Measures of Jilin Province for Implementing the Regulations on the Urban Residents' Minimum Security of Living  
 

(Promulgated by Decree No. 158 of Jilin Provincial People's Government on April 6, 2004)

 

  Article 1. These Measures are formulated for the purposes of regulating the provincial system of urban residents' minimum security of living, safeguarding the basic living of urban residents, in accordance with the State Council's Regulations on Urban Residents' Minimum Security of Living and in the light of the actual circumstances of this province.

  Article 2. "The system of urban residents' minimum security of living" referred to in these Measures means the social relief system of implementing differential helps to the urban residents whose average income per family member is below the local minimum security standards of living.

Article 3. These Measures shall apply to the minimum security of living of the urban (including townships)residents with the non-agricultural household registration within the administrative division of this province.

Article 4. The system of urban residents' minimum security of living shall abide by the following principles:

  (1)Safeguard the basic living;

  (2)Open, Fair and Just;

  (3)Safeguarding level shall correspond with the development level of economy and society;

  (4)Combine the state's security with social helps;

  (5)Encourage to provide and help oneself by labor; and

  (6)Possessive administration.

  Article 5. The civil affairs departments of the people's governments at the county level, their sub-district offices and the people's governments at the town level (hereinafter jointly referred to as the administration and approval organs) shall be responsible for the detailed work of the administration, examination and approval of urban residents' minimum security of living.

  The neighborhood (community) committees may undertake the daily administration and service of urban residents' minimum security of living entrusted by the administrative and approval organs.

  Article 6. As for the difficulties like re-employment, going in for individually-owned business, children's education, medical treatment, heating in Winter faced by the personnel who enjoy the urban residents' minimum security of living, the relevant departments like labor and social security, industry and commerce administration, tax affairs, education, sanitation, construction should formulate the relevant policies, adopt measures to give them help and consideration.

  Article 7. The standards for the urban residents' minimum security of living shall be determined by the civil affairs departments together with the departments and organizations of finance, statistics, pricing, education, sanitation and trade unions in the light of the necessary expenses paid for supporting the local urban residents' basic living.

  Urban residents' minimum living security standards may be adjusted in proper time according to the local economic development and financial capacity, and the circumstances of price fluctuation.

  The local people's governments shall publicize the standards of urban residents' minimum security of living through press media timely after they have been fixed.

  Article 8. Urban residents who apply for the minimum security of living treatment should offer exactly how their things stand about the actual circumstances of their family incomes to the administration and approval organs.

  Urban residents' family incomes mean the sum, total of the incomes of cash and physical objects gained by their family members living together, including the following:

  (1)Salaries, bonus, allowances, subsidies and other remuneration from work;

  (2)Retirement pensions and all kinds of drawn insurance benefits;

  (3)Savings, deposits, share and other negotiable securities and interests;

  (4)Proceeds from leasing or sale of their family assets;

  (5)Alimony, the cost of support and the cost of upbringing pension that the legal provider, supporter and fosterer must give;

  (6)Heritage inherited and donation accepted; and

  (7)Other family incomes, which must be included, confirmed by the civil affairs departments of the people's governments at the county level and upwards.

  Article 9. If there exist the members with non-agricultural household registration and the members with agricultural household registration in a family, the members with non-agricultural household registration shall be given the minimum security of living only. As for the incomes from the family members with agricultural household registration, which have the labor ability, shall be included in the family income.

  Article 10. The following incomes shall not be included in the family incomes:

  (1)Premiums granted by the government for special contributions to the State, the society and the people; honor allowances enjoyed after retirement by above-province-level model workers;

  (2)Pensions, subsidies, preferential benefits and nursing fees enjoyed by those given special care;

  (3)Subsidies given by the government and the society to help the students at school to overcome difficulties;

  (4)Temporary relief payment for living given by social organizations and individuals;

  (5)Nursing fees for the employees injured on duty and one-time pension enjoyed by the relatives of deceased employees;

  (6)Family allowances of resettling in an alien land;

  (7)Incumbent employees' public housing accumulation funds and all kinds of social overall insurance premiums paid by their work units according to relevant provisions; and

  (8)Other income, which may not be included in family incomes, confirmed by the civil affairs departments of the people's governments at the county level and upwards.

