Article 101-9. The rights of family members, heirs of a law enforcement officer, a special government agency, a civil protection agency, and a military serviceman, who are deceased, recognized as missing or declared deceased by the Housing Relations Act
1. In cases of death (death) of a recipient of housing payments, recognition of him as missing in accordance with the procedure established by law, or declaration of death while serving, members of his family, and in case of their absence, heirs, have the right to use housing payments held in a personal special account for the purposes provided for in Article 101-5 of this Law.
2. Family members of the recipient of housing payments, deceased (deceased) upon completion of the service, one-time housing payments are made.
The amount of one-time housing payments is determined by multiplying the area of the dwelling at the rate of eighteen square meters for each family member, corresponding at the time of his death (death) to the composition of the family, including himself, by the price of one square meter of the sale of a new dwelling in the relevant region of the Republic of Kazakhstan, in which the deceased served, according to the commissioner the state statistics authority for January of this year, published on its Internet resource, minus the amount of current housing payments previously made.
3. Lump-sum housing payments shall not be paid if, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, it is proved that the death (death) of the recipient of housing payments has occurred.:
1) as a result of suicide, except in cases of driving to suicide;
2) when committing a criminal offense;
3) as a result of non-medical use of psychoactive substances (their analogues) and intoxication;
4) as a result of intentionally inflicting any bodily injury (self-mutilation) or other harm to health in order to receive one-time housing payments or evade service;
5) as a result of the actions of the recipient of housing payments who violated the terms of the service contract.
4. In the event of the death (death) of a law enforcement officer, a special state body, a civil protection body and (or) a military serviceman who have not received the one-time housing payments provided for in paragraph 4 of Article 101-1 or paragraph 1 of Article 101-12 of this Law, the right to receive them passes to their family members.
5. Family members of a law enforcement officer, a special government agency, a civil protection agency, and a military serviceman who died during their service may not be evicted from their occupied home without providing another home free of charge.
The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.
President of the Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases