Measures of Jinzhou Municipality on the Minimum Living Security for Urban Residents
Measures of Jinzhou Municipality on the Minimum Living Security for Urban Residents
Jinzhou Municipal People's Government of Liaoning Province
Measures of Jinzhou Municipality on the Minimum Living Security for Urban Residents
Documents of Jinzhou Municipal People's Government
Gui [2000] No.5
Notice of Jinzhou Municipal People's Government on printing and distributing the measures for the minimum living guarantee of Jinzhou residents
County (city) District People's governments, municipal government departments, enterprises and institutions directly under them: The Measures for the Minimum Living Security of Urban Residents in Jinzhou are hereby printed and distributed to you, please follow them.
2000 1 1 27th of the month
Measures of Jinzhou Municipality on the Minimum Living Security for Urban Residents
Chapter I General Provisions
Article 1 In order to improve the minimum living security system for urban residents and ensure their basic livelihood, according to the Law of the State Council on Minimum Living Security for Urban Residents. ; And>, combined with the actual situation of our city, these measures are formulated.
Article 2 These Measures shall apply to the minimum living guarantee for non-agricultural registered permanent residence urban residents within the administrative area of our city.
Article 3 The people's governments at all levels shall be responsible for the minimum living security system for urban residents. The civil affairs departments of cities and counties (including county-level cities and districts, the same below) are the competent departments of the minimum living guarantee for urban residents within their respective administrative areas; The financial department is responsible for raising, reviewing, allocating, managing and supervising the minimum living guarantee funds for urban residents; Statistics, prices, auditing, labor and personnel departments are responsible for the work related to the minimum living guarantee for urban residents within their respective responsibilities. County-level civil affairs departments, sub-district offices and township (town) people's governments (hereinafter referred to as the administrative examination and approval authorities) are responsible for the specific management of the examination and approval of the minimum living guarantee for urban residents. The community (residents) committee may undertake the daily management and service of the minimum living guarantee for urban residents according to the entrustment of the management examination and approval authority.
Article 4 The basic principles followed by the minimum living guarantee system for urban residents are:
The principle of ensuring basic life;
(two) the principle of combining government guarantee with social assistance and encouraging self-help by labor;
(3) The principle of territorial management;
(4) the principle of dynamic management.
Fifth urban residents' minimum living security work implements the "three publicity" of security objects, security funds and security standards, and accepts social supervision.
Sixth to encourage social forces to carry out community services, donations, funding and other social mutual assistance activities, to improve the living standards of the security object.
Chapter II Security Objects and Security Standards
Article 7 The minimum living guarantee for urban residents refers to the following residents who hold local non-agricultural registered permanent residence and live there for a long time, and the per capita income of family members living together is lower than the minimum living guarantee standard for local urban residents;
(a) residents who have no source of income, no ability to work and can't determine their dependents, dependents or dependents, and their legal dependents or dependents have no ability to support, support and support;
(2) Residents with a certain income but no ability to work;
(three) residents who have the ability to work and have no income for the time being;
(four) residents who have the ability to work and have a certain income.
Eighth the following urban residents do not belong to the security object:
(a) the actual living standard of the family is higher than the minimum living standard of the local urban residents;
(two) residents who have the ability to work and have the conditions for employment, but refuse employment without justifiable reasons. Article 9 The minimum living standard for urban residents can certainly be met according to the State Council & gt. When the minimum living standard for urban residents needs to be improved, it shall be re-approved in accordance with the provisions of the preceding paragraph.
Chapter III Calculation of Family Income and Assistance Amount
Article 10 Family income refers to all monetary income and physical income of family members living together. include
(a) wages, bonuses, allowances, subsidies and other income;
(2) Pensions, retirement (divorce) pensions, basic living expenses, unemployment benefits, alimony, maintenance fees, maintenance fees and living expenses of employees' survivors;
(3) Interest, dividends, bonuses, royalties and other income;
(4) Income from property leasing and inheritance;
(5) Self-operated income;
(six) other family income that should be included.
Eleventh family income is calculated according to the average family income in the last three months.
Article 12 alimony, alimony and alimony shall be calculated according to the amount of agreement, ruling and judgment. If there is no agreement, ruling or judgment, the alimony shall be calculated according to the monthly per capita income of the children's family minus 50% of the rest of the local minimum living standard for urban residents divided by the number of dependents; The maintenance fee and maintenance fee shall be calculated at 25% of the payer's income. If there are multiple dependents or dependents, the maximum income shall not exceed 50%.
Thirteenth preferential payments, pensions and subsidies are not included in the family income.
Fourteenth registered permanent residence of college and technical school students are included in the family population, and all kinds of scholarships and grants they receive are not included in the family income; Officers and volunteers are included in the family population, and their income is included in the family income; Conscripts are not included in the family population during their service, their allowances are not included in the family income, and their income during the distribution period is not included in the family income.
Fifteenth city residents minimum living allowance, respectively, in accordance with the following provisions:
(a) residents who have no source of income, no ability to work, and can't determine their dependents or dependents, as well as residents whose legal dependents or dependents have no ability to support, support and support, enjoy them in full according to the local minimum living guarantee standard for urban residents;
(two) residents who have a certain income but have no ability to work shall enjoy it according to the difference between the per capita income of the family and the minimum living standard of local urban residents;
(three) for residents who have the ability to work and have no income for the time being, according to the difficult situation, they shall be given temporary assistance not exceeding 50% of the minimum living guarantee standard for local urban residents, and the time shall generally not exceed 3 months;
(four) for residents who have the ability to work and have a certain income, they shall be given assistance that does not exceed 40% of the difference between the per capita income of the family and the minimum living standard for local urban residents. Among them, the following persons shall be given assistance not exceeding 80% of the difference between the per capita income of the family and the minimum living standard of local urban residents:
1, disabled people;
2. Men over 55 years old and women over 50 years old;
3, their families have been seriously ill for many years, and the medical burden is heavy. Enjoy the minimum living allowance for urban residents, and increase the 30 yuan every month.
