Notice of Beijing Municipal Bureau of Civil Affairs on Printing and Distributing the Measures for the Examination and Confirmation of Beijing’s Minimum Living Security and Low-income Family Assistance
Jing Min She Jiu Fa [2022] No.321
District Civil Affairs Bureau, Social Affairs Bureau of Beijing Economic and Technological Development Zone:
The "Beijing minimum living security and low-income family assistance audit confirmation measures" issued to you, please seriously implement the actual.
Beijing Municipal Civil Affairs Bureau
November 17, 2022
Measures of Beijing Municipality on the Examination and Confirmation of Minimum Living Security and Assistance for Low-income Families
Chapter I General Provisions
Article 1 (Purpose and Basis) In order to standardize the examination and confirmation of the minimum living security (hereinafter referred to as the minimum living security) and the assistance for low-income families, and ensure that the assistance system for the minimum living security and low-income families is implemented openly, fairly and justly, According to the Notice of the Ministry of Civil Affairs on Printing and Distributing the Measures for the Examination and Confirmation of the Minimum Living Security, the Notice of the Office of the Central Rural Work Leading Group of the Ministry of Civil Affairs and the National Rural Revitalization Bureau of the Ministry of Finance on Further Improving the Work of Social Assistance such as the Minimum Living Security, the Measures for the Implementation of Social Assistance in Beijing, the Notice of the General Office of the Beijing Municipal Committee of the Communist Party of China and the General Office of the Beijing Municipal People’s Government on Printing and Distributing Several Measures for Reforming and Perfecting the Social Assistance System, and the spirit of relevant documents, these measures are formulated in combination with the actual situation of this Municipality.
Article 2 (Scope of Application) These Measures shall apply to the acceptance, investigation and verification, examination and confirmation, fund distribution, management and supervision of applications for assistance to low-income families in this Municipality.
Article 3 (Division of Responsibilities) The Civil Affairs Bureau is the competent department in charge of the relief work for low-income families in this Municipality, and is responsible for the overall arrangement, guidance and supervision. The District Civil Affairs Bureau is responsible for the comprehensive management of low-income families’ assistance in this area, and provides operational guidance and supervision on the street (township) to carry out low-income families’ assistance. Street (township) is responsible for the acceptance, investigation and verification, examination and confirmation, dynamic management and other work of the application for low-income and low-income families in this area. Community (village) to assist in the rescue object discovery report, application review, dynamic management, policy publicity and other related work.
Chapter II Qualifications
Article 4 (Qualifications for Minimum Living Allowance) Families composed of registered residents in this Municipality whose monthly per capita income of family members living together is lower than the minimum living allowance standard of this Municipality in the current year, and meet the provisions on the property status of the minimum living allowance families in this Municipality, shall be included in the minimum living allowance scope.
Families composed of non-local registered residents and local registered residents, among which non-local registered residents must hold residence permits in this city and meet the requirements of monthly per capita income and property status of family members mentioned in the preceding paragraph, can also be included in the scope of this Municipality’s minimum living allowance.
Article 5 (Direct Inclusion) Persons registered in this Municipality who meet one of the following conditions shall be directly included in the minimum living allowance:
(1) Persons with disabilities in vision, hearing, speech, and limbs in low-income families with disabilities of Grade I or II and persons with intellectual and mental disabilities with disabilities of Grade I, II or III (hereinafter referred to as severely disabled persons);
(two) in line with the provisions of the city’s minimum family property status, relying on brothers and sisters or the elderly aged 60 and above to support or raise adult unemployed severely disabled people.
Article 6 (Special Objects) In the early 1960s, the retired old workers, the educated youth who returned to the city because of work (illness), the former Kuomintang rebels who surrendered and released Amnesty, the "old returned overseas Chinese" with difficulties and other special relief objects who enjoyed regular quantitative relief from the government according to the relevant policies of the state were given protection according to the minimum living standard of this Municipality.
The identification of the special relief object mentioned in the preceding paragraph shall be implemented in accordance with the relevant documents of the state and this Municipality.
