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What is the Corps’ minimum living allowance?
Notice of the General Office of the Xinjiang Production and Construction Corps on the issuance of the "Interim Measures for the Implementation of the Xinjiang Production and Construction Corps
Urban Residents' Minimum Living Security System for Agricultural and Animal Husbandry Corps Farms"
(New Army Banfa [2000] No. 81)
All divisions (bureaus), colleges (schools), all departments of the Corps, and all directly affiliated institutions:
The "Xinjiang Production and Construction The Interim Measures for the Implementation of the Agricultural and Animal Husbandry Corps Farms and Minimum Living Security System for Urban Residents of the XPCC are issued to you, please comply with them.
General Office of Xinjiang Production and Construction Corps
August 22, 2000
Minimum Living Standards for Urban Residents of Xinjiang Production and Construction Corps
Interim Measures for the Implementation of the Agricultural and Animal Husbandry Group Farms of the Security System
According to the "Notice of the State Council on Establishing a Minimum Living Security System for Urban Residents Nationwide" (Guofa [1997] No. 29) and the "Minimum Living Security System for Urban Residents" promulgated by the State Council "Regulations on Living Security", the Ministry of Civil Affairs' "Notice on Deeply Implementing the "Regulations on Minimum Living Security for Urban Residents" and Further Standardizing and Improving the Minimum Living Security System for Urban Residents" and "On Issuing the Implementation Rules for the Xinjiang Production and Construction Corps' Minimum Living Security System for Urban Residents (Trial) )> Notice" (Xinbingfa [1999] No. 80), combined with the actual situation of the Corps' agricultural and animal husbandry farms, these interim implementation measures are specially formulated.
1. Principles for establishing a minimum living security system for urban residents
(1) Principles of national security. The Corps' implementation of urban minimum living security for residents of agricultural and animal husbandry farms is a social security system that represents the state's provision of necessary assistance to residents whose living standards are lower than the minimum living security standard to ensure their basic living needs.
(2) Principle of social security. While the state provides guarantees, all units should actively organize and implement various poverty alleviation activities and take practical measures to gradually lift poor residents out of poverty.
(3) The principle of not raising lazy people. All persons with the ability to work should actively participate in production and operation activities to the best of their ability. Those who violate family planning and have more than one child, are lazy and idle, are afraid of hardship and do not participate in production and management and other labors, have weddings and funerals, and do not plan their lives and other reasons that cause family poverty are not included in the scope of protection.
(4) The principle of ensuring residents’ basic life. At this stage, the minimum living security guarantee can only guarantee the minimum needs of poor residents, so that they have food to eat, clothing to wear, and a house to live in, without going hungry or freezing.
(5) The principles of seeking truth from facts, openness and fairness. It is necessary to insist on the implementation of the minimum living security guarantee for urban residents in agricultural and animal husbandry farms, openness of residents' applications, openness of investigation and verification, openness of the amount of subsidy for the guarantee recipients, publicity of the list in the unit where they work, and implementation of mass supervision to ensure the correct implementation of this system.
2. Minimum living security standards for urban residents
The minimum living security standards for urban residents in agricultural and animal husbandry groups shall be implemented in accordance with the latest security standards stipulated by the county and city where the agricultural and animal husbandry groups are located. Each unit shall not Raising or lowering security standards without authorization.
3. Duration of the Minimum Living Security System for Urban Residents
The minimum living security system for urban residents in agricultural and animal husbandry groups has been officially implemented since January 1, 2000.
IV. Determination of Urban Residents’ Minimum Living Security Targets
Residents who hold a Corps Agricultural and Animal Husbandry Farm Household Registration and whose per capita income is within the local minimum living security standards should be included as urban residents Minimum living security coverage. However, taking into account the actual situation of the Corps, the Corps decided to follow the steps of "step-by-step implementation, focus first, then general, and gradually implement". At present, residents who meet one of the following conditions are included in the coverage of insurance:
(1) Residents who have no source of livelihood, no ability to work, and no legal caregiver, supporter or supporter;
< p>(2) The per capita household income of residents of agricultural and animal husbandry farm agencies and individual institutions (excluding companies directly engaged in agricultural production) is lower than the local minimum living standard;(3) The civil affairs department’s original Special relief objects under management and social relief provided by other laws and regulations.