  Article 11. The funds needed by the urban residents' minimum security of living shall be listed into the financial budgets by the local people's governments, and shall be specially administered, and earmarked for the specified purpose.

  The civil affairs departments at all levels must propose next year's funds plans for the urban residents' minimum security of living before the year-end of every year, and shall be listed into financial budgets after examined and verified by the financial departments at the same level. The financial departments shall allocate the funds into the special subsidy accounts of financial and social security season by season in accordance with the budget plans made up by the approved departments, and shall allocate the funds into the financial and special accounts of the funds of the urban residents' minimum security of living monthly for ensuring the payment of security fees timely.

  Article 12. The financial departments at all levels should properly arrange the necessary working funds for the urban residents' minimum security of living according to their local actual circumstances of the work of the urban residents' minimum security of living, to ensure the normal development of the work.

  Article 13. The urban residents who apply for enjoying the treatment of the urban residents' minimum security of living should submit the following materials:

  (1)Application letter;

  (2)Fill in the Examination and Approval Form of the Treatment of the Urban Residents' Minimum Security of Living of Jilin Province offered free by the administration and approval organs, in accordance with the stipulations;

  (3)Household register book and residents ID cards (for the use of examination) as well as their duplicate ones;

  (4)Income certificates; and

  (5)Issue other correlative certificates stipulated by laws, regulations and rules.

  Organs, enterprises, institutions and social organizations have the duty to issue true and accurate income certificates truly and exactly for their hard-up employees.

  Article 14. Those applying for the treatments of the urban residents' minimum security of living should apply to the urban sub-district offices or the people's governments at the town level, where the household registered residence is located, together with the materials listed in Article 13 of these Measures. The administration and approval organs shall inspect, verify and confirm the applicants' family financial conditions and actual living standards.

  As for the applicants whose family incomes are not fixed, they shall be calculated in accordance with the incomes of the latest six months as of the date of the application. As for the one-time income and the seasonal income, they shall be shared into the six months to calculate.

  As for the applicant families of which the members are flexible employees, their incomes shall be confirmed in accordance with the measurement standards of industrial income fixed by the local people's governments.

  Article 15. In the process of verifying and confirming, the administration and approval organs should make the appliances' income conditions public in a bulletin of community over 7 days. If there is no disagreement, they shall be issued free the Certificate of the Urban Residents' Minimum Security of Living, the safeguarding objects may get their security funds with the certificates and their own ID cards. If there is disagreement, the administration and approval organs shall verify; as for those not belong in the scope of enjoying the treatments of the urban residents' minimum security of living, they shall be corrected.

  Article 16. The treatments of the urban residents' minimum security of living shall be issued monthly in the form of money according to the standards stipulated by the financial organs entrusted by the civil affairs departments of the local people's governments. If there are serious disabled persons, dangerous cases, the old over the age of 70 (including 70), in-school students, single-parent children, orphans in the families of enjoying the treatments of the urban residents' minimum security of living, and after being confirmed by the administration and approval organs, they shall be safeguarded classifiedly and added suitable allowances.

  The treatments of the urban residents' minimum security of living also may be issued in the form of material objects (grain, oil and other necessaries of life)in accordance with the detailed circumstances of the safeguarded objects, after being approved by the people's governments at the county (city, district)level.

  Article 17. As for those who have enjoyed the treatments of the urban residents' minimum living security treatment, the administration and approval organs should register for them, implement a kind of dynamic administration, perfect the  issuing procedures, set up and improve the files of safeguarded objects.

