Tiborszállás Község Önkormányzata Képviselőületének
acting under its powers
THE MAYOR OF
4/2021 (III.11)
municipal decree
On municipal assistance and other social benefits
The Mayor!
The decision making is ensured by the Mayor of Tiborszállás Municipality, acting in accordance with the competence of the Representative Body of the Municipality of Tiborszállás pursuant to the Act CXXVIII of 2011 on disaster management and the amendment of certain related acts, § 46.Act III of 2011 on Local Self-Government and Social Welfare, acting within the scope of the powers conferred upon it by Act CLXXXIX of 2011 on Local Self-Governments of Hungary, Act 13 (1), paragraph 8, point 8 of Section 13 and Article 32 (2) of the Fundamental Law, hereby decrees the following:
- §.
Procedural provisions
(1) The scope of the Regulation shall extend to persons residing or staying in the territory of the municipality of Tiborszállás.
(2) Unless otherwise provided, the powers provided for in the Regulation shall be exercised by the body of representatives.
(3) The interpretative provisions applicable to all social benefits regulated by the Decree and the general procedural rules are laid down in Articles 4-16 of Act III of 1993 on Social Administration and Social Benefits (hereinafter referred to as the Act).
(4) The specific procedural rules applicable to a particular benefit shall be determined in relation to that benefit.
(5) The procedural rules on social administrative procedure shall be applied in accordance with Paragraph (1) of Article 5 of the Social Act.
(6) The procedure:
- a) on written application to the local government office, or
- b) ex officio
to initiate.
(7) The application may be submitted continuously throughout the year, together with the documents - certificates, declarations - specified in the legislation or in this Regulation, to the secretariat of the Tiborszáll Branch Office of the Mikkeli Joint Self-Government Office.
(8) Proof of the existence of the property condition specified in the Decree shall be furnished by submitting a declaration of property in accordance with Annex 1 of Government Decree No. 63/2006 (27.III.) on the detailed rules for the application for, the determination and the payment of social benefits in cash and in kind. Part II of the declaration of assets must be filled in for the category of persons specified for the benefit in question, except for the information text on the form.
(9) In the case of incomplete applications, a request for a rectification of the deficiency shall be made within 8 working days of receipt of the application.
(10) The applicant shall certify the income data indicated in the application or in the documents submitted as annexes thereto in accordance with Article 10 of the Social Code.
(11) Cash benefits are paid by transfer.
(12) The mayor shall have the right, in situations which he/she considers to be extremely justified, to give an order for the payment of cash benefits from the household cash box.
(13) Regular cash municipal allowances shall be paid in arrears by the 5th of each month.
(14) Ad hoc municipal cash benefits shall be paid until the date specified in the decision.
(15) The person concerned shall be entitled to the regular municipal allowance from the date specified in the decision granting the allowance, with the full amount of the monthly allowance being paid in the month in which entitlement begins.
- §.
Cash benefits
(1) The body of representatives of the municipality shall grant settlement subsidies to the beneficiary on the basis of this decree.
(2) Forms of settlement assistance in cash:
- a) ad hoc municipal aid:
- aa) municipal subsistence allowance,
- ab) municipal medicine allowance,
- ac) municipal funeral allowance;
- ad) municipal aid to repair damage caused by natural disasters,
- ae) municipal childcare allowance;
- af) support for World Day of Older People, Christmas and blood donations
- ag) exceptional municipal aid in the event of an emergency
- b) regular municipal allowance:
- ba) municipal housing maintenance allowance.
- §
Benefits in kind
(1) The municipality may, subject to the conditions, provide for a social assistance
provides benefits in kind.
(2) Benefits in kind dependent on social need:
a)Public burial.
- §
Personal care benefits
(1)The municipality shall provide the following forms of personal care for the needy, on the basis of a care contract with the Greek Catholic Church:
a)Catering
(2)The municipality shall ensure, through a social institution established by a partnership agreement, the following.
- a) home help
- b) family support
- c) signalling home help
social services.
Jurisdiction provisions
- §
(1) The Assembly delegates to the Mayor the powers relating to the following matters:
- a) ad hoc municipal aid
- aa) exceptional municipal aid in the event of an emergency
- b) regular municipal grants
- ba) municipal housing maintenance allowance.
- c) public burial.
Cash benefits dependent on social need
- Ad hoc municipal grants:
- §.
- Municipal subsistence allowance
(1) A person who is unable to provide for the subsistence of himself/herself or his/her family in any other way and whose family income per capita does not exceed 350 % of the current minimum amount of the old-age pension for a family member or 400% for a single person shall be entitled to a municipal subsistence allowance.
(2) The applicant must justify his/her need for municipal subsistence allowance in his/her application.
(3) The maximum amount of a one-time ad hoc municipal subsistence allowance is HUF 20,000.
- §.
- Municipal medicine subsidy
(1)A person who has a subsistence problem due to medication expenses or expenses related to illness shall be entitled to a municipal medication allowance with regard to medication expenses.
