Notice on Issuing the Detailed Rules for the Implementation of the Minimum Living Security for Urban and Rural Residents and the Relief System for Low-income Families in Beijing
Jingminshe Jiufa [2018] No.445
District Civil Affairs Bureau, Finance Bureau and Human Resources and Social Security Bureau:
With the approval of the municipal government, the detailed rules for the implementation of the minimum living guarantee for urban and rural residents and the assistance system for low-income families in Beijing are hereby printed and distributed to you, please follow them.
Beijing Municipal Civil Affairs Bureau
beijing finance bureau
Beijing Municipal Bureau of Human Resources and Social Security
November 12, 2018
Detailed Rules for the Implementation of Minimum Living Security for Urban and Rural Residents and Relief System for Low-income Families in Beijing
In order to further improve the minimum living guarantee for urban and rural residents in our city (hereinafter referred to as the urban and rural minimum living guarantee) and the assistance system for low-income families, and effectively guarantee the basic livelihood of urban and rural low-income residents, according to the Interim Measures for Social Assistance, the Measures for the Implementation of Social Assistance in Beijing and other relevant policies and regulations, combined with the actual situation of our city, these detailed rules are formulated.
First, urban and rural minimum living standards
(a) the implementation of the minimum living standard of urban and rural areas in this Municipality. The urban and rural minimum living standard mainly considers the basic living needs of residents, and is determined according to a certain proportion of the per capita consumption expenditure of urban residents in this city last year, and adjusted in a timely manner according to the economic and social development level of this city, price changes and household consumption expenditure.
(two) the determination and adjustment of urban and rural minimum living standards, each year by the Municipal Civil Affairs Bureau in conjunction with the municipal finance, statistics and other relevant departments to study and put forward a plan, approved by the municipal government, by the Municipal Civil Affairs Bureau to the public.
Second, the scope of urban and rural subsistence allowances
(a) the family composed of registered residents in this Municipality, and the monthly per capita income of family members living together is lower than the urban and rural minimum living standard of this Municipality in the current year, and meets the provisions of the property status of urban and rural minimum living families in this Municipality, and is included in the scope of urban and rural minimum living standard.
Families composed of non-local registered residents and local registered residents, who hold residence permits in this city and meet the requirements of income and family property status of urban and rural subsistence allowances in this city, can also be included in the scope of urban and rural subsistence allowances in this city.
(two) meet one of the following conditions of the city’s household registration personnel, directly into the scope of urban and rural subsistence allowances:
1. The vision, hearing, speech, physical disability with disability grade one or two and the intellectual and mental disability with disability grade one, two or three in low-income families (hereinafter referred to as severely disabled persons);
2. Adult unemployed severely disabled persons who meet the requirements of the property status of urban and rural low-income families in this Municipality and rely on their brothers and sisters or the elderly aged 60 or above.
(III) In the early 1960s, the retired old workers who were managed by the civil affairs department and enjoyed regular quantitative relief from the government according to the relevant policies of the state were downsized, the educated youth who returned to the city because of disability (illness), the former Kuomintang uprising defected and released leniently, and the special relief objects managed by other civil affairs departments were guaranteed with reference to the urban and rural minimum living standards of this Municipality.
(four) the following persons do not belong to the scope of urban and rural subsistence allowances:
1. Students who are not registered in Beijing and move into the collective accounts of schools in Beijing for schooling;
2 to avoid laws (regulations) behavior, resulting in no economic resources, life difficulties;
3 other personnel identified by the civil affairs department.
(5) Family members living together, including spouses, parents and minor children, adult children who cannot live independently, and other persons who have the legal obligation to support, support and support and live together for a long time.
(six) the following persons are not included in the family members living together:
1. Conscripts in active service;
2 for more than three consecutive years (including three years) from the family to live independently;
3. The people’s court declared the missing person;
4. Persons serving sentences in prisons;
5 other personnel identified by the civil affairs department in accordance with the relevant procedures.
(seven) the identification of family economic status includes the income and property of the applicant and his family members, and the specific identification conditions shall be implemented in accordance with the provisions of the "Guiding Opinions on Further Strengthening the Identification of Family Economic Status of Social Assistance" of this Municipality.
III. Urban and rural subsistence allowances
In accordance with the relevant provisions of the reform of the financial management system of the municipal government, the funds required for the implementation of the urban and rural minimum living security system shall be implemented by the district finance, and included in the financial budget of the district-level people’s government, with special account management, separate account accounting and special fund.
(a) the civil affairs departments at all levels will report the annual payment plan to the financial department at the same level, which will be included in the financial budget after examination, and prepare the final accounts according to the actual expenditure at the end of the year.