Article 7 (Conditions for Determining Low-income Families) Families composed of registered residents in this Municipality who are not included in the minimum living allowance, whose monthly per capita income of family members living together is lower than the minimum wage standard, and the total amount of per capita monetary property for emergency use does not exceed 1.5 times of the per capita consumption expenditure of urban residents in this Municipality last year, and the physical property meets the conditions for determining the minimum living allowance, can be included in the assistance for low-income families.
Families composed of non-registered residents and registered residents in this city, in which non-registered residents must hold residence permits in this city and their income and property meet the provisions of the preceding paragraph, can also be included in the assistance of low-income families.
Article 8 (Restriction on Repeated Assistance) If family members who are not registered in this Municipality have obtained assistance from low-income or low-income families in their registered residence or other areas, they will no longer enjoy assistance from low-income or low-income families in this Municipality.
Article 9 (Restrictions) The following circumstances are not included in the scope of assistance for low-income families in this Municipality:
(1) Students who are not registered in Beijing have moved into the collective accounts of schools in Beijing because of their schooling;
(two) to evade laws and regulations to conceal economic sources;
(three) other circumstances identified by the civil affairs department.
Article 10 (Family Members) Family members living together as mentioned in these Measures include:
(1) spouse;
(2) Minor children;
(3) Children who have grown up but cannot live independently, including those who receive full-time undergraduate education at school or below;
(4) Other persons who have the legal obligation to support, support and support and live together for a long time.
Article 11 (Excluding Family Members) The following persons are not included in the family members who live together:
(a) conscripts in active service;
(two) for more than three consecutive years (including three years) from the family to live independently;
(3) Persons declared missing by the people’s court;
(four) serving a sentence in prison and compulsory isolation of drug addicts in drug rehabilitation centers;
(five) other personnel identified by the civil affairs department in accordance with the relevant procedures.
Article 12 (Identification of Family Economic Status) 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 relevant provisions of this Municipality.
Chapter III Application and Acceptance
Article 13 (How to Apply) To apply for assistance to low-income and subsistence families, the applicant family shall determine a family member who lives together as the applicant, and apply in writing or online to the street (township) where the household registration is located, or submit the application materials to the street (township) where the household registration is located. The street (township) shall promptly refer all the materials to the street (township) where the household registration is located through the social assistance information management system. If it is difficult to fulfill the application procedures, you can entrust the community (village) or others to apply for it, and go through the corresponding entrustment procedures.
Article 14 (Application for Separate Families) If the household registration of family members living together is inconsistent with their place of residence, they shall apply according to the following principles:
(a) family members in the same domicile and domicile and residence are different, apply to the domicile street (township);
(two) family members in multiple domicile and domicile and residence are not the same, to the majority of family members domicile street (township) application; Family members with the same household registration number may apply to any street (township) where they are registered;
(three) family members in more than one household registration and some family members have the same household registration and residence, and apply to the street (township) where they live.
Article 15 (Application for Removable Public Household Registration) Families or individuals who belong to the removable "collective household registration" and "community public household registration" shall apply to the street (township) where the household registration is located according to the principle of territorial management, and the community (village) where the household registration is located shall assist in the relevant work.
Article 16 (Separate Application) An applicant may file a separate application under any of the following circumstances:
(1) Religious personnel who have been separated from their families and lived in religious places for more than three years (including three years) and have difficulties in life;
(two) divorced or widowed people who live with their parents for a long time.
Article 17 (Application Materials) To apply for assistance from low-income families with minimum living allowance, the applicant shall fill in the Commitment and Power of Attorney for Social Assistance Application (Annex 1) and submit the following materials:
(a) I and my family members living together, as well as the legal dependents, dependents, and the original ID cards and household registration books of the dependents;
(two) other materials that cannot be obtained through the sharing of government data.
Article 18 (Obligation to Apply for Family Members) Relevant persons applying for subsistence allowances and low-income family assistance shall perform the following obligations:
(1) Submit relevant materials as required;
(two) a written statement of the basic information of family members, family income and family property status and signature confirmation;
(three) to perform the relevant procedures authorized to check the information of their family members and their family economic status, and to cooperate with the investigation;
(four) to promise that the information provided is true and complete, and there is no deception or concealment;
(five) family members, family income, family property status changes, must promptly take the initiative to declare;
(6) Unemployed persons who have the ability to work within the legal working age should actively seek employment and voluntarily accept employment training and job introduction provided by streets (towns); Among them, registered unemployed persons shall perform relevant obligations in accordance with the provisions of this Municipality on the administration of employment and unemployment.
