ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 1, 2011 No. 893

About approval of Rules of appointment and the amount of allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of appointment and the amount of allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support.

2. This resolution becomes effective from the date of the first official publication and extends to the legal relations which arose since March 1, 2011.

Approved by the order of the Government of the Republic of Kazakhstan of August 1, 2011 No. 893

Rules of appointment and the amount of allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support

1. General provisions

1. These rules of appointment and the amount of allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support (further – Rules) determine procedure for appointment and allowance payment to guardians or custodians to content of the orphan child (orphan children) and child(children), without parental support.

2. Appointment and allowance payment to guardians or custodians to content of the orphan child (orphan children) and child(children), without parental support, is made by guardianship and custody bodies (further – body).

3. Allowance payment to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support, is made on the minor who was left without care of the only thing or both parents in connection with their death, restriction or deprivation of their parent rights, recognition of parents is unknown absent, the announcement their dead, recognition by incapacitated, is limited capable, serving by parents of punishment in places of detention, by search of parents, evasion of parents from education of the child or from protection of its rights and interests, including in case of refusal of parents to take the child from educational, medical and medico-social institution of stationary type, and also in other cases of lack of parent care.

2. Procedure for purpose of benefit to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support

4. The benefit to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support, is appointed to each child(children) who is under guardianship or custody if the amount of the average monthly income of child(children) in the form of its salary, the alimony, pensions and other social payments, and also the income from the property belonging to it does not exceed average monthly maintenance costs of the child in organizations for orphan children and children without parental support, in the respective area, the city of republican value, the capital.

In case of determination of the average monthly income of the child the income which is actually received by the child in cash from January 1 of year in which person addressed for purpose of benefit, about day of the request for purpose of benefit is considered.

5. The average monthly income of the child is determined by division of the amount of the income on the number of months since the beginning of year until the request for purpose of benefit, including month in which person addressed for purpose of benefit.

Average monthly maintenance costs of the child in organizations for orphan children and children without parental support, are determined monthly by department of education of area (the city of republican value, the capital) by formula according to appendix 1 to these rules.

6. Guardians or custodians for receipt of benefit for content of the orphan child (orphan children) and child(children), without parental support, provide the following documents in body for the residence of child(children):

1) the statement of the guardian or custodian of the established sample for purpose of benefit according to appendix 2 to these rules;

2) copy of the identity certificate of the guardian or custodian;

3) decision of local executive body on appointment as the guardian or custodian;

4) copy of the certificate of birth of child(children);

5) copies of the documents confirming the fact of lack of care over the child of the only thing or both parents (the death certificate, the judgment about deprivation of parents of the parent rights, their restriction in the parent rights, recognition of parents is unknown absent, incapacitated (it is limited by capable), the announcement their dead, the court verdict about serving by parents of punishment in places of detention, the documents confirming search of parents, confiscation of child(children) at parents, finding of parents on long-term treatment in the organizations of health care, the act of tossing of child(children), the declaration of abandonment of child(children);

6) the copy of the agreement on opening of personal account addressed to the guardian or the custodian in bank of the second level or in the organization having the license of National Bank of the Republic of Kazakhstan for implementation of separate types of banking activities;

7) copies of registration taxpayer number, social individual code and individual identification number of the guardian or custodian;

8) data on the income of child(children) (the documents confirming receipt of the public social benefits and other social payments, data on the available income from property of child(children), the reference confirming payment (lack of payment) of child maintenance (children), the certificate of the salary of the child).

7. In the absence of body for residence the applicant hands over the documents specified in Item 6 of these rules, to the akim of the settlement, aul (village), aulny (rural) district.

8. The akim of the settlement, aul (village), aulny (rural) district checks documents of applicants for compliance to the established requirements specified in Item 6 of these rules and sends them to body no later than seven working days from the date of adoption of documents from applicants.

Documents are provided in originals and copies in body or to the akim of the settlement, aul (village), aulny (rural) district for reconciliation then are registered, originals of documents and the detachable coupon applications with mark for adoption of documents are returned to the applicant.

9. The body checks the right of the guardian or custodian to receipt of benefit within ten working days from the date of receipt of the statement.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info