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深圳市残疾人特殊困难救济补助办法 Order of the Shenzhen Municipal People’s Government

2006-05-12 16:58   我要纠错 | 打印 | 收藏 | | |

深圳市人民政府令第117号

(No. 117)

颁布日期:20020722  实施日期:20020830  颁布单位:深圳市人民政府

  Measures of the Shenzhen Municipality on the Relief Allowancse to the Disabled with Special Difficulties was deliberated and adopted at the 56th Executive Meeting of the Third Session of the Municipal Government, is now promulgated and shall take effect as of August 30, 2002.

  July 22, 2002

  Measures of the Shenzhen Municipality on the Relief Allowances to the Disabled with Special Difficulties

  Article 1 In order to strengthen the administration of the relief allowances to the disabled with difficulties and truly help the disabled solve their real difficulties, these measures are hereby formulated.

  Article 2 These measures shall apply to the application, examination and approval, dispensation and administration of the relief allowances of the Shenzhen Municipality to the disabled with special difficulties.

  The relief allowances to the disabled with special difficulties referred to in these measures shall include the fixed-term allowances for the difficulties of severely disabled persons, medical recovery allowances for the disabled who fall into the household of special difficulty in terms of the minimum living security of urban and rural residents, allowances for the temporary difficulties such as unexpected accidents, hospitalization for sudden suffering from a serious illness, etc., and allowances for the tuition and miscellaneous expenses of registered disabled students.

  Article 3 A severely disabled person who is a registered permanent resident of this city and holds a certificate of the disabled may apply for the fixed-term allowance for difficulties once every year, the allowance standard shall be 100 RMB per mensem per capita.

  Article 4 A disabled person who is a registered permanent resident of this city, enjoys the minimum living security of urban and rural residents, and holds a certificate of the disabled may apply for the medical recovery allowance once every half year, the allowance standard shall be 100 RMN per mensem per capita.

  Article 5 A disabled person who is a registered permanent resident of this city and holds a certificate of the disabled may apply for the lump-sum allowance for temporary difficulties if the following difficult situations of living take place:

  (1) being unable to afford the tuition and miscellaneous expenses when the children go to middle, elementary schools or special education schools;

  (2) being unable to afford the expenses of installation of artificial limbs, orthopedic devices, and mutilation surgery, etc.;

  (3) there is a temporary difficulty in housing;

  (4) there is a difficulty for a family to make ends meet because of hospitalization for sudden serious illness or rare disease, long-time hospitalization of a mentally serious disabled person, etc.;

  (5) after unexpected serious accidents such as fire, flood, traffic accident, collapse of a house, etc. take place, the family has difficulties to maintain its living.

  The standard of the allowances for difficulties referred to in Item (1) to Item (3)

  of the preceding section shall be 1,000 RMB and may be up to 3,000 RMB for a particular person with extraordinary difficulties; the standard of the allowance for temporary difficulties referred to in Item (4) shall be 2,000 RMB and may be up to 3,000 RMB for a particular person with extraordinary difficulties; the standard of the allowance for temporary difficulties referred to in Item (5) shall be 3,000 RMB.

  Article 6 If a disabled student of this city who has passed the exams for higher education or adult higher education and been admitted to a college or university has difficulties to pay the tuition and miscellaneous expenses, an application may be filed for the allowances for the tuition and miscellaneous expenses in the years of study at a college or university, the allowance standard shall be 3,000 RMB per school year for college for professional training, 4,000 RMB per school year for college or university, 5,000 RMB per school year for graduate school.

  Article 7 A disabled person who meets the requirements prescribed in Article 3 to Article 6 or the person‘s relatives shall bring the household register of permanent residence in this city and the certificate of the disabled to the neighborhood office or township people’s government of the place of the disabled person‘s registered permanent residence, file a written application, fill out the application forms of the relief allowance to the disabled with special difficulties, and submit the related certification materials.

  Article 8 A neighborhood office or township people‘s government shall verify the application and certification materials submitted by an applicant in 7 business days and give a signed verification opinion to a district department of civil administration for examination and approval. The district department of civil administration shall make a decision in 5 business days on whether to approve the application or not.

  In case of approval in the decision, the allowance standard shall be determined, 4 copies of the written decision shall be made available and sent to the municipal federation of the disabled, the district department of finance, the neighborhood office of the place where the applicant is living or the township people‘s government, and the applicant.

  In case of not approval in the decision, a written notice shall be sent to the applicant and an explanation shall be made as well.

