Why can't the poor in rural areas get it? How can we ensure the fairness, justice and openness of the minimum living allowance?

Opinions on Implementing the Minimum Living Security System for Rural Residents in Shandong Province

In order to further standardize and improve the rural minimum living security system (hereinafter referred to as the rural minimum living security system), according to the notice of the State Council on establishing the rural minimum living security system in China (Guo Fa [2007]19), the notice of Shandong Provincial People's Government on establishing and improving the rural minimum living security system (Lu [2006]122) and

First, the principle of rural subsistence allowances

(a) the level of security is compatible with the local economic and social development level and financial situation, and the basic life is guaranteed;

(two) the combination of government relief and policy support, social mutual assistance and family security to encourage self-help in production;

(three) territorial management, dynamic management, should be guaranteed;

(4) Openness, fairness, impartiality and public trust.

Two, the determination and adjustment of rural minimum living standard

The rural minimum living standard shall be determined by the civil affairs department at or above the county level in conjunction with the departments of finance, price and statistics, according to the expenses of food, clothing, water, electricity and fuel necessary for local rural residents to maintain their basic livelihood, and shall be reported to the government at the same level for approval and reported to the government at the next higher level for record before promulgation and implementation.

Rural minimum living standards in all parts of the country shall not be lower than the minimum standards stipulated by the provincial government, and shall be adjusted in a timely manner with economic development, price changes of daily necessities and improvement of people's living standards.

The formulation of rural minimum living standard should adopt a scientific method, fully consider the local economic development level and financial affordability, do a good job of connecting with other social security policies and living allowance measures, and properly refer to the security standards of other similar economic development areas. The standards set should be conducive to safeguarding the basic rights and interests of people in difficulty and promoting the employment of low-income objects with working ability.

Third, the determination of rural residents

The rural minimum living standard refers to the rural residents whose annual per capita net income is lower than the local rural minimum living standard due to disability, infirmity, loss of working ability and poor living conditions.

(a) to apply for rural subsistence allowances, the following conditions must be met at the same time:

1. The domicile is in the countryside, and the permanent residence of the domicile is held;

2 * * * The annual per capita net income of family members living together is lower than the rural minimum living standard published by the local government.

* * * Family members who live together refer to members who have a legal relationship of maintenance and support, register together and live together for a long time. Mainly includes:

(1) husband and wife;

(2) Parents, minor children or adult children who have lost their ability to work and their income can't maintain their basic living, and their household registration has moved out of local college students;

(3) grandparents (grandparents) and grandchildren (grandchildren) whose parents died;

(4) Children and parents who have no source of livelihood;

(5) Brothers and sisters whose parents have died, and adult brothers and sisters who have lost their ability to work and whose income is insufficient to maintain their basic living.

(two) in any of the following circumstances, in principle, it shall not be approved to enjoy the rural minimum living allowance, or suspend the relevant procedures:

1. Although the annual per capita net income of families is lower than the local rural minimum living standard, the actual living consumption level is obviously higher than the local rural minimum living standard;

2 after democratic appraisal and publicity, the masses have objections or strong reactions;

3. Failing to provide truthful information about family income, not accepting staff verification or providing false certification materials;

4 in the legal working age, have the ability to work without reason not to engage in productive labor (except students);

5 legal maintenance, support (help) support obligor has the ability to support, support (help) support but fails to fulfill its obligations;

6 due to illegal adoption, gambling, drug abuse, prostitution and other life difficulties have not been corrected;

7. Have and often use high-end consumer goods (specific items or projects are determined by districts and cities); Buying, building or decorating a house at one's own expense for less than 2 years;

8. Other circumstances in which the government at or above the county level cannot enjoy the rural minimum living allowance according to law.

Fourth, rural household income accounting

The household income of rural residents refers to the sum of the net income (including monetary and physical discounts) obtained by family members who live together in agricultural and sideline production and other legitimate labor operations throughout the year.

