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No. 271 Order of Wuhan Municipal People’s Government
source:     2018-01-02

It is hereby promulgated that the Interim Measures of Wuhan Municipality for the Implementation of Temporary Assistance have been adopted at the 176th Executive Meeting of Wuhan Municipal People’s Government on June 12, 2016, and shall be implemented as of September 1, 2016. 

  

  

Mayor:   Wan Yong 

July 4, 2016 

  

 Interim Measures of Wuhan Municipality for the Implementation of Temporary Assistance 

 

  

Chapter One   General Provisions 

Article 1   In order to further improve the social assistance system of this Municipality and give full play to social assistance in supporting the bottom and solving emergencies and difficulties, these Measures are formulated in accordance with the Interim Measures for Social Assistance (order No. 649 of the State Council), the Notice of the State Council on Establishing Temporary Assistance System (G.F.[2014] No. 47), the Measures of Hubei Province for the Implementation of Social Assistance (Order No. 374 of the Provincial People’s Government) and the Notice of Hubei Provincial Government on Establishing Temporary Assistance System (E.Z.F.[2015] No. 28), and in the light of the actual situation of this Municipality. 

Article 2   These Measures are applicable to the temporary assistance for families and individuals with financial difficulties and its administration within the administrative areas of this Municipality. 

Article 3   The temporary assistance as used in these Measures refers to the emergency and temporary assistance offered by the governments to families or individuals whose basic living cannot be ensured as a result of emergencies, accident injuries, serious diseases or other problems, and such difficulties are not covered by other social assistance systems or are so serious that impact their basic living and are problematic even in a short period after assistance.  

Article 4   Temporary assistance shall adhere to the following principles: 

(1) Prompt assistance shall be offered to those in need;   

(2) Appropriate assistance shall be offered to the best of the governments’ capabilities;  

(3) Open and justified assistance shall be offered, with open policies, transparent procedures and justified results; and 

(4) Government assistance, social assistance and self-support shall be organically combined. 

Article 5   The Municipal People’s Government shall exercise overall leadership over and establish a coordination system for the temporary assistance work of the whole city.  

The people’s governments at the district level (including the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below), as the chief responsible party for the temporary assistance work within their districts, shall implement the policies of the State, the Province and the Municipality for temporary assistance, formulate the rules of their respective districts and be responsible for the funding, work guarantee, supervision and administration for the implementation of temporary assistance.  

Article 6   The departments of civil affairs shall be responsible for the overall planning and organization of temporary assistance work.  

The departments of finance shall be responsible for raising, appropriating and guaranteeing the temporary assistance funds. 

The departments of health and family planning, education, housing security and management, human resources and social security, public security, and city management, and the Disabled Persons Federations shall perform well the temporary assistance work in line with their respective responsibilities.  

Article 7   The sub-district offices (or the people’s governments at the township or town level) shall be responsible for the daily work related to temporary assistance, including application acceptance, fact verification, income investigation, democratic evaluation and subsidy granting.  

The residents’ (or villagers’) committees shall assist the sub-district offices (or the people’s governments at the township or town level) in their daily administration and service of temporary assistance, such as application acceptance, investigation, democratic evaluation and publicity.  

  

Chapter Two   Application for Assistance 

Article 8   In the administrative areas of this Municipality, a family in any of the following circumstances may file an application for temporary assistance: 

(1) Serious personal injury is caused in an accident such as a traffic accident, and the party responsible for compensation fails to pay the compensation timely or there is no party responsible for compensation, which leads to a temporary serious difficulty in the basic living of the family; 

(2) A family member suffers from a sudden serious disease or other incidents, and huge treatment costs are incurred, which leads to a temporary serious difficulty in the basic living of the family; 

(3) Serious personal injury or serious damage to house and to household necessities is caused by a fire, which leads to a temporary serious difficulty in the basic living of the family;  

(4) A sudden increase of the necessary living expenditure of a family supported by the minimum subsistence allowance program or a vulnerable low-income family is caused by a childs reception of full-time higher education (college or university education) or other reasons, and such increase goes beyond the familys bearing capacity, which leads to a temporary serious difficulty in the basic living of the family; or  

(5) Other special difficulties are encountered.  

