On State allowances for the families with children

The Law of the Republic Kazakhstan dated 28 June, 2005 No. 63.

      Unofficial translation
      Footnote. Throughout the text, the words "aul (village)", "aul (rural)" have been replaced with the words "village" and "rural", respectively, in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of 10 calendar days after its first official publication).
This Law shall regulate social relations, related to the provision of social support in the form of state allowances for the families with children.

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:

      1) state allowances for the families with children (hereinafter- allowances), - cash payments in the form of:

      a one-time state allowance, granted and paid in connection with the birth of a child (hereinafter - a birth allowance);

      a monthly state allowance, granted and paid for the care of a child upon reaching the age of one year (hereinafter-a care allowance);

      a monthly state allowance, granted and paid to the mothers with many children, awarded with pendants "Altyn alka", "Kumisalca" or received the title "Mother Heroine", awarded with the Order "Mother's Glory" of I and II degrees (hereinafter – allowance for a mother with many children);

      a monthly state allowance, granted and paid to the mother or father, the adoptive parent, guardian (trustee), bringing up a disabled child (disabled children) (hereinafter - allowance for the bringing up a disabled child);

      2) the authorized body for granting of a birth allowance, a care allowance, allowances to a person, bringing up a disabled child and to a mother with many children (hereinafter - an authorized body) - territorial subdivisions of the authorized state body;

      3) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      3-1) a subdivision of medical and social expertise - a structural unit of the authorized state body that conducts medical and social expertise;

      4) the family - the circle of persons, connected with property and personal non-property rights and obligations arising from marriage, relationship, property, adoption or other form of adoption of children for upbringing and designed to promote the strengthening and development of family relations;

      5) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      6) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      7) the applicant - the person, applying for granting of allowances;

      8) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      9) the authorized state body - the central executive body that performs administration, and within the limits provided by the legislation of the Republic of Kazakhstan, inter-sectoral coordination in the field of social protection of the population;

      10) The State corporation "Government for Citizens" (hereinafter-State Corporation) - a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organizing work on receiving applications for the provision of public services and issuing their results to a recipient of a "one-window" principle, as well as ensuring the provision of public services in an electronic form;

      11) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016).
      Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcement, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 2. The scope of effect of this Law

      This Law shall apply to the citizens of the Republic of Kazakhstan, permanently residing in the Republic of Kazakhstan, and repatriates.

      When granting an allowance to a mother of many children, aliens and stateless persons permanently residing in the Republic of Kazakhstan shall have the right to an allowance on an equal basis with the citizens of the Republic of Kazakhstan.

      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

Article 3. Legislation of the Republic of Kazakhstan on State allowances for the Families with Children

      1. Legislation of the Republic of Kazakhstan on state allowances for the families with children shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other normative legal acts of the Republic of Kazakhstan.

      2. If an international treaty ratified by the Republic of Kazakhstan shall establish other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3-1. Competence of the authorized state body

      The authorized state body shall:

      1) develop and approve the rules for granting and payment of state allowances to the families with children;

      2) determine the list, forms and deadlines for submission of financial and other reports by the State Corporation;

      3) verify the activities of the State Corporation within the competence;

      4) develop and approve the rules for the maintenance of information systems in the field of social security for the families with children;

      5) develop and approve the rules for access to information systems and databases in the field of social security for the families with children;

      6) exercise other powers stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. The law is supplemented by Article 3-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 3-2. Competence of the State Corporation

      State Corporation shall:

      1) accept and verify the completeness of the documents for transfer to the authorized body;

      2) interact with the authorized body on the issues of documents acceptance, formation of mock-ups of cases on granting, suspension, termination, renewal and recalculation of allowances;

      3) ensure timely payment of allowances;

      4) maintain and update information systems in the field of social security for the families with children;

      5) form the forecast data on calculation of the need for payment of allowances;

      6) form the monthly need for payments and schedules of allowances payment, send applications for the need of funds for the payment of allowances to the authorized state body;

      7) provide an authorized state body with information from information systems in the field of social security for the families with children,.

