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The document ceased to be valid since  July 1, 2023 according to Item 2 of the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 286

ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 22, 2015 No. 26

About some questions of abilitation and rehabilitation of persons with disability

(as amended on 01-12-2022)

According to subitems 9-1), 9-5), 9-6) and 9-7) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About social protection of persons with disability in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve:

1) Rules of provision of social services of the individual assistant for persons with disability of the first group having difficulty in movement according to the individual program of abilitation and rehabilitation of person with disability according to appendix 1 to this order;

2) Rules of provision of sanatorium treatment to persons with disability and to children with disability according to the individual program of abilitation and rehabilitation of person with disability according to appendix 2 to this order;

3) Rules of providing persons with disability the prosthetic and orthopedic help, technical supportive (compensatory) means, special vehicles according to the individual program of abilitation and rehabilitation of person with disability, including terms of their replacement according to appendix 3 to this order;

4) Rules of provision of social services of the specialist of sign language for persons with disability on hearing according to the individual program of abilitation and rehabilitation of person with disability according to appendix 4 to this order.

2. To provide to social services department of the Ministry of health and social development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Zhakupova S. K.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

 

Appendix 1

to the Order of the Minister of health and social development of the Republic of Kazakhstan of January 22, 2015 No. 26

Rules of provision of social services of the individual assistant for persons with disability of the first group having difficulty in movement according to the individual program of abilitation and rehabilitation of person with disability

Chapter 1. General provisions

1. These rules of provision of social services of the individual assistant according to the individual program of abilitation and rehabilitation of person with disability (further – Rules) are developed for persons with disability of the first group having difficulty in movement according to subitem 9-1) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About social protection of persons with disability in the Republic of Kazakhstan" (further – the Law) and the Law of the Republic of Kazakhstan "About the state services" and determine procedure for provision of social services of the individual assistant for persons with disability of the first group having difficulty in movement (further – services of the individual assistant), according to the individual program of abilitation and rehabilitation of person with disability (further – IPAR).

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

1) the portal of social services (further – the portal) – information system of the social and labor sphere which represents the object of informatization giving to separate categories of the population opportunity of purchase of goods and (or) services on the terms of compensation of their cost by local executive bodies according to the laws of the Republic of Kazakhstan "About the government address public assistance" and "About social protection of persons with disability in the Republic of Kazakhstan";

2) the individual assistant – person rendering social services in escort of person with disability of the first group having difficulty in movement and to assistance in case of visit of objects;

3) pro-active service – the state service rendered electronically, provided at the initiative of the subject of rendering services which rendering requires the obligatory consent of the subject of receipt of service provided by means of the subscriber structure of cellular communication.

3. Provision of services of the individual assistant is performed based on IPAR developed by territorial subdivision of authorized body in the field of social protection of the population taking into account medical indications and contraindications to provision of social services of the individual assistant according to appendix 1 to these rules.

4. Services of the individual assistant are provided at the expense of means of the government budget according to the statement on provision of social services of the individual assistant on form according to appendix 2 to these rules for the term of realization of action of IPAR.

5. Persons with disability of the first group having difficulty in movement, either their legal representatives, or persons who received from the face with disability the power of attorney on the document creation right for provision of services of the individual assistant (further – the applicant) provide at the place of residence the statement with application of documents, the main requirements to rendering the state service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement" specified in the list (further – the list of the main requirements to rendering the state service) according to appendix 3 to these rules, through:

1) Non-commercial joint-stock company "The Government for Citizens state corporation (further – State corporation);

2) Local executive bodies (further – MIO) Nour-Sultan's cities, Almaty and Shymkent (further – municipal governments), areas and the cities of regional value (further – departments of employment);

3) the web portal of "the electronic government" (further – the web portal);

4) the subscriber structure of cellular communication (further – subscriber number) – pro-active service.

Submission of the statement is not required in case of registration through pro-active service.

The procedure for rendering the pro-active service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement" is provided by paragraph 2 of Chapter 2 of these rules.

The procedure for rendering the service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement" through the web portal of "the electronic government" is provided by paragraph 3 of Chapter 2 of these rules.

6. The specialist of municipal government, department of employment registers statements in the online magazine of queue of the automated information system "E-social security" (further – AIS "E-social security") according to the procedure of their receipt.