In the implementation of the annual budget, the District Civil Affairs Bureau needs to adjust the budget of urban and rural subsistence allowances due to factors such as the increase of security objects and the adjustment of security standards. It should prepare a budget adjustment plan according to the actual situation, and the financial department at the same level should handle it according to the regulations.
(two) the district finance department according to the audited plan, make a budget in advance, into the special account management, timely disbursement, to ensure that the minimum living allowance funds paid in full. At the same time, strengthen the management and supervision of security funds, prohibit misappropriation and diversion, and ensure rational and effective use.
Iv. application
(a) to apply for urban and rural subsistence allowances, the family members living together shall submit a written application and submit relevant materials to the social assistance agency of the township people’s government (street office) where the household registration is located.
Family members with mobility difficulties and reading and writing difficulties may entrust village (neighborhood) committees or individuals to apply on their behalf. Commissioned by the village (neighborhood) committees or individuals to apply, the applicant shall provide a written power of attorney.
(II) Families applying for urban and rural subsistence allowances shall fill in the Social Assistance Application (Periodic Verification) Form and Power of Attorney (Annex 1), truthfully declare their family economic status, and entrust the civil affairs department to verify their family income and family property status on their behalf.
(3) Relevant materials to be submitted by the applicant include:
1 "social assistance application (periodic verification) form and authorization";
2. I and my family members living together, as well as the original ID cards and household registration books of legal dependents, dependents and dependents;
3. On-the-job employees and individual employees (flexible employment, self-employment, self-employment) are required to provide income vouchers or bank flow sheets issued by the employed units; If there is a collective dividend, it shall provide the distribution records or relevant vouchers issued by the collective; If there is income from renting real estate, subletting or transferring the contracted land management right, the corresponding contract or agreement shall be provided;
4. Other materials
(1) Persons suffering from major diseases are required to provide the diagnosis certificate issued by the designated medical institutions with secondary and above medical insurance in this Municipality within 6 months before the application;
(2) Persons who are completely or mostly incapacitated need to provide the labor ability appraisal report issued by the labor ability appraisal institution;
If there is any objection in the process of verifying the labor ability and it is necessary to carry out the labor ability appraisal, the district civil affairs department shall entrust the district labor ability appraisal Committee to carry out the labor ability appraisal of the applicant.
(four) the applicant has one of the following circumstances, you can apply separately:
1 from the family, living in religious places for more than three years (including three years) of the religious staff;
2. Divorced or widowed people who live with their parents for a long time;
3. Other personnel specified by the civil affairs department.
(five) the applicant and family members of the household registration in any of the following circumstances, can be handled in the following ways:
1. If the household registration of family members is in the same district, the applicant may apply to the Township People’s Government (street office) where any family member is registered;
2. If the household registration of family members is not in the same district, the household registration should be moved to the same district before applying. Unable to migrate due to special reasons, it shall be handled according to the following procedures:
(1) Any family member who lives in the domicile shall apply to the Township People’s Government (street office); Other family members whose household registration is not in the place of application should cooperate to provide relevant materials;
(2) If any family member does not live in the domicile, it shall apply to the Township People’s Government (street office) where most family members live; Other family members whose household registration is not in the place of application should cooperate to provide relevant materials.
(six) the relevant personnel applying for urban and rural subsistence allowances shall perform the following obligations:
1. Submit relevant materials in accordance with the regulations, declare the family income and family property status in writing and sign for confirmation;
2. Fulfill the relevant procedures entrusted by the civil affairs department to check the family’s economic situation, and cooperate with the checking institution to carry out the investigation according to law;
3. Promise that the information provided is true and complete, and bear the relevant legal responsibilities caused by providing false information;
4 family members, family income, family property status changes, must take the initiative to declare;
5. Unemployed people who have the ability to work within the legal working age should actively seek employment; Among them, registered unemployed persons shall perform relevant obligations in accordance with the provisions of this Municipality on the administration of employment and unemployment.
(seven) the applicant can cancel the application for urban and rural subsistence allowances at one point before the District Civil Affairs Bureau makes the approval decision for personal reasons. To cancel the application for urban and rural subsistence allowances, a written application shall be submitted; Social assistance agencies and social assistance examination and approval departments shall terminate the examination and approval procedures in a timely manner after receiving the applicant’s application for revocation.
If it is difficult to cancel the application for urban and rural subsistence allowances, the village (neighborhood) committees or individuals may be entrusted to submit the application for cancellation. Commissioned by the village (neighborhood) committee or individual to submit the application for revocation, the applicant shall provide a written power of attorney.
