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The role of the welfare and protection sectors in ensuring the realization of the rights of children with disabilities. From the parallel working sessions of the 4th Child Protection Forum in Tajikistan, 2013.
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Approved by the resolution of the Government of RT No.232 dated May 3, 2010
Procedure for setting and payment of state benefits to children aged under 16 infected with human immunodeficiency virus (HIV).
Saadi Mirzoev,
Deputy head, Department of economic affairs, head of unit for planning of public expenditures and budget implementation, MLSP
of RT
Working Group
Finalization of the Draft "Procedure for payment of state benefits to HIV-positive children aged under 16"
Once the draft was finalized it was submitted to the Government of RT for
final approval
Justice Finance Labor and Social
Protection
Health
Government of RT
Government of RT
RESOLUTIONNo. 232 dated 03 May 2010
PROCEDURE FORSETTING AND PAYMENT OF STATE
BENEFITS TO CHILDREN AGED UNDER 16 INFECTED WITH HUMAN
IMMUNODEFICIENCY VIRUS OR SUFFERING FROM ACQUIRED IMMUNE
DEFICIENCY SYNDROME.
Procedure for passing of the regulation
GOVERNMENT OF THE REPUBLIC OF TAJIKISTANRESOLUTION
ON APPROVAL OF PROCEDURE FOR SETTING AND PAYMENT OF STATE BENEFITS TO CHILDREN AGED UNDER 16 INFECTED WITH HUMAN IMMUNODEFICIENCY VIRUS OR SUFFERING FROM
ACQUIRED IMMUNE DEFICIENCY SYNDROME
dated 3 May 2010 No.232 Dushanbe
In accordance with article 15 of the Law of the Republic of Tajikistan "On combatting human immunodeficiency virus and acquired immune deficiency syndrome" the Government of the Republic of Tajikistan hereby resolves that:
1) The Procedure for setting and payment of state benefits to children aged under 16 infected with human immunodeficiency virus or suffering from acquired immune deficiency syndrome shall be approved.
2) The monthly state benefit shall be set in the amount of the seven-fold calculation factor and the payments shall start from 1 January 2011.
3) The Ministry of Health of the Republic of Tajikistan, Ministry of Labor and Social Protection of the Republic of Tajikistan and local government authorities must take appropriate measures for the implementation hereof.
4) The Ministry of Finance of the Republic of Tajikistan shall annually allocate funds to finance payments of the state benefits to children aged under 16 infected with human immunodeficiency virus or suffering from acquired immune deficiency syndrome.
Chairman of the Governmentof the Republic of Tajikistan Emomali Rahmon
Payment Order
Minutes Applica
tion
Ministry of Labor and Social Protection
Put together
documents
General flow chart for payment of state benefits to HIV-positive children aged General flow chart for payment of state benefits to HIV-positive children aged under 16 (hereinafter "HPC")under 16 (hereinafter "HPC")
Local branch of Amonatbonk
HIV/AIDS Center
Local financial bodies of Executive Authority
Commission on Child Rights
Ministry of FinanceRequisition
Allocates funds for payment of the state benefits for the next fiscal year
HPC's legal representative
Local department (sector) of labor and Social Protection and self-governance body
Appeal Appeal
Local HIV/AIDS Center
HPC's legal representatives
Step 1. Step 1. AppealAppeal
Sample
Appendix 1
Medical opinion, Series XXX No.000.000
Republican Center for prevention and combating of AIDS
hereby reports that during examination under the code ____________________________________
HIV positive result was returned
For (full name) ___________________________________________________________
Year of birth _______________________________________________________
Residing at the address: ________________________________________________
IFA No. __________________ dated ______________________________________
Immunoblot No. ______________ dated ______________________________________
In connection with the above, starting from _____________ 20___ he/she
was entered on the dispensary record at the AIDS center
(full name) __________________________________
With the diagnosis: _______________________________
HPC's legal representatives
Step 2. Step 2. ApplicationApplication
Application
Puts together
documents
Medical opinion
Department (sector) of labor and social protection
under a local executive body
The following documents should be The following documents should be appended to the application: appended to the application:
passport of the child's legal representative;
child's birth certificate;local municipal statement of
residence;tear tag of the medical opinion form.
It is forbidden to request additional documents.
Tear tag of the medical opinion form
series XXX No. 000000 (to be issued to the applicant)
The Republican Center for prevention and combating of AIDS) hereby certifies that citizen
(FULL NAME) _______________________________________
born on ______________________________________
has the right to be allocated the state benefits in accordance with the resolution
of the Government of the Republic of Tajikistan No. _____________ dated ___________ 2010.
Citizen _________________________________________________ serves as his/her legal representative.
Head of reference laboratory
AIDS Republican Center
Head of Dispensary
Department, AIDS Republican Center
Director ________________
Stamp here
Step 3. Step 3. MinutesMinutes
The application and other documents are submitted for review to the Commission on Child Rights
Minutes
Commission on Child Rights
Application and other
documents
Department (sector) of labor and social protection under a
local executive body
Sample of minutes of the Commission on Child Rightsof ___________________________ district (city)
dated _____________________ 20__ No. _______________
On allocation of state benefits
The Commission on Child Rights, to promote enjoyment of rights and ensure social protection of the child, upon reviewing the documents submitted by the department of social protection, hereby resolves that:
1. The state benefits be allocated to the children under 16 in compliance with the Resolution of the Government of the Republic of Tajikistan
No. _______ dated ______________ 2010. The persons listed below who are legal representatives of the beneficiaries shall be appointed recipients of the benefits.
2. The benefits shall be payable at ______________________ (indicate banking institution) starting from ____________________ (indicate starting date for benefit payment) at the standard rate.
3. The department of social protection shall ensure timely payment and intended use monitoring of the state benefit amounts.