Article 19 (Withdrawal of Application) The applicant may revoke the application for assistance to low-income families with minimum living allowance in written form at the street (township) to confirm the previous time. Streets (townships) shall terminate the examination and confirmation procedures in time after receiving the written application.
Article 20 (Examination of Materials) Streets (towns and villages) shall examine the application materials, and those with complete materials shall be accepted; If the materials are not complete, it shall fill in the Notice of Correction of Social Assistance Application Materials (Annex 2) and inform all relevant materials at one time.
Article 21 (Filing of Close Relatives) Street (township) managers and community (village) staff who participate in the acceptance, examination and confirmation of social assistance, and their close relatives shall truthfully declare when applying for low-income and low-income family assistance; If the conditions for acceptance are met, it shall be registered separately.
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).
Chapter IV Investigation and Verification
Article 22 (Time Limit for Verification) Streets (townships) shall, within 10 working days from the date of accepting the application for assistance from low-income and low-income families, conduct a survey on the basic family information and economic situation.
Article 23 (Verification Method) The following methods are mainly adopted to investigate the applicant’s family basic information, economic status and actual living conditions:
(1) Information check. After accepting the application, the street (township) should check the information according to the authorization of the family members who apply for assistance and their related maintenance, support and maintenance obligors, and the check results provide a basis for the audit and confirmation.
(2) Household surveys. Streets (townships) can carry out investigation and verification on the applicant’s basic family information, economic status and actual living conditions with the assistance of communities (villages). There shall be no less than 2 investigators in each group. Investigators went to the applicant’s family to learn about their actual living conditions such as food, clothing, housing and use, and the physical health of family members; According to the applicant’s family income and family property status, verify its authenticity and integrity, fill out the Social Assistance Application (Regular Verification) Household Survey Form (Annex 3), and sign it with the family members living together present.
Depending on the situation, you can also take neighborhood visits, letters and other investigation methods.
When necessary, household surveys, neighborhood visits, etc. can be conducted by telephone, video and other non-contact methods.
Article 24 (Handling of Failure to Declare Family Members’ Information Truthfully) In the investigation and verification of streets (towns), if it is found that the applicant has failed to truthfully declare the basic information of family members and the basic information of legal maintenance, support and maintenance obligors and family members, it shall issue a Notice of Correction of Social Assistance Application Materials and inform the applicant in writing to complete all relevant materials. If the materials are not corrected in time without justifiable reasons, it shall be deemed that the applicant has given up this application.
Article 25 (Notification of Verification Results) If the verification results of the family economic status of the applicant and related maintenance, upbringing and maintenance obligors do not meet the conditions for the identification of low-income or low-income family assistance, the street (township) shall issue a Notice of Investigation Results of Families Applying for Social Assistance (Annex 4). The family can provide relevant supporting materials within 4 working days from the date of receiving the Notice of Investigation Results of Families Applying for Social Assistance. If no explanation is given within the time limit without justifiable reasons, the street (township) shall make a decision on examination and confirmation according to the results of investigation and verification.
Chapter V Examination and Confirmation
Article 26 (Preliminary Examination and Publicity) After the family investigation and verification is completed, the street (township) puts forward the preliminary examination opinions according to the basic information of the family and the investigation of the economic situation, fills in the Confirmation Form of the Minimum Living Security Audit (Annex 5) or the Confirmation Form of the Low-income Family Assistance Audit (Annex 6), and promptly publicizes the Public Notice of the Preliminary Examination of Social Assistance (Annex 7) in the community (village) affairs public column.
There are objections to publicity or complaints, reports and other controversial families, streets (towns) should re-organize investigation and verification or democratic appraisal, and re-submit preliminary opinions according to the investigation or democratic appraisal.
Article 27 (Democratic Appraisal) If it is necessary to conduct democratic appraisal, the street (township) shall, with the assistance of the community (village) within 4 working days, conduct democratic appraisal on the objectivity and authenticity of the survey results of the applicant’s family economic situation with the community (village) as the unit.