(2)An ad hoc municipal medicine allowance may be granted up to two times in a calendar year.
(3)An applicant shall be entitled to a case-by-case municipal medicine allowance if.
- a) the per capita income of the family does not exceed 200 % of the minimum old-age pension, and
- b) your expenditure on medicines or sickness-related expenses reaches or exceeds HUF 10,000 per month within two months before the date of application.
(4)Expenditure under paragraph (3)(b) shall be supported by invoices.
(5) The maximum amount of a one-time ad hoc municipal medication allowance is HUF 5,000.
- §.
- Municipal funeral allowance
(1) A person whose own or his/her family's subsistence is endangered by the bearing of funeral expenses shall be entitled to a municipal funeral allowance with respect to funeral expenses, regardless of whether or not the deceased person was a relative obliged to bury or maintain the deceased person.
(2) The payment of funeral expenses pursuant to paragraph (1) shall endanger the subsistence of the applicant who undertakes the burial if the per capita income of his/her family does not exceed 400 % of the current minimum amount of the old-age pension.
(3) A municipal funeral allowance may be applied for to cover the costs of the funeral.
(4) The amount of the grant shall be fixed per application, ranging from 10 to 100 % of the amount of the cheapest funeral costs in the locality. The cheapest funeral cost in the locality is HUF 100000.
(5) The applicant shall attach to his/her application the original of the invoice issued in the name of the applicant or his/her close relative living at the same address, and the death certificate.
- §.
- Municipal aid for disaster relief
(1)A person who, as a result of the damage caused by the damage, is in an exceptional situation threatening his or her subsistence shall be entitled to municipal assistance in respect of damage to property.
(2)Damage caused by fire, explosion, storm, other than storm, landslide, subsidence, earthquake, flood, etc.
(3) The maximum amount of aid per application is HUF 50000. Only one grant may be awarded per property per year.
(4) According to paragraph (1), an extraordinary situation threatening subsistence exists if
- a) the applicant has suffered damage to the property in which he/she lives, and
- b) the applicant does not own, or have a beneficial interest in, any other property owned by him/her or his/her family, which would enable him/her to live there, and
- c) the applicant and his/her family do not have significant movable and immovable property - up to HUF 1000000 - and
- d) the per capita income in your family does not exceed 250 % of the minimum old-age pension,
(5) Within 8 days of receipt of the application, the notary of the local government office or an employee designated by the notary shall conduct an on-site inspection of the property concerned by the application. The applicant shall be required to cooperate with the on-site inspection. Failure to cooperate will result in the application being rejected.
(6) The applicant shall attach to his application the declarations referred to in points (b) to (d) of paragraph 4.
(7) An application shall be rejected if the applicant or a person in his/her family
a) intentionally caused the damage,
- b) did not participate or did not participate adequately in the prevention or mitigation of the damage in the circumstances and to the extent of its possibilities.
(8) The body of representatives of the municipality shall decide on the granting of municipal aid applied for in respect of damage caused by natural disasters within 20 days of receipt of the application.
(9) In the decision granting the aid, the beneficiary shall be required to account for the use of the aid for the purpose for which it was granted, by means of an invoice in his name or in the name of a member of his family, within a time limit not exceeding 3 months.
(10) If the beneficiary has not used all or part of the aid for the purpose for which it was granted or fails to comply with the obligation to pay the aid within the time limit, a decision shall be issued requiring him to repay the aid.
- §.
- Municipal childcare allowance
(1) A person who is in a situation threatening his or her subsistence due to occasional additional expenses related to the upbringing of children and therefore needs financial assistance shall be entitled to a municipal child-raising allowance.
(2) An application for aid under paragraph (1) may be made
- a) education, or
- b) by an expectant mother in crisis, to keep her baby, or
- c) to prepare for the reception of the child, or
- d) maintaining contact with the foster child's family and helping the child to be reunited with his or her family
the financial support needed.
(3) An applicant for assistance under paragraph (1) is in a situation threatening subsistence if the per capita income of his/her family does not exceed the minimum amount of the old-age pension of 350% for a family living together or 400% for a single person.
(4) An application under paragraph (2)(a) shall be accompanied by the child's certificate of attendance at school or a certificate of enrolment at school.
(5) For an application under paragraph (2)(b) or (c), the applicant shall submit a medical certificate attesting to the pregnancy or, in the case of paragraph (2)(c), the birth certificate of the child already born.
(6) An application under paragraph (2)(d) shall be accompanied by the decisions relating to the taking into care.
(7) The municipal child-raising allowance shall be granted on a case-by-case basis. The allowance may be granted up to three times in a calendar year.
(8) The maximum amount of the one-off ad hoc municipal child-raising allowance is
- a) in the case of an application submitted for a reason under paragraph (2) a), HUF 5,000 for a primary school child, HUF 10,000 for a secondary school child, HUF 20,000 for a college or university student.
- b) HUF 20000 in the case of an application submitted on the grounds referred to in points (b) and (c) of paragraph (2),
- c) HUF 5000 in the case of an application submitted on the grounds referred to in paragraph (2)(d).