  The authority of a district department of civil administration to examine and approve an application for the relief allowance to the disabled with special difficulties may be delegated to this district‘s federation of the disabled, but the district department of civil administration shall be responsible for the supervision of the acts of the examination and approval which has been delegated, and bear the legal responsibility for the consequences of the acts of the examination and approval.

  Article 9 The various district federations of the disabled shall be responsible for timely dispensation of the approved allowances to the disabled with special difficulties to applicants. The fixed-term allowances for severely disabled persons shall be dispenses on the monthly basis, the medical recovery allowances for the disabled of a household with special difficulties falling into those of the minimum living security of urban and rural residents shall be dispensed on the quarterly basis, the allowances for temporary difficulties and the allowances for the tuition and miscellaneous expenses of registered disabled students at colleges or universities shall be dispensed in 10 business days from the date of approval of the applications.

  Article 10 Taking the allowances to the disabled with special difficulties shall be done by applicants themselves after signing receipts. If there is a special situation that an applicant cannot come over to take the allowance, the federation of the disabled of the district where this disable person is a resident shall bring the allowance to the applicant on time and have the receipt signed; if there is a special situation that a disabled person cannot sign a receipt and it has to be done by an agent instead, a copy of the agent‘s ID certificate shall be attached and remarks shall be added to explain the situation.

  Article 11 The funds of the relief allowances to the disabled with special difficulties shall come out of the financial expenditure of two-level governments, i.e., the municipal and district governments, each of them shall provide 50% of the funds and bring such payments into the two-level budgetary arrangements of the same year for the municipal, district finaces.

  At the beginning of every year, the various district federations of the disabled shall make the budgets for the funds and report them to the municipal federation of the disabled, district department of civil administration and district department of finance. The municipal department of finance shall make a budget for the funds of the city-wide relief allowances to the disabled with special difficulties according to the name lists and amount of money put together by the municipal federation of the disabled and verified by the municipal department of civil administration, appropriate the funds provided by the municipal finances to the various district departments of finance, and the various district departments of finance shall re-appropriate the funds to the district federations of the disabled. At the end of a year, the various district federations of the disabled shall make the reports of final accounts of the funds of the relief allowance to the disabled with special difficulties to the municipal federation of the disabled and the district departments of finance, the copies of the receipts signed by the disabled who received the allowances shall be attached, the district departments of finance shall be responsible for verification by comparing the reports with the decisions of the examination and approval on file. The amount of the dispensed allowances which have not been examined and placed on file by a district department of finance shall be verified and deducted from the next year‘s funds of the allowances to the disabled with special difficulties, and a written report shall be submitted to the municipal department of finance. The municipal federation of the disabled shall make a year-end report of collected final accounts to the municipal department of finance every year.

  One year‘s surplus of the funds of the relief allowances to the disabled with special difficulties may be carried over to the next year, but the total amount of the budget shall not be exceeded in principle.

  Article 12 A public summon system shall be put in practice for the disposition of the relief allowances to the disabled with special difficulties. Every year the municipal, district federations of the disabled shall post in the various villager (resident) committees the name list of the recipients of the year who have taken the relief allowances to the disabled with special difficulties, their specific difficulties, amount of the relief allowances, etc., and accept the masses‘ supervision.

  Any unit or individual believing that a recipient of the relief allowance to the disabled with special difficulties does not meet the legal requirements for taking the allowance may make an objection at a district department of civil administration. The district department of civil administration shall complete verification in 20 business days from the date of receiving the objection, if the facts are verified, correction shall be made; the allowance which has been taken shall be recovered.

  Article 13 If a person undertaking the administration of the relief allowances to the disabled with special difficulties or other related persons has taken one of the following acts, the unit, department which these persons are affiliated with or the office at a higher level shall impose disciplinary sanctions according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law:

  (1) examining and approving in violation of the legal requirements and procedures;

  (2) issuing false certificates and materials for an applicant;

  (3) neglecting duties, practicing favoritism and engaging in irregularities or embezzling, misappropriating, withholding, defaulting the relief allowances to the disabled with special difficulties.

  Article 14 If an applicant has refused to accept either the decision of a district

  department of civil administration on not approving of the relief allowance to the disabled with special difficulties or the standard for the allowance approved in a decision, an application for administrative review may be filed according to law; in case of refusal of an administrative review, an administrative action may be taken according to law.

  Article 15 The municipal government may make adjustments to the allowance standards prescribed by these measures in accordance with the social and economic developments and also the changes in the special difficulties of the disabled.

  Article 16 These measures shall take effect as of August 30, 2002.

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