      Footnote. The law is supplemented by Article 3-2 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 4. Right for receiving allowances

      1. Families with children born, adopted, as well as taken into custody (guardianship), shall have the right to receive:

      1) a birth allowance;

      2) a care allowance in cases when:

      a person, taking care of the child is not a participant of the compulsory social insurance system;

      a person, taking care of the child born before 1 January, 2008 is a participant of the compulsory social insurance system;

      3) allowance to a mother with many children;

      4) allowance to a person bringing up a disabled child.

      2. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      Footnote. Article 4 as amended by the laws of the Republic of Kazakhstan dated 19.12. 2007 No. 9 (for the procedure of enforcement, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018).

Article 5. Applying for granting of allowances

      1. Applying for granting of allowances shall be made after the right for allowance has arisen.

      2. An application for granting of allowance with the attachment of documents, the list of which is determined by the authorized state body, shall be filed at the place of residence of the family entitled to the allowance provided for in Article 4 of this Law, to the State Corporation.

      Individuals shall have the right to apply for a birth allowance, a care allowance, an allowance to a person, bringing up a disabled child, through the "e-government" web portal.

      When the child is first identified as having a disability, the applicant shall have the right to apply for granting of an allowance to a person bringing up a disabled child to the unit of medical and social expertise at the place of residence.

      In case of impossibility of personal appeal, the applicant shall have the right to authorize other persons to apply for granting of allowance on the basis of a power of attorney issued in accordance with the established procedure.

      3. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018).

      4. When state bodies and (or) organizations submit electronic documents confirming the absence of requested information about the applicant in information systems, the State Corporation that carried out the request shall notify the applicant about the necessity to present originals of documents for bringing information about the applicant into information systems in order and terms determined by the authorized body in the field of informatization.

      If information systems confirm in an established order, the presence of previously missing information about the applicant on the day of granting a birth allowance, an allowance to a person, bringing up a disabled child, an allowance to a mother of many children, the day of applicant's applying for granting to the State Corporation shall be considered.

      5. Terms of applying for a birth allowance and a care allowance may not exceed twelve months from the date of the birth of the child.

      6. The applicant shall provide complete and reliable information in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); as amended by the laws of the Republic of Kazakhstan dated 29. 09. 2014 No. 239-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 6. The procedure of granting and payment of allowances

      1. Granting and payment of allowances shall be made by the authorized body in the manner determined by the authorized state body.

      1-2. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      2. An application with necessary documents, including electronic ones, shall be considered by the authorized body from the date of their registration with the State Corporation, and in the case stipulated by part 1 of paragraph 4 of Article 5 of this Law - from the date of confirmation information about the applicant by information systems of state bodies and (or) organizations within seven working days.

      The authorized body shall inform the applicant not later than five working days about the decision on granting or refusal to grant allowances (indicating the reason) in written form or by sending an electronic document through the State Corporation, and when applying via the "e-government" web portal - within one working day in an electronic form.

      3. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      4. The applicant shall have the right to appeal against the actions and decisions of the authorized body in the superior authorized bodies, as well as in the court.

      5. Allowances shall not be granted to the children, being on full state support.

      6. The amounts of allowances, that are not received in due time through the fault of the body that grants or carries out payment shall be paid for the past time without limitation of terms.

      Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 29. 09. 2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 7. Granting and payment of a birth allowance

      1. A birth allowance shall be granted from the date of application.

      2. At the birth of two or more children, a birth allowance shall be granted and paid for each child.

Article 8. Granting and payment of a care allowance

      1. A care allowance shall be granted from the date of birth of a child upon reaching the age of one year.

      For the persons, being the participants of compulsory social insurance system and taking care of a child born before January 1st, 2008, a care allowance shall be granted from the date of birth of a child through December 31st, 2007.

      2. In case of taking care of two or more children under the age of one, a care allowance shall be granted and paid for each child.