  Article 18. The safeguard objects of enjoying the treatments of the urban residents' minimum security of living should fulfill the following obligations during the period of enjoying the treatments of the urban residents' minimum security of living:

  (1)When the population and actual incomes have changed, they should inform the administration and approval organs within 7 days through the neighborhood (community) committees;

  (2)The safeguard objects should introduce their circumstances strictly according to the facts when the administration and approval organs examine and verify their credentials regularly;

  (3)Those of employment age and of labor capacity must take the initiative to get a job or accept the job offered by relevant departments, and they must submit the certificates of employment state issued by relevant departments to the sub-district offices or the town people's governments through their neighborhood (community)committees, and report  their employment situation;

  (4)Those of employment age and of labor capacity but out of work yet should take part in the community public-welfare services arranged by their neighborhood (community) committees; and

  (5)Other obligations stipulated by laws and regulations.

  Article 19. As for the organizations and individuals who make outstanding achievements in the work of the urban residents' minimum security of living, the people's governments at their county level and upwards or their higher civil affairs departments shall give them commendation or rewards.

  Article 20. As for the urban residents enjoying the urban residents' minimum security of living, who are of employment age and of labor capacity, and refuse twice the introductions introduced by their relevant departments to get a job without proper reasons within half a year, they shall be cancelled the rights of enjoying the treatments of the urban residents' minimum security of living.

  As for the urban residents who have been cancelled the rights of enjoying the treatments of the urban residents' minimum security of living, administration and approval organs should withdraw their certificates of the Jilin Urban Residents' Minimum Security of Living.

  Article 21. Those personnel going in for the administration and approval work of the urban residents' minimum security of living and having any of the following behaviors shall be given criticism, education, and disciplinary sanctions according to law; where a crime is constituted, the offenders shall be investigated for their criminal responsibilities according to law:

  (1)Those refuse to sign the agreements of enjoying the treatments of the urban residents' minimum security of living for the families which tally with the conditions of enjoying the treatments of the urban residents' minimum security of living; or intentionally sign the agreements of enjoying the treatments of the urban residents' minimum security of living for the families which fail to tally with the conditions of enjoying the treatments of the urban residents' minimum security of living; and

  (2)Those ignore their duties, indulge in malpractice; or embezzle, divert, withhold, default the funds and goods of the urban residents' minimum security of living.

  Article 22. As for the urban residents of enjoying the treatments of the urban residents' minimum security of living, having any of the following acts, the civil affairs departments of the people's governments at the county (city, district)level shall give them criticism, education or warning, retrieve the funds and goods of the urban residents' minimum security of living falsely  claimed by them; where the circumstances are odious, those residents shall be imposed a fine of 1 to 3 times as much as the falsely claimed amount:

  (1)Those adopting the measures of making a false report, hiding and forging to defraud the enjoyment of the treatments of urban residents' minimum security of living; and

  (2)Those whose conditions of family income are better than before during the period of enjoying the treatments of the urban residents' minimum security of living but fail to report to administration and approval organs according to stipulations and continue to enjoy the treatments of the urban residents' minimum security of living.

  Article 23. The samples of the Form of the Examination and Approval of the treatment of the Urban Residents' Minimum Security of Living of Jilin Province and the Certificate of the Urban Residents' Minimum Security of Living of Jilin Province shall be regulated unifiedly by the provincial civil affairs department.

  Article 24. These Measures shall become effective as of the date of June 1, 2004.

 

 

吉林省实施《城市居民最低生活保障条例》办法

(吉林省人民政府令第158号2004年4月6日)

  第一条 为了规范本省城市居民最低生活保障制度,保障城市居民基本生活,根据国务院《城市居民最低生活保障条例》,结合本省实际,制定本办法。

  第二条 本办法所称的城市居民最低生活保障制度,是指对家庭人均收入低于当地最低生活保障标准的城市居民实行差额救助的社会救济制度。

  第三条 本省行政区域内持有非农业户口的城市(含城镇)居民的最低生活保障,适用本办法。

  第四条 城市居民最低生活保障制度遵循下列原则:

  (一)保障基本生活;

  (二)公开、公平、公正;

  (三)保障水平与经济和社会发展水平相适应;

  (四)国家保障和社会帮扶相结合;

  (五)鼓励劳动自救;

