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Order of the Shenzhen Municipal People' s Government
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(No.
117) |
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Measures of the
Shenzhen Municipality on the Relief Allowancse to the Disabled
with Special Difficulties was deliberated and adopted at the
56th Executive Meeting of the Third Session of the
Municipal Government, is now promulgated and shall take effect
as of August 30, 2002. |
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Yu Youjun |
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Mayor |
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July 22, 2002 |
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Measures of the Shenzhen Municipality on the Relief
Allowances to the Disabled with Special Difficulties
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Article 1 In order to
strengthen the administration of the relief allowances to the
disabled with difficulties
and truly help the disabled solve
their real difficulties, these measures are hereby formulated. |
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Article 2 These
measures shall apply to the application, examination and
approval, dispensation and administration
of the relief
allowances of the Shenzhen Municipality to the disabled with
special difficulties. |
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The relief allowances to the disabled with special
difficulties referred to in these measures shall include the
fixed-term allowances for the difficulties of severely disabled
persons, medical recovery allowances
for the disabled who fall
into the household of special difficulty in terms of the minimum
living
security of urban and rural residents, allowances for the
temporary difficulties such as unexpected accidents,
hospitalization for sudden suffering from a serious illness,
etc., and allowances for the tuition
and miscellaneous expenses
of registered disabled students. |
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Article 3 A
severely disabled person who is a registered permanent resident
of this city and holds a certificate
of the disabled may apply
for the fixed-term allowance for difficulties once every year,
the allowance
standard shall be 100 RMB per mensem per capita. |
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Article 4 A
disabled person who is a registered permanent resident of this
city, enjoys the minimum living
security of urban and rural
residents, and holds a certificate of the disabled may apply for
the
medical recovery allowance once every half year, the
allowance standard shall be 100 RMN per mensem per capita. |
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Article 5 A
disabled person who is a registered permanent resident of this
city and holds a certificate of
the disabled may apply for the
lump-sum allowance for temporary difficulties if the following
difficult
situations of living take place: |
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(1)
being unable to afford the tuition and miscellaneous
expenses when the children go to middle, elementary schools
or
special education schools; |
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(2)
being unable to afford the expenses of installation of
artificial limbs, orthopedic devices, and mutilation surgery,
etc.; |
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(3)
there is a temporary difficulty in housing; |
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(4)
there is a difficulty for a family to make ends meet
because of hospitalization for sudden serious illness or rare
disease, long-time
hospitalization of a mentally serious disabled person, etc.; |
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(5)
after unexpected serious accidents such as fire, flood,
traffic accident, collapse of a house, etc. take place, the
family has difficulties to maintain its living. |
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The
standard of the allowances for difficulties referred to in Item
(1) to Item (3) |
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of
the preceding section shall be 1,000 RMB and may be up to 3,000
RMB for a particular person with
extraordinary difficulties; the
standard of the allowance for temporary difficulties referred to
in Item (4) shall be 2,000 RMB and may be up to 3,000 RMB for a
particular person with extraordinary difficulties;
the standard
of the allowance for temporary difficulties referred to in Item
(5) shall be 3,000
RMB. |
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Article 6 If a
disabled student of this city who has passed the exams for
higher education or adult higher
education and been admitted to
a college or university has difficulties to pay the tuition and
miscellaneous expenses, an application may be filed for the
allowances for the tuition and miscellaneous expenses
in the
years of study at a college or university, the allowance
standard shall be 3,000 RMB per
school year for college for
professional training, 4,000 RMB per school year for college or
university,
5,000 RMB per school year for graduate school. |
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Article 7 A
disabled person who meets the requirements prescribed in Article
3 to Article 6 or the person'
s relatives shall bring the
household register of permanent residence in this city and the
certificate
of the disabled to the neighborhood office or
township people' s government of the place of the disabled
person' s registered permanent residence, file a written
application, fill out the application forms of
the relief
allowance to the disabled with special difficulties, and submit
the related certification
materials. |
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Article 8 A
neighborhood office or township people' s government shall
verify the application and certification
materials submitted by
an applicant in 7 business days and give a signed verification
opinion to
a district department of civil administration for
examination and approval. The district department of civil
administration shall make a decision in 5 business days on
whether to approve the application or not. |
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In case of approval in the decision, the allowance
standard shall be determined, 4 copies of the written decision
shall be made available and sent to the municipal federation of
the disabled, the district department
of finance, the
neighborhood office of the place where the applicant is living
or the township
people' s government, and the applicant. |
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In case of not approval in the decision, a written notice
shall be sent to the applicant and an explanation shall
be made
as well. |
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The authority of a district department of civil
administration to examine and approve an application for the
relief allowance to the disabled with special difficulties may
be delegated to this district' s federation
of the disabled,
but the district department of civil administration shall be
responsible for the
supervision of the acts of the examination