(1) Principles of income accounting for rural households. The accounting of rural residents' family income is simple and easy, taking the family as the unit. Generally, it is calculated according to the family income of the previous year or the current year when the applicant submits the application. When the annual prosperity is wide and the market price fluctuates greatly, it can be calculated according to the average income of two years.

Family income accounting should be based on the reality of rural production and business activities, be realistic, fair and reasonable, combine quantitative calculation with democratic appraisal, pay attention to the actual living standard of the applicant's family, and fully reflect the seasonal characteristics of agricultural income.

(2) The household income of rural residents mainly includes:

1. Income from planting, breeding, processing and labor services;

2 alimony, foster care, inheritance or acceptance of gifts collected according to law;

3. Income from the transfer of land contracting rights, income from the lease or sale of property, collective dividends and bonuses, savings deposits and interest income, stocks, funds and other securities and their income;

4. Social endowment insurance, pension, commercial endowment insurance, commercial medical insurance, compensation and resettlement fees for land acquisition, subsidies for the later period of reservoir resettlement, direct subsidies for grain, and subsidies for returning farmland to forests and grasslands;

5. Other items recognized by the government at or above the county level that should be included in family income according to law.

(three) when accounting for family income, the following items are not included in family income:

1. Preferential payments, pensions, subsidies, etc. Special care recipients enjoy in accordance with state regulations;

2. Honorary allowance awarded by the government, outstanding party member or outstanding party workers, and model workers at or above the municipal level;

3. The government grants subsidies, temporary relief funds and housing subsidies to the elderly, disabled people, old party member and difficult party member, and the relief funds, scholarships, grants and work-study programs obtained by students during their school days;

4. Subsidies, insurance premiums, nursing expenses, funeral expenses and one-time pensions enjoyed by people who died, were injured or suffered accidental injuries in the line of duty and their families;

5. Family planning family incentive assistance, one-child parents incentive fee;

6. Medical expenses reimbursed by the new rural cooperative medical system and rural medical assistance;

7 social donations for people with special difficulties;

8. Other projects that the government at or above the county level is not included in the family income according to law.

(four) family income is calculated according to the following methods:

1. Income from planting and breeding. According to the differences of family members' labor ability, cost input, annual prosperity and price fluctuation, the net income is calculated according to the facts.

2. Processing income. Can produce a valid business income certificate, according to the income certificate; If there is no proof of income, it shall be calculated according to the provisions of the contract or a fixed price, or according to the amount determined by the tax authorities according to law.

3. Labor income. Can produce a valid proof of wage income, according to the income certificate; If a valid income certificate cannot be produced, it shall be calculated according to the minimum wage standard at the place of work or the per capita income at the place of work.

4 alimony, alimony (alimony) income. If there is an agreement, ruling or judgment, it shall be calculated according to the amount of the agreement, ruling or judgment. If there is no agreement, ruling or judgment, the alimony shall be calculated according to 30% of the remaining part after deducting the local rural minimum living standard from the per capita annual net income of the dependent family. If there are multiple dependents, the calculation shall be consolidated; Fu (Fu) support fee is calculated at 20% of the per capita annual net income of Fu (Fu) support families. If there are more than one supporting person, the supporting fee shall not exceed 40% of the per capita annual net income of the family.

If the actually accepted alimony and alimony are higher than the above provisions, it shall be calculated according to the actually accepted amount. If the supporter and the dependent have the same household registration or the relationship of maintenance, support (raising) and support is the object of subsistence allowances, the maintenance, support (raising) and support expenses that should be paid shall not be calculated. Family members who have not dissolved their relationship through legal procedures shall support each other, support each other (support) and fulfill their obligations in accordance with the provisions of relevant laws and regulations.

5 other income is calculated according to the actual amount or according to the accounting methods and evaluation standards of rural household income formulated by the local government.

Verb (abbreviation of verb) Application, approval and distribution of rural minimum living standard.

Rural subsistence allowances shall be implemented in the operation mechanism of individual application, village (neighborhood) evaluation and recommendation, township (street) audit, county-level civil affairs department approval, three-list publicity and socialized distribution.