  (六)属地管理。

  第五条 县级人民政府民政部门以及街道办事处和镇人民政府(以下统称管理审批机关)负责城市居民最低生活保障的具体管理审批工作。

  居民(社区)委员会根据管理审批机关的委托,可以承担城市居民最低生活保障的日常管理、服务工作。

  第六条 县级以上人民政府劳动和社会保障、工商行政管理、税务、教育、卫生、建设等有关部门应当制定相关政策,采取措施,对城市居民最低生活保障对象再就业、从事个体经营、子女入学、医疗、冬季取暖等困难,给予扶持和照顾。

  第七条 城市居民最低生活保障标准由民政部门会同财政、统计、物价、教育、卫生、建设、工会等部门和组织参照维持当地城市居民基本生活必需支出的费用确定。

  城市居民最低生活保障标准可以根据当地经济发展水平和财政承受能力以及物价波动情况适时调整。

  城市居民最低生活保障标准确定后,由当地人民政府通过新闻媒体及时向社会公布。

  第八条 城市居民申请享受城市居民最低生活保障待遇,应当如实向管理审批机关提供家庭收入的实际情况。

  城市居民家庭收入是指共同生活的家庭成员的全部货币收入和实物收入的总和,包括:

  (一)工资、奖金、津贴、补贴及其他劳动收入;

  (二)离退休费及领取的各类保险金;

  (三)储蓄存款、股票等有价证券及利息;

  (四)出租或者变卖家庭资产获得的收入;

  (五)法定赡养人、扶养人或者抚养人应当给付的赡养、扶养或者抚养费;

  (六)继承的遗产和接受的赠与;

  (七)县级以上人民政府民政部门认定应当计入的其他家庭收入。

  第九条 家庭成员中既有非农业户口又有农业户口的,只保障非农业户口家庭成员的最低生活。对农业户口中有劳动能力的家庭成员的收入,计入家庭收入。

  第十条 下列收入不计入家庭收入:

  (一)对国家、社会和人民做出特殊贡献,政府给予的奖励金,省级以上劳动模范退休后享受的荣誉津贴;

  (二)优抚对象享受的抚恤金、补助金、优待金及护理费;

  (三)为解决在校学生就学困难,由政府和社会给予的补助金;

  (四)社会组织和个人给予的临时性生活救济金;

  (五)因工(公)负伤职工的护理费及死亡职工的亲属享受的一次性抚恤金;

  (六)异地安置安家费;

  (七)在职人员按规定由所在单位代缴的住房公积金及各项社会保险统筹费;

  (八)县级以上人民政府民政部门认定不计入家庭收入的其他收入。

  第十一条 城市居民最低生活保障所需资金,由当地人民政府列入财政预算,专项管理,专款专用。

  各级民政部门在每年年底前,提出下一年度的城市居民最低生活保障资金计划,经同级财政部门审核后列入财政预算。财政部门根据核定的部门预算计划,按季度将资金拨入财政社会保障补助资金专户,并按月拨入城市居民最低生活保障资金财政专户,保证及时拨付保障金。

  第十二条 各级财政部门应当根据当地城市居民最低生活保障工作实际情况,适当安排必要的城市居民最低生活保障工作经费,保证工作正常开展。

  第十三条 城市居民申请享受城市居民最低生活保障待遇应当提交下列材料:

  (一)申请书;

  (二)按规定填写的管理审批机关免费提供的《吉林省城市居民最低生活保障待遇审批表》;

  (三)户口簿和居民身份证(供查验用)及其复印件;

  (四)收入证明;

  (五)法律、法规、规章规定出具的其他证明材料。

  机关、企事业单位和社会团体有义务为本单位困难职工出具真实、准确的收入证明。

  第十四条 申请城市居民最低生活保障待遇,应当持本办法第十三条所列材料向户籍所在地的城市街道办事处或者镇人民政府提出申请。管理审批机关对申请人的家庭经济状况和实际生活水平进行调查核实和认定。

