Temporary measures of social assistance

Temporary measures of social assistance

Chapter one? general rule

Rule number one. In order to strengthen social assistance, safeguard citizens' basic livelihood, promote social equity and maintain social harmony and stability, these measures are formulated in accordance with the Constitution.

Rule number two. The social assistance system adheres to the bottom line, is difficult and sustainable, and is connected with other social security systems. The level of social assistance is commensurate with the level of economic and social development.

Social assistance should follow the principles of openness, fairness, impartiality and timeliness.

Rule three. The State Council Civil Affairs Department co-ordinates the construction of the national social assistance system. The State Council civil affairs, health and family planning, education, housing and urban construction, human resources and social security departments are responsible for the corresponding social assistance management according to their respective responsibilities.

The departments of civil affairs, health and family planning, education, housing and urban construction, human resources and social security of local people's governments at or above the county level are responsible for the corresponding social assistance management within their respective administrative areas.

The administrative departments listed in the preceding two paragraphs are collectively referred to as social assistance management departments.

Article 4? Township people's governments and sub-district offices are responsible for the acceptance, investigation and review of social assistance applications, and the specific work shall be undertaken by social assistance agencies or managers.

Villagers' committees and residents' committees shall assist in the relevant social assistance work.

Article 5? The people's governments at or above the county level shall incorporate social assistance into the national economic and social development plan, establish and improve the coordination mechanism of social assistance work led by the government, led by the civil affairs department, coordinated by relevant departments, and participated by social forces, improve the mechanism of social assistance funds and material security, and incorporate the social assistance funds and social assistance work funds arranged by the government into the fiscal budget.

Social assistance funds shall be specially managed, accounted for separately and earmarked, and no unit or individual may misappropriate them. The payment of social assistance funds shall be carried out in accordance with the relevant provisions of the management of the financial treasury.

Article 6? The people's governments at or above the county level shall, in accordance with the unified national planning, establish a social assistance management information system to realize the interconnection and resource sharing of social assistance information.

Article 7? The state encourages and supports social forces to participate in social assistance.

Article 8? Units and individuals that have made remarkable achievements in social assistance shall be commended and rewarded in accordance with the relevant provisions of the state.

Chapter two? minimum subsistence security (for)

Article 9? The state provides minimum living security for families whose per capita income of family members living together is lower than the local minimum living security standard and meets the requirements of the local minimum living security family property status.

Article 10? The minimum living standard is determined and promulgated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government or cities divided into districts according to the living expenses of local residents, and adjusted in time according to the local economic and social development level and price changes.

Measures for determining the income status and property status of minimum living guarantee families shall be formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government or cities divided into districts in accordance with relevant state regulations.

Article 11? Apply for the minimum living guarantee, in accordance with the following procedures:

(a) by * * * family members living together to the domicile of the Township People's government, street offices to submit a written application; If it is difficult for family members to apply, they may entrust villagers' committees or residents' committees to apply on their behalf.

(II) Township People's governments and sub-district offices shall investigate and verify the applicant's family income and property status through household surveys, neighborhood visits, letters and visits, mass appraisal and information verification, and put forward preliminary opinions, which shall be reported to the civil affairs department of the people's government at the county level for approval after publicity in the village and community where the applicant is located.

(3) If the civil affairs department of the people's government at the county level meets the requirements after examination, it shall be approved and published in the village and community where the applicant is located; Do not approve the application that does not meet the requirements, and explain the reasons in writing to the applicant.

Article 12? For families approved to receive the minimum living guarantee, the civil affairs department of the people's government at the county level shall pay the minimum living guarantee monthly according to the difference between the per capita income of family members living together and the local minimum living guarantee standard.

The local people's governments at or above the county level shall take necessary measures to ensure the life of the elderly, minors, severely disabled people and seriously ill patients who still have difficulties after receiving the minimum living allowance.

Thirteenth minimum living guarantee family population, income and property status changes, it shall promptly inform the Township People's government and the street office.

The civil affairs departments of the people's governments at the county level, as well as the township people's governments and sub-district offices shall regularly check the population, income and property status of families enjoying the minimum living guarantee.

If the population status, income status and property status of the minimum living guarantee family change, the civil affairs department of the people's government at the county level shall promptly decide to issue, reduce or stop issuing the minimum living guarantee; Decided to stop the minimum living allowance, it shall explain the reasons in writing.

Chapter three? Support for the poor

Article 14 The state provides support for the elderly, the disabled and minors under the age of 06 who have no ability to work, no source of income, no maintenance, no obligation of maintenance or legal maintenance.

