The role of the welfare and protection sectors in ensuring the realization of the rights of children with disabilities.
From the parallel working sessions of the 4th Child Protection Forum in Tajikistan, 2013.
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Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan
1. Approved by the resolution of the Government of RT No.232 dated
May 3, 2010
Procedure for setting and payment of state benefits to children aged
under 16 infected with human immunodeficiency virus (HIV).
Saadi Mirzoev,
Deputy head, Department of economic affairs, head of unit for
planning of public expenditures and budget implementation, MLSP
of RT
2. Working Group
Finalization of the Draft "Procedure for payment of
state benefits to HIV-positive children aged under
16"
Once the draft was finalized it was submitted to the
Government of RT for final approval
JusticeFinanceLabor and Social
Protection
Health
Government
of RT
Government
of RT
RESOLUTION
No. 232 dated 03 May 2010
PROCEDURE FOR
SETTING AND PAYMENT OF STATE BENEFITS
TO CHILDREN AGED UNDER 16 INFECTED WITH
HUMAN IMMUNODEFICIENCY VIRUS OR
SUFFERING FROM ACQUIRED IMMUNE
DEFICIENCY SYNDROME.
Procedure for passing of the regulation
3. GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN
RESOLUTION
ON APPROVAL OF PROCEDURE FOR SETTING AND PAYMENT OF STATE BENEFITS TO CHILDREN
AGED UNDER 16 INFECTED WITH HUMAN IMMUNODEFICIENCY VIRUS OR SUFFERING FROM
ACQUIRED IMMUNE DEFICIENCY SYNDROME
dated 3 May 2010 No.232 Dushanbe
In accordance with article 15 of the Law of the Republic of Tajikistan "On combatting human
immunodeficiency virus and acquired immune deficiency syndrome" the Government of the Republic of
Tajikistan hereby resolves that:
1) The Procedure for setting and payment of state benefits to children aged under 16 infected with human
immunodeficiency virus or suffering from acquired immune deficiency syndrome shall be approved.
2) The monthly state benefit shall be set in the amount of the seven-fold calculation factor and the
payments shall start from 1 January 2011.
3) The Ministry of Health of the Republic of Tajikistan, Ministry of Labor and Social Protection of the
Republic of Tajikistan and local government authorities must take appropriate measures for the implementation
hereof.
4) The Ministry of Finance of the Republic of Tajikistan shall annually allocate funds to finance payments of
the state benefits to children aged under 16 infected with human immunodeficiency virus or suffering from
acquired immune deficiency syndrome.
Chairman of the Government
of the Republic of Tajikistan Emomali Rahmon
4. Payment Order
Minutes
Applicati
on
Ministry of Labor and
Social Protection
Put together
documents
General flow chart for payment of state benefits to HIV-positive children aged under 16 (hereinafterGeneral flow chart for payment of state benefits to HIV-positive children aged under 16 (hereinafter
"HPC")"HPC")
Local branch
of Amonatbonk
HIV/AIDS Center
Local financial bodies of
Executive Authority
Commission on
Child Rights
Ministry of FinanceRequisition
Allocates funds for
payment of the
state benefits for
the next fiscal
year
HPC's legal
representative
Local department (sector)
of labor and Social
Protection and self-
governance body
6. Sample
Appendix 1
Medical opinion, Series XXX No.000.000
Republican Center for prevention and combating of AIDS
hereby reports that during examination under the code
____________________________________
HIV positive result was returned
For (full name) ___________________________________________________________
Year of birth _______________________________________________________
Residing at the address: ________________________________________________
IFA No. __________________ dated ______________________________________
Immunoblot No. ______________ dated ______________________________________
In connection with the above, starting from _____________ 20___ he/she
was entered on the dispensary record at the AIDS center
(full name) __________________________________
With the diagnosis: _______________________________
7. HPC's legal
representatives
Step 2.Step 2. ApplicationApplication
Application
Puts together
documents
Medical
opinion
Department (sector) of
labor and social protection
under a local executive
body
8. The following documents should be appended to theThe following documents should be appended to the
application:application:
passport of the child's legal representative;
child's birth certificate;
local municipal statement of residence;
tear tag of the medical opinion form.
