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What are the conditions and standards for Fujian to apply for subsistence allowances, and how long can it be applied?
First, the minimum target range
(1) What are the basic conditions for applying for subsistence allowances?
* * * Family members living together, whose per capita income is lower than the minimum living standard, and whose family property status meets the prescribed conditions, can apply for minimum living standard.
Severely disabled people, whose per capita income and family property status meet the prescribed conditions (for details, please refer to questions 14 and 15), can also apply for subsistence allowances.
(2) How to define the family members who live together?
* * * Family members living together include: husband and wife, minor children, adult children who cannot live independently (including adult children who have received undergraduate education or below, the same below), and other people who are legally obligated to support, support and support and live together for a long time.
Couples who cannot live independently and their minor and adult children, whether they live alone or not, should be regarded as family members living together; Other persons who have the legal obligation to support, support and support and live together for a long time, whether separated or not, can be regarded as family members living together or not according to the principle of favorable insurance.
(three) who are not included in the * * * family members?
1. Except for couples who can't live independently, their minor children and adult children, other people who have the legal obligation to support, support and support but have not lived together for a long time, regardless of whether they live alone or not, are regarded as family members who have not lived together.
2. The following special personnel are not included in the * * * family members (not limited by the relationship between husband and wife): First, religious clergy who have been separated from their families for more than three consecutive years; Second, people serving sentences in prisons; Third, other personnel identified according to relevant regulations, such as family members whose whereabouts have been unknown for two years, have been declared missing by the court or issued a written explanation by the township government (street office).
(4) Can family members living together apply for subsistence allowances separately?
Unless otherwise stipulated in the policy, both husband and wife, their minor children and adult children who cannot live independently may not apply for subsistence allowances alone, and their per capita income and family property are calculated together. Other people who do not live together and have legal obligations of support, upbringing and maintenance (hereinafter referred to as legal obligations), whether they live alone or not, are not included in the minimum living guarantee applicant. * * * Living together, according to the principle of favorable insurance, can apply for subsistence allowances together, * * * calculated by per capita income and family property; Can not be included in the minimum living guarantee applicants, not to the minimum living guarantee applicants per capita income and family property * * * to calculate. The legal obligor who is not included in the minimum living guarantee applicant has the equality to perform his obligations, and shall calculate the maintenance, support and maintenance expenses that should be paid to the minimum living guarantee applicant in accordance with the provisions (see the tenth question and answer for details).
Unless otherwise stipulated by the policy, it means that the following special personnel can apply for subsistence allowances separately: First, eligible patients with serious and serious diseases (see Question 14 for details); II. Eligible persons with disabilities (see Q&A15 for details); Third, religious clergy who have been separated from their families and have lived in religious places for more than three years and have difficulties in life.
Two, the demolition application approval and payment of funds
(5) What are the basic procedures for the examination and approval of subsistence allowances?
1. Personal application. With the family members living together as the applicants, the head of household shall submit a written application to the Township People's Government (street office) where the household registration is located. If the application is difficult, the village (neighborhood) committee or other people may be entrusted to apply for it.
2. Township audit. Township People's governments (street offices) investigate and verify the applicant's family economic situation through household surveys, neighborhood visits, letters and visits, information checking and democratic appraisal. , put forward the audit opinion, and report it to the county civil affairs department for approval after publicity in the village (community) where the applicant is located.
3. County-level approval. The civil affairs department at the county level shall, in accordance with the prescribed procedures and time limit, make a decision on examination and approval after examination, spot check and publicity. If the minimum living allowance is approved, the minimum living allowance will be paid from the month following the date of approval; If it is not approved, the Township People's Government (street office) shall inform the applicant in writing and explain the reasons.
(6) How to verify and distribute the minimum living allowance?
