525.Measures of Shenzhen Municipality on Guaranteeing Minimum Subsistence深圳市最低生活保障办法

　　深圳市最低生活保障办法

　　Measures of Shenzhen Municipality on Guaranteeing Minimum Subsistence

　　Chapter One General Provisions

　　Article 1 For the purposes of improving the guaranteeing minimum subsistence system of Shenzhen Municipality and guaranteeing the basic livelihood of residents . These Measures are formulated in light of the reality of this Shenzhen Municipality, and in accordance with the applicable provisions of such regulations as the Regulations on Guaranteeing Minimum Subsistence for City Residents, Interim Measures for Social Assistance and Measures for the Implementation of the Minimum Subsistence Allowance System of Guangdong Province and in light of the reality of Shenzhen Municipality for the purposes of improving the subsistence allowance system of the Shenzhen Municipality and guaranteeing the basic livelihood of residents.

　　Article 2 These Measures shall apply to the application, verification and investigation, review and approval, and benefits payment of minimum subsistence allowance in the Shenzhen Municipality as well as the supervision and management of such activities.

　　Article 3 The guaranteeing minimum subsistence system shall comply with the following principles:

　　1. Ensuring the basics and sustainability;

　　2. Being in alignment with the socio-economic development level;

　　3. Connection with other social security systems;

　　4. Promoting self-help and self-reliance of the guaranteed;

　　5. Openness, fairness and justness.

　　Article 4 The municipal civil affairs department shall be responsible for guiding, making overall planning for, coordinating, and supervising the guaranteeing minimum subsistence work of the Shenzhen Municipality. The civil affairs departments of all districts (including the new districts, the same below) shall be responsible for the approval of guaranteeing minimum subsistence, benefits payment, as well as its supervision and management.

　　Such units as the municipal departments for development and reform, human resources and social security, planning and natural resources, public security,justice, finance, market supervision, taxation, health, education, housing & urban-rural development, medical insurance, statistics as well as ethnic and religious departments, disabled persons’ federations, labor unions as well as banking, insurance and securities agencies shall do the guaranteeing minimum subsistence work well in accordance with their respective functions and duties.

　　The municipal Residents’ Family Economic Status Verification Center (hereinafter referred to as the “verification unit”) shall be commissioned for the family economic status verification related to the guaranteeing minimum subsistence of the whole city.

　　Article 5 Subdistrict offices shall be competent for the application acceptance, investigation and assessment, preliminary approval, public announcement, and other work of the guaranteeing minimum subsistence within their administrative areas. Residents’ committees and community workstations shall assist in such work related .

　　A district civil affairs department may authorize a subdistrict office to carry out such work as the approval of guaranteeing minimum subsistence applications and benefits payment within its administrative area.

　　Specific approval as well as supervision and management methods shall be separately developed by each district civil affairs department and reported to respective district government for approval and implementation.

　　Article 6 The municipal civil affairs department shall work in collaboration with the financial and other departments to draw up the guaranteeing minimum subsistence standards of the Shenzhen Municipality for the current year and report such standards to the municipal people’s government for approval before announcement and implementation.

　　The development of the guaranteeing minimum subsistence standards of the Shenzhen Municipality for the current year shall take into consideration the necessary expenses for residents of the Shenzhen Municipality to maintain a basic subsistence, the price level, financial security capacity and other factors.

　　The guaranteeing minimum subsistence standards of the Shenzhen Municipality for the current year shall not be lower than the guaranteeing minimum subsistence standards announced by the Guangdong Provincial People’s Government.

　　Article 7 The municipal and district people’s governments shall include the funds required for guaranteeing minimum subsistence and work expenses in the financial budget at the respective level.

　　The municipal and district people’s governments as well as subdistrict offices may encourage all sectors of society to participate in the guaranteeing minimum subsistence work by means such as purchasing services, and give full play to the roles of all sectors of society in such aspects as investigation and assessment, employment guidance, social integration and psychological guidance.

