Law on Social Protection - "Passed Law" from parliament site

[TBomb]

Law on Social Protection
February 25, 2014
The people in the name of
the presidency     
based on what passed the House of Representatives and approved by the President of the Republic and, according to the provisions of subsection (I) of Article (61) and item (iii) of Article (73) of the Constitution
Act as follows:
No. () for the year 2013
Law on Social Protection
Chapter I
Syriacs, definitions and goals
Article 1 - First: This Law shall apply to the following categories of families and individuals who are below the poverty line of Iraqis, and nationals of other countries residing in the Republic of Iraq permanent and continuous and legal aid in relation to social protection in those countries. And as follows:               
a. Needing a disability and special 
b. Widowed, divorced, wife lost, abandoned, old girl is married, unmarried.
c. Impotent
d. Orphan
e. Family guest or depositor if the period of his sentence for one year and has gained a ruling class final.
and - Beneficiaries in the role of the state inpatient.
g. juvenile convicts who increase their sentences for one year and has gained a ruling class final. 
i. student married until junior high school.
j. Or non-existent income households that have incomes below the poverty line.
text of the original
Second: The Council of Ministers upon the proposal of the Minister coverage of other categories of non-categories mentioned in the law.
article -2 - means the following terms have the meanings shown towards them:
First: Authority: The social protection .
Secondly, social protection: benefits and services provided by the Authority for the purpose of reducing poverty.
III family: a husband or wife or both of the boys, or the boys on their own or of the individual and the family members in the case of polygamy single-family 0 and when the death of a spouse form every widow family of stand-alone .
Fourth, minor children: sons dependents and girls Almaalat who are not older than 18 years old.
V. Orphan: Every child died and his parents or his father died and married his mother.
Sixth: absolute: every woman at least age 63 years divorced and did not remarry.
Seventh : widow: every woman under the age of 63 years and her husband died and did not get married after his death.
Eighth: abandoned: the woman abandoned by her husband.
original text
IX: impotent: Each person is unable to work permanently to secure living because of illness or old age, is by virtue of impotent from reached 60 years of age for men and 55 years for women.
Tenth: unmarried: unmarried women, which amounted to thirty-fifth birthday.
original text
eleventh: old girl unmarried: From reached eighteen years of age and was brought to the parents and have no breadwinner illegal.
twelfth: the poverty line: The amount of income an individual or family determined by the Ministry of Planning
thirteenth: a disability and need special is to be determined: In accordance with the provisions of the law of care for people with disabilities and special needs No. 38 of 2013, regardless of the age of the beneficiary.
article -3 - aims this law to:
First: to achieve a decent life for the people of the community.
Secondly, to contribute to the promotion of the values ​​of social solidarity.
Thirdly, ensure that the umbrella of social protection to all of the categories covered by its provisions.
Fourth: providing stability myself and material for individuals and their families, or their successors, and income security for individuals and their families in disability, disability and old age, death and loss of ability to work, providing a decent life.
Chapter II
the social protection
Article -4 - First, establish a body called (the social protection) enjoys legal personality and financial and administrative independence, represented by the President of the Commission or his nominee and linked to the Ministry of Labour and Social Affairs.
Secondly, the headquarters of the Authority in Baghdad and the open sections of the people for social protection in the governorates not organized in region.
Thirdly heads Authority Special Staff are appointed according to the law.
Fourth: The Director General of the Department of Social Protection First Deputy Chairman of the Commission, and the Director General of the Department of social protection for women as second deputy.
V. define the functions of the body system of the Council of Ministers.
article -5 - first : Board consists of the following configurations:
a. Department of Social Protection
b. Department of Social Protection for Women
c. circle of legal, administrative and financial
d. fund social protection
e. Information Technology Center
and. Department of Internal Audit and Control
g. Office of the President of the
h. Section citizens.
text of the original
Second manages configurations set forth in paragraphs (a / b / c / d / e) of paragraph (First) of this Article, an employee entitled director general holds a college degree, at least initially, and experienced and competent and has a service actual work in the field for at least (15) fifteen years.
Thirdly runs sections provided for in paragraphs (f / g / h) of paragraph (First) of this Article, an employee entitled director holds a college degree, at least initially, and with expertise and competence and his actual service in the field of work for not less than ten (10) years.
Fourth, determine the functions and divisions formations referred to in paragraph (First) of this Article bylaws issued by the President of the Commission. third quarter cash benefits and social services