The approval of the minimum amount is divided into two ways: differential subsidy and graded subsidy. If the differential subsidy is implemented, the minimum living allowance shall be calculated according to the difference between the approved per capita income of the applicant's family and the local minimum living standard. The basic calculation formula is: the monthly minimum living allowance for families = (local monthly minimum living allowance standard-family per capita income) × the number of people guaranteed; The implementation of grading subsidies, according to the local grading subsidy standards, comprehensively consider the income level and difficulty of low-income objects, and give them different grades of subsidies.
The local minimum living standard 10 ~ 20% can be added to special objects such as severely disabled people, critically ill patients who have lost their ability to work, elderly people over 70 years old, minors, students in non-compulsory education stage, families with one-child death or disability, and single-parent families. At the same time, if more than two additional conditions are met, the security fund will be approved according to the principle of "high priority" and will not be enjoyed again.
In principle, the subsistence allowances are distributed in a socialized way, and are directly distributed to the personal accounts of the subsistence allowances through financial institutions on a monthly basis.
Three. Verify family income and property
(seven) how to define the minimum living security applicant's family income?
Family income refers to the total disposable income of family members who apply for subsistence allowances and live together with * * * within the prescribed time limit, including the sum of wage income, operational income, property income and transfer income after deducting personal income tax and social security expenditure paid by individuals according to regulations.
Family per capita income refers to the average family income divided by the number of people applying for subsistence allowances.
(eight) which items should be included in the family income?
1. Various hourly wages, piecework wages, bonuses, allowances and subsidies, overtime wages, wages paid under special circumstances and other labor income;
2. Income from various business service activities and agricultural and sideline production (including income in kind that can be converted into cash);
3. Retirement expenses, retirement expenses, living expenses, unemployment insurance premiums, endowment insurance premiums, land acquisition and maintenance fees, commercial insurance premiums, etc. ;
4. Survivors' living allowance. In the early 1960s, the living allowance for retired workers was reduced;
5. Alimony, alimony and alimony;
6 one-time resettlement subsidies, one-time economic compensation (subsidies, compensation) and various living allowances (compensation) paid regularly;
7 collective economic organizations distribution income, rural land contractual management rights transfer income, planning and demolition compensation income;
8. Income from lease, transfer or sale of property;
9. Accept gifts and inherit income;
10. Deposit, interest and other property income;
1 1. Gambling and other unexpected income;
12. Other items that should be included in family income according to regulations.
(9) What items are not included in family income?
1. Pensions, subsidies, honorary donations and nursing expenses enjoyed by special care recipients (including revolutionary "five seniors") according to regulations; Living allowance for old party member before the founding of the People's Republic of China;
2. The families of conscripts shall enjoy preferential payments and bonuses as required; Local economic subsidies for self-employed retired soldiers;
3. Rewards and special allowances given by the government for making special contributions to the country, society and people; Honorary allowance for model workers; Reward for bravery;
4. Old age allowance or old age allowance issued by the government;
5. Family planning families enjoy the one-child fee and assistance according to the policy;
6. The government, society and schools give grants and scholarships to poor students;
7 medical aid funds and materials given by the government and society;
8. Low-rent housing subsidies issued by the government and resettlement subsidies in the reservoir area;
9. Medical expenses, nursing expenses, disability AIDS, and funeral expenses for those who died in the line of duty;
10. The part of personal injury compensation other than living expenses;
1 1. In the compensation for demolition, the actual expenses such as the purchase of peaceful self-occupied houses and the necessary relocation, decoration and purchase of ordinary furniture and household appliances are used according to the regulations;
12. Income from public welfare labor of urban and rural residents participating in community organizations;
13. Price subsidies, holiday subsidies and one-time living subsidies issued by the government;
14. Special subsidies for the disabled, such as nursing subsidies, education subsidies, fuel subsidies for motor wheelchairs, and subsidies for moderately and severely disabled people with minimum living allowances; Living allowance for disabled people with special difficulties other than the minimum living allowance issued by the civil affairs department;
15. Living allowance for returned overseas Chinese and Taiwan compatriots;
16. Housing accumulation fund and various social insurance co-ordination fees paid by units and individuals according to regulations;
17. Other items that are not included in family income according to regulations. For example, in order to promote poverty alleviation, the current policy of our province stipulates that all kinds of poverty alleviation funds given by the government and society are not included in the family income of the applicants for subsistence allowances.
