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Procedures of Shanghai Municipality on Social Relief
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| (Promulgated by the Shanghai Municipal People's Government on November 4,1996) Article 1ˇ´Purposeˇµ The present Procedures are formulated in the light of the actual conditions of this municipality with a view to ensuring the basic needs of life of the urban and rural residents in this municipality, helping individual persons or families in overcoming the difficulties in their living, maintaining social stability and promoting social progress. Article 2 (Definitionˇµ The term "social relief" refers to the social security system under which government departments and relevant organizations jointly assume the responsibility of offering necessary material assistance to urban and rural residents in this city whose living standards are below the lowest subsistence level. Article 3 (Princip1es of Social Reliefˇµ Social relief work shall be carried out in conformity relief with the princip1es of matching the level of relief with the level of economic construction and social development, of combining social relief with statutory duties of maintenance of aged parents, spouse and underage children and of promoting self-help and self support of the relief recipients. Article 4 (Competent Authorities) The Municipal Civil Affairs Bureau (hereinafter referred to as the "Civil Affairs Bureau" ˇµis in charge of the social relief work in this Municipality. The district (county) civil affairs departments are responsible for the organizing and carrying out of the social relief work in their respective administrative areas. Article 5 (Duties of Relevant Departments) The subdistrict offices and the people's government of townships and towns are responsible for the carrying out the social relief work under the guidance of the district (county) civil affairs departments. The relevant departments of the people's government at all levels in this municipality shall assist the civil affairs department in carrying out the social relief work in accordance with the duties allocated to them. The associations or organizations which are engaged in social relief activities shall assist the civil affairs departments in carrying out social relief work in accordance with the provisions of their articles of association. Article 6ˇ´Duties of Units) Enterprises, institutions, party and government organs, associations, and other types of organizations shall, in compliance with the provisions of the present Procedures, carry out social relief work for their own employees and their dependents. Article 7ˇ´Right to Apply for Social Reliefˇµ Any urban or rural resident whose registered permanent residence is in this municipality and whose or whose family's living standard is below the lowest subsistence level has the right to apply for social relief and obtain material assistance in accordance with the provisions of the present Procedures. Article 8 (Principles for Setting Lowest Subsistence Standard) In determining the lowest subsistence level the following factors shall be taken into account comprehensively: 1.The average actual living standard in society; 2.The cost of maintaining the lowest subsistence; 3.Price indices; and 4.The level of economic development and the fiscal situations. Article 9 (Determination and Adjustment of Lowest Subsistence Level) The lowest subsistence level shall be determined by the Municipal Civil Affairs Bureau in collaboration with other relevant departments on the basis of the disparities between urban and rural areas and between one region and another, and shall be published and put into execution after being approved by the Municipal People 's Government. Necessary adjustment shall be made in time in the lowest subsistence level according to the actual circumstances. Article 10 (Conditions for Application for Soda1Relief) Individual persons or families whose total assets is below a specified amount, who fall under one of the following categories, shall be eligible for the application for social relief: 1.A person who has lost his ability to work, who has no source of income, and who has no statutory obligor to provide maintenance or whose statutory obligor to provide maintenance is unable to support him/her; 2.A person or his/her family member or members has (have) though an income, the average income of his/her family is below the lowest subsistence level. The term "family member or members" in the preceding Section refers to a person or persons who stand (s) in a statutory relationship of maintenance and who live (s) together with the applicant and is/are a member/members of the applicant's family. A person or the head of a household and his/her spouse who are legally stopped from enjoying unemployment insurance because during the time when they enjoy such unemployment insurance they refuse the job recommendation by the labour department without any justifiable reasons, shall be allowed to apply for social relief. Article 11 (Constituents of an Individual Person and His/Her Family Members) The term "income of an individual person and his/her family member (s)" referred to in Section 1(2) of Article 10 of the present Procedures includes the following contents: 1.All kinds of wages, bonuses, subsidies, agricultural and side-line earnings, and other income from work; 2.Inheritance, gifts, and income from bank interest, dividends and bonuses, securities, and royalties; 3.Pension and money for maintenance; and 4.Other income. Article 12 (Fi1ing of App1ication) An individual person or a family that meets the conditions specified in the first Section of Article 10 of the present Procedures and needs social relief may apply for social relief at the subdistrict office or the township or town people's government in the locality of his/her registered permanent residence. Article 13 (Application Format and Contents) An individual person or a family that applies for social relief shall specify in writing the reasons for filing the app1ication, truthfully provide information about himself/herself or his/her family and, when necessary, furnish relevant documentary evidence. Article 14 (Checking Application Contents) The subdistrict office or the township (town ) people's government shall within l0 days after receiving an application for social relief examine and verify the information provided by the applicant and the actual living standards of the individual person or family filing the app1ication. The subdistrict office or the township (town) people's government may also authorize the neighborhood committee or villager's committee in the locality of the applicant's registered permanent residence to conduct examination and verification within the time-limit stipulated in the preceding Section of this Article. Article 15 (Examination and Approval) The subdistrict office or the township (town) people's government shall, within 5days after completing the examination and verification, make a decision on whether to approve the application. If a decision to grant approval is made, the decision shall be submitted to the district (county) civil affairs department for the record. If a decision not to grant approval is made, it shall notify the applicant in writing and state the reason (s) for the decision. Article 16 (Execution of Approval Decision) The subdistrict office or the township (townˇµpeople's government shall provide social relief according to the provisions of the present Procedures to the individual person or family that has been approved as a recipient of social relief, with the exception of cases specified in the second Section of this Article. For an individual person or family that has been approved as a recipient of social relief, if the said individual person or the head of a householder and his/her