Article 238. Suspension, resumption and termination of payment of the state social benefit in case of loss of the breadwinner of the Social Code of the Republic of Kazakhstan
1. Payment of state social benefits in case of loss of breadwinner is suspended from the first day of the month following the month of receipt of information, including from digital systems, about:
1) the absence of expenditure transactions for three or more months in the recipient's bank account. At the same time, the payment of the state social benefit in case of loss of the breadwinner is resumed from the date of suspension.;
2) expiration of the validity period of the identity document of a foreigner or a stateless person, the certificate of candace. At the same time, payment of the state social allowance in case of loss of the breadwinner is resumed from the date of issuance of the identity document of a foreigner or a stateless person permanently residing in the territory of the Republic of Kazakhstan, the certificate of candace;
3) the availability of a supporting document on the conduct of operational search measures to search for an unknown missing person or a court decision recognizing the person as missing in relation to the recipient and (or) dependents. At the same time, the payment of the state social benefit in case of loss of the breadwinner is resumed from the date of termination of operational search measures to search for the missing person or the entry into force of a judicial act on the cancellation of a court decision recognizing the person as missing, but not earlier than the date of suspension.;
4) deprivation or restriction of parental rights, invalidation of the decision on adoption or its cancellation. In this case, the state social benefit for the loss of the breadwinner is paid to the person appointed by the guardian (trustee) from the date of suspension. In case of restoration of parental rights, payment of the state social benefit in case of loss of the breadwinner is resumed from the date of entry into force of the court decision on restoration or cancellation of restrictions on parental rights.;
5) the release or removal of a guardian (trustee) from performing his duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, the state social benefit in case of loss of the breadwinner is paid to the person appointed by the guardian (trustee), or to the person restored to the status of guardian, from the date of suspension.;
6) identification of the fact of transfer of mandatory pension contributions, mandatory professional pension contributions to individual pension accounts of persons recognized as missing or declared dead, or receipt of information confirming the fact that a citizen is alive. At the same time, if the fact that a citizen is alive is confirmed, the payment of the state social benefit for the loss of the breadwinner is terminated, in case of non–confirmation, the payment of the state social benefit for the loss of the breadwinner is resumed from the date of suspension.;
7) identification of the fact of employment of persons engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner. At the same time, if the fact of employment is not confirmed, the payment of the state social benefit in case of loss of the breadwinner is resumed from the date of suspension.;
8) deduction of the recipient of the state social benefit in case of loss of a breadwinner over the age of eighteen from the educational organization. At the same time, the payment of state social benefits in case of loss of breadwinner is resumed from the date of resumption of full-time education in educational institutions.;
9) revealing the fact of loss or renunciation of citizenship of the Republic of Kazakhstan before obtaining a residence permit for a foreigner. At the same time, the payment of the state social benefit in case of loss of the breadwinner is resumed from the date of suspension, but not earlier than the date of obtaining a residence permit for a foreigner.;
10) identification of the fact of receiving a survivor's pension outside the Republic of Kazakhstan. At the same time, the payment of state social benefits in case of loss of the breadwinner is resumed from the date of suspension upon repayment of excessively credited (paid) pension amounts in the country of retirement.
2. Payment of the state social benefit in case of loss of the breadwinner is resumed upon application on the basis of documents and (or) information obtained from digital systems confirming the expiration of the circumstances that caused the suspension of payment of benefits.
3. Payment of the state social allowance in case of loss of the breadwinner is terminated from the first day of the month following the month of admission.:
1) information about death, including from digital systems;
2) request the case of the recipient of the benefit from the authorized body of the country of departure;
3) applications from the recipient of the benefit for termination of payment of the benefit with the submission of a document confirming its removal from registration with the internal affairs bodies;
4) information on the identification of the fact that the recipient of the benefit has moved to a permanent place of residence outside the Republic of Kazakhstan, including from digital systems;
5) information on the identification of the fact that the applicant submitted false information that led to his unjustified appointment.
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
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