      3. A care allowance for the families with adopted children, as well as children taken for the guardianship (trusteeship) shall be granted from the date of the court decision on adoption is entered into legal force or from the date of adopting the decision to establish guardianship (trusteeship) is made.

      4. When granting a care allowance, children for whom the parents are deprived of parental rights shall not be taken into account as the members of the family.

      Footnote. Article 8 as amended by the laws of the Republic of Kazakhstan dated 19.12. 2007 No. 9 (for the procedure of enforcing, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010).

Article 9. Granting and payment of an allowance to a mother of many children

      1. An application for granting of an allowance to a mother of many children shall be carried out at any time without restriction by any period.

      2. Payment of an allowance to a mother of many children shall be made for the current month and for the period of compliance with the conditions under which this allowance is granted, from the date of application if all supporting documents are available. In case of death of the recipient, an allowance to a mother of many children shall be paid through the month of death.

      3. An allowance to a mother of many children shall not be granted to the persons who did not submit supporting documents or submitted documents, containing inaccurate data.

      4. Payment of an allowance to a mother of many children shall be terminated in cases of loss of grounds for its granting or death of the recipient.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 28. 10. 2015 No. 369-V (shall be enforced from 01.01.2018).

Article 9-1. Granting and payment of an allowance to a person bringing up a disabled child

      1. An allowance to a person bringing up a disabled child shall be granted from the date of applying for the entire period of disability of a child.

      2. In case of two or more children with disabilities in the family, an allowance shall be granted and paid for each disabled child.

      3. An allowance for the families bringing up a disabled child, having adopted children, as well as disabled children, taken for guardianship (custody), shall be granted from the date of the court decision on adoption is entered into legal force or from the date of the decision to establish guardianship (custody) is made.

      Footnote. The law is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010).

Article 10. The amount of allowances

      1. The allowances in accordance with this Law shall be established in the following amounts:

      1) a birth allowance:

      for the first, second, third child - 38.0 monthly calculation index;

      for the fourth and more child - 63.0 monthly calculation index;

      2)a care allowance:

      for the first child - 5.76 monthly calculation index;

      for the second child - 6.81 monthly calculation d index;

      for the third child - 7.85 monthly calculation index;

      for the fourth and more child - 8.90 monthly calculation index;

      3) an allowance to a mother of many children - 6.40 monthly calculation index;

      4) an allowance to a person bringing up a disabled child - 1.05 times the minimum wage.

      Allowances, specified in subparagraphs 1), 2) and 3) of this paragraph shall be paid taking into account the change in the amount of the monthly calculation index, and an allowance, specified in subparagraph 4) of this paragraph, taking into account the change in the minimum wage established for the relevant financial year by the law on Republican budget.

      2. An applicant, within ten working days, shall be obliged to inform the State Corporation about the circumstances that may serve as grounds for changing the amount of an allowance or for termination of its payment.

      In case, that the applicant did not timely notify the circumstances that affect the amount of a care allowance, an allowance to a mother with many children and an allowance to a person bringing up a disabled child, the amount of allowances shall be reviewed from the moment of occurrence of these circumstances, but not earlier than the time of their granting.

      Footnote. Article 10 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcing see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 31. 03. 2014 No. 180-V (shall be enforced from April 1, 2014); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 11. Termination or suspension of payment of allowances

      Footnote. The title of Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 20.06.2017 No. 76-VI (shall be enforced from 01.01.2018).

      1. The grounds for termination of payment of allowances provided in subparagraphs 2) and 4) of paragraph 1 of Article 4 of this Law shall be:

      1) the death of a child;

      2) determination of a child for full state support;

      3) submission by an applicant of unreliable information that entailed illegal granting of allowances;

      4) depriving or restricting parental rights of parents, invalidating or abolishing the adoption, release or removal from the performance of their duties of guardians (custody) in cases established by the marriage and family legislation of the Republic of Kazakhstan.