(9) A decision on the application shall be taken within 30 days of receipt of the application.
- §.
Support for World Day of Older People, Christmas and blood donations
- The Assembly may ex officio, irrespective of income, grant aid to persons in social need
- On the occasion of Christmas for residents of Tiborszállás;
- to persons who voluntarily participate in blood donations organised by the Hungarian Red Cross in the municipality.
(2) The subsidy shall be granted by the Assembly once a year in cash or in kind, up to a maximum amount:
- in case of paragraph 1) a) 5.000.-Ft
- in case of paragraph 1) b) 3.000.-Ft.
(3) The Assembly may, upon request, grant a subsidy for socially deprived persons on the occasion of the World Day of Older Persons to a person over 60 years of age with permanent residence in Tiborszállás. The maximum amount of the grant is 5.000.-Ft.
- §.
Exceptional municipal assistance in the event of an emergency
- The mayor may, ex officio, regardless of income, in the case of an emergency, grant aid to socially needy residents of Tiborszáll, regardless of income, if the Government of Hungary declares an emergency due to a mass disease threatening the safety of life and property.
- In the event of an emergency, the extraordinary municipal aid is granted in kind in the form of a food parcel with a minimum value of 3.000.-Ft and a maximum value of 5.000.-Ft/parcel/resident.
- In the event of an emergency, a maximum of one person is eligible for the exceptional municipal assistance in respect of a property in Tiborszállás, regardless of the number of persons and families living in the property.
- Regular municipal aid:
- §
1.Municipal housing maintenance allowance
(1) A household in social need which has significant monthly housing maintenance expenses and fulfils the other conditions set out in this Regulation shall be entitled to municipal housing maintenance allowance.
(2) For the purposes of paragraph (1), a socially deprived household is a household where the per capita income of the household does not exceed 350 % of the current minimum old-age pension for a family living alone or 400% for a single person and none of the household members has any assets.
(3) The applicant must submit an invoice to support the application, which must include proof of monthly housing maintenance expenses.
(4) The following housing maintenance expenses may be taken into account in the assessment of the application: electricity, water, gas, garbage, rent, rent for subletting and fuel.
(5) For the purposes of paragraph (1), monthly housing maintenance is significant if monthly housing maintenance expenditure amounts to 20 % of the per capita income.
- §.
(1) The municipal housing maintenance allowance may be granted on a monthly basis, up to the last calendar day of the year in which the application is submitted, for a maximum period of one year.
(2) The maximum amount of the regular settlement housing maintenance allowance per month is HUF 5,000.
Benefits in kind dependent on social need
15.§.
Cemetery
(1) Only the cheapest funeral of the lowest standard may be arranged at public expense.
(2) If the deceased person has left movable or immovable property from which the funeral expenses may be recovered, the funeral expenses shall be registered as a credit against the estate with the competent notary or the person obliged to be buried shall be obliged to reimburse the expenses of the public funeral, from which the mayor may exempt the person obliged to be buried in the case of circumstances deserving special consideration.
(3) In the application of this §, it shall be deemed a circumstance deserving special consideration if the per capita income of the family of the person to be buried is less than the minimum amount of the old-age pension, or one and a half times the amount of the old-age pension in the case of a single person.
16.§.
Personal care benefits
(1)The Municipality of Tiborszállás, on the basis of a supply contract with the Greek Catholic Church, shall provide the following services.
- a) catering
social services;
(2)The Satu Mare Sub-regional Social Basic Service Centre of Nagyecsed shall provide in the administrative territory of Tiborszállás the following services
- b) home help
- c) family support
- d) signalling home help
social services.
- §.
Catering
(1) The provision of hot meals shall be provided at least once a day to socially deprived persons who are unable to provide them for themselves or for themselves and their dependants on a permanent or temporary basis and who
- who reaches the age of 65 in the current year, or
- disabled ( 67% or disabled with 100%) or
- your health condition (long-term sick (more than 6 months) or bedridden and unable to care for yourself) or
- you are disabled
- a psychiatric or addiction patient or
- homeless.
Final provisions
- §.
- The Regulation will enter into force on 11 March 2021.
- It expires:
a) Municipal Decree No. 2/2015 (II.11) on settlement support and other social benefits
b) Municipal Decree No. 8/2015(XI.7) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
c) Municipal Decree No. 5/2016 (IX.20) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
d) Municipal Decree No. 12/2018 (XII.08) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
e) Municipal Decree No. 1/2019(I.31) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
f) Municipal Decree No. 1/2020(I.28) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
g) Municipal Decree No. 9/2020(IX.30) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits
h) Municipal Decree No. 12/2020(X.26) amending Municipal Decree No. 2/2015 (II.11) on municipal assistance and other social benefits.
Tiborszállás, 10 March 2021.
| Tulbura Gábor sk. | Tóthné dr Nagy Anita sk. |
| mayor | notary |
Tiborszállás, 10 March 2021.
| Tulbura Gábor sk. | |
| mayor |
