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

of April 17, 2015 No. 236

About approval of Rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation

(as amended on 21-08-2019)

According to the subitem 11) article 11 of the Law of the Republic of Kazakhstan of April 25, 2003 "About compulsory social insurance" PRIKAZYVAYU:

1. Approve the enclosed Rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation.

2. To provide to department of social security and social insurance:

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 in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and 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, except for subitems 11), 20) of Item 2, of subitems 3), 4), 5) of Item 3, the paragraph the second Item 14, the paragraph third Item 15, of Items 27, of 28, of 29, of 30 Rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation approved by this order which become effective since January 1, 2016.

Minister of health and social development of the Republic of Kazakhstan

T. Duysenova

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of April 17, 2015 No. 236

Rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation

Chapter 1. General provisions

1. These rules of appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation (further - Rules) are developed according to the subitem 11) of article 11 of the Law of the Republic of Kazakhstan of April 25, 2003 "About compulsory social insurance" (further - the Law) and determine procedure for appointment, calculation (determination), recalculation of the amount of social payments from the State Social Insurance Fund, and also their implementation.

2. The basic concepts used in these rules:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) the supporter - person containing the disabled family members consisting in its dependence at the expense of the income;

3) the payer of social assignments (further - the payer) - the employer, the individual entrepreneur, person who is engaged in private practice, and also the physical person which is the payer of single cumulative payment according to article 774 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further - the Code), the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by this Law;

4) social payments - the payments performed by the State Social Insurance Fund for benefit of the receiver of social payment;

5) authorized organization for issue of social payments - the banks of the second level, the organizations having licenses of authorized body on regulation and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

6) the receiver of social payment (further - the receiver) - the physical person for whom social contributions to the State Social Insurance Fund before case of social risk were made and concerning which the State Social Insurance Fund passes the decision on purpose of social payments and in case of the death of person who is the participant of system of compulsory social insurance for whom social assignments were made - members of the family of the dead (recognized by court is unknown absent or declared the dead) the supporter, consisting in its dependence;

7) person who is engaged in private practice - the private notary, the private legal executive, the lawyer, professional mediator;

8) division of medico-social examination (further - division of MSE) - the structural division of authorized body on control in the sphere of compulsory social insurance which is carrying out medico-social expertize;

9) the State Social Insurance Fund (further - Fund) - the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance for whom social assignments were made and concerning which there came the case of social risk including family members - dependents in case of loss of the supporter;

10) branches of the State Social Insurance Fund - regional, the cities of Astana, Almaty and Shymkent branches of the State Social Insurance Fund;

11) departments of the State corporation - city, district departments of the State corporation;

12) branches of the State corporation - regional, the cities of Astana, Almaty and Shymkent branches of the State corporation;

13) general years of service of participation in system of compulsory social insurance - total quantity of months for which social assignments arrived;

14) the participant of system of compulsory social insurance for whom social assignments were made (further - the participant of system of compulsory social insurance) - physical person for whom social assignments are paid and which has the right to social payments in case of approach of the cases of social risk provided by the Law;

15) authorized body on control in the sphere of compulsory social insurance - territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;

16) authorized body - the state body performing regulation, control and supervising functions behind activities of Fund;

17) jobcenter of the population (further - jobcenter) - the legal entity created by local executive body of the area, the cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment, the organization of social protection from unemployment and other measures of assistance of employment according to the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population";

18) electronic prototype of case (further - EMD) - the electronic prototype of case of the receiver of social payment created by the State corporation;

19) the web portal of "the electronic government" (www.egov.kz) (further - the portal) - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to electronic state services;

20) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for the request for purpose of social payments

3. Persons having the right to social payments address at the place of residence with the identity document, and the statement in forms, according to appendices 1 - 5 these rules:

1) in the State corporation - for purpose of social payment:

on disability case (in the presence of data on establishment of extent of loss of general working capacity at the time of the address);

on case of loss of the supporter;

on work loss case (in the presence of data on registration as the unemployed);

on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

on cases of loss of the income in connection with child care of age of one year on reaching it;

2) in division of MSE - for purpose of social payment to disability case in case of primary establishment of extent of loss of general working capacity;

3) in jobcenter - for purpose of social payment to case of loss of work in case of registration as the unemployed;

4) through the portal - for purpose of social payment:

on work loss case (in the presence of data on registration as the unemployed), except for persons who lost work on the bases provided by subitems 1), 2) and 3) of Item 1 of Article 52 of the Labor code of the Republic of Kazakhstan of November 23, 2015 (further - the Labor Code);

on case of loss of the income in connection with child care of age of one year on reaching it.

4. In case of approach of social risks purpose of social payment is performed based on the statement (including electronic) and documents:

proving the identity (for identification).