If an individual who suffers a fire, traffic accident, sudden serious disease or other special difficulties has no relatives in this city and temporarily cannot get support from his/her family, which leads to a difficulty in his/her basic living, such individual may apply for temporary assistance.  

Article 9   An application for temporary assistance filed by a resident who has a household register or residence permit of this city and has resided in this city for at least one year shall be accepted by the sub-district office (or the people’s government at the township or town level) by which the current residence of the resident is governed. An application for temporary assistance filed by a resident who has resided in this city for less than one year shall be accepted by the sub-district office (or the people’s government at the township or town level) by which the registered residence of the resident is governed or which issues the residence permit.  

An application for temporary assistance filed by the name of a family shall be filed by the head of the household or a family member who has reached the age of 18, and be accepted by the sub-district office (or the people’s government at the township or town level) by which the current residence of the family is governed. A residents’ (or villagers’) committee, an entity or an individual may, as authorized by an applicant, file an application for temporary assistance on behalf of the applicant.  

Article 10   An applicant of temporary assistance shall fill in an Approval Form of Temporary Assistance Application and submit the following materials:  

(1) the identity cards, household register or residence permits of family members,; 

(2) a confirmation letter issued by a relevant department according to law, which confirms the emergency;  

(3) a certificate of family financial status issued under the applicants authorization; and 

(4) other relevant certificates as specified by the department of civil affairs at the municipal or district level. 

Whoever holds the certificate of social assistance (or the certificate of subsistence allowance), the certificate of five-guarantees, the certificate of “three-withouts” (issued to a citizen without source of income, without working ability and without statutory upbringing obligor), the certificate of child welfare and/or other certificates shall produce these certificates along with other specified materials.  

Article 11   If the application materials are complete, a sub-district office (or a peoples government at the township or town level) shall accept an application timely. If an applicant fails to provide relevant application materials due to an emergency, a sub-district office (or a people’s government at the township or town level) may accept the application in advance.  

Article 12   A family in any of the following circumstances shall not be provided with temporary assistance:  

(1) The per capita value of the total bank deposits, securities, bonds and insurances held by the family exceeds 24 times the monthly minimum subsistence allowance;  

(2) The family has a non-ordinary commercial house(s) or more than two (including two) houses, and the per capita building area exceeds the lowest level specified by this Municipality; 

(3) The familys living difficulty is caused by fighting and brawling, gambling, taking drugs or participating in other illegal activities;  

(4) The family refuses to verify or conceals its family properties and incomes, or provides false certificates; or 

(5) other circumstances as specified by laws, regulations and rules.  

Article 13   A sub-district office (or a people’s government at the township or town level) or a  residents’ (or villagers’) committee shall learn about, understand and verify the residents’ such special situations as emergencies, accidents or serious diseases under its own jurisdiction, and actively help the people in difficulty file assistance applications.  

A department of public security or city management shall, if identifying a person without capacity of or with limited capacity of civil conduct, such as a juvenile in a dilemma or a mental patient, or a critical patient incapable of seeking help on his/her own, take necessary rescue measures actively. A sub-district office (or a people’s government at the township or town level), or the department of civil affairs or the relief station of a district shall, after receipt of rescue clues from relevant departments, social organizations or citizens, verify the information actively and assist those who meet the requirements for temporary assistance in assistance application.  

Article 14   Where emergent relocation and basic living assistance are needed due to an unexpected public event like a natural disaster, disastrous accident, public health incident or social security incident, and where disease emergency assistance is applicable, the relevant provisions shall apply.  

A department of civil affairs shall strengthen its cooperation and coordination with other departments with the function of social assistance, integrate relevant assistance information resources, and implement the policies of targeted poverty alleviation and disaster relief without repeated assistance.  