It is forbidden to request
additional documents.
9. Tear tag of the medical opinion form
series XXX No. 000000 (to be issued to the applicant)
The Republican Center for prevention and combating of AIDS) hereby certifies that citizen
(FULL NAME) _______________________________________
born on ______________________________________
has the right to be allocated the state benefits in accordance with the resolution
of the Government of the Republic of Tajikistan No. _____________ dated ___________
2010.
Citizen _________________________________________________ serves as his/her
legal representative.
Head of reference laboratory
AIDS Republican Center
Head of Dispensary
Department, AIDS Republican Center
Director ________________
Stamp here
10. Step 3.Step 3. MinutesMinutes
The application and other documents are submitted for review to the
Commission on Child Rights
Minutes
Commission on Child
Rights
Application and
other documents
Department (sector) of labor
and social protection under a
local executive body
11. Sample of minutes of the Commission on Child Rights
of ___________________________ district (city)
dated _____________________ 20__ No. _______________
On allocation of state benefits
The Commission on Child Rights, to promote enjoyment of rights and ensure social protection of the child, upon
reviewing the documents submitted by the department of social protection, hereby resolves that:
1. The state benefits be allocated to the children under 16 in compliance with the Resolution of the Government of
the Republic of Tajikistan
No. _______ dated ______________ 2010. The persons listed below who are legal representatives of the
beneficiaries shall be appointed recipients of the benefits.
2. The benefits shall be payable at ______________________ (indicate banking institution) starting from
____________________ (indicate starting date for benefit payment) at the standard rate.
3. The department of social protection shall ensure timely payment and intended use monitoring of the state
benefit amounts.
Signatures of the Commission members:
____________________________
____________________________ stamp here
Beneficiary's code (ID
number)
Full name and passport details of the legal
representative
Benefit amount
12. Step 4.Step 4. Financial requisitionFinancial requisition
Based on the minutes departments of labor and social protection under
local khukumats put together a financial requisition indicating the number
of recipients of the state benefits for the next period and submit it to the
Ministry of Labor and Social Protection of the Republic of Tajikistan
Ministry of Labor and
Social Protection
Department (sector) of
labor and social
protection under a local
executive body
13. Financial requisition for payment of state benefits to children aged under 16Financial requisition for payment of state benefits to children aged under 16
infected with HIV/AIDS for __________________ (city/district)infected with HIV/AIDS for __________________ (city/district)
No. Average annual
number of
recipients
in the year
Payment
amount
per month
in the year
Expected
number of
recipients
in the year
Amount
required
for
payment
of benefits
per month
Required
amount of
expenditur
es per year
Beneficiar
y's name
and
settlemen
t account
1 2 3 4 5 6 7
14. Ministry of Labor and
Social Protection
Step 5.Step 5. Consolidated annual requisitionConsolidated annual requisition
Based on the submitted requisitions the Ministry of Labor and Social Protection of
the Republic of Tajikistan puts together a consolidated annual requisition for
financing broken down by administrative districts and quarters and submits it to the
Ministry of Finance of the Republic of Tajikistan.
Ministry of Finance
Allocates funds for
payment of the state
benefits for the next fiscal
year
15. Step 6.Step 6. Record-sheet of benefit allocationRecord-sheet of benefit allocation
Based on minutes of local commissions on child rights local social protection bodies
draw up a record-sheet of benefit allocation and, upon its certification, submit it to
finance departments (units) of local executive authorities (hereinafter "local finance
authorities) for allocation of funding.