In case of the request for purpose of social payments of persons having the status of the oralman the certificate of the oralman is provided;

the data on bank account number opened in the banks and (or) the organizations performing separate types of banking activities, or the control account of cash of correctional facility;

and also:

1) on case of loss of the supporter:

death certificates of the supporter or the judgment about recognition of person it is unknown absent or about the announcement the dead;

the documents confirming the related relations with the dead (acknowledged court it is unknown the absent or announced dead), the certificate of birth of child(children) of the died supporter and about the conclusion (termination) of scrap (matrimony), about adoption (adoption), about paternity proof (motherhood):

references from the organization of secondary, technical and professional, postsecondary, higher and (or) postgraduate education that family members aged from eighteen up to twenty three years are studying or studying full-time in form according to appendix 6 to these rules (it is updated annually);

document on establishment of guardianship or custody;

2) on cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children):

leaf (sheets) of temporary disability issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

for individual entrepreneurs, persons who are engaged in private practice, and also Chapters country or farms in addition - the statement from personal account of the taxpayer about condition of calculations with the budget, and also on social payments, issued by bodies of state revenues, in form according to appendix of 16 Rules of maintaining the personal accounts approved by the order of the Minister of Finance of the Republic of Kazakhstan of February 27, 2018 No. 306 (it is registered in the Register of state registration of regulatory legal acts for No. 16601) (further - Rules of maintaining personal accounts);

3) on case of loss of the income in connection with child care of age of one year on reaching it:

evidences (certificates) on child(children) birth (or the reference containing data from civil registrations on the birth);

the statement from the judgment about adoption (adoption) of child(children) issued by the body performing functions on guardianship or custody (in cases of adoption (adoption) of child(children) aged up to one year);

evidences (certificates) on the death of child(children) (or the reference containing data from civil registrations on death);

4) on work loss case:

the statement or the copy of the act of the employer certified by it, or the service record confirming termination of employment relationships on the bases provided by subitems 1), 2) and 3) of Item 1 of Article 52 of the Labor code.

Provision of documents is not required in case of possibility of obtaining them from the state information systems.

5. In addition to the documents listed in item 4 of these rules data are enclosed to the application:

1) received from the state information systems:

proving the applicant's identity;

about registration at the place of residence;

about bank account number, opened in the banks and (or) the organizations performing separate types of banking activities, or the control account of cash of correctional facility;

about state registration in bodies of state revenues as the individual entrepreneur and about condition of calculations with the budget, and also on social payments (the statement from personal account of the taxpayer about condition of calculations with the budget, and also on social payments, issued by bodies of state revenues, in form according to appendix of 16 Rules of maintaining personal accounts) (in case of the request for purpose of social payment to cases of loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) by the individual entrepreneur, person engaged private practice, and also the head country or farm);

about establishment of guardianship (guardianship) over the child;

about the death of the supporter (acknowledged court it is unknown the absent or announced dead) (in case of the request for purpose of social payment to case of loss of the supporter);

about leaf of temporary disability, issued in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children);

2) received from information system of authorized body:

on disability case - about establishment of extent of loss of general working capacity;

on case of loss of the supporter - about carrying out survey and establishment of group of disability (in case children, including the adopted (adopted) brothers, sisters and grandsons who did not reach eighteen years are also more senior than this age, are recognized as disabled people since the childhood of the first or second group);

on work loss case - about registration as the unemployed jobcenter.

In case of discrepancy (absence) of data in information systems the following documents are enclosed to the application:

copy of the identity document (passport of the citizen of the Republic of Kazakhstan, identity certificate of the citizen of the Republic of Kazakhstan, certificate of the stateless person, residence permit of the foreigner);

the certificate of the oralman in case of the request for purpose of social payments of persons having the status of the oralman;

the document confirming registration on the permanent residence (the address reference or the reference of rural akims, for residents Baikonur - the reference of department of accounting and registration of citizens of housing of the city of Baikonur of the Russian Federation);

the data on bank account number opened in the banks and (or) the organizations performing separate types of banking activities, or the control account of cash of correctional facility;

the resolution (the statement from the resolution) about establishment of guardianship (guardianship), or the certificate of guardianship and custody according to appendix 1 to the order of the Minister of Education and Science of the Republic of Kazakhstan of April 13, 2015 No. 198 "About approval of standards of the state services rendered in the sphere of family and children" (it is registered in the Register of state registration of regulatory legal acts No. 11184);

the certificate of establishment of extent of loss of general working capacity issued by division of MSE (in the absence of data in information systems).

6. Documents are submitted in originals and copies for reconciliation, copies of documents are verified by the specialist accepting documents after checking with the provided originals, except cases when copies of documents are attested according to the procedure, established by the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate" (further - the Law on notariate). The documents submitted in originals are scanned and return to the applicant.

7. Person having the right to share of social payment to case of loss of the supporter addresses to department of the State corporation at the place of residence with the statement and appendix of the necessary documents specified in the subitem 1) of item 4 of these rules.

8. Filing of application and necessary documents for purpose of social payments by the third parties is performed under notarially certified power of attorney of person having the right to social payments according to the procedure, the established Law on notariate.

9. For purpose of social payments to persons, the judgment acknowledged incapacitated and needing guardianship, the statement and necessary documents are filed by their guardians.

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