      1-1. Payment of allowances provided in subparagraphs 2), 3) and 4) of paragraph 1 of Article 4 of this Law shall be suspended from the date of onset of the following circumstances:

      1) departure of a recipient for permanent residence outside the Republic of Kazakhstan;

      2) serving of a criminal punishment, appointed by the court in the form of deprivation of liberty by the recipient of an allowance;

      3) residence of a recipient of an allowance in a state medical and social institution (organization), with the exception of a person to whom special social services shall be provided on a paid basis.

      Payment of allowances shall be renewed after the circumstances that caused the suspension of allowances.

      2. Payment of an allowance shall be terminated from the date of occurrence of the circumstances specified in paragraph 1 of this Article.

      Excessively paid amounts shall be subject to return voluntarily, and in case of refusal judicially on the basis of a court decision.

      3. In case of the death of a child (children), the payment of allowances provided in subparagraphs 2) and 4) of paragraph 1 of Article 4 of this Law shall terminate after the month of the death of a child (children).

      Footnote. Article 11 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcing see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 12. Responsibility for violating the Legislation of the Republic of Kazakhstan on State allowances to the families with children

      Persons guilty in violating of the legislation of the Republic of Kazakhstan on state allowances to the families with children shall be liable under the laws of the Republic of Kazakhstan.

Article 13. Procedure for enforcement of this Law

       This Law shall be enforced from January 1st , 2006, with the exception of subparagraph 2) of paragraph 1 of Article 4, Article 8, subparagraph 2) of paragraph 1 of Article 10, which shall be enforced from July 1st ,

      The President
      of the Republic of Kazakhstan


On State allowances for the families with children

The Law of the Republic Kazakhstan dated 28 June, 2005 No. 63.

      Unofficial translation
      Footnote. Throughout the text, the words "aul (village)", "aul (rural)" have been replaced with the words "village" and "rural", respectively, in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of 10 calendar days after its first official publication).
This Law shall regulate social relations, related to the provision of social support in the form of state allowances for the families with children.

Article 1. Basic concepts used in this Law

      The following basic concepts shall be used in this Law:

      1) state allowances for the families with children (hereinafter- allowances), - cash payments in the form of:

      a one-time state allowance, granted and paid in connection with the birth of a child (hereinafter - a birth allowance);

      a monthly state allowance, granted and paid for the care of a child upon reaching the age of one year (hereinafter-a care allowance);

      a monthly state allowance, granted and paid to the mothers with many children, awarded with pendants "Altyn alka", "Kumisalca" or received the title "Mother Heroine", awarded with the Order "Mother's Glory" of I and II degrees (hereinafter – allowance for a mother with many children);

      a monthly state allowance, granted and paid to the mother or father, the adoptive parent, guardian (trustee), bringing up a disabled child (disabled children) (hereinafter - allowance for the bringing up a disabled child);

      2) the authorized body for granting of a birth allowance, a care allowance, allowances to a person, bringing up a disabled child and to a mother with many children (hereinafter - an authorized body) - territorial subdivisions of the authorized state body;

      3) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      3-1) a subdivision of medical and social expertise - a structural unit of the authorized state body that conducts medical and social expertise;

      4) the family - the circle of persons, connected with property and personal non-property rights and obligations arising from marriage, relationship, property, adoption or other form of adoption of children for upbringing and designed to promote the strengthening and development of family relations;

      5) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      6) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      7) the applicant - the person, applying for granting of allowances;

      8) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018);

      9) the authorized state body - the central executive body that performs administration, and within the limits provided by the legislation of the Republic of Kazakhstan, inter-sectoral coordination in the field of social protection of the population;

      10) The State corporation "Government for Citizens" (hereinafter-State Corporation) - a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organizing work on receiving applications for the provision of public services and issuing their results to a recipient of a "one-window" principle, as well as ensuring the provision of public services in an electronic form;

      11) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016).
      Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcement, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 2. The scope of effect of this Law

      This Law shall apply to the citizens of the Republic of Kazakhstan, permanently residing in the Republic of Kazakhstan, and repatriates.

