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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

Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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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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Page 1: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 2: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 3: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 4: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 5: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

Appeal Appeal

Local HIV/AIDS Center

HPC's legal representatives

Step 1. Step 1. AppealAppeal

Page 6: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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: _______________________________

Page 7: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 8: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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.

Page 9: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 10: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 11: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 12: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 13: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 14: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 15: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 16: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 17: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 18: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 19: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 20: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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)

Page 21: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 22: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 23: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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

Page 24: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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.

Page 25: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, 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.

Page 26: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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.

Page 27: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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)

Page 28: Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

THANK YOU FOR YOUR THANK YOU FOR YOUR ATTENTIONATTENTION