Chapter 2. Procedure for rendering the state service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement"

Paragraph 1. Procedure for rendering the state service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement" on declarative basis through State corporation, municipal governments, departments of employment

7. For receipt of the state service the applicant addresses to State corporation, municipal government, department of employment of the residence with the statement according to appendix 2 to these rules and the identity document of person with disability provided according to the Law of the Republic of Kazakhstan "About identity documents" or the electronic document from service of digital documents (for identification).

8. Responsibles of State corporation, municipal government, department of employment in case of reception of an application create requests according to individual identification number of person with disability in information systems of state bodies and (or) organizations through lock of "The electronic government" (further – information systems) for receipt of the following data:

1) about the document, proving the identity;

2) about disability establishment;

3) about developed actions in IPAR.

In the absence of data in information systems copies of the paper documents containing the above-stated data are enclosed to the application.

After checking with the provided originals of the copy of documents are witnessed by the responsible who adopted the statement by putting down of mark in the receipt on the acceptance of the relevant documents or the coupon issued according to Item 9 of these rules then originals of documents return to the applicant.

9. In case of submission of documents to the applicant it is issued:

in State corporation – the receipt on acceptance of the relevant documents;

in municipal government, department of employment – the coupon with indication of registration date, surname and initials of person who accepted documents.

10. In case of representation by the applicant of incomplete document package, the main requirements to rendering the state service, and (or) data (documents) specified in Item 8 of the list with the expired effective period, the State corporation, municipal governments, departments of employment refuse reception of an application and issue the receipt on refusal in documents acceptance in form according to appendix 4 to these rules.

11. In case of compliance of document package, the main requirements to rendering the state service specified in Item 8 of the list, the municipal government, department of employment within ten working days considers documents, following the results of the applicant about result of rendering the state service issues the notification in form according to appendix 5 to these rules. Day of documents acceptance by State corporation does not enter rendering the state service in time.

In the presence of the bases provided in Item 9 of the list of the main requirements to rendering the state service, municipal government, department of employment according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK) notify the applicant on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to the applicant line item according to the provisional solution. The notification on hearing goes in advance, but not later than three working days before completion of term of rendering the state service. Hearing is carried out no later than two working days from the date of the notification.

By results of the hearing to the applicant in electronic form signed by the digital signature (further – the EDS) the authorized person of municipal government, department of employment, the notification on document creation or motivated refusal in rendering the state service goes.

The result of rendering the state service is provided by municipal government, department of employment in State corporation not later than days before the expiration of rendering the state service.

The state corporation informs the applicant on results of rendering the state service by means of transfer of the SMS notification on subscriber number of the applicant.

The state corporation provides storage of result within one month then transfer them to municipal governments, departments of employment for further storage. In case of the address of the applicant after one month, at the request of State corporation, municipal governments and departments of employment within one working day send ready documents to State corporation for issue to the applicant.

12. About result of rendering the state service the notification in form according to appendix 5 to these rules is issued.

13. Appeal of decisions, actions (bezdeystviye) of municipal governments, departments of employment and (or) their officials, employees of State corporation concerning rendering the state services:

1) the claim to actions (failure to act) of municipal governments, departments of employment and (or) their officials moves addressed to heads of municipal governments, departments of employment of the addresses specified in the list of the main requirements to rendering the state service according to appendix 3 to these rules.

The claim is submitted in writing by mail or purposely through office of municipal governments, departments of employment.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of municipal governments, departments of employment with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint;

2) the claim to actions (failure to act) of the employee of State corporation is sent to the head of State corporation to the addresses and phones specified in the list of the main requirements to rendering the state service according to appendix 3 to these rules.

Confirmation of adoption of the claim in office of the State corporation which arrived as if on purpose, and mail, is its registration (stamp, the entering number and registration date are put down on the second copy of the claim or the cover letter to the claim).

Consideration of the claim concerning rendering the state services is made by higher administrative authority, the official, authorized body by assessment and control of quality of rendering the state services (further – the body considering the claim).

The claim of the applicant which arrived to State corporation, municipal government, department of employment no later than three working days from the date of receipt and administrative case goes to the body considering the claim.

At the same time State corporation, municipal government, department of the employment having the right not to send the claim to the body considering the claim if he within three working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

The claim of the applicant which arrived to municipal government, department of employment is subject to consideration within five working days from the date of its registration.

In case of disagreement with results of the rendered state service the applicant addresses with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of the applicant which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.