      When granting an allowance to a mother of many children, aliens and stateless persons permanently residing in the Republic of Kazakhstan shall have the right to an allowance on an equal basis with the citizens of the Republic of Kazakhstan.

      Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

Article 3. Legislation of the Republic of Kazakhstan on State allowances for the Families with Children

      1. Legislation of the Republic of Kazakhstan on state allowances for the families with children shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other normative legal acts of the Republic of Kazakhstan.

      2. If an international treaty ratified by the Republic of Kazakhstan shall establish other rules than those contained in this Law, the rules of the international treaty shall apply.

Article 3-1. Competence of the authorized state body

      The authorized state body shall:

      1) develop and approve the rules for granting and payment of state allowances to the families with children;

      2) determine the list, forms and deadlines for submission of financial and other reports by the State Corporation;

      3) verify the activities of the State Corporation within the competence;

      4) develop and approve the rules for the maintenance of information systems in the field of social security for the families with children;

      5) develop and approve the rules for access to information systems and databases in the field of social security for the families with children;

      6) exercise other powers stipulated by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. The law is supplemented by Article 3-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 3-2. Competence of the State Corporation

      State Corporation shall:

      1) accept and verify the completeness of the documents for transfer to the authorized body;

      2) interact with the authorized body on the issues of documents acceptance, formation of mock-ups of cases on granting, suspension, termination, renewal and recalculation of allowances;

      3) ensure timely payment of allowances;

      4) maintain and update information systems in the field of social security for the families with children;

      5) form the forecast data on calculation of the need for payment of allowances;

      6) form the monthly need for payments and schedules of allowances payment, send applications for the need of funds for the payment of allowances to the authorized state body;

      7) provide an authorized state body with information from information systems in the field of social security for the families with children,.

      Footnote. The law is supplemented by Article 3-2 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); as amended by the Law of the Republic of Kazakhstan dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 4. Right for receiving allowances

      1. Families with children born, adopted, as well as taken into custody (guardianship), shall have the right to receive:

      1) a birth allowance;

      2) a care allowance in cases when:

      a person, taking care of the child is not a participant of the compulsory social insurance system;

      a person, taking care of the child born before 1 January, 2008 is a participant of the compulsory social insurance system;

      3) allowance to a mother with many children;

      4) allowance to a person bringing up a disabled child.

      2. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      Footnote. Article 4 as amended by the laws of the Republic of Kazakhstan dated 19.12. 2007 No. 9 (for the procedure of enforcement, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018).

Article 5. Applying for granting of allowances

      1. Applying for granting of allowances shall be made after the right for allowance has arisen.

      2. An application for granting of allowance with the attachment of documents, the list of which is determined by the authorized state body, shall be filed at the place of residence of the family entitled to the allowance provided for in Article 4 of this Law, to the State Corporation.

      Individuals shall have the right to apply for a birth allowance, a care allowance, an allowance to a person, bringing up a disabled child, through the "e-government" web portal.

      When the child is first identified as having a disability, the applicant shall have the right to apply for granting of an allowance to a person bringing up a disabled child to the unit of medical and social expertise at the place of residence.

      In case of impossibility of personal appeal, the applicant shall have the right to authorize other persons to apply for granting of allowance on the basis of a power of attorney issued in accordance with the established procedure.

      3. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018).

      4. When state bodies and (or) organizations submit electronic documents confirming the absence of requested information about the applicant in information systems, the State Corporation that carried out the request shall notify the applicant about the necessity to present originals of documents for bringing information about the applicant into information systems in order and terms determined by the authorized body in the field of informatization.

      If information systems confirm in an established order, the presence of previously missing information about the applicant on the day of granting a birth allowance, an allowance to a person, bringing up a disabled child, an allowance to a mother of many children, the day of applicant's applying for granting to the State Corporation shall be considered.

      5. Terms of applying for a birth allowance and a care allowance may not exceed twelve months from the date of the birth of the child.