Article 6 -
First: Every individual or family who are under the poverty line, the right to receive cash benefits and social services, according to the provisions of this law.
Secondly, is determined covered by the provisions of this law by targeting the demographic adoption of poverty data and social research annually using a special form prepared Commission in coordination with the Ministry of Planning.
Thirdly required to get cash benefits that do not receive Advanced salary from the state and has no special resource is sufficient, with the exception of the charges a daily fee.
Fourth: the body in order to perform its functions in determining covered by the provisions of this Act assigned number adequate social researchers from specialists in all sections of the Authority and the Ministry of Finance to provide the grades necessary to do so.
article -7 - grant categories set forth in item I of Article (1) the amount of the cash subsidy specified in the table attached to this law if you do not have income Van had a steady income, lending the difference between their income and the income level contained in the table if they meet the eligibility requirements, according to the number of family members.   
article -8 - First: The Commission shall provide cash subsidies granted according to the number of family members and under him subsidies provided in the table attached to this the law or the provision of social services for covered by the provisions of this law.
Secondly, offering a subsidy conditional cash to individuals or families covered by the provisions of this Act to ensure their access to social services in education, health, housing and other areas in coordination with the relevant authorities. 
Thirdly, determine the instructions issued by the head of the amount of upper and lower limits of the subsidy mentioned in item (ii) of this article and conditions of disbursement to the beneficiaries.
Article 9 - The Commission shall coordinate with ministries and relevant agencies to provide social services below to the individual or the family covered by the provisions of this law:
First, to assist in entering the labor market through:
a. vocational education and training and capacity building.
b. Assistance in obtaining a job or a loan or a grant to set up a small enterprise income-generating.
Secondly, in the field of education, health and housing.
Thirdly, to provide outreach programs to build family and social behavior.
Fourth, in the field of child care and small events and create an atmosphere of sound environmental them.
Fifth: training who are able to work covered by the provisions of this law in the ministries and departments not associated with the Ministry for the purpose of gaining experience, skill and entrench a culture of work. 
VI - the study of the conditions of family members and diagnosis who are able to work, at least partially, and involve them in the work to increase the resources of the family, and employ their abilities in building community and their integration in the labor market.
article -10 - First: The Director of the Department of Social Protection in the province to decide on the request for a subsidy reasoned decision within (30) thirty days from the date of registration in his office and he has to inform the applicant in writing the decision in the case of approval or rejection in the case of Non-audit are notified by registered letter attributed or email if any.
Secondly, the petitioner may appeal the decision of the Director of the Department of Social Protection during the thirty (30) days from the date Althblg him at the Supreme Committee for social protection in the province.
article -11 -
form a decision of the head of the body in the center of each province is a regular in the region of a higher committee called the Supreme Committee for Social Protection consists of:
First, a judge emeritus nominated by the Supreme Judicial Council president
Second: Director of Labour and Social Affairs in the province vice president
Third: Director of Census conservative member
Fourthly: A representative of the Office of the High Commissioner for Human Rights is a member
V. employee entitled social worker from the Department of Social Protection in the province, a member of
Article -12 - The Supreme Committee as follows:
First: control work in the departments of social protection, supervision and follow-up and submission of proposals to facilitate the procedures for inclusion of social protection. 
Secondly: deciding to veto the decisions of the Director of the Department of Social Protection to maintain a reasoned decision within (15) fifteen days from the date of receipt to it and it Report Interceptor written decision at the review and notified to the right to object and in the case of non-audit are reported to the registered address.
Thirdly: the distribution issue scheduled for each province, districts and areas affiliate according to the proportion of the population and poverty in the province.
Article -13 -
First: formed by a decision of the President of the Authority and in coordination with the conservative sub-committees in the administrative units of its subsidiaries consist of:
a. employee of the Department of Social Protection in the province. President 
b. social worker from the Department of Social Protection by
c. A representative of the unit Administrative Unit / employee member of the
Second Committee shall Mayati:
a. Received requests for inclusion of social protection. (Hardcopy or electronically)
b. Make sure there is the required documents, according to the instructions.
c. Send requests conforming to the department of social protection in the province under the signed statements.
