ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2012 No. 1727

About approval of Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan

According to Item 1 of article 101-1 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan.

2. This resolution becomes effective since January 1, 2013 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 28, 2012 No. 1727

Rules of calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan (further – Rules) are developed according to Item 1 of article 101-1 of the Law of the Republic of Kazakhstan "About the housing relations" (further – the Law) and determine procedure for calculation of the size, appointment, recalculation, implementation, termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan (further – employees).

Action of these rules also extends to the military personnel of Service of the state protection of the Republic of Kazakhstan.

2. In these rules the following basic concepts are used:

1) housing payments – the money differentiated on regions and family composition paid in the form of special cash cover to receivers of housing payments at the expense of budgetary funds instead of provision of the office dwelling and also in the cases provided by Chapter 13-1 of the Law.

Housing payments are subdivided into the current and lump sum payments;

2) the current housing payments – the payments performed on monthly basis to the employees recognized needing the dwelling, from registration date of the official report about recognition needing the dwelling and purpose of housing payments, and also the cases provided by Items 7 and 8 of article 101-1 of the Law, and calculated in form according to appendix 1 to these rules;

3) lump sum payments (lump housing sum payment and immediate monetary compensation) – the payments of one-time nature performed in the cases provided by Items 5 and 6 of Article 101-1, and also Item 2 of article 101-9 of the Law, and calculated in form according to appendix 2 to these rules;

4) the personal special account – the current bank account opened by receivers of housing payments in bank of the second level (further – bank) at their choice, for transfer of housing payments and implementation of payments on the purposes, the stipulated in Article 101-5 Laws;

5) the usable space of the dwelling – the amount of the residential and non-residential areas of the dwelling;

6) organizations – republican public institutions which staff is receivers of housing payments;

7) the housing commission – the commission created by the decision of the head of organization for consideration of questions of employees recognition and members of their families needing the dwelling, purposes of housing payments, modification, amendments and cancellation of the decisions of the housing commission made earlier and other questions on the housing relations;

8) date of recognition of the receiver of housing payments needing the dwelling for appointment to it the current housing payments – registration date of the official report with which the receiver of housing payments is recognized needing the dwelling, for purpose of housing payments which is determined by the housing commission;

9) responsible structural division – division of organization to which functions on accounting of the employees recognized needing the dwelling, and also receivers of housing payments are assigned.

3. Employees, and also the members of families of employees, the died (dead) in case of service receiving them in the cases provided by Chapter 13-1 of the Law treat receivers of housing payments.

The right of employees to acquisition of the dwelling in property by use of housing payments is performed once.

If both spouses are the employees specified in Chapter 13-1 of the Law and (or) the military personnel, then housing payments are made only to one of them by mutual consent of spouses based on the official report with submission of certificates of the duty station of the spouse (spouse).

4. The basis for appointment to the employee of housing payments is recognition by his person in need in the dwelling according to the procedure, the stipulated in Clause 101-3 Laws, and also in cases, stipulated in Item the 7th article 101-1 of the Law.

5. To the employees who are in additional maternity leaves, to child care in business trip, on training, treatment, housing payments are performed in accordance with general practice.

6. Persons specified in article 101-10 of the Law concern members of the family of the employee.

7. Calculation of the amounts which are subject to payment to receivers of housing payments based on the lists created by responsible structural division of organization is made by financial division of organization.

8. Housing payments have strictly purpose and cannot be used by the employee on the purposes, not the stipulated in Article 101-5 Laws.

9. Expenses on the housing payments provided in individual funding plan of organization cannot be used by it, except as on transfer to the personal special account of the receiver of housing payments.

The planned, but not used until the end of December 31 of the current financial year inclusive, housing payments are cancelled.

10. In case of the employee's exception of lists of staff in connection with death or death, its recognition in the procedure established by the legislation of the Republic of Kazakhstan it is unknown absent or the announcement the dead members of his family, and in case of their absence – heirs have right to use of the housing payments which are on the personal special account to the purposes, the stipulated in Article 101-5 Laws. At the same time the personal special account of such employee is closed after complete use of housing payments.

Closing of the personal special account of the receiver of housing payments is performed according to the procedure, No. 207 provided by the resolution of board of National Bank of the Republic of Kazakhstan of August 31, 2016 "About approval of Rules of opening, maintaining and closing of bank accounts of clients".

Chapter 2. Procedure for calculation of the amount of housing payments

11. The amount of the current housing payment is determined by multiplication of the cost of one square meter of the rent of the well-planned dwelling in the region of the Republic of Kazakhstan in which the employee serves, on the area of the pretenduyemy dwelling.

The current housing payments for calendar year are calculated at the cost of one square meter of the rent of the well-planned dwelling for January of calendar year.

Data on the cost of one square meter of the rent of the well-planned dwelling on regions of the Republic of Kazakhstan are determined by authorized body in the field of the state statistics which are published on its Internet resource.

The area of the pretenduyemy dwelling is determined at the rate of eighteen square meters of the usable space on each family member, including the employee.

The size of the amounts of the current housing payments affirms the first head of organization or the authorized officer for the corresponding calendar year.

12. In case of lack of statistical data on the settlement statistical data of the district center, and in case of lack of statistical data on the district center – statistical data of the regional center are applied.

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