(1) County-level civil affairs departments, township governments (hereinafter referred to as townships) and sub-district offices (hereinafter referred to as streets) are the examination and approval authorities for the management of rural subsistence allowances, and are responsible for daily management such as examination and approval. Township (street) set up a leading group for family income accounting and evaluation.

Village (neighborhood) committees are entrusted by towns (streets) to elect and set up a family income accounting evaluation team composed of villagers with broad representation to undertake rural subsistence allowances related services. The list of members of the accounting evaluation team should be posted, and accept the supervision of the village (residents). If the members of the accounting evaluation team and the applicant have lineal relatives, they should withdraw.

(two) to apply for rural subsistence allowances, the head of the household shall apply to the township (street) through the village (neighborhood) Committee where the household registration is located, and may apply directly to the township (street) under special circumstances. The village (neighborhood) committee shall assist the residents who meet the requirements of enjoying the rural minimum living standard and have no capacity for civil conduct to go through the relevant procedures.

The applicant shall, in accordance with the requirements of the administrative examination and approval authority, truthfully provide the household registration book, identity card and proof of the income status of family members.

(3) The village (neighborhood) committee shall complete the following work within 15 days from the date of receiving the written application from the applicant:

1. Family income verification. Organize a family income accounting evaluation team to investigate and verify the applicant's family status.

2. Democratic appraisal. The applicant's family investigation and verification shall be truthfully submitted to the village (neighborhood) people's representative meeting for democratic appraisal, focusing on family income, family property, working conditions and actual living standards. And inform the applicant of the appraisal opinions in time to ensure objectivity, fairness and impartiality.

3. publicity. The applicant's name, home address, family income and democratic appraisal opinions shall be posted for not less than 5 days.

4. Report. Report all applicants' applications, villagers' (residents') democratic appraisal opinions and relevant certificates to the township (street) for review.

(four) the township (street) shall complete the following work within 20 working days from the date of receiving the materials submitted by the village (neighborhood) committees:

1. Review. Send staff to verify and identify the applicant's family income one by one, and put forward audit opinions based on the evaluation results of the village (neighborhood).

2. publicity. The audit opinions of each applicant will be posted in the village (neighborhood) for a period of not less than 5 days.

3. Fill in the form. After publicity, the masses have no objection and think that they meet the conditions of enjoying rural subsistence allowances, and the applicant shall fill out the "Application and Approval Form for Rural Subsistence Allowance". If the masses have objections, they should review them.

4. Report. After signing the audit opinion, the application form for rural minimum living allowance will be submitted to the civil affairs department at the county level for approval together with relevant supporting materials.

(five) the civil affairs department at the county level shall complete the following work within 20 working days from the date of receiving the materials submitted by the township (street):

1. Review. Strictly review the applicant's family reported by the township (street) and conduct spot checks according to a certain proportion. If necessary, you can cooperate with relevant departments to understand the applicant's family income.

2. recognition. After examination, in line with the conditions of enjoying rural subsistence allowances, the examination and approval opinions shall be signed to clarify the amount of subsidies; If it does not meet the requirements after examination, it shall sign an opinion of disapproval.

3. Publicity and notification. After the examination and approval by the civil affairs department at the county level, the township (street) entrusts the village (neighborhood) committee to publicize the family situation, examination and approval opinions, the amount of subsidies to be issued, and the telephone number of the administrative examination and approval authority. The posting period is not less than 5 days. For an application that is not approved, the civil affairs department at the county level shall entrust the township (street) to inform the applicant in writing and explain the reasons. If the applicant raises an objection, the civil affairs department at the county level shall conduct a review.

4. Issue certificates. Publicity without objection, the issuance of "Shandong Province Rural Minimum Living Security Certificate" (hereinafter referred to as "minimum living security"), from the date of approval next month to enjoy the treatment of rural minimum living security.

(6) Conditional places can set up public affairs columns in county-level civil affairs departments or towns (streets), or regularly publicize the list of family members who enjoy rural subsistence allowances through other forms, and accept supervision from all walks of life.