(a) democratic appraisal by the street (township) staff, community (village) party organizations and autonomous organizations concerned members, familiar with the community (village) on behalf of party member, community (village) residents.
(2) Democratic appraisal shall follow the following procedures:
1. preach the policy. Street (township) staff introduced the participants in the appraisal, appraisal agenda, preached the policies and regulations on the qualifications, supervision and management of subsistence allowances and low-income families, and announced the appraisal rules and meeting discipline.
2. Introduce the situation. The applicant states the basic situation of the family; Household investigators introduce the basic information, economic status and actual living conditions of the applicant family.
3. On-site evaluation. Participants in the democratic appraisal evaluate the objectivity and authenticity of the applicant’s basic family information, economic situation and actual living conditions.
4. Form a conclusion. Street (township) staff according to the on-site evaluation, to apply for family survey results to make a conclusion.
5. Sign for confirmation. Democratic appraisal shall be recorded in detail item by item in accordance with the Minute of Democratic Appraisal Meeting (Annex 8), and all participants shall sign for confirmation.
(three) democratic appraisal should be carried out in accordance with the prescribed procedures, and the applicant and family members should avoid it during the appraisal period. As one of the important elements of the files for low-income families, the Record Form of Democratic Appraisal Meeting is properly managed together with other files.
Article 28 (Examination and Confirmation) After the publicity, the street (township) shall put forward examination opinions and make a confirmation decision within 5 working days. In line with the conditions, issue the Notice of Confirmation of Giving Minimum Living Security (Annex 9) or the Notice of Confirmation of Giving Assistance to Low-income Families (Annex 10); Do not meet the conditions, the issuance of "not to confirm the minimum living guarantee notice" (Annex 11) or "not to confirm the low-income family assistance notice" (Annex 12). Inform the applicant in writing within 3 working days after making the above confirmation decision, and obtain the service receipt.
Article 29 (Prohibited Acts) Without investigation and verification, no family or individual may be directly included in the scope of assistance for low-income and low-income families.
Chapter VI Distribution of Funds
Article 30 (Calculation of Minimum Allowance) The minimum allowance shall be calculated according to the actual difference between the monthly per capita income of the applicant family determined by examination and the minimum allowance standard of this Municipality, and at the same time, the assistance level shall be improved for people with special difficulties such as the elderly, minors, patients with major diseases and severely disabled people according to the classified assistance policy of this Municipality.
Thirty-first (Full Payment of Minimum Allowance Personnel) The following personnel shall determine the amount of protection according to the full amount of the minimum allowance standard of this year:
(1) Persons listed in Article 6 of these Measures;
(two) to enjoy the national regular pension subsidies, meet the conditions of subsistence allowances and other special care recipients;
(three) severely disabled persons included in the scope of assistance;
(4) Other persons with special difficulties in life.
Article 32 (Persons Paying Living Allowances) Seriously ill patients in low-income families shall be paid a living allowance at the rate of 35% of the current minimum living standard every month; Minors under the age of 16 in low-income families and students over the age of 16 who receive full-time undergraduate and below education will be paid a monthly living allowance according to 25% of the minimum living standard of the city in that year.
Article 33 (Requirements for Payment) In accordance with the relevant provisions of the financial management system, the funds needed for the assistance of low-income and low-income families shall be included in the special account management and paid on time. Living allowance for low-income and low-income family members shall be paid from the month of approval, and socialized payment shall be implemented in principle, and the last month’s aid shall be paid to individual accounts before the 10th day of each month. If it is really impossible for socialized distribution due to special circumstances, the applicant shall submit a written application to the street (township), and the designated staff of the street (township) shall find the gold on his behalf.
Street (township), community (village) staff on behalf of the custody of the bank passbook or bank card for receiving the minimum living guarantee or living allowance shall sign a written agreement with the family members of the minimum living guarantee and report to the district civil affairs department for the record.
Article 34 (Limitation of Relief Projects) The persons listed in the second paragraph of Article 5 of these Measures are not applicable to special relief for families.
