Article 101-4. Grounds for suspension, resumption and termination of housing payments of the Housing Relations Act

Home / RLA / Article 101-4. Grounds for suspension, resumption and termination of housing payments of the Housing Relations Act

1. Current housing payments are made by a public institution within one month from the date of their appointment.

Current housing payments are made by transferring them to a personal special account of the recipient of housing payments opened in one of the second-tier banks of his choice, with the exception of housing payments made in a special manner provided for in part three of paragraph 2 of Article 101-1 of this Law.

The amount of current housing payments is determined by multiplying the rental price of one square meter of a comfortable dwelling in the relevant region of the Republic of Kazakhstan 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 the dwelling. The area of the dwelling is determined at the rate of eighteen square meters of space for each family member, including the recipient of housing payments. The maximum area of a dwelling is established by the rules for housing an employee of a law enforcement agency, a special government agency, a civil protection agency, and a military serviceman.

2. Current housing payments to the recipient of housing payments are suspended from the date of his transfer (transfer, enrollment) or secondment or dismissal from a position subject to housing payments (with the exception of the recipient of housing payments, which is at the disposal of a law enforcement agency, a civil protection agency in accordance with the Law of the Republic of Kazakhstan "On Law Enforcement Service"):

1) from one government agency to another, through service from one locality to another;

2) for the position of cadet, cadet, student;

3) for a position that is not eligible for current housing benefits.

In cases where an employee of a law enforcement agency, a special government agency, a civil protection agency and (or) a military serviceman is on maternity leave, in connection with the adoption of a newborn child (children), without pay for child care until he reaches the age of three, including with enrollment in the cadre of the relevant state institution, the assigned current housing payments are not suspended.

3. Current housing payments are resumed in case of:

1) specified in subparagraph 1) of the first part of paragraph 2 of this Article – from the date of suspension of current housing payments, provided that the person is recognized as in need of housing by the state institution where the person arrived for further service;

2) specified in subparagraph 2) of the first part of paragraph 2 of this Article – from the date of graduation from a military, special educational institution or educational organization of foreign states;

3) specified in subparagraph 3) of the first part of paragraph 2 of this Article – from the date of appointment to a position subject to housing benefits.

If a report is submitted on the resumption of current housing payments after ninety calendar days from the date of the issuance of the order on appointment or enlistment in the list of personnel of a special state body or military unit (institution), current housing payments are resumed from the date of registration of the report.

4. Current housing payments are subject to recalculation when:

1) changes in the composition of the family, including when the child (children) reaches the age of majority, with the exception of a person with a disability (persons with disabilities) from childhood;

2) transfer from one state institution to another, through service from one locality to another;

3) the return of an office dwelling that is not subject to privatization;

4) changes in the cost of one square meter of rent of a comfortable dwelling in the relevant region of the Republic of Kazakhstan, determined according to the data of the authorized body in the field of state statistics for January of this year, published on its Internet resource;

5) receiving housing as a gift or inheritance by the child (children) of the recipient of housing payments in the territory of the Republic of Kazakhstan.

Recalculation of current housing payments under subitems 1) and 2) of part one of this paragraph is carried out from the date of the actual occurrence of the event, but not later than ninety calendar days. If the specified deadline is missed, the recalculation of current housing payments is carried out from the date of registration of the report submitted for recalculation of the amount of current housing payments.

Recalculation of current housing payments under subparagraph 3) of part one of this paragraph is carried out from the date of delivery of the dwelling.

Recalculation of current housing payments under subparagraph 5) of part one of this paragraph is carried out without taking into account the child (children) who received housing as a gift or inheritance, from the date of state registration of rights to immovable property.

5. Current housing payments are terminated in the following cases::

1) exclusion from the lists of personnel of employees of a special state body and military personnel, dismissal from law enforcement agencies, civil protection agencies of the recipient of housing payments;

2) fulfillment of obligations under the contract for the acquisition of housing through the use of housing payments;

3) refusal of the recipient of housing payments from receiving the assigned current housing payments.

At the same time, the recipient of housing payments does not have the right to refuse current housing payments in the event that the obligation under the contract for the acquisition of housing through the use of housing payments has not been fulfilled.;

4) the recipient of housing payments or his spouse has another dwelling on the right of ownership in the territory of the Republic of Kazakhstan, including using a mortgage housing loan, as well as on the terms of a prenuptial agreement. At the same time, receiving a home by inheritance is not taken into account.

In the case provided for in the first part of this subparagraph, the right to acquire a dwelling by the recipient of housing payments into ownership through the use of housing payments is considered realized.;

5) receipt by the recipient of housing payments or his/her spouse of a dwelling from the state housing stock, except for the cases provided for in paragraph 7 of Article 101-1 of this Law.

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

President

Republic of Kazakhstan

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