d. Complete archives and missing information, verification of the absence of the breadwinner of the legitimate family, combined with the support of the local council in the area of housing.
Thirdly, the provinces and administrative units affiliated to provide the right place and the necessary supplies for the Sub-Committee mentioned in item (i) of this article to perform its functions.
article -14 - First: If the student subsidy is a minor or mentally ill or unable to work completely or ill prevents him from submitting the application or his comment or object to the decisions issued in this regard, Ffleris Supreme Committee for social protection in the absence of one of his relatives until the class fourth to request the appointment of a valuable or trustee decision of the competent court.
Secondly, does not accept the audit regarding social assistance is provided for in item (i) of this article, except under the agency certified by a notary public.
article - 15 -
First: covered by the provisions of This law that offers one year after the date of entitlement to the Sub-Committee in the province or the Department of Social Protection to maintain an annual statement from his family, financial, and according to the model, released by the body and if you do not submit the annual statement during the period mentioned stop the exchange subsidy by the injunction, and is thus of employee competent and if failed to review more than one year from the date of suspension without a legitimate excuse cut off his allowance shall be final and effective from the date stopped and the decision issued by the director of the department. 
Secondly, the covered subsidy social or family member to inform the Commission or the Department of Social Protection in the province during the (30 ) thirty days from the date of change in any of the following:
a. Switch in the place of residence of the family permanently.
b. The death of any member of the family.                                                                 
c. Any change in the family situation and financial would affect entitlement to benefit fully or partially.
Thirdly adjusted subsidy from the first of the month following the date on which got the change.
article - 16 - stop the exchange subsidy decision of the Director of the Department of Social Protection in the province in one of the cases the following:
First, leave the beneficiary of Iraq for more than six (6) months without a legitimate excuse.
Secondly reach orphan minor and not continue the study.
Thirdly, do not persist in one of the children covered by the study, except for university study.
Fourth, in the event of death and transferred the subsidy to widow covered.
V. When the demise of the reasons for inclusion Kalshfa full of sick or adulthood to be minor or marriage.
Sixth: For the family income or financial resource exceeds the amount of the subsidy granted
VII refused to join one of the colleges or institutions involved in the training and rehabilitation.
Eighth refused Joining submitted his protection programs for three times without a legitimate excuse.
article -17 - cut the subsidy a final decision of the Director of the Department of Social Protection in the province in one of the following cases:
First, if you lose one eligibility conditions stipulated in this law.
Secondly, if the submitted documents or documents proven or falsified information for the purpose of inclusion to the provisions of this Act or provided incorrect information form for the annual statement with the aim of continuing coverage of social protection.
Chapter IV
Social Protection Fund
Article - 18 -
First: establish a fund called (Social Protection Fund) is linked to the Authority, headed by an employee entitled director general holds a college degree, at least initially, and experienced and competent and his actual service in the field of work for not less than (15) fifteen years.
Second: The Fund is administered by the Board of Directors consists of:
A - Chairman of the President
b - Director General of the Department of Planning and Follow-up in the care of persons with disabilities and special needs as vice president.
c. director general of the Department of Social Protection member
d. director general of the Department of Social Protection for Women member
e. Director General of Social Protection Fund member and reporter
and. representative of the ministries and departments of the following rank of director general members of the
1 - and the Ministry of Finance.  
2 - Ministry of Education.
3 - Ministry of Health.
4 - The Ministry of Planning.
5 - Ministry of Justice.
6 - The Ministry of the Interior.
Thirdly: the Chairman of the Commission on the proposal of the Board of Directors to approve the representation of other parties in the Board of Directors.
Fourth, determine the functions and powers of the Board of Directors and the procedures for its operation and how to take decisions bylaws issued by the President of the Authority based on the proposal of the Board of Directors.
article -19 -
the original text
first: Fund revenues consist of the following:
a. financial allocations from the federal budget to the state.
b. Subsidies, grants and donations, according to the law
c. Half of the legacy and the legacy has not.
d. 1% of the profits of state-owned companies.               
AH. 0.0025 deducted from the salaries of state employees and taxpayers to public service.
and. Investment returns of the Fund.
g. 1% of tourism revenue.
Secondly: The Fund payments of social benefit for covered the provisions of this law. 