V. Acceptance
(a) the Township People’s Government (street offices) is the main body responsible for reviewing the application for urban and rural subsistence allowances. Entrusted by the Township People’s Government (street offices), social assistance agencies undertake the transactional work of urban and rural subsistence allowances.
(two) the Township People’s government (street offices) social assistance agencies shall review the materials submitted by the applicant or his agent, and accept the materials if they are complete; If the materials are not complete, it shall fill in the Notice of Supplement and Correction of Social Assistance Application Materials (Annex 2) and inform the applicant or his agent in writing to complete all relevant materials.
(three) the handling personnel at all levels and the staff of the village (neighborhood) committees who participate in the acceptance, examination and approval of social assistance, and the close relatives of the above-mentioned personnel shall truthfully declare when applying for urban and rural subsistence allowances.
The social assistance agencies of the Township People’s Government (street offices) shall register separately the applications for urban and rural subsistence allowances that have been accepted by the social assistance agencies, the staff of the village (neighborhood) committees and their close relatives.
The scope of close relatives shall be determined with reference to the Measures of Beijing Municipality for Social Assistance Handling Personnel and Village (Neighborhood) Committee Staff and Their Close Relatives to Enjoy Social Assistance Filing (Trial).
Six, the family economic situation survey
(a) the social assistance agency of the Township People’s Government (street offices) shall, within 10 working days from the date of accepting the application for urban and rural subsistence allowances, organize social assistance staff to carry out household investigation and verification of the applicant’s family economic situation and actual living conditions with the assistance of the village (neighborhood) committees. There shall be no less than 2 investigators in each group.
(two) to investigate the applicant’s family economic situation and actual living conditions can take the following ways:
1. Information check. The municipal and district civil affairs departments shall, according to the authorization of the family members applying for urban and rural subsistence allowances and their related maintenance, support and maintenance obligors, check the income and property status of the family members applying for subsistence allowances and their related maintenance, support and maintenance obligors in accordance with the Measures for Checking the Economic Status of Social Assistance Families in Beijing, and issue a check report. The check report provides a basis for the examination and determination of urban and rural subsistence allowances.
2. Household survey. Investigators went to the applicant’s home to learn about the actual living conditions of his family, such as food, clothing, housing and use, and the physical health of family members. According to the applicant’s family income and property status, understand its authenticity and completeness, and fill in the Social Assistance Application (Regular Verification) Household Survey Form (Annex 3).
3. Neighborhood visits. Investigators visited the village (neighborhood) people’s committee or community where the applicant was located to learn about his family income, family property and actual living conditions.
4. Letter for proof. Investigators ask relevant units and departments for relevant certification materials by letter.
5. Other investigation methods.
(three) the results of the investigation of the applicant’s family economic situation do not meet the requirements of urban and rural subsistence allowances, and the social assistance agency of the Township People’s Government (street office) shall issue a "Notice of the results of the investigation of family economic situation" (Annex 4). The applicant shall provide relevant materials to explain the situation within 4 working days from the date of receiving the Notice on the Results of Family Economic Survey; Without justifiable reasons, the social assistance agency of the Township People’s Government (street office) shall, within 2 working days, submit the relevant materials to the social assistance management department of the District Civil Affairs Bureau for examination and approval.
VII. Democratic appraisal
(a) after the investigation of the family economic situation, the social assistance agency of the Township People’s Government (street office) shall, within 4 working days, with the assistance of the village (neighborhood) committees, make democratic comments on the objectivity and authenticity of the results of the investigation of the applicant’s family economic situation in the village (neighborhood) as a unit.
(two) democratic appraisal by the Township People’s government (street offices) social assistance agencies staff, village (neighborhood) party organizations and village (neighborhood) committee members, familiar with the situation of the village (neighborhood) people’s representatives of party member, village (neighborhood) people’s representatives. When organizing democratic appraisal, the total number of participants should be odd and not less than 9; Among them, the number of village (neighborhood) representatives shall not be less than 2/3 of the total number of people participating in the appraisal.
(3) Democratic appraisal shall follow the following procedures:
1. preach the policy. The staff of the social assistance agency of the Township People’s Government (street office) preached the qualifications, distribution principles and dynamic management of urban and rural subsistence allowances, and announced the appraisal rules and meeting discipline;
2. Introduce the situation. Household investigators state the basic situation of the family and introduce the investigation of the economic situation and actual living conditions of the applicant family;
3. On-site evaluation. The personnel participating in the democratic appraisal evaluate the objectivity and authenticity of the applicant’s personal declaration, family economic status and actual living conditions;
4. Form a conclusion. The staff of the social assistance agency of the Township People’s Government (street office) shall make a conclusion on the authenticity and validity of the results of the investigation on the applicant’s family economic situation according to the on-site evaluation;
5. Sign for confirmation. Democratic appraisal shall be recorded in detail item by item in accordance with the Minute of Democratic Appraisal Meeting (Annex 5), and all participants shall sign for confirmation.
