Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

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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.

Published in: Health & Medicine
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Presentation by Mr. Saadi Mirzoev, Head of Department of Labor and Social Taxes, MLSP, Tajikistan

  1. 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. 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. 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. 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
  5. 5. AppealAppeal Local HIV/AIDS Center HPC's legal representatives Step 1.Step 1. AppealAppeal
  6. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 28. THANK YOU FOR YOURTHANK YOU FOR YOUR ATTENTIONATTENTION 

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