深圳市城乡居民最低生活保障办法 Measures of Shenzhen Municipality on the Minimum Living Guarantee of Urban and Rural

uaranteed persons who are receiving the compulsory education, the department of education shall reduce or remit the tuition and incidental expenses; For the guaranteed persons who have reached the legal working age and have work ability, the labor department shall preferentially recommend them to get jobs under the same conditions; The department of health and housing shall give necessary consideration to the guaranteed persons in the aspects of medical treatment, housing and so on.

　　Article 16 The period for the guaranteed persons to enjoy the treatment of minimum living guarantee shall be 6 months, which shall be calculated from the month when the application is approved; For the guaranteed persons having no source of income, no work ability, and no legal supporter, alimentor or maintainer, the period for them to enjoy the minimum living guarantee shall be calculated from the month when the application is approved to the date when the conditions for them to enjoy the treatment disappear.

　　If the period for a guaranteed person to enjoy the treatment expires, while he still needs to obtain the minimum living guarantee, he shall reapply within 30 days before the period expires. If the application is approved, the minimum living guarantee money shall be continuously dealt out to him.

　　Article 17 The minimum living guarantee money of residents shall be dealt out by the subdistrict office (people’s government of town) every month according to provisions.

　　The guaranteed persons shall hold the Drawing Certificate, identification card and residence booklet to draw the guarantee money at the subdistrict office (people’s government of town) at the prescribed date; For the guaranteed persons having no source of income, no work ability, and no legal supporter, alimentor or maintainer, the subdistrict (people’s government of town) that they belongs to shall deal out the guarantee money to themselves.

　　Article 18 When a guaranteed person enjoys the treatment of minimum living guarantee, he shall perform the following obligations:

　　(1) if capita income of his family change, he shall inform the

subdistrict (people’s government of town) in time through the urban residents’ (villagers’) committee and go through the formalities of adjusting the amount of guarantee money or suspending dealing out the guarantee money;

　　(2) if his registered permanent residence moves within the administrative area of this Municipality, he shall go through the formalities of drawing and transferring of the guarantee money at the district civil department where the original registered permanent residence is located;

　　(3) if he has reached the legal working age and has the work ability, he shall actively get job, participate in the career training held by the labor department and receive the employment recommended by relevant departments;

　　(4) if he has reached the legal working age and have the work ability, but fail to obtain employment after being recommended by relevant departments, he shall participate in the public welfare labor organized by the subdistrict office (people’s government of town) or the urban residents (villager’s) committee that he belongs to.

　　Article 19 The civil department, subdistrict office (people’s government of town) and urban residents’ (villagers’) committee shall exercise dynamic administration to the guaranteed person, and go through the formalities of decreasing or increasing the minimum living guarantee money or suspending enjoying the treatment of minimum living guarantee in time according to the variation in the circumstances of the guaranteed person.

　　Article 20 The subdistrict office (people’s government of town) shall take proper forms to post the name list of the guaranteed person whose families as units enjoy the treatment of minimum living guarantee as a unit for public attention at the urban residents’ (villagers’) committees that they belong to, so as to receive the supervision of the mass.

　　Any unit or individual who believes that a certain guarantee person doesn’t accord with the legal conditions, has the right to give an objection to the subdistrict office (people’s government of town) or civil department. The civil department shall complete the examination and verification within 20 working days from the date on which the objection is received. If the objection is tenable, the civil department shall make a correction.

　　Article 21 If a guaranteed person enjoying the treatment of minimum living guarantee violate the provisions of these rules, the district civil department shall punish him according to the following provisions:

　　(1) if he obtains the approval and draw the minimum living guarantee money by playing tricks, concealing, forging and so on, he shall be warned, recover the guarantee money that he has already drawn; If the circumstances are absolutely vile, he shall be fined more than 2 times but less than 5 times of the amount of money that he has already drawn;

　　(2) if he fails to perform the obligations provided in Article 18 of these rules, he shall be warned, and the minimum living guarantee money shall be suspended dealing out.

　　Article 22 If a staff member engaging in the administrative work of minimum living guarantee of residents or other relevant person conducts one of the following acts, the unit or department that he belongs to or the superior department shall criticize and educate him, and give an administrative punishment to him according to law; If the case constitutes a crime, he shall be investigated for criminal responsibilities according to law:

　　(1) violating legal provisions of conditions to examine and approve;

　　(2) issuing false certificates or materials to the persons guaranteed for minimum living;

　　(3) neglecting his duties, playing irregularities for favoritism, or corrupting embezzling, withholding or being in arrears with the resident’s minimum living guarantee money.

　　Article 23 If a resident is not satisfied with the decision on disapp

roving or suspending enjoying the treatment of minimum living guarantee or the decision on decreasing or suspending dealing out the minimum living guarantee money, or the administrative punishment made by the civil department, he may apply for administrative review according to law; If he is not satisfied with the review decision yet, he may file a administrative lawsuit according to law.

　　Article 24 These rules shall go into effect as of March 1,2002

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