LAW OF THE KYRGYZ REPUBLIC

of July 28, 2017 No. 163

About public welfare payments in the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 21, 2017

Chapter 1. General provisions

Article 1. Regulation subject

This Law establishes public welfare payments, their types, and also governs the relations connected with appointment and payment of public welfare payments including the processes following from these relations.

Article 2. Legislation on public welfare payments

1. The legislation on public welfare payments consists of the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts adopted within this Law, and also which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

2. It is forbidden to include questions of appointment and payment of public welfare payments in other laws.

Article 3. Coverage of this Law

1. Operation of this Law extends on:

1) the citizens of the Kyrgyz Republic living in the territory of the Kyrgyz Republic;

2) the ethnic Kyrgyz who came back on the historical homeland and received the status of "kayrylman";

3) the foreign citizens living in the territory of the Kyrgyz Republic if they are citizens of the countries with which the international treaty in the sphere of provision of benefits is signed and became effective.

2. Operation of this Law does not extend to the persons who are on complete state providing, except for children, lost both parents, and children whose both parents are unknown (orphan children), and also persons specified regarding 1 article 7 of this Law.

3. The coverage of this Law does not extend to the relations arising by provision of unemployment benefit, temporary disability benefit, maternity allowance, ritual benefit (on burial) and dismissal wage.

Article 3-1. Principles of purpose of public welfare payments

Purpose of public welfare payment is based on the following principles:

1) targeting - provision of public welfare payments to specific receivers taking into account their specific features and other objective reasons (age, the state of health, the size of the comprehensive average per capita income, absence of the supporter, sharp needs in the state social support, difficult life situation);

2) security - obligatory purpose of public welfare payment to persons having the right to it;

3) openness/publicity - creation of mechanisms of transparency in provision of the public welfare payments and tools of feedback allowing citizens to interact with public authorities and local government bodies;

4) responsibility - creation of mechanisms of response of the state to violations of this Law from public authorities and local government bodies, their officials.

Article 4. The concepts and terms used in this Law

In this Law the following concepts and terms are used:

1) public welfare payment - the state social support given to the children and persons who do not have the right to provision of pensions in the form of benefits and lump sum payment according to this Law except cases, stipulated in Item 2-1 article 17 of the Law of the Kyrgyz Republic "About the national pension social insurance";

2) ceased to be valid according to the Law of the Kyrgyz Republic of 30.03.2018 No. 33

3) the applicant - person who addressed for purpose of public welfare payment for himself or to person which is under its guardianship / guardianship, or by proxy drawn up according to requirements of the civil legislation;

4) persons who do not have the right to provision of pensions except cases, stipulated in Item 2-1 article 17 of the Law of the Kyrgyz Republic "About the national pension social insurance" - the faces recognized as medico-social commissions of experts (further - MSEK) persons with limited opportunities of health, including children, children - in case of loss of the parent (parents), the educations studying in the organizations - students on internal basis aged up to 23 years, persons which reached age: men - 65 years, women - 60 years; mothers heroines - 55 years;

5) complete state providing - provision to persons for a while (period) of their stay in the public or local government office of free food, free set of clothes and footwear, free accommodation and free medical attendance or compensation of their all-in cost;

6) the receiver - person receiving public welfare payment for himself or for person which is under its guardianship / guardianship, or by proxy drawn up according to requirements of the civil legislation;

7) needy family - the family having the monthly income on each family member below the guaranteed minimum income;

8) needy family - the family having the monthly income on each family member below the poverty line;

9) comprehensive income of family - the amount of the means received for the accounting period by family members in income type from their productive activity, property incomes and the current transfers (the financial support provided on monthly basis and other compensation payments);

10) needs determination - the studying of all sources of the income of family necessary for purpose of monthly allowance to the needing citizens (families) having children up to 16 years, "uy-buly lump".

Article 5. Types and sizes of public welfare payments

1. Types of public welfare payments:

1) lump sum payment in case of the birth of each child - "balaga to suyunch";

2) monthly allowance to the needing citizens (families) having children up to 16 years - "uy-buly lump";

3) monthly allowance to persons who do not have the right to provision of pensions - "social benefit";

4) monthly allowance to children whose both parents are unknown.

2. The sizes of public welfare payments are annually established by the Cabinet of Ministers of the Kyrgyz Republic proceeding from opportunities of the budget and state of the economy taking into account subsistence minimum.

3. The size of monthly social benefit for the persons who do not have the right to provision of pensions and reached age: men - 65 years, women - 60 years; mothers heroines - 55 years, are established not higher than the size of basic part of the pension established according to the legislation of the Kyrgyz Republic in the sphere of the national social insurance and provision of pensions.

Article 5-1. The guaranteed minimum income

1. The guaranteed minimum income is the indicator determined at the rate of the budget opportunities and state of the economy, annually established by the Cabinet of Ministers of the Kyrgyz Republic taking into account subsistence minimum by means of which needs of families in monthly allowance to the needing citizens (families) having children up to 16 years, "uy-buly lump" are determined.

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