(four) democratic appraisal should be carried out in accordance with the prescribed procedures, and the applicant and his family members should avoid it during the appraisal period. As one of the elements of urban and rural subsistence allowances, the Record Form of Democratic Appraisal Meeting is properly managed together with other files.
(five) the social assistance agency of the Township People’s Government (street office) shall reorganize the investigation and verification of the application for urban and rural subsistence allowances which is controversial in democratic appraisal. When necessary, it can be organized by the district civil affairs department.
VIII. Examination and approval
(a) on the day of the end of the democratic appraisal, the social assistance agency of the Township People’s Government (street office) shall put forward the preliminary examination opinions according to the results of the family economic investigation and democratic appraisal, fill in the Approval Form for the Minimum Living Security for Urban and Rural Residents in Beijing (Annex 6), and timely publicize the results of the family economic investigation and democratic appraisal in the village (neighborhood) affairs public column fixed by the village (neighborhood) committees. The publicity period is 7 days.
If there is any objection to the publicity, the Township People’s Government (street office) shall re-organize the investigation and verification, and re-publicize it according to the investigation.
(two) after the publicity, the social assistance agency of the Township People’s Government (street office) shall report the materials to the social assistance management department of the District Civil Affairs Bureau within 2 working days.
(3) The District Civil Affairs Bureau is the main body responsible for the examination and approval of urban and rural subsistence allowances. The social assistance management department of the District Civil Affairs Bureau shall, within five working days, comprehensively review the relevant materials and audit opinions (including democratic appraisal) reported by the Township People’s Government (street offices), and if it intends to approve the granting of urban and rural subsistence allowances, it shall verify the amount to be guaranteed, and at the same time, conduct spot checks at home at a rate of not less than 30%.
The social assistance management department of the District Civil Affairs Bureau shall conduct all household surveys on the applications for urban and rural subsistence allowances for separately registered social assistance handling personnel and village (neighborhood) committee staff and their close relatives, as well as the applications for urban and rural subsistence allowances with questions, complaints or other key investigations.
(four) after the comprehensive review, the social assistance management department of the District Civil Affairs Bureau shall put forward the examination and approval opinions within 2 working days. For families who are approved to give urban and rural subsistence allowances, the amount of protection shall be determined at the same time, and the "Approval Form for Minimum Living Security for Urban and Rural Residents in Beijing" shall be filled out, and the "Special Seal for Social Assistance Approval of District Civil Affairs Bureau" shall be affixed. Through the township people’s government (street offices) social assistance agencies served on the "urban and rural residents minimum living guarantee approval decision" (Annex 7) and "urban and rural residents minimum living guarantee Jinling evidence", and from the date of approval next month to issue low-income insurance.
For families that are not approved, the social assistance management department of the District Civil Affairs Bureau shall, within 3 working days after making the decision on examination and approval, deliver the Decision on Not Approving the Minimum Living Guarantee for Urban and Rural Residents through the social assistance agency of the Township People’s Government (street office) (Annex 8).
(five) the social assistance management department of the District Civil Affairs Bureau shall promptly publish the approved urban and rural low-income families for a long time through the information disclosure network of the district or the village (neighborhood) affairs public column fixed by the village (neighborhood) committees. The contents announced include the name of the holder, the guaranteed population, the monthly family security amount, etc. No group or individual without investigation and verification may be directly approved as the object of urban and rural subsistence allowances.
Nine, the determination and payment of urban and rural subsistence allowances
(a) the urban and rural subsistence allowances shall be calculated according to the difference between the monthly per capita income of the family and the urban and rural subsistence allowances in this Municipality multiplied by the number of people living together.
(two) the following personnel according to the city’s urban and rural minimum living standard in full to determine the amount of protection:
1. In the early 1960s, the retired old workers who were managed by the civil affairs department and enjoyed regular quantitative relief from the government according to the relevant policies of the state were reduced, the educated youth who returned to the city because of work-related disability (illness), the former Kuomintang uprising defected and released leniently, pardoned personnel, and the "old returned overseas Chinese" with difficulties in life and other special relief objects;
2. According to the relevant policies of the state, enjoy the government’s regular pension subsidies, meet the conditions for the identification of urban and rural subsistence allowances, and other special care recipients;
3. Severely disabled people;
4. Other people with special difficulties in life.
(three) the implementation of social distribution of urban and rural subsistence allowances, through banks and other financial institutions, directly distributed to the accounts of urban and rural subsistence allowances family members, and completed the distribution work before the 10th of each month. Due to special circumstances, it is really impossible for social distribution. The holder shall submit a written application to the Township People’s Government (street office), and the Township People’s Government (street office) shall designate a staff member to discover the gold.