  申请人家庭收入不稳定的,按照申请人申请时家庭收入前6个月计算。属于一次性收入或季节性收入的,分摊到6个月中计算。

  申请人家庭有灵活从业人员的,其收入依据当地人民政府确定的行业收入测评标准进行认定。

  第十五条 在核实认定的过程中,管理审批机关应当对申请人的家庭收入情况在社区张榜公布7日以上。对公布的家庭情况无异议的,为其免费发放《吉林省城市居民最低生活保障证》,保障对象凭《吉林省城市居民最低生活保障证》及本人居民身份证领取保障金。有异议的,由管理审批机关核实,属于不应享受城市居民最低生活保障待遇的,予以纠正。

  第十六条 城市居民最低生活保障待遇由当地人民政府民政部门委托金融机构按标准以货币形式按月发放。享受城市居民最低生活保障待遇的家庭成员中有严重残疾人、危重病人、70岁以上(含70岁)老人、在读学生、单亲子女、孤儿等,经管理审批机关认定后,实施分类保障,适当增加补助金额。

  城市居民最低生活保障待遇经县(市、区)人民政府批准,根据保障对象的具体情况,也可以实物(粮、油等生活必需品)形式发放。

  第十七条 对已享受城市居民最低生活保障待遇的城市居民,管理审批机关应当登记造册,动态管理,完善发放手续,建立健全保障对象档案。

  第十八条 享受城市居民最低生活保障待遇的保障对象在享受最低生活保障待遇期间,应当履行下列义务:

  (一)当其家庭人口或实际收入发生变化时,应当在7日内通过居民(社区)委员会告知管理审批机关;

  (二)管理审批机关对保障对象资格进行定期审核时,保障对象应当如实介绍情况;

  (三)在就业年龄内有劳动能力者应当主动就业或者接受有关部门介绍的工作,每季度通过居民(社区)委员会向街道办事处或镇人民政府民政部门提供有关部门出具的就业状况证明,汇报就业情况;

  (四)在就业年龄内有劳动能力且尚未就业者,应当参加其所在的居民(社区)委员会组织的公益性社区服务劳动;

  (五)法律、法规规定的其他义务。

  第十九条 对在城市居民最低生活保障工作中做出显著成绩的组织和个人,由县级以上人民政府或上级民政部门给予表彰或者奖励。

  第二十条 享受城市居民最低生活保障待遇的城市居民,在就业年龄内有劳动能力,半年内经有关部门两次以上介绍就业而无正当理由拒绝就业的,取消其享受城市居民最低生活保障待遇。

  对已被取消享受城市居民最低生活保障待遇的城市居民,管理审批机关应当及时收回《吉林省城市居民最低生活保障证》。

  第二十一条 从事城市居民最低生活保障管理审批工作的人员,有下列行为之一的,给予批评教育,依法给予行政处分;构成犯罪的,依法追究刑事责任:

  (一)对符合享受城市居民最低生活保障待遇条件的家庭拒不签署同意享受城市居民最低生活保障待遇意见的,或者对不符合享受城市居民最低生活保障待遇条件的家庭故意签署同意享受城市居民最低生活保障待遇意见的;

  (二)玩忽职守、徇私舞弊,或者贪污、挪用、扣压、拖欠城市居民最低生活保障款物的。

  第二十二条 享受城市居民最低生活保障待遇的城市居民,有下列行为之一的,由县(市、区)人民政府民政部门给予批评教育或者警告,追回其冒领的城市居民最低生活保障款物;情节恶劣的,处以冒领金额1倍以上3倍以下的罚款:

  (一)采取虚报、隐瞒、伪造等手段,骗取享受城市居民最低生活保障待遇的;

  (二)在享受城市居民最低生活保障待遇期间家庭收入情况好转,不按规定告知管理审批机关,继续享受城市居民最低生活保障待遇的。

  第二十三条 《吉林省城市居民最低生活保障待遇审批表》和《吉林省城市居民最低生活保障证》的样式,由省民政部门统一规定。

  第二十四条 本办法自2004年6月1日起施行。

    
(发布人: 法制办 )
 
     
 
 
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