Paragraph 2. Procedure for rendering the pro-active state service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement"

14. After forming in the automated information system "Centralized Databank of Persons Having Disability" IPAR containing actions for provision of services of the individual assistant according to the order of the Minister of health and social development of the Republic of Kazakhstan of January 30, 2015 No. 44 "About approval of Rules of conducting medico-social examination" (it is registered in the Register of state registration of regulatory legal acts at No. 10589), data IPAR are automatically transferred to AIS "E-social security" and on subscriber number of person with disability or his legal representative (further – uslugopoluchatel) sending the SMS notification with request for rendering the state service is initiated.

Uslugopoluchatel confirms consent or refusal to rendering pro-active service with the corresponding code through the SMS notification.

15. In case of receipt of consent from uslugopoluchatel to rendering pro-active service to it the SMS notification on confirmation of document creation goes for provision of this service.

Day of the request for document creation for provision of services of the individual assistant through pro-active service day of receipt of consent to document creation on provision of this service is considered.

16. In the absence of the answer from uslugopoluchatel within three working days from the date of sending request, the request is cancelled and the SMS notification on impossibility of document creation for provision of services of the individual assistant with indication of the reason and need of the appeal to State corporation, municipal government, department of employment goes to subscriber number of uslugopoluchatel.

17. In case of refusal of uslugopoluchatel of rendering pro-active service from AIS "E-social security" the SMS notification about impossibility of document creation for provision of services of the individual assistant with indication of the reason and need of the appeal to State corporation, municipal government, department of employment goes to subscriber number of uslugopoluchatel.

18. In case of receipt of consent of uslugopoluchatel to rendering pro-active service the specialist of municipal government, department of employment through AIS "E-social security" informs uslugopoluchatel on the made decision on document creation for provision of services of the individual assistant by means of the SMS notification on subscriber number.

19. In the online magazine of SMS notifications in form according to appendix 6 to these rules the SMS notifications sent to uslugopoluchatel are registered.

20. In case of document creation for provision of services of the individual assistant through pro-active service requests in information systems for receipt of necessary data, stipulated in Item main requirements of the 8th list to rendering the state service, are performed automatically from AIS "E-social security".

Paragraph 3. Procedure for rendering the state service "Document Creation on Providing Services for the Individual Assistant to Persons with Disability of the First Group Having Difficulty in Movement" through the web portal

21. For receipt of the state service the applicant sends to municipal government, department of employment through the web portal the statement in form according to appendix 2 to these rules.

In case of filing of application through lock of "the electronic government" individual identification number of person with disability for automatic forming of the following data is requested:

1) about the document, proving the identity, or the electronic document from service of digital documents (for identification);

2) about disability establishment;

3) about developed actions in IPAR.

The municipal government, department of employment receives digital documents from the service of digital documents through the realized integration provided by means of the subscriber number of cellular communication of the user registered on the portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the portal.

22. The status about acceptance of request for rendering the state service goes to "private office" of the applicant municipal government, department of employment.

23. In case of representation by the applicant of incomplete document package, the main requirements to rendering the state service, and (or) documents specified in Item 8 of the list with the expired effective period within two working days from the date of reception of an application the status about refusal in reception of an application with appendix of the electronic document signed by the EDS of the authorized person goes to its "private office" by municipal government, department of employment.

In case of compliance of document package, the main requirements to rendering the state service specified in Item 8 of the list, the municipal government, department of employment within ten working days considers documents, following the results of the applicant about result of rendering the state service issues the notification in form according to appendix 5 to these rules.

In the presence of the bases provided in Item 9 of the list of the main requirements to rendering the state service, municipal government, the department of employment according to article 73 APPK notifies the applicant on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to the applicant line item according to the provisional solution.

The notification on hearing goes in advance, but not later than three working days before completion of term of rendering the state service. Hearing is carried out no later than two working days from the date of the notification.

By results of the hearing to the applicant in electronic form signed by the EDS of the authorized person of municipal government, department of employment the positive result or motivated refusal in rendering the state service goes.

24. In case of the address through the web portal the result of rendering the state service goes to "private office" of the applicant in electronic form signed by the EDS of the authorized person.

25. According to the subitem 11) of Item 2 of article 5 of the Law of the Republic of Kazakhstan "About the state services" the service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the sphere of informatization.