The staff of the District Civil Affairs Department, the Township People’s Government (street offices) and the members of the village (neighborhood) committees shall not take care of the passbooks and bank cards of urban and rural minimum living allowance family members for any reason.
(four) in line with the provisions of the city’s urban and rural minimum living security family property status, relying on brothers and sisters or elderly people aged 60 or above to support or raise adult unemployed severely disabled people, not to give special assistance to the family as a unit.
Ten, urban and rural subsistence allowances classified assistance
Reasonably distinguish the difficulties of urban and rural low-income families, comprehensively consider factors such as age, physical condition, family structure and degree of difficulty, increase assistance to groups with special difficulties, and encourage urban and rural low-income people who have the ability to work to apply for jobs.
(1) Income reduction. According to the difficulties of applying for families, the monthly per capita income of families is calculated after the income of families applying for urban and rural subsistence allowances is appropriately reduced, including:
1. For families suffering from major diseases or severe disabilities, their family income shall be reduced according to 100% of the urban and rural minimum living standard; Among them, if the legal dependents reach the age of 60, the family income can be reduced again according to 50% of the urban and rural minimum living standard;
2. If the legal dependents in single-parent families raise minors under the age of 16 or students in full-time education over the age of 16 alone, the family income will be reduced according to 100% of the urban and rural minimum living standard;
If the applicant family meets the conditions of 1 or 2 items of income reduction at the same time, it shall be implemented according to the high standard of reduction.
(two) the issuance of urban and rural subsistence allowances.
1 people suffering from major diseases, severely disabled, in accordance with the city’s urban and rural minimum living standard of 35% additional urban and rural minimum living allowance;
2. In the early 1960s, retired old workers who were managed by the civil affairs department and enjoyed regular quantitative relief from the government according to relevant national policies were downsized, educated youth who returned to the city because of disability (illness), former Kuomintang uprising defected and released, pardoned personnel, traditional civil relief objects such as "old returned overseas Chinese" who had difficulties in life, and returned overseas Chinese and their relatives who were recognized by the overseas Chinese affairs department of the local government where their household registration was located, and special care was given to needy families such as orphans and martyrs, and elderly people over 60 years old (inclusive). Minors under the age of 16 and students over the age of 16 who have received full-time undergraduate education and below, people under the age of 60 who have reached retirement age, and people who have completely lost or mostly lost their ability to work, will receive additional urban and rural subsistence allowances according to 25% of the urban and rural subsistence allowances in this year;
If the above-mentioned personnel meet two conditions for issuance at the same time, they shall be executed according to high standards.
(3) Employment incentives. For urban and rural minimum living security applicants who achieve employment, when calculating family income, the monthly per capita income of the family can be calculated after deducting employment incentives, including:
1. When employees apply for urban and rural subsistence allowances, they can first deduct 80% of the urban and rural subsistence allowances in this year from their income and then calculate the monthly per capita income of the family;
2. Flexible employment, self-employment, self-employment of individual employees to apply for urban and rural subsistence allowances, can be approved in the following ways:
(1) If the income reaches or exceeds 180% of the urban and rural minimum living standard in this year, 80% of the urban and rural minimum living standard in this year can be deducted from its income as the employment reward, and then the family income can be calculated;
(2) If the income is higher than the urban and rural minimum living standard and lower than the urban and rural minimum living standard by 180%, the income can be verified according to the urban and rural minimum living standard of the city in that year;
(3) If the income is lower than the urban and rural minimum living standard of this Municipality, it shall be calculated according to the actual income.
3 urban and rural residents to achieve employment, their employment incentives in accordance with the above measures.
(4) The assistance is gradually receding. Urban and rural residents should take the initiative to declare after employment, and can be given 6 months of assistance after declaration. The specific way is that after deducting the employment reward, the urban and rural subsistence allowances can continue to receive the subsistence allowances on a monthly basis if their monthly per capita income is still higher than the urban and rural subsistence allowances. The specific standards are: 100% of the subsistence allowances originally received by their families in the first three months and 50% in the last three months.
Eleven, urban and rural low-income families assistance
(a) not included in the scope of the minimum living guarantee, the monthly per capita income of family members living together is lower than the minimum wage standard, and the families composed of registered residents in this city that meet the requirements of the property status of urban and rural low-income families can be included in the assistance of urban and rural low-income families.