Local financial bodies of
Executive Authority
Ministry of Finance
Department (sector) of
labor and social protection
under a local executive body
16. Record-sheet of benefit payment
for __________ month 20_____ in ________________________
(indicate city, district)
ID number of the
recipient (person to
whom the benefit is
allocated)
FULL NAME
of the legal
representative
(person receiving)
Amount Payment date Signature of
receipt
1
2
3
4
5
6
7
17. Step 7.Step 7. Payment OrderPayment Order
Local finance authorities ensure provision of funding for payment of the
benefits by submitting a payment order to a local branch of the State
Savings Bank of the Republic of Tajikistan "Amonatbank" (hereinafter
"local branches of SSB Amonatbank").
Local branch
of Amonatbonk
Local financial bodies of
Executive Authority
18. Step 8.Step 8. DisbursementDisbursement
Disbursement is made to the benefit recipient's
legal representative in accordance with the
record-sheet.
Local branch
of Amonatbonk
Benefit
disbursement
HPC's legal
representatives
19. Step 9.Step 9. ReportingReporting
Local branches of SSB Amonatbank provide reports regarding actual
disbursements of benefits and unpaid amounts to local social protection
bodies on a quarterly basis.
Local branch
of Amonatbonk
Report on
actual
disbursements
of benefits
Report on
actual
disbursements
of benefits
Local social
protection unit
20. Report on actual disbursements of state benefits
for ________________ in __________________________________
(indicate period) (city, district)
Date Funds received for
the period, including
1 month, 2 months,
3 months
Months, amount
Amounts spent for
disbursement of
benefits in
accordance with
record-sheets
(indicate record-
sheet numbers)
Balance of funds
for payment of
benefits
Amount
Information about
persons who did not
receive benefits (full
name, month of non-
receipt)
21. Step 10.Step 10. Reconciliation actReconciliation act
Local social protection bodies must draw up, at least once per
quarter, a reconciliation act together with local branches of SSB
Amonatbank with regard to actual payments of state benefits.
Local branch
of Amonatbonk
Reconciliation
act
Department (sector) of
labor and social protection
under a local executive
body
22. Commission on Child
Rights
Monitoring and controlMonitoring and control
Control over allocation and disbursement of state benefits is
assigned to the State Service for Supervision in the Sphere of
Labor, Employment and Social Protection under the Ministry of
Labor and Social Protection of the Republic of Tajikistan.
State Service for Supervision in the
Sphere of Labor, Employment and
Social Protection
Local branch
of Amonatbonk
Local financial bodies of
Executive Authority
Department (sector) of
labor and social protection
under a local executive
body
23. In the event of allocation of the state
benefits to several members of one family
the benefits should be allocated to each
family member separately.
Benefits
24. Right to confidentialityRight to confidentiality
CODES
RESPONSIBILITY
•If information about recipient of the state benefits which, according to the
current legislation must be confidential, should be divulged staff of
respective public authorities who had access to such information in the
course of implementation of their duties as well as other persons hindering
receipt of the state benefits shall be brought to responsibility in accordance
with the legislation of the Republic of Tajikistan.
25. Administrative actionAdministrative action
In the event of misuse of amounts allocated for
payment of state benefits or other violations of
child rights on the part of legal representatives
the local Commission on Child Rights may
cause suspension of the benefit payments and
change of person acting as legal representative
of the child-recipient of the state benefit.
26. Statistics as of 1 June 2013 (source:Statistics as of 1 June 2013 (source:
Republican AIDS Center, MLSP RT)Republican AIDS Center, MLSP RT)
Overall 311 HIV-positive children under
16 have been registered including 28
children who died.
Vouchers for receipt of the state benefits
were issued to 160 HIV-positive children.
27. ProblemsProblems
Strengthen interagency coordination (annual projection of
new HIV cases among children, record-keeping and timely
preparation of lists of deceased persons and families who
migrated to other districts or left the country)
Simplify the financing mechanism and streamline monthly
payments of the state benefits
On account of restructuring of units under MLSP payments
of the social benefits were suspended for 6 months in
2012.
There are cases when parents refuse to receive the
benefits (saying that they do not need them or for fear of
stigmatization)
28. THANK YOU FOR YOURTHANK YOU FOR YOUR
ATTENTIONATTENTION