　　Chapter Two Guaranteeing Minimum Subsistence Object and Conditions

　　Article 8 Families with household registration of the Shenzhen Municipality whose average income of family members living together (hereinafter referred to as “average income of family members”) is lower than the local minimum subsistence standard for the current year shall be subsumed into the subsistence allowance system of the Shenzhen Municipality provided that their family property and living conditions meet the required conditions.

　　Persons with household registration of the Shenzhen Municipality who meet the following requirements can apply for guaranteeing minimum subsistence as an individual:

　　1. People suffering from serious illnesses in families on the starvation edge, people with Grade 1 or Grade 2 disabilities who cannot establish their own individual households, and people with Grade 3 or Grade 4 mental and intellectual disabilities;

　　2. Minors whose parents are unable to fulfill their support obligations;

　　3. Other persons as prescribed by laws, regulations and rules.

　　Article 9 “Families with household registration of the Shenzhen Municipality” referred to in these Measures include:

　　1. Families consisting entirely of residents with household registration of the Shenzhen Municipality;

　　2. Families consisting of a resident with household registration of the Shenzhen Municipality and family members without household registration of the Shenzhen Municipality who meet the provisions of these Measures.

　　For families consisting entirely of residents with household registration of the Shenzhen Municipality, their family members living together include the following persons:

　　1. Spouse;

　　2. Parents and minor children;

　　3. Children who are adults but unable to live independently, including adult children who are in school receiving degree education as undergraduate or below;

　　4. Other persons with whom there are statutory relationships of supporting parents, spouse and children and live together on a long-term basis;

　　The following persons shall not be counted as family members living together specified in the preceding paragraph:

　　1. Religious clergies who have lived independently from their families for more than three consecutive years (including three years);

　　2. Persons serving sentences in prisons and persons performing compulsory isolated drug rehabilitation in compulsory isolated drug rehabilitation centers;

　　3.Missing persons declared by court;

　　4.persons registered in the same household register but with no statutory relationships of supporting parents, spouse and children with the family members living together.

　　Article 10. The following family members without household registration of the Shenzhen Municipality who have lived with a resident with the household registration in the Shenzhen Municipality for one year consecutivly, may qualify for guaranteeing minimum subsistence in accordance with the provisions of these Measures:

　　1. Parents;

　　2. Spouse;

　　3. Minor children;

　　4. Children who are adults but unable to live independently.

　　Family members without household registration of the Shenzhen Municipality who have already obtained guaranteeing minimum subsistence in their residence or other places, may unqualify to the guaranteeing minimum subsistence of the Shenzhen Municipality.

　　Chapter Three Application and Approval

　　Article 11 In principle, the guaranteeing minimum subsistence shall be applied in the name of the family. The family member with household registration of the Shenzhen Municipality (hereinafter referred to as the “Applicant”) may apply to the subdistrict office of any family member’s household registration location and submits the following materials:

　　1. Guaranteeing minimum subsistence application and authorization letter;

　　2. The household register and ID cards of the Applicant and his/her family members living together;

　　3. Other materials related to the identity and economic status of the Applicant and his/her family members living together.

　　Individuals who apply for guaranteeing minimum subsistence in their own names shall apply to the subdistrict offices of their household registration locations.

　　Article 12 Where such units as public security, urban management and other departments, or subdistrict offices, residents’ committees, community workstations, relief management agencies, social welfare agencies, schools and hospitals find people who may qualify to the guaranteeing minimum subsistence in the course of their work shall take the initiative to assist the said people to apply by informing, guiding and other means.

　　Article 13 In any of the following circumstances, the relevant organizations or individuals may submit written applications on behalf of the Applicant:

　　1. Where the Applicant is a person with no capaShenzhen Municipality for civil conduct or limited capacity for civil conduct, his/her guardian may file an application on his/her behalf;

　　2. Where the Applicant has difficulties and unable to file an application, he/she may authorize the community workstation or residents’ committee in his/her place of domicile or residence to apply on his/her behalf or authorize others to file an application on his/her behalf. Authorized applications shall be based on the performance of relevant authorization procedures.

　　Article 14 The subdistrict office shall review the materials submitted by the Applicant. The application materials that meet the requirements shall be entered into the resident family economic status verification system, and a verification unit shall be authorized to verify the materials.