(ten) how to calculate the maintenance, support and maintenance expenses that the legal obligor should pay to the minimum living guarantee applicant?
The legal obligor shall pay alimony, alimony and alimony to the minimum living allowance applicant, and calculate the amount according to legal documents such as legally effective agreements, conciliation statements and judgments.
In the absence of legal documents, if the per capita income of the legal obligor's family is less than 2 times (including 2 times) of the local minimum living standard, it is regarded as lack of ability to perform obligations, and the payable alimony, alimony and maintenance expenses may not be calculated; If it is 2 times higher than the local minimum living standard, its income will generally be 50% higher than the local minimum living standard, and the average income will reach every object it should support, support and support (including but not limited to the minimum living applicant, excluding the family members of the legal obligor who calculate the per capita income).
(eleven) what are the specific provisions for calculating the employment income of the minimum living guarantee applicant?
In order to encourage low-income applicants who have the ability to work to find jobs, and consider the actual situation that they need to take care of the old, the weak, the sick and the disabled after returning home, the current policy of our province stipulates that if low-income applicants achieve employment, they can deduct employment expenses according to their employment income or local minimum wage standard of 20% ~ 30%; If the employment is unstable and it is difficult to confirm the actual income, the employment income can be calculated according to the local minimum wage standard; If it is really necessary to take care of the disabled and semi-disabled elderly, infants, seriously ill patients and severely disabled people at home, or if there are special circumstances such as pregnancy and breastfeeding, and they do not have employment conditions, they may be exempted from accounting 1 the employment income of working low-income applicants.
(twelve) what circumstances shall not enjoy the minimum living allowance?
1. The actual living standard is obviously higher than the local minimum living standard:
(2) refusing to cooperate with the subsistence allowance department to investigate the family status of the applicant, which leads to the inability to verify the income;
3. Deliberately concealing the real family income and family population changes, or providing false application materials or false certificates;
4. Give up the property or share due, or give up the legal property and income such as alimony, alimony and alimony due through divorce, gift or transfer;
5. The legal obligor has the ability to support, raise and support, but fails to perform his obligations according to law, resulting in the applicant not obtaining the rights and interests of support, support and support;
6 individuals deliberately idle contracted land;
7. Being able to work within the legal working age and refusing employment or engaging in productive labor without justifiable reasons;
8. Illegal personnel who have made life difficult due to gambling, drug abuse, prostitution and other illegal acts and have not corrected themselves;
9. Other circumstances in which urban and rural subsistence allowances are not allowed according to regulations.
(thirteen) what can be considered that the actual living standard is significantly higher than the local minimum living standard?
1. owns motor vehicles, ships and large agricultural machinery (excluding scooters, disabled scooters and small agricultural machinery);
2. If the per capita financial assets of the family exceed the local minimum living standard by 4 times (including debts such as small poverty alleviation loans and national student loans, as well as rigid expenditures such as serious illness medical care, schooling in ordinary colleges and universities, renovation of dilapidated houses in rural areas, and relocation of Huimin projects), if there is a clear proof, the corresponding deduction will be made; Personal account funds accumulated by paying social insurance premiums and housing provident fund, which cannot be withdrawn according to regulations, are not included in family financial assets).
3 have more than two sets of property housing and the total housing area is more than twice the local housing security standard area;
4. Collectibles with high value;
5 family members have gone abroad to work (including labor export), study or do business;
6 operating enterprises (excluding individual industrial and commercial households or joining farmers' professional cooperatives) or hiring others to engage in various business activities;
7. Arrange children to borrow, choose schools or attend private schools at their own expense;
8. Those who purchase commercial housing, build or purchase non-residential housing, and decorate their houses within one year before applying for urban and rural subsistence allowances or during the period of enjoying urban and rural subsistence allowances, and whose decoration level is significantly higher than the local subsistence allowances (included in the scope of support such as relocation of beneficiary projects, renovation of dilapidated houses in rural areas, post-disaster reconstruction of rural housing, housing projects for the disabled, etc.), and those who build, repair their own houses with government subsidies and social assistance or purchase self-occupied commercial housing shall not be deemed as not meeting the subsistence allowances.