Chapter 3. Procedure for provision of services of the individual assistant

26. Provision of services of the individual assistant is performed through the portal or public procurements.

27. Providing services for the individual assistant stops for hospitalization and stay on complete state providing.

Paragraph 1. Procedure for provision of services of the individual assistant through the portal

28. After registration to AIS "E-social security" statements on provision of social services of the individual assistant according to appendix 2 to these rules data IPAR of person with disability according to the procedure of priority are transferred from AIS "E-social security" to the portal.

Data IPAR include the range of services of the individual assistant at the rate of no more than eight hours a day according to Item 3 of article 32-3 of the Law.

The range of services of the individual assistant goes specialists of municipal government, departments of employment from AIS "E-social security" to the portal quarterly or until the end of the current year, or before the end of the period of disability in the current year, taking into account data of the Planning of Actions module.

29. In the presence of data on subscriber number of the applicant in base of mobile citizens, the SMS notification on need of authorization and the choice of the service provider of the individual assistant (further – the supplier) on the portal goes to its subscriber number from AIS "E-social security".

30. The choice of the supplier on the portal by the applicant is performed within two months from the date of its notice on the direction of actions of IPAR on the portal.

31. In case of absence at the applicant of access to Internet resource, the applicant addresses to the sector of self-service of State corporation, jobcenter of the population, municipal government, department of employment.

32. In the absence of the choice by the applicant of the supplier within a month from the date of data transmission of IPAR the SMS notification on need of the choice of the supplier on the portal within the next month goes to the portal on subscriber number of the applicant from AIS "E-social security".

33. After two months from the date of data transmission of IPAR on the portal at the applicant the possibility of the choice of the supplier is blocked and the SMS notification on blocking of possibility of the choice of the supplier with indication of the reason goes to subscriber number of the applicant. For renewal of the choice of the supplier on the portal the applicant in private office on the portal presses the "activation of the choice of the supplier" button.

Data on activation of the choice of the supplier are automatically transferred from the portal to AIS "E-social security" then the applicant taking into account priority in AIS "E — Social Security" chooses the supplier on the portal.

34. For implementation of the choice of the supplier according to article 32-2 of the Law the applicant is authorized on the http://aleumet.egov.kz portal, signs the public agreement by means of the EDS.

35. The applicant on the portal draws up and directs to the supplier the order of service of the individual assistant, with simultaneous signing of the statement to compensation to the supplier of the guaranteed amount in the form approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of January 20, 2020 No. 14 "About approval of Rules of cost recovery of goods and services from means of the government budget in case of realization to their persons with disability through the portal of social services" (it is registered in the Register of state registration of regulatory legal acts at No. 19902) (further – the Order No. 14), to signed EDSs of the applicant.

36. The supplier within five working days from the date of receipt of the order on the portal considers and sends to "Private office of the user" the notification on adoption of the order or on refusal of provision of services of the individual assistant signed by the EDS of the supplier with indication of the following causes of failure:

the application is submitted for exception of the register (register) of suppliers;

impossibility of rendering service owing to load of the specialist (specialists);

the service is not rendered in the place of residence of the receiver;

earlier to the receiver it was refused provision of service in the reason of the unreasonable insults and accusations degrading human dignity to the specialist (specialists) who are confirmed with written testimonies of witnesses;

impossibility to provide service because of force majeur circumstances (emergency situations, the spontaneous phenomena, military operations and other force majeure circumstances).

37. The supplier from the date of rendering services in register of the rendered services in the "private office of the supplier" module on the portal keeps records for time management of the rendered services of the individual assistant.

In case of repeated survey (re-examination) of person with disability receiving services of the individual assistant, the supplier performs log entries of accounting of the rendered services before date of repeated survey (re-examination) – closings of IPAR.

Data on accomplishment of action of social resettlement of IPAR in AIS "E-social security" are filled in automatically.

38. Services of the individual assistant are provided for the term of realization of action of IPAR.

The receiver refuses further provision of services of the individual assistant by the supplier chosen by it with indication of the following causes of failure:

the supplier did not start timely rendering service;

the supplier systematically skirts deadlines and time of rendering service;

the supplier renders services of inadequate quality, and the supplier did not eliminate defects in the time established by me;

the numerous unreasonable insults and accusations degrading human dignity in my address from the supplier;

moving on other residence.