　　Where the application materials do not meet the requirements, the subdistrict office shall inform the Applicant of all the materials that need to be added and/or revised at one time.

　　Article 15 A subdistrict office shall authorize a verification unit to carry out verification of the Applicant’s family economic status information within two working days from the date of receipt of the application materials that meet the requirements in accordance with provisions and shall decide on whether to accept the guaranteeing minimum subsistence application within two working days from the date of receipt of the verification report.

　　Where the Applicant has an objection to the verification report, the subdistrict office shall review the Applicant’s family economic status within two working days from the date of receipt of the objection and shall issue a review report. Review reports shall not be issued repeatedly for the same family within 30 days. Where verification reports have been issued for the same family several times, the latest report shall prevail.

　　Article 16 Where the Applicant’s family economic status is in line with the prescribed conditions, the subdistrict office shall accept his/her application and issue a notice of acceptance; where the application does not meet the prescribed conditions, the subdistrict office shall reject the application and issue to the Applicant a notice of rejection and a verification report.

　　Article 17 The subdistrict office shall, within ten working days from the date of acceptance of the application for guaranteeing minimum subsistence, send at least two workers to investigate and evaluate the Applicant’s family economic status and living conditions through such means as household surveys and neighborhood visits and shall form investigation and evaluation materials.　　

　　Where the place of domicile and permanent residence of the Applicant and his/her family members are not within the administrative area of the same subdistrict office, the subdistrict office accepting the application may authorize the subdistrict office of the permanent residence to carry out the investigation and evaluation work. The authorized subdistrict office shall complete the investigation and evaluation work within ten working days from the date of receipt of the authorization and shall hand over the investigation and evaluation materials to the subdistrict office accepting the application. The time used for authorized investigation and evaluation shall not be counted in the time limit for investigation, evaluation and review.

　　When the subdistrict office conducts an investigation and evaluation of the Applicant’s family economic status and living conditions, the Applicant and his/her family members shall actively cooperate and provide the subdistrict office with the required materials. Applicants and their family members who do not cooperate or refuse to accept investigation shall be deemed to have abandoned the guaranteeing minimum subsistence application.

　　Article 18 A subdistrict office shall, within five working days from the date of formation or receipt of the investigation and evaluation materials, put forward the preliminary opinion and publicly announce the results on the community information disclosure board, in the public service hall of the subdistrict office, and through the network platform, for a period of seven days. The public announcement shall protect the privacy of the guaranteeing minimum subsistence recipients and shall not disclose information unrelated to the guaranteeing minimum subsistence.

　　For families whose place of domicile and place of residence do not coincide, the subdistrict office responsible for the preliminary examination shall provide the content of the public announcement and authorize the subdistrict office of the place of permanent residence to make the public announcement. After the public announcement, the subdistrict office of the place of permanent residence shall provide timely feedback on the public announcement.

　　Where no objection has been raised at the end of the public announcement period, the subdistrict office shall submit the relevant materials to the district civil affairs department within three working days; where objections have been raised and valid supporting materials can be provided, the subdistrict office shall organize a democratic appraisal and shall submit the results of the democratic appraisal together with relevant materials to the district civil affairs department.

　　Article 19 The district civil affairs department shall decide whether to approve the application within five working days from the date of receipt of the relevant materials submitted by the subdistrict office. Guaranteeing Minimum Subsistence Certificate shall be issued to those who meet the conditions; and decide not to approve and inform the Applicant of the decision in writing within three working days and explain the reasons for those who do not meet the conditions.

　　Article 20 Where the Applicant and his/her family members fall into one of the following circumstances, the district civil affairs department shall not approve his/her application for guaranteeing minimum subsistence:

　　1. The family economic status and living conditions do not meet the prescribed conditions;

　　2. The Applicant and his/her family members are within the legal working age and capable of working,, do not engage in work or productive labor appropriate to their health status, labor capacity and family status without justifiable reasons;

　　3. The Applicant and his/her family members engage in such fraudulent acts as false report, concealment and forgery in order to obtain the Guaranteeing Minimum Subsistence Benefits;

　　4. Other circumstances as prescribed by laws, regulations and rules.

　　District civil affairs departments and subdistrict offices may authorize the Municipal Work Capacity Appraisal Committee to appraise on the work capacity of the people related to guaranteeing minimum subsistences.