Thirdly, the Council of Ministers upon the proposal of the minister allocating a certain percentage of revenue fees and fines is recognized as income for the benefit of the fund.
Chapter V
Information Technology Center
Article -20 - found in body Information Technology Center recorded the statements of individuals and families and what they get from aid social protection of all kinds, and the data is updated this center by linking the databases of the device of the Central Organization for Statistics and Data ration card and the directorates of civil status and other stakeholders, and be responsible for the automation of work of the Commission .
article - 21 - based body of social protection in the development of policy and procedures is provided by the Information Technology Center of the data or indicators periodically
Article -22 - committed to governmental and non-governmental organizations to provide Information Technology Center in the body, including their disposal information and data relating to what I've spent or his disposal in cash or in kind to any individual or family.
article -22 -
committed to governmental and non-governmental organizations to provide Information Technology Center in the body, including their disposal information and data relating to what I've spent, or disposal of subsidies or social services in cash or in kind to any individual or family.
Chapter VI
General and Final Provisions
Article -23 - worth individual or family cash benefits and social services from the date of approval of the Director of the Department of Social Protection on demand fulfilled the conditions.
article -24 - the Council of Ministers to reconsider annually in the categories of beneficiary of social protection, and the number of family members and the amounts allocated to each individual, with the aim of inclusion other categories of non-categories mentioned in the law, and increase the number of individuals of beneficiaries and the amount of the subsidy and the level of income set forth in the table attached to this law commensurate with the change in the economic situation and living conditions.
Article - 25 -
First: student aid appeal before the Supreme Committee of its decision within thirty (30) days from the date of notification of the decision the aggrieved him or considered as a sum, and has the right to challenge it before the Administrative Court within (60) days from the date of rejection of the grievance fact or judgment, and the decision of the Administrative Court capable of discrimination in front of the Supreme Administrative Court within (30) thirty days from the date of Althblg him or considered as an amount.
Secondly exempt transactions provided by those covered by the provisions of this law from the fees all including legal fees.
article - 26 - Relive the amounts social protection network subsidy disbursed contrary to the provisions of this law according to the law of government debt collection (56) for the year 1977.
article -27 - may not waive the subsidy or seizure. 
Article -28 - First - treats Palestinian resident in Iraq since 1948, the treatment of Iraqi For the application of this law.
Secondly - The provisions of this law on Iraqi women married to foreigners and their children, as well as a foreign woman married to an Iraqi and her children in the case of stability to live in Iraq from the categories mentioned in item (i) of Article (1) of this Act.    
article - 29 - solve naming the Department of Social Protection instead of naming the Social Welfare Department and the designation of the Department of Social Protection for women instead of naming the Social Welfare Department for Women contained in the law of the Ministry of Labour and Social Affairs No. (8) of 2006 as amended.
Article -30 - First: repealed Part II and materials (4) and (5) and (99) and (101) of the Social Welfare Act No. (126) for the year 1980.
Secondly, repealed the decision of the Revolutionary Command Council (dissolved) No. (98) for the year 2000.
article -31 - does not work any provision inconsistent with the provisions of this law.
article - 32 - determine the mechanisms of action committees and how the session and workflow procedures where the instructions issued by the Chairman of the Commission.
article -33 - the head of the issuance of the necessary instructions to facilitate the implementation of the provisions of this law.
article -34 - This law shall be from the date of its publication in the Official Gazette. 
Reasons
        In line with the international systems in social protection and in order to improve the Iraqi society to the ranks of developed societies that provide them with their governments requirements and means of decent life, and in order to raise the standard of living for individuals and families below the poverty line and to find a system of social solidarity and the establishment of the social security system is working in the future, and to provide social services in the areas of education, health, housing, education and coordination with ministries and relevant agencies on providing them as much as it came out, and the preparation of able-bodied beneficiaries through training programs that will enable them to integrate into the labor market and in line with the provisions of the Constitution. 
                                      initiated this law

Annex
table roof social assistance

Family size

The amount of the monthly subsidy
1 (105000) one hundred and five thousand dinars
2 (210000) two hundred and ten thousand dinars
3 (315000) three hundred and fifteen thousand dinars
4 (420000) four hundred and twenty thousand dinars

 

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