Families composed of non-local registered residents married with local registered residents, non-local registered residents holding residence permits in this city, and meeting the standards for the identification of urban and rural low-income families and the provisions on the property status of urban and rural low-income families, can also be included in the assistance of urban and rural low-income families.
(two) the application and approval procedures for urban and rural low-income families shall be implemented in accordance with the relevant provisions of urban and rural subsistence allowances, and the classified assistance for urban and rural subsistence allowances stipulated in these rules shall not apply to urban and rural low-income families. (Annex 9 of the Examination and Approval Form for Identification of Urban and Rural Low-income Families in Beijing, Annex 10 of the Decision on Identification and Approval of Urban and Rural Low-income Families, and Annex 11 of the Decision on disapproval of Identification of Urban and Rural Low-income Families).
(3) Urban and rural low-income families can apply for medical care, education, housing, legal aid and temporary assistance and other relevant social assistance in accordance with relevant laws and regulations and the relevant provisions of social assistance management departments with the "Beijing Urban and Rural Low-income Family Assistance Certificate" issued by the civil affairs department.
For urban and rural low-income families, minors under the age of 16 and students over the age of 16 who receive full-time undergraduate education and below, living allowances will be paid according to 25% of the urban and rural minimum living standards in the current year, and the required funds will be managed with reference to the budget of urban and rural minimum living funds.
Twelve, maintenance, maintenance, maintenance fee accounting
Maintenance, support and maintenance expenses shall be determined according to the amount determined in the mediation, judgment or agreement. Without the above-mentioned documents or agreements, the amount is obviously low, and it shall be accounted according to the family income and family property status of maintenance, support and dependents. If the actual payment of maintenance, support and maintenance fees is higher than the accounting amount, it shall be calculated according to the actual payment amount.
(1) Accounting for alimony. Alimony for the elderly is calculated according to the family income and family property of the maintenance obligor.
1. If the family of the maintenance obligor has obtained the minimum living guarantee, the support of poor people and the assistance of low-income families, it shall be regarded as having no ability to support, and alimony shall not be calculated;
2. Families with elderly children have two or more houses (except that the per capita housing construction area of the family is lower than the per capita housing construction area of the whole city announced by the statistics department last year) or the per capita property value of the family totals more than three times the per capita consumption expenditure of the residents of this city last year, and there are no seriously ill and severely disabled family members, which is regarded as having complete support ability; Older people with children who can fully support them do not meet the conditions of social assistance; The family property of elderly children mentioned in this article does not include the property of adult grandchildren, and the property value includes the value of motor vehicles and monetary property owned by the family;
3. In addition to the above situation, alimony is calculated according to the following formula: alimony = (the average monthly total family income of the maintenance obligor -1.5× the minimum living standard of the current year× the number of families of the maintenance obligor )× 20%/the number of families that the maintenance obligor’s family should support.
(2) Accounting for maintenance. According to the relevant provisions of "Several Specific Opinions of the Supreme People’s Court on People’s Courts Handling the Problem of Child Support in the Trial of Divorce Cases" (Fa Fa [1993] No.30), if the dependents have a fixed income, they shall be calculated according to the proportion of 20% to 30% of the total monthly income; The burden of two or more child support, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income of the dependents; If there is no fixed income, the amount of alimony can be determined according to the total income of the year or the average income of the same industry, with reference to the above ratio; Under special circumstances, the above ratio may be appropriately increased or decreased.
(three) the accounting of alimony shall be carried out with reference to the accounting method of alimony.
XIII. Dynamic Management
(1) If the population status, income status and property status of urban and rural low-income families change, it shall promptly inform the Township People’s Government (street offices).
(two) the District Civil Affairs Bureau and the Township People’s Government (street offices) shall, according to the age, health status, working ability and family income sources of urban and rural low-income families, carry out classified management and regular verification.
1. In the early 1960s, the retired old workers who were managed by the civil affairs department and enjoyed regular quantitative relief from the government according to the relevant policies of the state were downsized, the educated youth who returned to the city because of work (illness), the former Kuomintang uprising defected and released leniently, and the traditional civil relief objects such as "old returned overseas Chinese" who had difficulties in life only needed to grasp their physical health status in time, without checking their economic status;
2. For families with relatively stable family economic status and basic situation of family members, it can be checked once a year;
3. For families whose income sources are not fixed or easy to determine, and who have the ability to work and working conditions, we should strengthen the verification, at least once every six months, and if necessary, we can check at any time according to the early warning information.