　　Article 21 The district civil affairs department shall promptly send approval decisions to the subdistrict office and shall publicly announce the information of the families granted with guaranteeing minimum subsistence through such means as the information disclosure board, public service hall and network platform. The publicly announced information shall include the Applicant’s name, number of family members and the amount of subsistence allowance benefits but shall not include information unrelated to the guaranteeing minimum subsistence.

　　Where there are objections after the public announcement, the district civil affairs department shall, within ten working days after receiving such objections, organize an investigation and verification, and shall publicly announce the investigation results.

　　Chapter Four Benefits Payment and Management

　　Article 22 The district civil affairs department shall determine the amount of guaranteeing minimum subsistence that eligible families are entitled to receive on a monthly basis according to the difference between the monthly per capita income of family members and the guaranteeing minimum subsistence standard of the Shenzhen Municipality for the current year or in the form of payment by grade.

　　The following persons in the families covered by the guaranteeing minimum subsistence program can receive living support:

　　1. Minors;

　　2. Elderly aged over 60 years;

　　3. Full-time students enrolled in education at the undergraduate level or below;

　　4. Persons with Grade 1 or Grade 2 disabilities and people with Grade 3 or Grade 4 mental and intellectual disabilities;

　　5. Persons suffering from major or critical diseases.

　　Living support shall be paid monthly, and the amount shall be thirty percent of the guaranteeing minimum subsistence standard of the Shenzhen Municipality for the current year. Each eligible person can only receive one living support.

　　Article 23 The guaranteeing minimum subsistence and living support (hereinafter collectively referred to as “Guaranteeing Minimum Subsistence Benefits”) shall be paid on a monthly basis starting from the month following the approval or adjustment by the district civil affairs department.

　　A district civil affairs department may appropriate the Guaranteeing Minimum Subsistence Benefits to the financial social security card account or other accounts designated by the guaranteeing minimum subsistence Applicants through agent financial institutions before the 20th of each month.

　　Default on as well as retention, misappropriation and private division of funds related to guaranteeing minimum subsistence in any form shall be strictly prohibited.

　　Article 24 Each district civil affairs department and each subdistrict office shall implement classified dynamic management of family members who are entitled to the guaranteeing minimum subsistence according to their health status, work capaShenzhen Municipality, income sources and economic status.

　　Each district civil affairs departments shall conduct random checks on the economic status and living conditions of families receiving guaranteeing minimum subsistence every year, and each subdistrict office shall conduct classified and regular reviews of the economic status and living conditions of families receiving guaranteeing minimum subsistence. The families entitled to guaranteeing minimum subsistence whose economic status does not change much in the short term shall be reviewed once a year; The families entitled to guaranteeing minimum subsistence whose income sources are not stable and whose family members have work capacity shall be reviewed once every six months.

　　Families and persons receiving guaranteeing minimum subsistence shall actively cooperate with the respective district civil affairs department and subdistrict office in random checks, reviews as well as investigation and evaluation.

　　Article 25 The families receiving guaranteeing minimum subsistence shall truthfully report their family economic status and living conditions. Where the family economic status and living conditions change, the Applicant or his/her family members shall report to the subdistrict office accepting the subsistence allowance application within thirty days after the said change occurs.

　　Family members receiving guaranteeing minimum subsistence who have lived continuously outside the city for more than three months shall report such information as the current residence address, contact information, living conditions to the subdistrict office that accepted the subsistence allowance application.

　　Article 26 Where the families receiving guaranteeing minimum subsistence no longer meet the subsistence allowance conditions due to the employment of family members or improvement in family economic status and living conditions and have taken the initiative to report such situation to the subdistrict office accepting the application, payment of the subsistence allowance can be extended by six months according to the amount of the original guaranteeing minimum subsistence Benefits upon approval by the respective district civil affairs department.