5. Determining scope of household income of minimum living security recipients
The household income of the recipients of minimum living security refers to the monetary income and in-kind income of family members living with the recipient ***, including statutory The alimony, maintenance fees or maintenance fees that should be paid by the caregiver, supporter or supporter do not include the pensions and subsidies that the preferential care recipients enjoy in accordance with state regulations.
(1) All kinds of wages, funds, allowances, price subsidies and other income;
(2) All income from employees without fixed occupations and from (other) professional work ;
(3) Income from scholarships, living allowances and other income received by family members studying in technical schools, colleges (secondary) colleges or working as apprentices;
(4) Accepting support from relatives in accordance with the law , alimony and inheritance, etc.;
(5) Relief funds received by social relief recipients;
(6) Donations accepted;
(7) Employees Living allowance for survivors;
(8) Savings deposits, securities, interest and insurance claims of family members;
(9) Income from planting, breeding, etc.
6. Application and approval procedures for minimum living security benefits
(1) To apply for the minimum living security benefits for urban residents, the head of the household shall apply to the civil affairs department of the unit where he/she is located (without approval from the civil affairs department) Submit a written application to the designated responsible department of the unit where you work, provide relevant certification materials, and fill in the "Application Form for Minimum Living Security Fund for Urban Residents of the Corps System". After preliminary review by the unit's Urban Resident Minimum Living Security Leading Group, it will be reported to the Civil Affairs Department of the division (bureau) for review and approval, and the "Xinjiang Production and Construction Corps Urban Residents Minimum Living Security Fund Receipt Certificate" will be issued and reported to the Civil Affairs Bureau of the Corps for record.
(2) Before and after the determination of the income of the family of the person applying for the minimum living security fund and the approval of the minimum living security fund, the unit where they work must publish it and accept public supervision.
(3) In order to approve the minimum living security benefits for urban residents, the management and approval department or unit may conduct household surveys, neighborhood visits, and letter requests to assess the applicant’s family status and actual living standards. Conduct investigation and verification. Applicants and relevant units, organizations or individuals should accept investigation and truthfully provide relevant information.
7. Payment of Minimum Living Security Fund to Urban Residents
Minimum Living Security Fund is divided into full minimum living security fund and differential minimum living security fund. All units shall approve households that meet the conditions for urban residents' minimum living security benefits to enjoy urban residents' minimum living security benefits based on the following circumstances: (1) Minimum living security deposits for "three noes" objects The local minimum living security standard shall be paid in full;
(2) For other minimum living security recipients with a certain income, the minimum living security shall be paid based on the difference between the per capita family income and the local minimum living security standard. Calculation formula of monthly minimum living security allowance for family:
Amount of monthly minimum living security allowance for family = monthly minimum living security standard per person × number of family members - total monthly household income
The difference of minimum living security allowance The recipients of security funds do not include those engaged in agricultural production.
8. Issues related to the calculation of the family income of the guarantee targets
(1) The income of the families of the guarantee targets within the national legal working age is determined in accordance with the "Minimum Living Security for Urban Residents of the Xinjiang Production and Construction Corps" The provisions of Article 2 of the Supplementary Provisions of the System Implementation Rules (Trial) shall be implemented.
(2) For those who have one of the following circumstances and whose family life is particularly difficult, a differential production security fund of 90% of the minimum living security standard can be paid to them:
1 , Disabled revolutionary servicemen of Class A and above;
2. Intellectual disabilities, physical disabilities of Class 2 (moderate) and above, and mentally disabled people;
3. Loss of work due to work-related injuries Capable people and those who are bedridden with long-term serious illness;
4. Adults, no source of livelihood, no ability to work, although there is a legal obligor for support, support or support, but there is no legal obligor for support, support or support. , support or support persons.
