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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2012 No. 383

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

(as amended on 27-09-2022)

According to article 125 of the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" 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. Declare invalid the 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".

3. This resolution becomes effective from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of March 30, 2012 No. 383

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

Chapter 1. General provisions

1. These rules (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, are made by departments of education of the cities of republican value and the capital, departments of formation of areas, cities of regional value (further - department) through The Government for Citizens State corporation (further - the State corporation) or the "elektronnoye pravitelstvo" web portal.

3. Appointment and allowance payment is made to guardians or custodians on content of the minor orphan child (orphan children) and child(children) 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.

Chapter 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 month 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 January 1 of year about month of the request 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:

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

2) the identity document of the guardian or custodian, for identification in case of submission of documents through the State corporation;

3) certificate of birth of child(children) electronically or its copy on paper;

4) copy of the order on establishment of guardianship or custody;

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

6) data on the income of child(children) (the documents confirming receipt of the salary, the alimony and other social payments, and also the income at the expense of the property belonging to child(children)).

Data on identity documents of the applicant, the certificate of birth of child(children) (in the absence of data in the information system "Registration Item REGISTRY OFFICE"), certificates of guardianship and custody (for guardians), the documents confirming receipt of the public social benefits and other social payments, the agreement on opening of personal account addressed to the guardian or the custodian in bank of the second level or the organization having the license of National Bank of the Republic of Kazakhstan for implementation of separate types of banking activities, the employee of the State corporation or the employee of department receives from the corresponding state information systems through lock of "the electronic government".

7. No. 757 is excluded according to the Order of the Government of the Republic of Kazakhstan of 27.09.2022

8. No. 757 is excluded according to the Order of the Government of the Republic of Kazakhstan of 27.09.2022

9. The department checks the right of the guardian or custodian to receipt of benefit within one working day from the date of receipt of the statement and passes the decision on appointment or on refusal in purpose of benefit to guardians or custodians on content of the orphan child (orphan children) and child(children), without parental support, according to appendix 3 to these rules and fixes in the magazine of registration.

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