　　Article 27 The human resources and social security departments shall provide free vocational skills training and employment referral services for the unemployed who rely on subsistence allowance. Family members receiving guaranteeing minimum subsistence shall accept the jobs appropriate to their health status, work capacity and family status recommended by relevant units.

　　Where the family members who have work capacity in the families receiving subsistence allowance are unemployed, the subdistrict office shall work with the human resources and social security department to provide the necessary assistance.

　　Article 28 The family members receiving guaranteeing minimum subsistence who are of the legal working age, have work capacity but are unemployed shall participate in the public welfare community services organized by the subdistrict office of their place of household registration or place of residence. Each person shall participate in public welfare community services for a total of no less than sixty hours per month.

　　The family members receiving guaranteeing minimum subsistence specified in the preceding paragraph that fall into one of the following circumstances may be exempted from public welfare community services:

　　1. Full-time students enrolled in education at the undergraduate level or below;

　　2. The father or mother of a child under six years old;

　　3. Other persons who need to take care of family members who cannot take care of themselves.

　　Article 29 Where the families or persons receiving guaranteeing minimum subsistence fall into one of the following circumstances, the respective district civil affairs department may decide to suspend the payment of their Guaranteeing Minimum Subsistence Benefits:

　　1. Those who have refused to cooperate with the relevant review and investigation work for two consecutive times without justifiable reasons.

　　2. Those who have lived outside the city for more than three consecutive months without having reported in accordance with the provisions of these Measures or those who have been out of touch for more than one year.

　　Where the families or persons receiving guaranteeing minimum subsistence have cooperated with the relevant review and investigation work or have reported in accordance with the provisions of these Measures, district civil affairs departments shall resume payment of the Minimum Subsistence Allowance Benefits and pay retroactively the suspended Guaranteeing Minimum Subsistence Benefits.

　　Article 30 Where the economic status and living conditions of the families or persons receiving guaranteeing minimum subsistence have changed and such changes are stable, the respective district civil affairs department shall make a decision to increase, reduce or stop the payment of the Guaranteeing Minimum Subsistence Benefits within five working days from the date of verification completion.

　　In any of the following circumstances, the respective district civil affairs department shall make a decision to suspend the Guaranteeing Minimum Subsistence Benefits:

　　1. The household registrations of all members of the families receiving the guaranteeing minimum subsistence have been transferred out of the city;

　　2. The recipients are of the legal working age and have work capacity but have refused to accept the jobs recommended by the relevant departments for no less than three times without justifiable reasons.

　　3. The recipients have failed to meet the prescribed service hours requirements without justifiable reasons while participating in the public welfare community services organized by the subdistrict office;

　　4. Other circumstances as prescribed by laws, regulations and rules.

　　Article 31 Where the families or persons receiving subsistence allowance fall into the circumstances specified in Articles 29 and 30 of these Measures, the respective subdistrict office and relevant departments shall collect relevant materials, organize investigation and verification, and report the relevant findings and materials to the respective district civil affairs department.

　　The district civil affairs department shall organize verification and form an opinion to increase, decrease or suspend payment of, or to pay retroactively, the Guaranteeing Minimum Subsistence Benefits, notify the parties in writing, and explain the reasons.

　　The district civil affairs department shall increase, decrease or suspend payment of, or to pay retroactively, the Minimum Subsistence Allowance Benefits, in the following month from the date when the opinion is formed. Where the district civil affairs department confirms to suspend payment of the Guaranteeing Minimum Subsistence Benefits, it shall take back the “Guaranteeing Minimum Subsistence Certificate” and make a public announcement.

　　Article 32 The guaranteeing minimum subsistence staff shall keep the personal information of citizens they get to know in the course of their work confidential, except for information that can be made public in accordance with laws and regulations.

　　Article 33 Each civil affairs department and each subdistrict office shall establish and make public consultation, complaints and reporting hotlines so that any unit or individual may make a complaint or report on the guaranteeing minimum subsistence work.

　　Civil affairs departments shall be responsible for the investigation and handling of complaints and reports, organize investigation and make a decision within sixty days after the acceptance of complaints or reports, and inform the complainant or the informant of the handling decision.

