are conducting general economy and having the general budget;
the social passport of needy family - the questionnaire about structure, welfare of needy family, access of family to social services on the basis of which measures of social support of needy family are developed;
average per capita comprehensive income - the comprehensive income of family estimated in month or year counting on each family member.
1. The guaranteed minimum income is the indicator determined at the rate of the budget opportunities and state of the economy, annually established by the Government of the Kyrgyz Republic taking into account subsistence minimum by means of which needs of families in monthly allowance to the needy families having children are determined.
The size of the guaranteed minimum income in case of annual review shall approach the annual average size of subsistence minimum.
2. The regulations on the guaranteed minimum income affirm the Government of the Kyrgyz Republic.
This Law establishes the following types of public welfare payments:
- monthly allowance to the needy families having children;
- monthly social benefit.
Financing of the public welfare payments provided by this Law is made at the expense of means of the republican budget.
1. To the needy families having children have the right to monthly allowance:
- children before achievement of age by them sixteen years (pupils of educational institutions - before the end of training by them);
- the pupils of initial professional educational institutions, students of averages and the highest professional educational institutions studying on full-time at the budget or contractual basis if contract value is financed by citizens and legal entities within charity, before achievement of age by them eighteen years.
2. The needy families having children in whom able-bodied parents (except the parent who is looking after the child with limited opportunities of health) are not engaged and are not registered in accordance with the established procedure in bodies of employment service of the population, have no entitlement to benefit.
3. On the children who are on complete state providing, the allowance is not granted.
1. The monthly allowance to the needy families having children is appointed under condition if the average per capita comprehensive income of family does not exceed the size of the guaranteed minimum income on each family member.
2. The monthly allowance to the needy families having children is appointed in the following sizes:
- child allowance before achievement of age of sixteen years by them (to pupils of the general education organizations and organizations of primary professional education, students of the educational organizations of average and higher education - before achievement of age of eighteen years by them) - in the amount of, established by the Government of the Kyrgyz Republic;
- the paragraph third parts 2 ceased to be valid according to the Law of the Kyrgyz Republic of 28.12.2017 No. 222
- benefit to twins - in the amount of 100 percent of the guaranteed minimum income before achievement of age of three years by them on everyone;
- benefit to triplets and more twins - in the amount of 150 percent of the guaranteed minimum income before achievement of age of sixteen years by them on everyone.
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