  

Chapter Three   Verification and Approval  

Article 15   A sub-district office (or a peoples government at the township or town level) shall, with the help of a residents’ (or villagers’) committee and within ten working days as of the date of accepting an application, investigate and verify an applicant’s family economic status, family structure and difficulty through home visit, neighborhood visit, demanding evidence by letter, democratic evaluation, information verification and other methods. An application that has been approved shall be publicized by the residents’ (or villagers’) committee for five working days at the place of the applicant’s residence, and, if there is no objection, be transferred to the district department of civil affairs. An applicant whose application is rejected shall be informed of the reasons in writing.  

Where an applicant, on the strength of the same matter, applies for temporary assistance repeatedly in a year, such application shall not be accepted.  

Article 16   A department of civil affairs at the district level shall, based on the verification comments submitted by a sub-district office (or a people’s government at the township or town level), make an approval decision within five working days; in case of a special circumstance, the time limit may be extended by a maximum of ten working days. An application that meets the requirements shall be approved without delay; or an applicant whose application is rejected shall be informed of the reasons in writing.   

Article 17   Where the temporary assistance fund is lower than 2.5 times the monthly urban and rural minimal subsistence allowance of this Municipality, a department of civil affairs at the district level may authorize a sub-district office (or a people’s government at the township or town level) to conduct verification and approval, and the results shall be submitted for the record to the department of civil affairs at the district level.  

Article 18   In an urgent circumstance where immediate actions are required to avoid irreparable losses or uncontrollable serious consequences, a sub-district office (or a people’s government at the township or town level) or a department of civil affairs at the municipal or district level shall provide assistance in advance. After an emergency is concluded, the procedures for verification and approval shall be completed as provided.  

  

Chapter Four   Assistance Methods and Criteria 

Article 19   Temporary subsidies shall be granted in accordance with the following provisions: 

(1) Where serious personal injury is caused in an accident such as a traffic accident, and the party responsible for compensation fails to pay the compensation timely or there is no party responsible for compensation, which leads to a temporary serious difficulty in the basic living of a family, each family member shall be granted a lump-sum subsidy three times the local monthly minimum subsistence allowance, or if the difficulty is particularly serious, a maximum of six times the local monthly minimum subsistence allowance.   

(2) Where a family member suffers from a sudden serious disease, which leads to a serious difficulty in the basic living of the family, if, after compensation by the basic medical insurance, serious and extra serious disease subsidy, emergency disease subsidy and commercial insurance, the personal payment of a family under the minimum subsistence allowance program or a vulnerable low-income family exceeds RMB 3,000, 20% of the excess portion shall be granted as a temporary subsidy, the maximum of which shall not exceed 12 times the local monthly minimum subsistence allowance. If the personal payment of a family getting into poverty due to a disease(s) exceeds two times the per capita disposable income of the previous year released by the department of statistics, 20% of the excess portion shall be granted as a temporary subsidy, the maximum of which shall not exceed 12 times the local monthly minimum subsistence allowance. 

(3) Where serious personal injury or serious damage to house and to household necessities is caused by a fire, and the burden is still heavy after insurance compensation and other compensations, which leads to a temporary serious difficulty in the basic living of a family, with consideration of the level of difficulty and the number of family members, each family member shall be granted a lump-sum subsidy three times the local monthly minimum subsistence allowance, or if the difficulty is particularly serious, a maximum of six times the local monthly minimum subsistence allowance. 

(4) Where a sudden increase of the necessary living expenditure of a family supported by the minimum subsistence allowance program or a vulnerable low-income family is caused by a childs reception of full-time higher education (college or university education) or other reasons, and such increase goes beyond the familys bearing capacity, which leads to a temporary serious difficulty in the basic living of the family, a lump-sum subsidy six times the urban monthly minimum subsistence allowance shall be granted in the first academic year after the childs entrance. 

(5) A family suffering other special difficulties shall, with consideration of the level of difficulty, be granted a temporary subsidy of less than three times the local monthly minimum subsistence allowance.  

Article 20   An applicant whose application for temporary assistance has been approved shall, besides a temporary subsidy, be provided with materials, referral service or assistance by other means.  