      6. The applicant shall provide complete and reliable information in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 08.01.2013 No. 64-V (shall be enforced from 01.01.2013); as amended by the laws of the Republic of Kazakhstan dated 29. 09. 2014 No. 239-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 6. The procedure of granting and payment of allowances

      1. Granting and payment of allowances shall be made by the authorized body in the manner determined by the authorized state body.

      1-2. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      2. An application with necessary documents, including electronic ones, shall be considered by the authorized body from the date of their registration with the State Corporation, and in the case stipulated by part 1 of paragraph 4 of Article 5 of this Law - from the date of confirmation information about the applicant by information systems of state bodies and (or) organizations within seven working days.

      The authorized body shall inform the applicant not later than five working days about the decision on granting or refusal to grant allowances (indicating the reason) in written form or by sending an electronic document through the State Corporation, and when applying via the "e-government" web portal - within one working day in an electronic form.

      3. is excluded by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018).

      4. The applicant shall have the right to appeal against the actions and decisions of the authorized body in the superior authorized bodies, as well as in the court.

      5. Allowances shall not be granted to the children, being on full state support.

      6. The amounts of allowances, that are not received in due time through the fault of the body that grants or carries out payment shall be paid for the past time without limitation of terms.

      Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 29. 09. 2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2015 No. 293-V (shall be enforced upon expiry of 10 calendar days after its first official publication); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 17.11.2015 No. 408-V (shall be enforced from 01.03.2016); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 7. Granting and payment of a birth allowance

      1. A birth allowance shall be granted from the date of application.

      2. At the birth of two or more children, a birth allowance shall be granted and paid for each child.

Article 8. Granting and payment of a care allowance

      1. A care allowance shall be granted from the date of birth of a child upon reaching the age of one year.

      For the persons, being the participants of compulsory social insurance system and taking care of a child born before January 1st, 2008, a care allowance shall be granted from the date of birth of a child through December 31st, 2007.

      2. In case of taking care of two or more children under the age of one, a care allowance shall be granted and paid for each child.

      3. A care allowance for the families with adopted children, as well as children taken for the guardianship (trusteeship) shall be granted from the date of the court decision on adoption is entered into legal force or from the date of adopting the decision to establish guardianship (trusteeship) is made.

      4. When granting a care allowance, children for whom the parents are deprived of parental rights shall not be taken into account as the members of the family.

      Footnote. Article 8 as amended by the laws of the Republic of Kazakhstan dated 19.12. 2007 No. 9 (for the procedure of enforcing, see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010).

Article 9. Granting and payment of an allowance to a mother of many children

      1. An application for granting of an allowance to a mother of many children shall be carried out at any time without restriction by any period.

      2. Payment of an allowance to a mother of many children shall be made for the current month and for the period of compliance with the conditions under which this allowance is granted, from the date of application if all supporting documents are available. In case of death of the recipient, an allowance to a mother of many children shall be paid through the month of death.

      3. An allowance to a mother of many children shall not be granted to the persons who did not submit supporting documents or submitted documents, containing inaccurate data.

      4. Payment of an allowance to a mother of many children shall be terminated in cases of loss of grounds for its granting or death of the recipient.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 28. 10. 2015 No. 369-V (shall be enforced from 01.01.2018).

Article 9-1. Granting and payment of an allowance to a person bringing up a disabled child

      1. An allowance to a person bringing up a disabled child shall be granted from the date of applying for the entire period of disability of a child.

      2. In case of two or more children with disabilities in the family, an allowance shall be granted and paid for each disabled child.

      3. An allowance for the families bringing up a disabled child, having adopted children, as well as disabled children, taken for guardianship (custody), shall be granted from the date of the court decision on adoption is entered into legal force or from the date of the decision to establish guardianship (custody) is made.

      Footnote. The law is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010).