and approval which has been delegated, and bear the legal
responsibility for the consequences of the acts of the
examination and approval. |
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Article 9 The
various district federations of the disabled shall be
responsible for timely dispensation of
the approved allowances
to the disabled with special difficulties to applicants. The
fixed-term
allowances for severely disabled persons shall be
dispenses on the monthly basis, the medical recovery allowances
for the disabled of a household with special difficulties
falling into those of the minimum living
security of urban and
rural residents shall be dispensed on the quarterly basis, the
allowances
for temporary difficulties and the allowances for the
tuition and miscellaneous expenses of registered disabled
students at colleges or universities shall be dispensed in 10
business days from the date of approval
of the applications. |
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Article 10 Taking
the allowances to the disabled with special difficulties shall
be done by applicants themselves
after signing receipts. If
there is a special situation that an applicant cannot come over
to take
the allowance, the federation of the disabled of the
district where this disable person is a resident shall bring
the
allowance to the applicant on time and have the receipt signed;
if there is a special situation
that a disabled person cannot
sign a receipt and it has to be done by an agent instead, a copy
of the agent' s ID certificate shall be attached and remarks
shall be added to explain the situation. |
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Article 11 The
funds of the relief allowances to the disabled with special
difficulties shall come out of
the financial expenditure of
two-level governments, i.e., the municipal and district
governments,
each of them shall provide 50% of the funds and
bring such payments into the two-level budgetary arrangements of
the same year for the municipal, district finaces. |
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At the beginning of every year, the various district
federations of the disabled shall make the budgets for the funds
and report them to the municipal federation of the disabled,
district department of civil administration
and district
department of finance. The municipal department of finance shall
make a budget for
the funds of the city-wide relief allowances
to the disabled with special difficulties according to the name
lists and amount of money put together by the municipal
federation of the disabled and verified by
the municipal
department of civil administration, appropriate the funds
provided by the municipal
finances to the various district
departments of finance, and the various district departments of
finance shall re-appropriate the funds to the district
federations of the disabled. At the end of a year, the
various
district federations of the disabled shall make the reports of
final accounts of the funds
of the relief allowance to the
disabled with special difficulties to the municipal federation
of
the disabled and the district departments of finance, the
copies of the receipts signed by the disabled who received
the
allowances shall be attached, the district departments of
finance shall be responsible for
verification by comparing the
reports with the decisions of the examination and approval on
file.
The amount of the dispensed allowances which have not been
examined and placed on file by a district department
of finance
shall be verified and deducted from the next year' s funds of
the allowances to the
disabled with special difficulties, and a
written report shall be submitted to the municipal department of
finance. The municipal federation of the disabled shall make a
year-end report of collected final accounts
to the municipal
department of finance every year. |
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One year' s surplus of the funds of the relief
allowances to the disabled with special difficulties may be
carried over to the next year, but the total amount of the
budget shall not be exceeded in principle. |
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Article 12 A
public summon system shall be put in practice for the
disposition of the relief allowances to
the disabled with
special difficulties. Every year the municipal, district
federations of the disabled
shall post in the various villager
(resident) committees the name list of the recipients of the
year who have taken the relief allowances to the disabled with
special difficulties, their specific difficulties,
amount of the
relief allowances, etc., and accept the masses' supervision. |
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Any unit or individual believing that a recipient of the
relief allowance to the disabled with special difficulties
does
not meet the legal requirements for taking the allowance may
make an objection at a district
department of civil
administration. The district department of civil administration
shall complete
verification in 20 business days from the date of
receiving the objection, if the facts are verified, correction
shall be made; the allowance which has been taken shall be
recovered. |
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Article 13 If
a person undertaking the administration of the relief allowances
to the disabled with special
difficulties or other related
persons has taken one of the following acts, the unit,
department
which these persons are affiliated with or the office
at a higher level shall impose disciplinary sanctions according
to law; if a crime has been constituted, the criminal
responsibility shall be ascertained according
to law: |
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(1)
examining and approving in violation of the legal
requirements and procedures; |
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(2)
issuing false certificates and materials for an
applicant; |
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(3)
neglecting duties, practicing favoritism and engaging in
irregularities or embezzling, misappropriating, withholding,
defaulting the relief allowances to the disabled with special
difficulties. |
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Article 14 If
an applicant has refused to accept either the decision of a
district |
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department
of civil administration on not approving of the relief allowance
to the disabled with
special difficulties or the standard for
the allowance approved in a decision, an application for
administrative review may be filed according to law; in case of
refusal of an administrative review, an administrative
action
may be taken according to law. |
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Article 15 The
municipal government may make adjustments to the allowance
standards prescribed by these measures
in accordance with the
social and economic developments and also the changes in the
special difficulties
of the disabled. |
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Article 16 These
measures shall take effect as of August 30, 2002. |