Chapter VII Management and Supervision
Article 35 (Termination of Examination and Confirmation Procedure) If the family members living together refuse to cooperate with the examination and confirmation of low-income and subsistence allowances without justifiable reasons, the street (township) may terminate the examination and confirmation procedure.
Article 36 (Timely Report) If the population status, income status and property status of low-income families have changed, they should take the initiative to report to the streets (towns) within one month.
Article 37 (Regular Verification by Classification) Streets (towns and villages) shall regularly check the basic information and economic conditions of low-income families with minimum living allowance, and carry out classified management according to the actual situation of families.
(a) for families whose economic status and basic situation of family members are relatively stable, they can be checked once a year;
(two) for the income source is not fixed or easy to determine, and have the ability to work and working conditions of the family, should strengthen the verification, generally at least once every six months, if necessary, according to the information check early warning, complaints and reports at any time to check;
(3) The persons listed in Article 6 of these Measures only need to know their physical health status in a timely manner, and do not need to check their economic status;
(four) during the verification period, the economic situation of the low-income families has not changed significantly, and the amount of low-income insurance will not be adjusted.
Article 38 (Active Employment) Unemployed persons who have received assistance from low-income families and have the ability to work within the legal working age should actively apply for employment and report their employment situation in time. Among them, if the unemployed registered in low-income families are deregistered due to one of the following circumstances, and there is no job-seeking behavior in other human resources service institutions, the streets (towns) shall stop issuing their own low-income allowances.
(a) I terminate the employment requirements;
(2) Refusing to receive public employment services for three consecutive times without justifiable reasons;
(three) for 6 consecutive months without contact with the registered street (township) social security office.
The situation of stopping hair mentioned in this article does not apply to registered unemployed persons such as pregnant, breastfeeding, long-term care for family members who are disabled, demented or severely disabled, and single parent raising preschool children.
Article 39 (Disposal of Abnormal Situations) During the periodic verification, members of low-income and 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 Verification Materials for Social Assistance (Annex 13). Those who fail to do so within the time limit will make a confirmation decision according to the information verification. 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.
Without special circumstances, low-income and low-income families who refuse to provide relevant materials and information may suspend the payment of low-income allowances or living allowances.
Fortieth (Termination or Change) Streets (towns and villages) shall, according to the changes of subsistence allowances, low-income family members and economic conditions, handle the procedures of stopping, reducing or issuing subsistence allowances in time; For those who no longer meet the conditions of subsistence allowances and low-income family assistance, they should go through the termination procedures in time, and fill in the Confirmation Form for Termination or Change of Minimum Living Security (Annex 14) or the Confirmation Form for Termination or Change of Low-income Family Assistance (Annex 15), and file them together with the original files.
Article 41 (Termination or Change of Delivery) For those whose subsistence allowances and low-income families have been terminated, the street (township) shall promptly deliver the Notice of Stopping the Minimum Living Allowance (Annex 16) or the Notice of Stopping the Assistance to Low-income Families (Annex 17), and obtain a service receipt. For those whose family income or personnel status has obviously changed and meets the conditions of assistance, the street (township) shall promptly deliver the Notice of Change of Minimum Living Guarantee (Annex 18) or the Notice of Change of Assistance to Low-income Families (Annex 19), and obtain a service receipt.
Forty-second (Relief Gradually Retreat) The subsistence allowances should take the initiative to report after employment. Take the initiative to report, after deducting employment incentives, if the family’s monthly per capita income is higher than the minimum living standard, but the family property meets the minimum living standard, it can be given a 12-month retirement period, and the minimum living allowance will still be received monthly during the retirement period. The specific criteria are: 100% of the original subsistence allowance paid by the family in the first 6 months, and 50% of the original subsistence allowance paid by the family in the last 6 months. According to the following procedures:
(a) the minimum employment personnel to the streets (towns) to apply for relief in writing.
(two) street (township) after acceptance, start the information check, the implementation of subsistence review procedures. For those who meet the conditions for the gradual withdrawal of assistance, they shall issue the Confirmation Form for Termination or Change of Minimum Living Security (Annex 14) and the Notice for Confirming the Gradual Withdrawal of Minimum Living Security Assistance (Annex 20), inform the applicant in writing and obtain a service receipt.