Article 21   The granting of temporary subsidies shall take into account the categories, causes and level of difficulties, and benefit those in need. A temporary subsidy shall be paid directly to an applicants personal account through the national treasury management system, and if necessary, may be granted in cash upon consent of a department of civil affairs at the district level.  

Article 22   Such assistance methods as providing food, drinking water, clothing or other articles of daily use, or providing temporary shelters may be adopted based on the temporary assistance criteria and the basic living needs of applicants. The provision of materials shall strictly conform to the government procurement procedures, except for emergencies.  

Article 23   If the granting of a temporary subsidy and/or provision of materials still cannot relieve the difficulty of an applicant, referral service may be offered in the light of the actualities. An applicant who meets the conditions for special assistance like minimum subsistence allowance or assistance in medical treatment, education, housing or employment shall be assisted in the application for such special assistance. Referral service shall be offered promptly, if support from public charitable organizations or social work service agencies is needed by means of charitable programs, social donations, professional service or voluntary service.  

  

Chapter Five   Financial Guarantee 

Article 24   The temporary assistance fund is sourced from:  

(1) subsidies from the higher authorities;  

(2) fiscal budget at the corresponding level; 

(3) local retained earnings from the lottery welfare fund of the current year;  

(4) remaining balance of the previous year; and 

(5) social donations.  

Article 25   A people’s government at the district level shall incorporate the temporary subsidies into the fiscal budget at the corresponding level and make an overall arrangement for the social assistance subsidies from the Central Government, the Province, the Municipality and the districts, so as to guarantee the temporary assistance fund.   

Article 26   A people’s government at the district level shall establish an emergency fund system for temporary assistance, and allocate a part of the emergency fund to the sub-district offices (or the people’s governments at the township or town level) for their emergency assistance. 

Article 27   The temporary assistance funds shall be managed by special accounts and used for the specified purpose, and the annual remaining balance shall be carried forward to the following year.  

Article 28   The departments of civil affairs at the municipal and district levels shall establish and improve their systems for temporary assistance archives, fund account management and social assistance information management.  

  

Chapter Six   Supervision and Management 

Article 29   The departments of civil affairs at the municipal and district level, as well as the sub-district offices (or the peoples governments at the township or town level) shall publicize the temporary assistance policies, the application, verification and approval procedures, and the verification and approval results, and accept social supervision via supervision hotlines.  

Article 30   A functionary who abuses his/her power, neglects his/her duty, plays favoritism or commits irregularities in the temporary assistance work shall be given administrative sanctions by the work unit to which he/she belongs, and whoever is suspected of a crime shall be transferred to a judicial organ for ruling according to law.  

Article 31   For those who have received social assistance subsidies, materials or services by false declaration, concealing, counterfeit or other means, a department of civil affairs at the district level shall recover the aforesaid subsidies and materials according to law; if a violation of the security administration is constituted, a public security organ shall give punishment according to law; if a crime is constituted, the case shall be transferred to a judicial organ where the criminal liability shall be investigated according to law. 

  

Chapter Seven   Supplementary Provisions 

Article 32   A vulnerable low-income family as mentioned in these Measures refers to a family whose per capita disposable income is higher than or equal to the minimum subsistence allowance of this city but lower than 1.5 times the minimum subsistence allowances of this city, and whose financial status meets the conditions for urban and rural minimum subsistence allowance of this city.  

A family getting into poverty due to a disease(s) as mentioned in these Measures refers to a family whose family income is higher than the social assistance standard but cannot afford the huge medical treatment costs for the serious or extra serious disease(s), and thus whose basic living gets into serious difficulty.  

Article 33   The districts may, in the light of their respective actualities, formulate specific rules for the implementation of temporary assistance, which specify the specific categories and scopes of accidents, sudden serious diseases, sudden increase of necessary living expenditure, and other special difficulties.   

Article 34   These Measures shall be interpreted by the municipal department of civil affairs and come into force as of September 1, 2016.  

 

 

To:

People’s governments at the district level, departments of the Municipal Peoples Government.

Office of Legislative Affairs of the Provincial Peoples Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on July 7, 2016

 

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