Fifteenth the contents of poverty alleviation include:

(1) Providing basic living conditions;

Caregivers who cannot take care of themselves;

(3) provide disease treatment;

(4) handling funeral matters.

The standards for supporting the destitute personnel shall be determined and promulgated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts.

The support of destitute people should be linked with the basic old-age insurance for urban and rural residents, basic medical security, minimum living security and basic living security for orphans.

Sixteenth to apply for the support of poor people, I submit a written application to the township people's government and the street office where the household registration is located; If I have difficulty in applying, I may entrust a villagers' committee or a residents' committee to apply on my behalf.

The provisions of Article 11 of these Measures shall apply to the examination and approval procedures for the support of destitute personnel.

Article 17? Township people's governments and sub-district offices shall keep abreast of the living conditions of residents, and if they find that they meet the conditions for poor support, they shall take the initiative to provide support for them according to law.

Article 18? Poor support personnel no longer meet the support conditions, villagers' committees, residents' committees or support service agencies shall inform the Township People's governments and sub-district offices, and terminate the support after being audited by the Township People's governments and sub-district offices and reported to the civil affairs departments of the people's governments at the county level for approval.

Nineteenth destitute support personnel can provide centralized support in local support service institutions, or they can provide support at home. Poor dependents can choose their own forms of support.

Chapter four? Relief for the affected people

Article 20? The state establishes and improves the system of natural disaster relief, and provides life assistance to people whose basic lives are seriously affected by natural disasters.

Natural disaster relief implements territorial management and is responsible at different levels.

Article 21? People's governments at or above the municipal level with districts and people's governments at or above the county level in areas prone to natural disasters shall, according to the characteristics of natural disasters, the number and distribution of residents, establish a natural disaster relief material reserve to ensure the emergency supply of relief materials after natural disasters.

Article 22? After the occurrence of natural disasters, the people's government at or above the county level or the comprehensive emergency coordination agency for natural disaster relief of the people's government shall evacuate, transfer and resettle the affected people according to the situation, and provide the affected people with necessary emergency assistance such as food, drinking water, clothing, heating, temporary shelter, medical treatment and epidemic prevention in time.

Article 23? After the disaster situation is stable, the people's governments at or above the county level in the affected areas shall assess, verify and release the losses caused by natural disasters.

Article 24? The people's governments in disaster areas shall make transitional arrangements for the victims whose houses are seriously damaged on the premise of ensuring safety.

Article 25? After the danger of natural disasters is eliminated, the civil affairs departments of the people's governments in the affected areas shall promptly verify the recipients of subsidies for the restoration and reconstruction of residents' housing within their respective administrative areas, and give them financial and material subsidies.

Article 26? After the occurrence of natural disasters, the people's governments in the affected areas shall provide basic living assistance to the people affected by the cold winter or the spring drought in the following year.

Chapter five? Medical assistance

Article 27? The state establishes and improves the medical assistance system to ensure that medical assistance recipients can obtain basic medical and health services.

Article 28? The following persons may apply for relevant medical assistance:

Minimum living security family members;

(2) destitute dependents;

(3) Other persons with special difficulties as stipulated by the people's governments at or above the county level.

Article 29? Medical assistance takes the following forms:

(a) the individual payment part of the basic medical insurance for urban residents or the new rural cooperative medical system;

(two) to subsidize the basic medical expenses that individuals and their families can't afford after the basic medical insurance, serious illness insurance and other supplementary medical insurance are paid.

The standard of medical assistance shall be determined and published by the people's governments at or above the county level according to the level of economic and social development and the situation of medical assistance funds.

Article 30? The application for medical assistance shall be submitted to the township people's government and sub-district offices, and approved by the civil affairs department of the people's government at the county level after examination and publicity. Medical assistance for family members of the minimum living guarantee and destitute dependents shall be directly handled by the civil affairs department of the people's government at the county level.

Article 31? The people's governments at or above the county level shall establish and improve the medical expenses settlement mechanism linking medical assistance with basic medical insurance and serious illness insurance, and provide convenient services for medical assistance recipients.

Article 32? The state establishes a disease emergency rescue system to help patients who need first aid but whose identity is unknown or unable to pay for it. In accordance with the provisions of the first aid expenses paid by the disease emergency relief fund.

The disease emergency rescue system should be connected with other medical security systems.