Chapter IV Procedures for Application, Approval and Issuance
Article 16 For families applying for the minimum living allowance for urban residents, the head of the household shall submit a written application to the subdistrict office or the town people's government through the community (residents') committee where the family is located (if there is no community (residents') committee, it shall be submitted directly to the township (town) people's government), issue relevant certification materials and fill in >
Article 17 The community (residents) committee is entrusted by the administrative examination and approval authority to verify the applicant's family economic status and actual living standard through household surveys, neighborhood visits and correspondence on the basis of personal self-report, and submit it to the residents' representative for evaluation and posting.
Eighteenth street offices or township (town) people's governments shall, on the basis of investigation and verification, conduct a preliminary examination of> and report it to the county civil affairs department.
Nineteenth county civil affairs departments to review the submitted materials, to meet the conditions to be approved; For those who do not meet the requirements, notify the applicant in writing and explain the reasons.
Twentieth community (residents) committee will publish the examination and approval results, no objection, issued by the security treatment certificate; If there is any objection, it shall be verified with the administrative examination and approval authority, and if the situation is true, it shall be corrected. Neighborhood offices or township (town) people's governments shall complete the investigation, verification and preliminary examination within 20 days from the date of receiving the applicant's application, and the civil affairs departments at the county level shall complete the examination, approval and filing within 10 days from the date of receiving the preliminary examination materials reported by the neighborhood offices or township (town) people's governments.
Twenty-first urban residents' minimum living allowance shall be paid monthly by the subdistrict office or the township (town) people's government.
Twenty-second administrative examination and approval authorities shall establish and improve the minimum living guarantee files for urban residents and the computer network information management system. Review the family income of the security object every quarter, and handle the procedures of stopping, reducing or issuing the minimum living guarantee for urban residents in time according to the changes of the family income of the security object.
Twenty-third security object family income changes, the security object should be timely through the community (residents) committee or directly inform the administrative examination and approval authority.
Twenty-fourth household registration security object migration, it should be in accordance with the examination and approval procedures for the relevant procedures.
Chapter V Management of Guarantee Funds
Twenty-fifth urban residents minimum living security funds into the fiscal budget, included in the social relief special funds expenditure subjects, account management, earmarking.
Twenty-sixth civil affairs departments should be in accordance with the requirements of the financial sector, the preparation of the next year's minimum living security funds for urban residents revenue and expenditure plan, after the audit of the financial sector at the same level into the budget; The financial department shall allocate funds in advance on a monthly basis according to the approved expenditure budget to ensure the use. The civil affairs department shall submit monthly and quarterly reports reflecting the implementation of the minimum living guarantee fund for urban residents to the financial department at the same level on time, prepare the final accounts at the end of the year and send them to the financial department at the same level for review.
Twenty-seventh administrative examination and approval authorities shall establish a supervision and management system for the approval and issuance of the minimum living allowance for urban residents.
Twenty-eighth financial and auditing departments shall supervise the use of the minimum living guarantee funds for urban residents according to law.
Twenty-ninth financial departments according to the actual needs of the work, arrange the necessary minimum living security funds for urban residents, for research, training, verification, file management and grassroots staff subsidies.
Chapter VI Legal Liability
Thirtieth personnel engaged in the examination and approval of the management of the minimum living guarantee for urban residents shall be given criticism and education or given administrative sanctions according to law if they commit any of the following acts; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Deliberately failing to sign a consent form for families who meet the conditions of enjoying the minimum living allowance for urban residents, or deliberately signing a consent form for families who do not meet the conditions of enjoying the minimum living allowance for urban residents;
(two) dereliction of duty, favoritism, or corruption, misappropriation, withholding, arrears of urban residents minimum living security funds and materials.
Article 31 the security object has one of the following acts, the county civil affairs department to give criticism and education or warning, recover the impersonator of urban residents minimum living security funds and materials; If the circumstances are bad, a fine of 1 times or more and 3 times or less shall be imposed:
(a) take false, concealment, forgery and other means to cheat to enjoy the minimum living allowance for urban residents;
(two) during the period of enjoying the minimum living allowance for urban residents, the family income has improved, and the management and examination and approval authorities have not been informed in accordance with the regulations, and they continue to enjoy the minimum living allowance for urban residents.
Thirty-second to refuse or hinder the examination and approval of urban minimum living security personnel to perform official duties according to law, verbal abuse or assault, by the public security organs in accordance with the "
Article 33 Urban residents who are dissatisfied with the decision made by the civil affairs department at the county level not to approve the enjoyment of the minimum living allowance for urban residents or to reduce or stop the payment of the minimum living allowance for urban residents or the administrative punishment given may apply for administrative reconsideration according to law; If you are still dissatisfied with the reconsideration decision, you may bring an administrative lawsuit according to law.
Chapter VII Supplementary Provisions
Article 34 These Measures shall be organized and implemented by the Municipal Civil Affairs Bureau.
Article 35 These Measures shall come into force as of June 6, 2000.