spouse are employee (s) of an enterprise, an institution, a Party or government organ or a Public organization (hereinafter referred to as "an organization" ) the subdistrict office or the township (town) people's government shall notify in writing the unit concerned of the approval decision, for the latter unit to provide social relief in accordance with the provisions of the present Procedures . Article 17 (Standards for Relief) The standards for social relief shall be determined by the subdistrict office or the township (town) people 's government according to the actual living standards of the individual person or family that receives social relief, and the specific amount shall ensure the individual person or family concerned a living standard that is not lower than the minimum subsistence level. Article 18 (Calculation of Relief Date) The starting date of social relief for an individual person or a family that was been approved as recipient of social relief shall be the very month in which the date of making the approval decision falls. Article 19 (Forms of Relief) Social relief may be provided in cash or kind according to the actual circumstances and the needs of the individual person or the family receiving social relief. Article 20ˇ´Examination and Verification) The subdistrict office or the township (town) people's government shall make regular examination and verification on the changes in income and the actual living standards of the individual person or the family receiving social relief. The individual person or the family that receives social relief shall truthfully make known the income of that person or the family, and submit themselves to the examination and verification checks by the subdistrict office or the township (town) people's government. Article21 (Formalities for Changes) If there have occurred changes in the income of an individual person or a family receiving social relief, the individual person or the family shall voluntarily report the changes to the subdistrict office or the township (town) people's government, and go through the procedures of making alterations. The term "making alterations" referred to in the preceding Section includes any adjustments in the amount of social relief and the termination of the social relief. Article 22 (Formalities for Transfers) If the registered permanent residence of an individual person or a family receiving social relief is changed owing to removal to another place, the individual person or the family shall go through the procedures of having their credentials of social relief transferred to the new locality. Article 23 (Material Help for Low-Income Individual persons or Families) For individual persons or families that are given social relief according to the provisions of the present Procedures because their living standards are below the minimum subsistence level and for individual persons or families whose living standards are above the minimum subsistence level, but who are still in the low-income bracket, the Municipal Civil Affairs Bureau and the district (county) civil affairs department concerned may provide a certain amount of other forms of material assistance according to the level of economic construction and social progress and the fiscal situation of this municipality. Article 24 (Encouraging Self-help and Self-support) While providing social relief to individual persons or families whose living standards are below the minimum subsistence level, the district (county) civil affairs department and the subdistrict office or the township (town) people's government may promote se1f-help and self-support through job re-training or job recommendations so as to improve the conditions of their living. While receiving social relief, the individual persons or families shall not, without justifiable reasons, refuse the opportunities for job re-training or employment offered by the district (county) civil affairs department concerned and the subdistrict office or the township (town) people's government which may help improve their living conditions. Article 25ˇ´Social Relief Fundsˇµ The sources of funds for social relief in this municipality are fiscal appropriations by the people's government at all levels and the own funds of the units. The people's government at all levels shall include the expenditures on social relief in their respective annual fiscal budget. Article 26 (Fund Management) The funds for social relief of the civi1 affairs department of the municipality and of a district (county) shall be managed in a special, separate account and be used for specified purposes only. The use of funds for social relief shall be submitted to the supervision of the finance and auditing departments and the general public. No department, unit, or individual person is allowed to embezzle, divert to another purpose, misappropriate and withhold social relief funds. Article 27 (Social Relief Fund) A social relief fund shall be established in the municipality, which shall be managed by the Municipal Civil Affairs Bureau in accordance with the stipulations of the Municipal People's Government. Article 28ˇ´Soda1Donationˇµ The government appeals to and encourages enterprises, institutions, social groups and individual persons to donate money and goods to support the cause of social relief. Article 29ˇ´Regulation and Guidance of Social Relief Causeˇµ The Municipal Civil Affairs Bureau shall improve its work in guiding and coordinating the efforts of all kinds of social groups or organizations that are engaged in social relief activities in this municipality, and promote the standardized and healthy development of the cause of social relief. Article 30 (Penalties for Staff's Illegal Acts) If a person engaged in social relief work commits any one of the following acts that entails harmful consequences, he/she shall be subjected to administrative penalties by his/her respective department, organization or higher administrative authorities; in a serious case where the wrongful act constitutes a crime, the criminal liability of the offender shall be prosecuted: 1.Abusing one's office, acting wrongfully for selfish ends, and raising or reducing of social relief without authorization; 2.Taking advantage of one's office to embezzle, divert to another purpose, withho1d or delay the delivery of relief money or goods; or 3.Neglecting one's duties so that the normal execution of social relief work is affected. Article 31 (penalties for Illegal Acts of Relief Recipients) For those who obtain relief money and goods by such means of cheating or fraud as reporting untruthfully or concealing the actua1state of affairs or falsifying documentary evidence, and those who fail to go through the procedures of making alterations but continue to receive relief money or goods when changes have occurred to them personally or to their family members in employment' s status, income, etc. during the period when they are entitled to social relief, the subdistrict office or the township (town) people's government shall recover the re1ief money or goods which they have already collected. Article 32 (Reconsideration and Litigation) Those who apply for social relief but fail to receive a rep1y, or those applicants who hold that they meet the prescribed conditions but are not approved as recipients of socia1 relief, may app1y for administrative reconsideration or bring an administrative action in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China" and the "Regulations on Administrative Reconsideration." Article 33 (Interpretation of Application) The Municipa1 Civil Affairs Bureau shall be responsible for interpreting the present Procedures in their application. Article 34 (Date of Implementation) The present Procedures shall become effective on January 1,1997. |
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