　　Chapter Five Legal Liability

　　Article 34 Where any administrative authority, its handling agency or staff fall into one of the following circumstances in the guaranteeing minimum subsistence work, the authority in charge of appointment and dismissal or the supervisory authority shall punish the responsible leaders and the directly responsible persons in accordance with law; where such persons are suspected of a crime, they shall be transferred to the judicial authorities to be prosecuted for criminal liability.

　　1. Default on or retention, misappropriation or private division of funds or expenses related to guaranteeing minimum subsistence;

　　2. Disclosure of personal information of residents known in the course of work;

　　3. Other conducts involving abusing authority, dereliction of duty and playing favouritism and committing irregularities.

　　Article 35 Where a guaranteeing minimum subsistence recipient engages in one of the following acts, the respective district civil affairs department shall issue a warning, cancel his/her Guaranteeing Minimum Subsistence Benefits, order the return of the fraudulently obtained guaranteeing minimum subsistence, include his/her fraudulent practice into the guaranteeing minimum subsistence information system, and submit the record to the Shenzhen Public Credit Information Platform in accordance with the applicable provisions; where the circumstances are serious, a fine of not less than one time and not more than three times of the fraudulently obtained amount shall be imposed; where an act against the administration of public security is committed, public security management punishment shall be imposed in accordance with law; where the recipient is suspected of a crime, he/she shall be transferred to the judicial authority to be prosecuted for criminal liability in accordance with law:

　　1. Where the recipient has taken false report, concealment, forgery or other illegal means to fraudulently obtain Guaranteeing Minimum Subsistence Benefits;

　　2. Where the family economic status and living conditions of the guaranteeing minimum subsistence recipient has changed while he/she still continue to collects the Guaranteeing Minimum Subsistence Benefits, causing him/her to no longer meet the conditions for Guaranteeing Minimum Subsistence Benefits, and he/she has failed to report such change in accordance with the provisions of these Measures.

　　Article 36 Where anyone uses violence, threat and other illegal means to interfere with the guaranteeing minimum subsistence work and disrupt the order of the guaranteeing minimum subsistence work, constituting an act violating the administration of public security, the public security authority shall impose administrative penalties for public security; where the person is suspected of a crime, he/she shall be transferred to the respective judicial authority to be prosecuted for criminal liability in accordance with law.

　　Chapter Six Supplementary Provisions

　　Article 37 Families receiving guaranteeing minimum subsistence may apply for special assistance in such aspects as healthcare, education, housing and employment in accordance with the applicable provisions.

　　Those already included in the scope of assistance and support for severely impoverished people or basic living allowances for orphans shall not repeatedly qualitify to the Guaranteeing Minimum Subsistence Benefits.

　　Article 38 Families on the edge of guaranteeing minimum subsistence in these Measures refer to the families with the household registration of the Shenzhen Municipality whose monthly per capita income of family members is higher than the guaranteeing minimum subsistence standard of the Shenzhen Municipality but less than 1.5 times of the guaranteeing minimum subsistence standard of the Shenzhen Municipality.

　　Families on the edge of guaranteeing minimum subsistence may apply for special assistance in such aspects as living support, healthcare, education, housing and employment in accordance with the applicable provisions. The identification of families on the edge of guaranteeing minimum subsistence and relevant management provisions shall be separately developed by the municipal civil affairs department.

　　Article 39 The persons suffering from major or critical diseases referred to in these Measures are patients suffering from major illnesses prescribed by the State, Guangdong Province and the competent authorities of the Shenzhen Municipality.

　　Article 40 The verification of family economic status information and comprehensive evaluation of living conditions related to the guaranteeing minimum subsistence of the Shenzhen Municipality shall be implemented in accordance with the applicable provisions of Guangdong Province and the Shenzhen Municipality.

　　Article 41 These Measures shall enter into force on October 1, 2021. The Measures of Shenzhen Municipality on Guaranteeing Minimum Subsistence promulgated by the People’s Government of Shenzhen Municipality on August 25, 2008 (Decree of the People’s Government of Shenzhen Municipality No. 189) shall be repealed simultaneously.