Article 101-12. One-time housing payments for periods of housing insecurity from the State housing fund to employees of special government agencies and military personnel of the Housing Relations Act

Home / RLA / Article 101-12. One-time housing payments for periods of housing insecurity from the State housing fund to employees of special government agencies and military personnel of the Housing Relations Act

1. An employee of a special government agency or a serviceman receives one-time housing payments for periods of housing insecurity from the state housing fund upon discharge from service upon reaching the age limit for service, for health reasons, due to staff reductions or for family reasons, with the exception of dismissal for family reasons when the spouse's place of service (military service) changes (spouses) of an employee of a special government agency or a military serviceman, related to the need for the family to move to another locality.

An employee of a special state body, a serviceman of the State Security Service of the Republic of Kazakhstan, upon dismissal on the grounds specified in part one of this paragraph, one-time housing payments are assigned from the date of the last date of entry into service in special state bodies (continuous service) until January 1, 2013, and in case of transfer to special state bodies (continuous service) from the Armed Forces of the Republic of Kazakhstan, other troops and military formations after the specified date – before January 1, 2018.

Upon dismissal for the reasons specified in part one of this paragraph, one-time housing payments are assigned to a serviceman (with the exception of a serviceman of the State Security Service of the Republic of Kazakhstan) from the date of the last date of admission to military service (continuous service) until January 1, 2018.

In this case, the one-time housing payments provided for in this paragraph are carried out minus the periods:

1) previously made current housing payments;

2) living in a dwelling previously provided from the state housing stock on the territory of the Republic of Kazakhstan or on the right of ownership, taking into account alienation during the last five years for each place of service. At the same time, the presence of a share of less than fifty percent in the dwelling is not taken into account.

An employee of a special state body or a military serviceman who lived before January 1, 2018 in an office dwelling that is not subject to privatization, upon dismissal on the grounds specified in part one of this paragraph, one-time housing payments shall be made for periods of residence in the specified dwelling in the amount of fifty percent of the amount of current housing payments minus periods of previously made current housing payments..

The amount of one-time housing payments provided for in this paragraph is determined by multiplying the amount of the cost of one square meter of rent of a comfortable dwelling in the relevant region of the Republic of Kazakhstan, in which an employee of a special state body or a soldier is serving, according to the data of the authorized body in the field of state statistics for January of this year, published on its Internet resource, by the area of housing at the rate of eighteen square meters for each family member, including the recipient of housing payments, taking into account changes in family composition and periods of housing insecurity.

This paragraph does not apply to an employee of a special government agency and a military personnel in cases where they or their spouses:

1) have realized the right to privatize housing, except for the privatization of housing through a coupon mechanism;

2) received one-time housing payments or monetary compensation;

3) fulfilled the obligations under the contract for the acquisition of housing through the use of housing payments;

4) have a dwelling by right of ownership in the given locality, except for the case when the obligation under the contract for the acquisition of a dwelling into ownership through the use of housing payments has not been fulfilled, as well as receiving a dwelling by inheritance.

2. The one-time housing payments provided for in paragraph 1 of this Article to the recipient of housing payments shall be made without taking into account his (her) spouse, as well as his (her) child(s) if his (her) right to housing was realized before their marriage (matrimony).

The appointment of one-time housing payments provided for in paragraph 1 of this article is carried out if an employee of a special state body and a military personnel are recipients of housing payments.

The exclusion of the recipient of housing payments from the list of personnel does not prevent the appointment and implementation of unpaid lump-sum housing payments according to the submitted report.

A citizen of the Republic of Kazakhstan who has been excluded from the list of personnel has the right to apply to the state institution in which he served for one-time housing payments provided for in parts one and five of paragraph 1 of this Article, within ninety days from the date of exclusion. In the case of an application after the specified period, the state institution makes a decision to refuse to assign one-time housing payments.

3. In cases where the amount of one-time housing payments provided for in parts one and five of paragraph 1 of this Article exceeds the amount of the principal debt under the contract for the acquisition of housing through the use of housing payments, these payments shall be made in the amount of no more than the amount of the principal debt, taking into account remuneration on the date of dismissal (exclusion from the list of personnel).

4. Recipients of housing payments from among military personnel (with the exception of military personnel of the State Security Service of the Republic of Kazakhstan) who have obligations under the contract for the acquisition of housing in ownership before July 1, 2025, the amount of one-time housing payments is determined without regard to paragraph 3 of this Article.

The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.

President

Republic of Kazakhstan

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