Article 10. The amount of allowances

      1. The allowances in accordance with this Law shall be established in the following amounts:

      1) a birth allowance:

      for the first, second, third child - 38.0 monthly calculation index;

      for the fourth and more child - 63.0 monthly calculation index;

      2)a care allowance:

      for the first child - 5.76 monthly calculation index;

      for the second child - 6.81 monthly calculation d index;

      for the third child - 7.85 monthly calculation index;

      for the fourth and more child - 8.90 monthly calculation index;

      3) an allowance to a mother of many children - 6.40 monthly calculation index;

      4) an allowance to a person bringing up a disabled child - 1.05 times the minimum wage.

      Allowances, specified in subparagraphs 1), 2) and 3) of this paragraph shall be paid taking into account the change in the amount of the monthly calculation index, and an allowance, specified in subparagraph 4) of this paragraph, taking into account the change in the minimum wage established for the relevant financial year by the law on Republican budget.

      2. An applicant, within ten working days, shall be obliged to inform the State Corporation about the circumstances that may serve as grounds for changing the amount of an allowance or for termination of its payment.

      In case, that the applicant did not timely notify the circumstances that affect the amount of a care allowance, an allowance to a mother with many children and an allowance to a person bringing up a disabled child, the amount of allowances shall be reviewed from the moment of occurrence of these circumstances, but not earlier than the time of their granting.

      Footnote. Article 10 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcing see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 08.01.2013, No. 64-V (shall be enforced from 01.01.2013); dated 31. 03. 2014 No. 180-V (shall be enforced from April 1, 2014); dated 28.10.2015 No. 369-V (shall be enforced from 01.01.2018); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.07.2017).

Article 11. Termination or suspension of payment of allowances

      Footnote. The title of Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 20.06.2017 No. 76-VI (shall be enforced from 01.01.2018).

      1. The grounds for termination of payment of allowances provided in subparagraphs 2) and 4) of paragraph 1 of Article 4 of this Law shall be:

      1) the death of a child;

      2) determination of a child for full state support;

      3) submission by an applicant of unreliable information that entailed illegal granting of allowances;

      4) depriving or restricting parental rights of parents, invalidating or abolishing the adoption, release or removal from the performance of their duties of guardians (custody) in cases established by the marriage and family legislation of the Republic of Kazakhstan.

      1-1. Payment of allowances provided in subparagraphs 2), 3) and 4) of paragraph 1 of Article 4 of this Law shall be suspended from the date of onset of the following circumstances:

      1) departure of a recipient for permanent residence outside the Republic of Kazakhstan;

      2) serving of a criminal punishment, appointed by the court in the form of deprivation of liberty by the recipient of an allowance;

      3) residence of a recipient of an allowance in a state medical and social institution (organization), with the exception of a person to whom special social services shall be provided on a paid basis.

      Payment of allowances shall be renewed after the circumstances that caused the suspension of allowances.

      2. Payment of an allowance shall be terminated from the date of occurrence of the circumstances specified in paragraph 1 of this Article.

      Excessively paid amounts shall be subject to return voluntarily, and in case of refusal judicially on the basis of a court decision.

      3. In case of the death of a child (children), the payment of allowances provided in subparagraphs 2) and 4) of paragraph 1 of Article 4 of this Law shall terminate after the month of the death of a child (children).

      Footnote. Article 11 as amended by the laws of the Republic of Kazakhstan dated 19. 12. 2007 No. 9 (for the procedure of enforcing see Article 2); dated 02.12.2009 No. 211-IV (shall be enforced from 01.01.2010); dated 28.10.2015 № 369-V (shall be enforced from 01.01.2018); dated 20. 06. 2017 No. 76-VI (shall be enforced from 01.01.2018).

Article 12. Responsibility for violating the Legislation of the Republic of Kazakhstan on State allowances to the families with children

      Persons guilty in violating of the legislation of the Republic of Kazakhstan on state allowances to the families with children shall be liable under the laws of the Republic of Kazakhstan.

Article 13. Procedure for enforcement of this Law

       This Law shall be enforced from January 1st , 2006, with the exception of subparagraph 2) of paragraph 1 of Article 4, Article 8, subparagraph 2) of paragraph 1 of Article 10, which shall be enforced from July 1st ,

      The President
      of the Republic of Kazakhstan

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