Fourth, the rescue of seriously ill and severely disabled people.
(14) Although the family income of some seriously ill patients is higher than the minimum living standard, the burden of medical expenses is heavy, which leads to difficulties in life. What conditions can meet the minimum living standard?
Due to serious illness (including serious injury) of family members, the personal burden of medical expenses is relatively large, and the actual living standard is lower than the minimum living standard where the household registration is located. Families that meet the following conditions can be included in the minimum living standard:
1. Before the application 12 months, the per capita income of the family was lower than 70% of the per capita disposable income of the local urban (rural) residents in the previous year (for example, in 20 17 years, the per capita disposable income of the urban residents in Yongtai County was 28,562 yuan, and the per capita income of the low-income applicants belonging to urban residents was lower than 1993 yuan, which can be considered.
2. The rigid expenditure of medical expenses (medical expenses borne by individuals after enjoying various medical insurance, commercial insurance and medical assistance reimbursement during the period) exceeds the disposable income of the family, or the disposable income of the family is lower than the local minimum living standard after deducting the rigid expenditure of medical expenses;
3. Family property meets the prescribed conditions, in which the per capita financial assets do not exceed 4 times of the local minimum living standard of last year (for example, the current rural minimum living standard in Anxi County is 5,520 yuan per year, and if three applicants belong to rural residents and the total family financial assets do not exceed 66,240 yuan, they can be regarded as meeting this condition);
4. The serious illness has not healed, and corresponding treatment is still needed.
In addition, the per capita income of poverty-stricken families due to illness is higher than the per capita disposable income of local urban (rural) residents in the previous year by 70% but lower than 100%. If other conditions meet the above requirements, patients with serious illness can be included in the subsistence allowance alone (for example, the per capita income of a family in a town of Yongtai County is between 19993 yuan and 28562 yuan, and other conditions meet the above requirements, then patients with serious illness can be included in the subsistence allowance alone.
(15) What conditions can disabled people enjoy the minimum living allowance?
Adult unemployed persons with severe disabilities who have difficulties in living and depend on their families (whether they are households or not) and meet the following conditions at the same time may be included in the scope of subsistence allowances separately upon application by themselves or their dependents:
1. The disability level is above Grade II;
2. Urban workers without work units, flexible employment and social insurance benefits (flexible employees);
3. Before the application 12 months, the per capita income of the family was lower than 70% of the per capita disposable income of urban (rural) residents in the previous year;
4. Family property meets the prescribed conditions, among which the per capita financial assets shall not exceed 8 times of the local minimum living standard of last year.
In addition, adults with tertiary mental and intellectual disabilities who are unemployed and have other conditions that meet the above requirements can also be separately included in the minimum living allowance.
Verb (abbreviation of verb) minimum living guarantee withdrawal mechanism
(sixteen) the minimum target no longer meets the minimum requirements, whether to withdraw from the minimum immediately?
In order to support the low-income households to get rid of poverty steadily, the current policy in our province stipulates that when the low-income households are regularly reviewed, it is determined that their family economic conditions have reached the conditions for surrender (such as the per capita income has exceeded the minimum living standard), and the security will be extended for 6 months from the next month (except for special circumstances such as death and turning to poor support, and there is evidence that they have illegally entered the insurance from the beginning). During the renewal period, if the minimum living standard is improved and the policy is adjusted to meet the minimum living standard again, the surrender period will be automatically cancelled and turned into normal protection. (1), 20 19 Fujian minimum living standard and application conditions (full text) (2), 20 19 Fujian minimum living application conditions and standards, how much is the minimum living standard (3), 20 19 Fujian minimum living application conditions;
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