(3) If family members (including the applicant’s parents, spouse, and children) have separate household registrations, their actual economic income should be calculated separately when determining their actual economic income.
(4) Calculation of alimony: All children who have established a family and live independently or who have not established a family but are working shall bear the support obligations of their parents. Calculation method: If the monthly per capita income of the child's family is lower than the local minimum wage standard for the year, the alimony income due to the parents does not need to be calculated; if the monthly per capita income of the child's family is higher than the local minimum wage standard for the year, the alimony income due to the parents will be calculated. The calculation formula is:
Alimony for each child = (total income of the child's family - local minimum wage standard for the year × family size) × 50%
If there is a People's Court ruling , determined according to the award.
(5) Calculation of child support: If the monthly per capita income of the family of the support obligor is lower than the local minimum wage standard, the support income due to the children does not need to be calculated; the monthly per capita income of the family of the support obligor is higher If it is based on the local minimum wage standard for the current year, the child support income due will be calculated. Maintenance payments can generally be calculated at a ratio of 20% to 30% of the total monthly income of the support obligor. If there are more than two children, the proportion may be increased appropriately, but generally not exceed 50% of the total monthly income; the support obligor has no fixed income. , the amount of child support can be determined based on the total income of the year or the average income of the industry, with reference to the above ratio.
If there is a ruling from the People's Court, it shall be determined according to the ruling.
(6) Calculation formula of monthly household per capita income:
Family monthly per capita income = total monthly household income listed in Article 5 of this notice ÷ family population
< p>9. Punishment(1) If a person engaged in the management and approval of urban residents’ minimum living security guarantee commits any of the following acts, he or she shall be criticized and educated and given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. :
1. Refusal to sign consent for families that meet the conditions for urban residents’ minimum living security benefits, or deliberately sign consent for families that do not meet the conditions for urban residents’ minimum living security benefits;
2. Neglecting duties, engaging in malpractice for personal gain, or embezzling, misappropriating, withholding, or defaulting on the minimum living allowance for urban residents.
(2) If an urban resident who enjoys the minimum living security treatment for urban residents commits any of the following acts, the relevant departments will give him criticism, education or a warning, and the money and property he or she falsely received from the minimum living security for urban residents will be recovered ; If the circumstances are serious, a fine of not less than 1 time but not more than 3 times of the amount falsely claimed will be imposed:
1. Using false reporting, concealment, forgery and other means to defraud the urban residents of the minimum living security treatment;
2. The family income situation improves while enjoying the minimum living security benefits for urban residents, but fails to notify the management and approval authority as required and continues to enjoy the minimum living security benefits for urban residents.
10. The review and final accounts of the minimum living allowance, management and supervision, work structure and organizational leadership, division of work functions and filing work, as well as necessary work funds, refer to the "About the Issuance of "Xinjiang Production" The spirit of the "Notice on the Implementation Rules of the Minimum Living Security System for Urban Residents of the Construction Corps (Trial Implementation)" (Xinbingfa [1999] No. 80), the "Supplementary Provisions on the Implementation Rules of the Minimum Living Security System for Urban Residents of the Xinjiang Production and Construction Corps (Trial Implementation)" and other relevant documents Implementation
11. Supplementary Provisions
(1) The Civil Affairs Bureau of Xinjiang Production and Construction Corps is responsible for the interpretation of these interim measures;
(2) Each division (bureau) ) can refer to this interim implementation measure and formulate the operating procedures of the division (bureau) based on actual conditions;
(3) This interim implementation measure will be officially implemented from January 2000.
Issuing department: other institutions in the Xinjiang Autonomous Region. Release date: August 22, 2000. Implementation date: January 1, 2000 (local regulations)
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