(3) Unemployed persons who have the ability to work within the legal working age and have received assistance from urban and rural subsistence allowances and low-income families shall actively apply for employment and report their employment status in a timely manner. Among them, registered unemployed persons (except those who are pregnant, nursing, caring for family members who are disabled, demented or severely disabled for a long time, and raising preschool children by single parents) have been canceled their unemployment registration because they have terminated their employment requirements or refused to accept public employment services for three consecutive times without justifiable reasons, or have not contacted the social security office of the township people’s government (street office) in the registration place for six consecutive months, and there is no other job-seeking behavior in human resources service institutions, the civil affairs department shall stop paying their own urban and rural subsistence allowances.
(IV) When conducting regular verification on low-income families, information should be checked first. When necessary, the district civil affairs departments and township people’s governments (street offices) should conduct verification and reorganize democratic appraisal by means of household surveys, letters and certificates. If there is an increase in family members, the newly added members and their maintenance, support and maintenance obligors shall perform the procedures entrusted to check their economic situation. During the regular inspection, members of low-income families should actively cooperate and provide relevant materials as required within 15 days from the date of issuing the Notice of Submission of Social Assistance Verification Materials (Annex 12); Those who fail to provide the information within the time limit will make an approval decision according to the information check.
(5) The social assistance agency of the Township People’s Government (street office) shall handle the procedures for stopping, reducing or issuing urban and rural subsistence allowances or living allowances according to the changes of urban and rural subsistence allowances and low-income family members and economic conditions; For those who no longer meet the conditions of urban and rural subsistence allowances or low-income family assistance, they should go through the termination procedures of urban and rural subsistence allowances or low-income family assistance in a timely manner, and fill out the Approval Form for Termination or Change of Minimum Living Security for Urban and Rural Residents in Beijing (Annex 13) or the Approval Form for Termination or Change of Urban and Rural Low-income Family Assistance in Beijing (Annex 14); The Township People’s Government (street offices) shall report to the District Civil Affairs Bureau for approval after being audited by the administrative department in charge of business audit.
(VI) The social assistance management department of the District Civil Affairs Bureau shall, after making the decision to terminate or change the examination and approval, fill in the Approval Form for Termination or Change of Minimum Living Security for Urban and Rural Residents in Beijing or the Approval Form for Termination or Change of Assistance for Urban and Rural Low-income Families in Beijing, and file them together with the original files.
(7) For families who are not qualified and whose social assistance is terminated, the District Civil Affairs Bureau shall serve the Decision on Termination of Minimum Living Security for Urban and Rural Residents (Annex 15) or the Decision on Termination of Assistance for Urban and Rural Low-income Families (Annex 16) through the social assistance agency of the Township People’s Government (street office).
(8) When members of urban and rural low-income families move their household registration across regions in the city, the District Civil Affairs Bureau of the place where they moved out and moved in shall be responsible for the transfer procedures and the handover of paper files. The transfer formalities shall be completed within 15 days.
Move out of the city, the cancellation procedures shall be handled by the District Civil Affairs Bureau.
(nine) District Civil Affairs Bureau, Township People’s government (street offices) should regulate the management of urban and rural low-income families’ assistance files, and electronic files have the same effect as paper files.
(ten) when the documents involved in these rules are delivered, they must obtain a receipt or other proof of delivery.
Fourteen, the village (neighborhood) committee responsibilities
(a) to assist the civil affairs department to do a good job in the report of the discovery of the relief object.
(two) to assist the civil affairs departments to do a good job in the examination and approval of the application for assistance.
(three) to assist the civil affairs departments to do a good job in dynamic management.
(four) to assist the civil affairs departments to do a good job of social forces to participate in social assistance.
(five) to assist the civil affairs departments to do a good job in social assistance policy propaganda.
XV. Supervision and Management
(a) the Civil Affairs Bureau is responsible for the management of urban and rural low-income families. The municipal and district civil affairs departments shall strengthen the supervision and inspection of urban and rural subsistence allowances and low-income families, and improve the relevant supervision and management systems.
(two) the municipal and district financial departments should formulate and improve the management system of urban and rural subsistence allowances and low-income families’ relief funds, and regularly supervise and inspect the allocation and use of urban and rural subsistence allowances and low-income families’ relief funds in various districts.
(3) Civil affairs departments at all levels, township people’s governments and sub-district offices may consult, record and copy relevant materials in the course of performing their duties, ask relevant units and individuals related to social assistance, and ask them to explain the relevant situation and provide relevant materials. The relevant units and individuals shall truthfully provide. Relevant units, organizations and individuals shall issue authentic, accurate and effective vouchers for people in difficulty, accept the investigation, and truthfully provide relevant information.