(seven) in the process of the administrative examination and approval authorities to investigate and verify the family income of rural residents, the village (neighborhood) committees and other organizations and individuals shall actively cooperate and provide relevant information truthfully.

(eight) the implementation of social distribution of rural subsistence allowances. According to the difference between the per capita net income of the applicant's family and the guarantee standard, the county-level financial department will allocate funds from the county-level social security financial account to the designated financial outlets quarterly or monthly according to the distribution list and the determined subsidy amount proposed by the civil affairs department at the same level, and directly distribute them to households through the financial subsidy for supporting agriculture.

Six, the rural minimum living security fund raising, management and supervision

(a) to raise funds for rural subsistence allowances. The raising of rural subsistence allowances follows the principle of multi-party raising and grading burden. All levels should further adjust the expenditure structure and continuously increase financial input. The funds needed for rural subsistence allowances should be included in the financial budgets at all levels in accordance with the sharing ratio to ensure the needs of rural subsistence allowances. Provincial subsidy funds are subsidized by classified subsidies. According to the local economic development level and financial situation, subsidies are given according to different situations, and they are inclined to economically difficult areas.

Governments at all levels should encourage and guide enterprises, social organizations and individuals to provide donations and subsidies for rural subsistence allowances and improve the lives of rural subsistence allowances.

(two) the management and supervision of rural subsistence allowances. All the rural subsistence allowances raised at all levels are managed in special accounts and earmarked for special purposes. The collection, management and use of rural subsistence allowances should be published regularly and accepted by the masses and society. Finance, civil affairs and other departments at all levels should regularly or irregularly check the use of funds, and correct problems in time when found. At the same time, we should actively explore the establishment of a performance appraisal system for rural subsistence allowances to improve work efficiency.

Seven, work management

The rural minimum living standard is managed by "government-led, civil administration, departmental cooperation and social participation". Civil affairs departments at all levels are responsible for the organization and implementation of the rural subsistence allowances system, formulate and improve the working system, and ensure the standardized operation of rural subsistence allowances; The financial department is responsible for the implementation of rural subsistence allowances, the management and supervision of rural subsistence allowances, and the timely and full payment of subsistence allowances; Other relevant departments and units shall, in accordance with the division of responsibilities, cooperate with the civil affairs departments to do relevant work; Relevant social organizations should actively participate in rural subsistence allowances and promote the implementation of rural subsistence allowances system.

Governments at all levels should strengthen the construction of rural subsistence allowances, make overall consideration of rural subsistence allowances, scientifically integrate county and township management institutions and human resources, rationally adjust the responsibilities of township social affairs offices, strengthen work forces, establish and improve rural subsistence allowances management service networks, and ensure the normal development of rural subsistence allowances. Towns (streets) should be equipped with full-time rural residents, and village (neighborhood) committees should make clear the targets of rural residents.

Financial departments at all levels shall, according to the needs of rural subsistence allowances, arrange necessary working funds for the printing of subsistence allowances, the development, application and construction of information systems and the training of staff.

The examination and approval authority for the management of rural subsistence allowances shall establish and improve the following management systems:

(1) file management system. County-level civil affairs departments and towns (streets) should establish the minimum living security object files, so that one household has one file, complete materials and standardized management. The rural subsistence allowances file includes the application approval form, family income certificate, household registration book and a copy of ID card.

(2) Dynamic management system. The administrative examination and approval authority shall accept the application for subsistence allowances at any time, and timely include eligible families in the scope of protection. Can be alone or in conjunction with the relevant departments, once every six months or a year to conduct a regular review, and according to the changes in the economic situation of the low-income families and the increase or decrease of personnel, timely handle the procedures for stopping hair, issuing additional hair or reducing hair allowances.

(3) Certificate management system. The "low guarantee" is a valid certificate to enjoy the rural subsistence allowances and related relief policies, and it is issued under the unified supervision of the Provincial Civil Affairs Department. All localities should strengthen the management of certificates, so as to achieve one certificate for each household. To approve the enjoyment of subsistence allowances, timely issue the "low guarantee" and report to the municipal civil affairs department for the record; Cancel the subsistence allowance, by the township (street) staff to recover the "low guarantee" and report to the county civil affairs department for cancellation. It is strictly prohibited to spamming, lending, forging, altering, or buying or selling the subsistence allowance.