Chapter six? Educational assistance

Article 33? The state provides educational subsidies for the minimum living security for family members and destitute dependents who receive compulsory education.

For family members with minimum living guarantee, destitute dependents who receive high school education (including secondary vocational education) and general higher education, and disabled children who cannot receive compulsory education, appropriate education aid shall be given according to the actual situation.

Article 34? According to the needs of different stages of education, education assistance adopts the methods of reducing or exempting relevant expenses, granting grants, giving living allowances, and arranging work-study programs to ensure that education helps residents' basic study and life needs.

Article 35? The standards of educational aid shall be determined and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the level of economic and social development and the basic study and life needs of the educated.

Article 36? The application for educational aid shall be submitted to the school in accordance with the relevant provisions of the state, and shall be implemented in accordance with the relevant provisions of the state after being examined and confirmed by the school according to the prescribed procedures.

Chapter seven? Housing assistance

Article 37? The state provides housing assistance to families with minimum living security and those with scattered support for poor people who meet the prescribed standards.

Article 38? Housing assistance is implemented through the allocation of public rental housing, the issuance of housing rental subsidies and the renovation of dilapidated houses in rural areas.

Article 39? Housing difficulties and assistance standards shall be determined and promulgated by local people's governments at or above the county level according to factors such as the level of economic and social development and the level of housing prices in their respective administrative regions.

Article 40? Urban families applying for housing assistance shall apply to the housing security department of the people's government at the county level through the township people's government, sub-district offices or directly. After the civil affairs department of the people's government at the county level reviews the family income and property status, and the housing security department of the people's government at the county level reviews and publicizes the family housing situation, the housing security department of the people's government at the county level gives priority to the applicants who meet the application conditions.

Rural families applying for housing assistance shall be implemented in accordance with the relevant provisions of the people's governments at or above the county level.

Article 41? People's governments at all levels provide guarantee for the implementation of housing assistance through financial investment, land supply and other measures in accordance with state regulations.

Chapter eight? Employment assistance

Article 42? The state provides employment assistance to unemployed people who have the ability to work in families with minimum living security by means of discount loans, social insurance subsidies, job-seeking subsidies, training subsidies, fee reduction and exemption, and public welfare job placement.

Article 43? If all the members of the minimum living guarantee family are unemployed, the local people's governments at or above the county level shall take targeted measures to ensure that at least one person in the family is employed.

Article 44? To apply for employment assistance, it should be submitted to the local street and community public employment service agencies, registered after verification, and provide free employment services such as job information, employment introduction and career guidance.

Article 45? The minimum living security family members who have the ability to work but are not employed shall accept the work introduced by the relevant departments such as human resources and social security; If a person refuses to accept a job introduction that is suitable for his health status and working ability for three consecutive times without justifiable reasons, the civil affairs department of the people's government at the county level shall decide to reduce or stop issuing his own minimum living allowance.

Article 46? Employers who receive employment assistance enjoy employment support policies such as social insurance subsidies, tax incentives and small secured loans in accordance with relevant state regulations.

Chapter 9? Temporary relief

Article 47? The state provides temporary assistance to families with serious difficulties in their basic life temporarily due to accidents such as fire and traffic accidents, sudden illness of family members, or to families with minimum living security who have serious difficulties in their basic life temporarily due to sudden increase in necessary expenses beyond the family's affordability, as well as other families with special difficulties.

Article 48? To apply for temporary relief, an application shall be submitted to the Township People's Government and the sub-district office, and after examination and publicity, it shall be reported to the civil affairs department of the county-level people's government for approval; If the amount of assistance is small, the civil affairs department of the people's government at the county level may entrust the township people's government and the street office for examination and approval. In case of emergency, the examination and approval procedures may be simplified in accordance with regulations.

Article 49? Specific matters and standards for temporary assistance shall be determined and promulgated by local people's governments at or above the county level.

Article 50? The state provides temporary accommodation, emergency treatment and assistance to vagrants and beggars who have no livelihood.

Article 51? When the staff of the public security organs and other relevant administrative organs find vagrants and beggars while performing their official duties, they shall be told to seek help from the rescue management agencies. Among them, the disabled, minors, the elderly and other people with mobility difficulties should be guided and escorted to the rescue management agencies; First-aid personnel should be notified immediately to the first-aid institutions for treatment.

Chapter ten? Participation of social forces

Article 52? The state encourages social forces such as units and individuals to participate in social assistance through donations, the establishment of relief projects, the establishment of service institutions and the provision of voluntary services.