The supplier refuses further provision of services of the individual assistant with indication of the following causes of failure:

impossibility to provide service in the reason of force majeur circumstances (emergency situations, the spontaneous phenomena, military operations and other force majeure circumstances);

the unreasonable insults and accusations degrading human dignity from the receiver of services or members of his family who are confirmed by written testimonies of witnesses;

cancellation of regulatory legal act based on which services were provided.

Paragraph 2. Procedure for provision of services of the individual assistant according to the legislation of the Republic of Kazakhstan on public procurements

39. Acquisition of services of the individual assistant is made according to the legislation of the Republic of Kazakhstan on public procurements in the following cases, stipulated in Item 3 articles 32-1 of the Law:

1) lack of the wire Internet in the settlement in which person with disability lives;

2) absence of the supplier registered on the portal or the individual assistant;

3) availability of the statement of person with disability about refusal of acquisition of services of the individual assistant through the portal.

Paragraph 3. Payment procedure of services of the individual assistant

40. Fee of the individual assistant is made by municipal governments, departments of employment for the actual time of rendering services, but no more than eight hours a day according to Item 3 of article 32-3 of the Law.

Calculation of fee of the individual assistant in hour is made, calculated on the basis of twelve percent of the size of the monthly settlement indicator established by the Law on the republican budget for the corresponding financial year.

41. Compensation of the guaranteed amount for services of the individual assistant is performed according to the Order No. 14.

42. Fee of the individual assistant is made monthly based on provided by the supplier no later than the 10th following the accounting period of the act of the performed works (the rendered services) on the form approved by the order of the Minister of Finance of the Republic of Kazakhstan of December 20, 2012 No. 562 "About approval of forms of source accounting documents" (it is registered in the Register of state registration of regulatory legal acts at No. 8265), with appendix of leaf of maintenance by the individual assistant according to appendix 7 to these rules (further – documents for payment).

Payment to the supplier is performed for actually rendered time from the date of receipt of the supplier by the applicant of the notification on adoption of the order.

In case of approach of death of person with disability documents for payment are provided by the supplier within month from the date of death, unsigned faces with disability.

Appendix 1

to Rules of provision of social services of the individual assistant for persons with disability of the first group having difficulty in movement according to the individual program of abilitation and rehabilitation of person with disability

Medical indications and contraindications to provision of social services of the individual assistant

1. Medical indications to provision of social services of the individual assistant are:

1) absolute blindness;

2) visual acuity on both eyes to 0,03 with correction;

3) considerably or sharply expressed vestibular and cerebellar violations;

4) considerably or sharply expressed hyperkinetic amyostatic syndrome;

5) parkinsonism (it is considerable or sharply expressed akinetiko-regidny form);

6) considerably or sharply expressed: hemiparesis, the lower paraparesis, triparez, caused by diseases or consequences of injuries;

7) hemiplegia, triplegiya, paraplegia;

8) it is considerable or sharply expressed violations of functions of blood circulation and breath (insufficiency of blood circulation of III stage, coronary insufficiency according to stenocardia of the IV-go functional class, respiratory insufficiency of III degree in combination with pulmonary heart failure II-III and III stages and others);

9) considerably or sharply expressed dysfunction of urinary system (chronic renal failure of the III-IV degree);

10) considerably or sharply expressed violations of statodinamichesky functions of organism with dysfunction of joints of the III-IV degree;

11) the amputating stumps of both upper extremities which are not subject to prosthetics and complicating use of vehicles;

12) the congenital anomalies of development of both upper extremities which are not subject to prosthetics and complicating use of vehicles;

13) the amputating stumps of both hips which are not subject to prosthetics;

14) the amputating stumps of both shins which are not subject to prosthetics with the expressed functional violations of the upper extremities, complicating use of vehicles;

15) congenital anomalies of development of the lower extremities with violation of movement of the III third degree;

16) ankiloza in functionally disadvantage of both coxofemoral or knee joints with violation of functions of joints of the III-IV degree in combination with the expressed functional violations of the upper extremities complicating use of vehicles;

17) considerably or sharply expressed contractures of both coxofemoral or knee joints with violation of functions of joints of the III-IV degree in combination with the expressed functional violations of the upper extremities complicating use of vehicles.

2. Medical contraindications to provision to persons with disability of social services of the individual assistant are the following diseases requiring treatment in the specialized medical organizations:

1) tuberculosis with bakteriovydeleniye (BK+);

2) infectious diseases of skin and hair;

3) venereal diseases;

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