Signatures of the Commission members:
____________________________
____________________________ stamp here
Beneficiary's code (ID number)
Full name and passport details of the legal representative
Benefit amount
Step 4. Step 4. Financial requisitionFinancial requisition Based on the minutes departments of labor and social
protection under local khukumats put together a financial requisition indicating the number of recipients of the state benefits for the next period and submit it to the Ministry of Labor and Social Protection of the Republic of Tajikistan
Ministry of Labor and Social Protection
Department (sector) of labor and social
protection under a local executive body
Financial requisition for payment of state benefits to children Financial requisition for payment of state benefits to children aged under 16 infected with HIV/AIDS for __________________ aged under 16 infected with HIV/AIDS for __________________
(city/district) (city/district)
No.
Average annualnumber of recipients in the year
Payment amount per month in the year
Expectednumber ofrecipients in the year
Amount required for payment of benefits per month
Required amount of expenditures per year
Beneficiary's name and settlement account
1 2 3 4 5 6 7
Ministry of Labor and Social Protection
Step 5.Step 5. Consolidated annual Consolidated annual requisitionrequisition Based on the submitted requisitions the Ministry of Labor and Social
Protection of the Republic of Tajikistan puts together a consolidated annual requisition for financing broken down by administrative districts and quarters and submits it to the Ministry of Finance of the Republic of Tajikistan.
Ministry of Finance
Allocates funds for payment of the state benefits for the next fiscal year
Step 6. Step 6. Record-sheet of benefit allocation Record-sheet of benefit allocation
Based on minutes of local commissions on child rights local social protection bodies draw up a record-sheet of benefit allocation and, upon its certification, submit it to finance departments (units) of local executive authorities (hereinafter "local finance authorities) for allocation of funding.
Local financial bodies of Executive Authority
Ministry of Finance
Department (sector) of labor and social protection
under a local executive body
Record-sheet of benefit payment
for __________ month 20_____ in ________________________
(indicate city, district)
ID number of the recipient (person
to whom the benefit is allocated)
FULL NAMEof the legal representative(person receiving)
Amount Payment date
Signature of receipt
1
2
3
4
5
6
7
Step 7. Step 7. Payment Order Payment Order Local finance authorities ensure provision of funding for
payment of the benefits by submitting a payment order to a local branch of the State Savings Bank of the Republic of Tajikistan "Amonatbank" (hereinafter "local branches of SSB Amonatbank").
Local branch of Amonatbonk
Local financial bodies of Executive Authority
Step 8. Step 8. DisbursementDisbursement Disbursement is made to the benefit
recipient's legal representative in accordance with the record-sheet.
Local branch of Amonatbonk
Benefit disbursem
ent
HPC's legal representatives
Step 9. Step 9. Reporting Reporting Local branches of SSB Amonatbank provide reports
regarding actual disbursements of benefits and unpaid amounts to local social protection bodies on a quarterly basis.
Local branch of Amonatbonk
Report on actual
disbursements of benefits
Report on actual
disbursements of benefits
Local social protection unit
Report on actual disbursements of state benefits
for ________________ in __________________________________(indicate period) (city, district)
Date Funds received for the period, including 1 month, 2 months, 3 monthsMonths, amount
Amounts spent for disbursement of benefits in accordance with record-sheets (indicate record-sheet numbers)
Balance of fundsfor payment of benefitsAmount
Information about persons who did not receive benefits (full name, month of non-receipt)
Step 10. Step 10. Reconciliation actReconciliation act Local social protection bodies must draw up, at least
once per quarter, a reconciliation act together with local branches of SSB Amonatbank with regard to actual payments of state benefits.
Local branch of Amonatbonk
Reconciliation act
Department (sector) of labor and social protection
under a local executive body
Commission on Child Rights
Monitoring and control Monitoring and control Control over allocation and disbursement of state
benefits is assigned to the State Service for Supervision in the Sphere of Labor, Employment and Social Protection under the Ministry of Labor and Social Protection of the Republic of Tajikistan.
State Service for Supervision in the Sphere of Labor, Employment and Social
Protection
Local branch of Amonatbonk
Local financial bodies of Executive Authority
Department (sector) of labor and social protection
under a local executive body
In the event of allocation of the state benefits to several members of one family the benefits should be allocated to each family member separately.
Benefits
Right to confidentiality Right to confidentiality
CODES
RESPONSIBILITY
•If information about recipient of the state benefits which, according to the current legislation must be confidential, should be divulged staff of respective public authorities who had access to such information in the course of implementation of their duties as well as other persons hindering receipt of the state benefits shall be brought to responsibility in accordance with the legislation of the Republic of Tajikistan.
Administrative actionAdministrative actionIn the event of misuse of amounts
allocated for payment of state benefits or other violations of child rights on the part of legal representatives the local Commission on Child Rights may cause suspension of the benefit payments and change of person acting as legal representative of the child-recipient of the state benefit.
Statistics as of 1 June 2013 (source: Statistics as of 1 June 2013 (source: Republican AIDS Center, MLSP RT)Republican AIDS Center, MLSP RT)Overall 311 HIV-positive children under
16 have been registered including 28 children who died.
Vouchers for receipt of the state benefits were issued to 160 HIV-positive children.
ProblemsProblemsStrengthen interagency coordination (annual
projection of new HIV cases among children, record-keeping and timely preparation of lists of deceased persons and families who migrated to other districts or left the country)
Simplify the financing mechanism and streamline monthly payments of the state benefits
On account of restructuring of units under MLSP payments of the social benefits were suspended for 6 months in 2012.
There are cases when parents refuse to receive the benefits (saying that they do not need them or for fear of stigmatization)
THANK YOU FOR YOUR THANK YOU FOR YOUR ATTENTIONATTENTION