Article 53? Social forces to participate in social assistance, in accordance with the relevant provisions of the state to enjoy financial subsidies, tax incentives, fee reduction and other policies.

Article 54? Local people's governments at or above the county level may purchase specific social assistance services from social forces through entrustment, contracting and procurement.

Article 55? Local people's governments at or above the county level shall give full play to the role of social work service agencies and social workers, and provide professional services such as social integration, ability improvement and psychological counseling for social assistance objects.

Article 56? Social assistance management departments and relevant institutions shall establish mechanisms and channels for social forces to participate in social assistance, provide information on social assistance projects and needs, and create conditions and provide convenience for social forces to participate in social assistance.

Chapter eleven? management by supervision

Article 57? The people's governments at or above the county level and their social assistance management departments shall strengthen supervision and inspection of social assistance work and improve relevant supervision and management systems.

Article 58? Families who apply for or have obtained social assistance shall truthfully declare their family income and property status in accordance with the regulations.

The civil affairs department of the people's government at or above the county level may, according to the request or entrustment of families applying for or receiving social assistance, inquire and check their family income and property status through financial institutions such as household registration management, taxation, social insurance, real estate registration, industrial and commercial registration, housing provident fund management, vehicle and vessel management, etc. Relevant units and financial institutions shall cooperate.

The civil affairs departments of the people's governments at or above the county level shall establish a platform for checking the economic status information of families applying for and obtaining social assistance, so as to provide a basis for examining and determining the social assistance objects.

Article 59? Social assistance management departments of people's governments at or above the county level, township people's governments and subdistrict offices may consult, record and copy information related to social assistance matters, ask units and individuals related to social assistance matters, and ask them to explain the relevant situation and provide relevant certification materials. The relevant units and individuals shall truthfully provide.

Article 60? The application for social assistance shall be made in accordance with the provisions of these measures; If it is difficult for the applicant to determine the social assistance management department, he may first ask the social assistance agency or the civil affairs department of the people's government at the county level for help. After receiving help, the social assistance institution or civil affairs department of the people's government at the county level shall promptly handle it or hand it over to other social assistance management departments for handling.

Township people's governments and sub-district offices shall establish a unified window for accepting applications for social assistance, and accept and forward applications in a timely manner.

Article 61? The staff who perform the duties of social assistance shall keep confidential the personal information of citizens they know in the social assistance work, except the information that should be publicized in accordance with the regulations.

Article 62? People's governments at or above the county level and their social assistance management departments shall publicize social assistance laws, regulations and policies through newspapers, radio, television, internet and other media.

The people's governments at the county level and their social assistance management departments shall disclose the management and use of social assistance funds and materials in a timely manner through public consultation rooms, information collection points, information bulletin boards, etc., and accept social supervision.

Article 63? Staff who perform social assistance duties shall accept social supervision when exercising their functions and powers.

Any unit or individual has the right to report and complain about the illegal acts of the staff performing social assistance duties in social assistance work. The organ that accepts reports and complaints shall promptly verify and handle them.

Article 64? The financial departments and audit institutions of the people's governments at or above the county level shall supervise the collection, distribution, management and use of social assistance funds and materials according to law.

Article 65? If a family or individual who applies for or receives social assistance refuses to accept a specific administrative act made by the social assistance management department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter XII Legal Liability

Article 66? In violation of the provisions of these measures, under any of the following circumstances, the superior administrative organ or supervisory organ shall order it to make corrections; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

Not accepting the application for assistance that meets the application conditions;

The application for assistance that meets the conditions for assistance has not been approved;

(3) approving an application for assistance that does not meet the conditions for assistance;

(four) the disclosure of personal information of citizens known at work, resulting in consequences;

(five) lost or tampered with social assistance funds and materials, service records and other information;

(six) failing to distribute social assistance funds, materials or provide related services in accordance with the provisions;

(seven) there are other acts of abuse of power, dereliction of duty and favoritism in the process of performing social assistance duties.

Article 67? In violation of the provisions of these measures, interception, misappropriation, misappropriation, dividing social assistance funds and materials, shall be ordered by the relevant departments to recover; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 68? Whoever defrauds social assistance funds or services by means of false report, concealment or forgery shall be ordered to return the illegally obtained funds and materials, and may be fined for more than 1 times and less than 3 times the value of the illegally obtained funds and materials; Those who violate the administration of public security shall be punished according to law.

Article 69? In violation of the provisions of these measures, which constitutes a crime, criminal responsibility shall be investigated according to law.