Recognition of an illegal decision to refuse to provide targeted social assistance

 

No.6001-22-00-6ap/2733 dated 06/29/2023

Plaintiff: T.T.

Defendant: State Institution "Department of Employment and Social Protection of the city" (hereinafter referred to as the Department)

Interested parties: Russian State Institution "Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan", Russian State Institution "Department of State Revenue of the City"

The subject of the dispute: on the recognition of the illegal decision on the refusal to assign targeted social assistance dated January 25, 2022

Review of the defendant's cassation complaint

PLOT:

In October 2017, the marriage between T.S. and T.T. was dissolved, and they have five minor children.

On January 2022, T.T. submitted an application to the Office for the appointment of a TSA. On January 25, 2022, the defendant refused to appoint a TSA due to an overestimation of the average per capita income.

The plaintiff challenged this refusal in court.

Judicial acts:

instance: the claim is satisfied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

In accordance with paragraphs 1, 1-1, 1-2 of Article 2 of the Law of July 17, 2001 No. 246 "On State targeted social assistance", citizens of the Republic of Kazakhstan, Candace, refugees, foreigners and stateless persons permanently residing in the Republic of Kazakhstan with an average per capita income that does not exceed the poverty line have the right to targeted social assistance.

Since April 28, 2015, T.T. has been registered as an individual entrepreneur. From August 19, 2019 to January 26, 2022, the tax authority suspended the submission of tax reporting forms based on the plaintiff's application. On January 27, 2022, T. T. filed an application for termination of operations and submitted liquidation tax statements for the 1st quarter of 2022. On February 8, 2022, the plaintiff was removed from registration at the location of the individual entrepreneur.

According to the declarations filed by the plaintiff with the tax authority, the plaintiff has no income for the second half of 2019 and the first quarter of 2022.Also, the defendant did not provide the court with evidence of the plaintiff's income for the 4th quarter of 2021.

That is, the defendant has not proven an excess of the average per capita income.Since the circumstances of the case were established correctly by the local courts, and the norms of law were applied correctly by the courts, the judicial board did not find any grounds for revoking the disputed judicial acts.

 

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