(4) Information management system. The Provincial Civil Affairs Department is responsible for the development and upgrading, management and maintenance, database construction and technical personnel training of the rural minimum living security information management system in the province. City, county civil affairs departments and towns (streets) are equipped with computers and other equipment to implement information and real-name management of rural subsistence allowances, and gradually realize the sharing of information resources with the financial sector, and constantly improve the management level.

Eight, job evaluation

Governments at all levels conduct annual target assessment of rural subsistence allowances, and report the assessment results at the end of each year. The evaluation contents include:

(1) system construction. Establish and improve the working mechanism system, introduce the implementation measures (rules) of rural subsistence allowances, subsistence allowances management measures and household income accounting measures, and gradually form a relatively complete system of policies and regulations.

(2) Insurance coverage. All eligible families with difficulties will be included in the scope of rural subsistence allowances, and with the development of local economy and the improvement of people's living standards, the security standards and subsidy levels will be gradually improved.

(3) funding arrangements. The financial departments at all levels shall, according to the payment plan provided by the civil affairs department, prepare the rural minimum living allowance budget, ensure timely and full payment, rationally allocate and use the provincial rural minimum living allowance funds, strengthen fund management, and improve the efficiency of use.

(4) Standardize management. Continuously strengthen staff training, standardize the application, accounting, evaluation, review, approval, review, publicity and distribution of rural minimum living security, so as to achieve standardized procedures and sunny operation.

(5) Work innovation. In terms of improving the rural minimum living security system, implementing the minimum living security funds, realizing all-round coverage, and strengthening organizational construction, we have continuously increased our efforts, achieved remarkable results, and constantly introduced new practices and experiences.

Nine. Work supervision

(a) the municipal and county civil affairs departments and the township (street) and village (neighborhood) committees shall make full use of the news media, public affairs columns, publicity columns and other forms to strengthen the publicity of rural minimum living security policies, announce the minimum living security policies, minimum living security standards, procedures and minimum living security funds, and accept social supervision.

(two) civil affairs departments at all levels, financial departments and towns (streets) to set up and open telephone consultation and supervision, to accept public consultation, complaints and reports.

(three) rural subsistence allowances staff have one of the following acts, depending on the circumstances to give criticism and education or administrative sanctions; If the circumstances are serious, it shall be handed over to the relevant departments for handling.

1. Failing to go through the formalities of declaration and examination and approval in time for those who meet the conditions of enjoying the rural minimum living allowance;

2. Deliberately handling the declaration and examination and approval procedures for those who do not meet the rural minimum living conditions;

3 dereliction of duty, favoritism, abuse of power, be kind to relatives and friends.

Misappropriation, misappropriation, interception of subsistence allowances, in accordance with the relevant provisions of the "Regulations on penalties and sanctions for financial violations in People's Republic of China (PRC)". Misappropriation of subsistence allowances, which constitutes a crime, shall be investigated for criminal responsibility according to law.

(four) in any of the following circumstances, the civil affairs departments at the county level shall give criticism and education and recover the subsistence allowances that have been issued; If the circumstances are serious, it shall be handed over to the relevant departments for handling.

1. defrauding rural subsistence allowances by means of false reporting, concealment or forgery;

2. The family's economic situation has improved or the number of family members has decreased, and the management examination and approval authority has not been informed in time as required;

3 lent, forged, altered, buying and selling subsistence allowances.

(five) the relevant organizations and individuals deliberately issued false certificates to help cheat rural subsistence allowances, depending on the circumstances to give criticism and education or administrative sanctions.

(six) the applicant refuses to accept the decision made by the civil affairs department at the county level not to approve, reduce or stop the rural minimum living allowance or the administrative punishment, and may apply for administrative reconsideration according to law; If you are still dissatisfied with the reconsideration decision, you may bring an administrative lawsuit according to law.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.