(three) during the period of gradual withdrawal of assistance, the eligibility for subsistence allowances for families with gradual withdrawal of assistance will be retained, and no other changes will be made except for the applicant’s written request to stop the gradual withdrawal of assistance or the change of the family population of the applicant.
Article 43 (Rescue and Migration) When the household registration of low-income and low-income families changes, the procedures for the migration of recipients’ qualifications shall be handled in time.
If the migration scope is in this area, the street (township) shall go through the migration procedures.
When the city moves across regions, the District Civil Affairs Bureau will assist in the transfer procedures. The transfer formalities shall be completed within 15 days. Move out of the street (township) shall pay the monthly subsistence allowance or living allowance; The street (township) where you move in should go through the immigration formalities in time, and the subsistence allowance or living allowance will be issued from next month.
Move out of the city, the streets (towns) should handle the cancellation procedures in time.
Article 44 (Archives Management) District Civil Affairs Bureau and streets (townships) shall standardize the management of the archives of low-income families with minimum living allowance, and electronic archives have the same effect as paper archives.
Article 45 (Supervision and Inspection) The municipal and district civil affairs departments shall improve the supervision and management system, strengthen the supervision and inspection of the relief work for low-income and low-income families, randomly select a certain number of relief families every year, check whether the procedures are standardized, whether the identification is accurate and whether the files are complete, and correct the problems in time when found.
The district civil affairs department should also focus on the supervision and inspection of the audit and confirmation of new and withdrawn relief objects, the issuance of funds, the filing of close relatives and the issuance of audit and confirmation documents every month.
Article 46 (Information Disclosure) At the beginning of each month, the streets (towns) shall publish the assistance of low-income and low-income families in their administrative areas on the information disclosure website or the community (village) affairs public column where the rescued person lives for a long time, and accept the supervision of the public.
The information disclosure scope of subsistence allowances and low-income families includes the name of the applicant of the rescued family, the number of people to be protected, the amount of monthly family security or living allowance, and the name of the street (township) where it is located. The period of publicity is from the date of approval of the assistance to the date of termination of the assistance.
Article 47 (Confidentiality of Information) All kinds of staff involved in social assistance shall keep confidential the personal privacy involved in the rescue work, except the information publicized and published in accordance with the regulations.
Article 48 (Social Supervision) Streets (towns and villages) shall, in accordance with the relevant provisions of the Measures of Beijing Municipality for the Verification of Letters and Visits and Complaints about Social Assistance Work, make public consultation and supervision by telephone, and improve the verification system of complaints and reports. If there are complaints and reports, they shall be investigated one by one.
If a family or individual who has applied for or obtained assistance refuses to accept a specific administrative act made by a street (township), it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 49 (Punishment for Violation of Rules) Whoever defrauds social assistance funds by means of false reporting, concealment, forgery, etc., shall stop the assistance, and shall be ordered to return the illegally obtained assistance funds according to the relevant provisions of the Measures for the Implementation of Social Assistance in Beijing, and may be fined between 1 and 3 times the illegally obtained assistance amount.
Threaten, insult, beat and scold the staff who perform the duties of social assistance, disturb the work order, and constitute a violation of public security management, and be given administrative penalties for public security according to law.
Chapter VIII Supplementary Provisions
Fiftieth District Civil Affairs Bureau may, in accordance with these measures, formulate detailed rules for implementation in combination with the actual situation in this district.
Fifty-first living allowance application, examination and confirmation procedures with reference to the relevant provisions of the minimum living allowance. Severely disabled people who receive monthly subsidies for living difficulties will no longer receive subsidies for living difficulties if their families meet the conditions for the identification of low-income families and give them subsistence allowances.
Fifty-second approach by the Municipal Civil Affairs Bureau is responsible for the interpretation of.
Article 53 These Measures shall come into force as of the date of issuance. The Notice of Beijing Municipal Civil Affairs Bureau on Printing and Distributing the Work Plan for the Reform of the Examination and Approval System of Social Assistance in Beijing (No.73 [2020] of Jingmin Society) shall be abolished at the same time. Where the relevant provisions in other documents are inconsistent with these Measures, these Measures shall prevail.