(four) the Civil Affairs Bureau should improve the information disclosure system, expand the way of information disclosure, and gradually realize the simultaneous disclosure of online information at the city, district and township (street) levels.
(5) The District Civil Affairs Bureau shall, at the beginning of each month, make a long-term announcement on the information disclosure website of the district and the village (neighborhood) affairs public column fixed by the village (neighborhood) committee where the holder lives, and accept the supervision of the public.
The minimum information disclosure scope includes the holder’s name, the guaranteed population, the monthly family security amount, the name of the district and township (street) where it is located. The information disclosure scope of low-income families includes the name of the holder of the Beijing Urban and Rural Low-income Family Assistance Certificate, the guaranteed population, the assistance situation, the name of the district and township (street). The publicity period is from the date of approval of social assistance to the date of termination of social assistance.
(6) Staff members who perform social assistance duties, as well as social organizations and individuals who participate in social assistance work, shall keep confidential the personal information of citizens they know in social assistance work, except for information that should be publicized and published in accordance with regulations.
(VII) District Civil Affairs Bureau and Township People’s Government (street offices) social assistance agencies shall, in accordance with the relevant provisions of the "Beijing Social Assistance Work Letters and Visits and Complaints Reporting Verification Measures", publicly consult and supervise the telephone, improve the reporting verification system, and investigate the real-name reports received one by one and timely feedback the verification results.
(eight) families or personnel who have applied for or obtained social assistance may apply for administrative reconsideration or bring an administrative lawsuit according to law if they are dissatisfied with the specific administrative act made by the civil affairs department.
Sixteen, legal responsibility
In accordance with the relevant provisions of the Measures for the Implementation of Social Assistance in Beijing, the legal responsibilities of those who violate the rules and regulations shall be investigated. Units and individuals who provide false information and issue false materials for families who have applied for or obtained social assistance shall be recorded in the credit record; Involving party member, cadres, according to the management authority reported to the organization and personnel departments and supervision departments of the Commission for Discipline Inspection, according to the provisions of the treatment.
XVII. Interpretation and others
(a) the District Civil Affairs Bureau shall, in accordance with the detailed rules for the implementation and the actual situation, study and formulate specific implementation measures and report them to the Municipal Civil Affairs Bureau for the record.
(2) The Beijing Municipal Bureau of Civil Affairs shall be responsible for the interpretation of these Detailed Rules.
(III) The severely disabled who receive monthly living allowance will no longer receive living allowance after receiving the minimum living guarantee according to the detailed rules for implementation, and the District Civil Affairs Bureau will take back the Certificate of Living Allowance for Urban Residents in Beijing.
(4) These Detailed Rules shall be formally implemented as of January 1, 2019. Notice on Printing and Distributing the Detailed Rules for the Implementation of the Minimum Living Security System for Urban Residents in Beijing (J.M.J.F. [2000] No.516), Notice on Printing and Distributing the Detailed Rules for the Implementation of the Minimum Living Security System for Rural Residents in Beijing (J.M.J.F. [2002] No.165) and Notice on Standardizing and Coordinating the Temporary Assistance System (J.M.J.F. [2000] Notice on Printing and Distributing the Interim Measures for the Identification of Low-income Families in Beijing (J.M.J.F. [2009] No.443), Notice on Printing and Distributing the Examination and Approval Measures for the Minimum Living Security of Urban and Rural Residents in Beijing (Trial) > (J.M.S.F. [2014] No.182), Notice on Standardizing and Coordinating the Classified Assistance System for the Minimum Living Security of Urban and Rural Residents in our city) Where the original policies and regulations are inconsistent with these detailed rules, these detailed rules shall prevail.
Attachment:
1 social assistance application (regular verification) form and authorization letter
2. Notice of correction of social assistance application materials
3. Social assistance application (regular verification) household questionnaire
4. Notice of the results of family economic investigation
5. Record Form of Democratic Appraisal Meeting
6 Beijing urban and rural residents minimum living guarantee approval form
7 urban and rural residents minimum living guarantee approval decision
8. Decision on disapproval of the minimum living guarantee for urban and rural residents
9 Beijing urban and rural low-income families that approval form
10 urban and rural low-income families that approval decision
11 urban and rural low-income families decided not to approve the decision
12 social assistance verification materials submitted notice
13. Approval Form for Termination or Change of Minimum Living Security for Urban and Rural Residents in Beijing
14 Beijing urban and rural low-income families assistance to terminate or change the approval form
15 urban and rural residents minimum living guarantee termination decision
16 urban and rural low-income families relief termination decision