1.3. Legal mechanisms for the provision of state social assistance
Social assistance in the United States, as we have already noted, is provided in accordance with Federal Law No. 178-FZ of July 17, 1999 "On State Social Assistance" (hereinafter - the Law on Social Assistance). The specified law establishes legal and organizational bases of rendering of the state social help to needy families or poor living single citizens and other categories of citizens.
The subject of regulation of the Law on Social Assistance is not relations related to the provision of benefits to citizens and social support measures established by US law.
Basic concepts used in the Law on Social Assistance:
o State social assistance - provision of social benefits, social benefits to pensions, subsidies, social services and vital goods to low-income families, low-income single citizens, and also to other categories of citizens;
o social benefit - free granting of a certain amount of money to citizens at the expense of the corresponding budgets of the budgetary system of the United States;
o subsidy - a purposeful full or partial payment of social services provided to citizens;
o a set of social services - a list of social services provided to certain categories of citizens in accordance with the Law on Social Assistance;
o social supplement to a pension - the granting of a monetary amount to a pensioner for a pensioner, taking into account cash payments and certain social support measures provided in kind, which are stipulated by the Law on Social Assistance, other federal laws, laws and other regulatory legal acts subjects of the USA, up to the subsistence minimum of the pensioner established in accordance with cl. 4 of the Federal Law of October 24, 1997 No. 134-FZ "On the subsistence level in the United States" in the United States at the place of his residence or place of stay, at the expense of the corresponding budgets of the US budget system. A social supplement to a pension consists of a federal social supplement to a pension or a regional social supplement to a pension.
When applying the law in question, it is necessary to refer to federal laws No. 134-FZ of October 24, 1997, "On the subsistence minimum in the United States," October 6, 2 00 3, No. 131-FZ "On the general principles of organization local government in the United States. "
State social assistance is provided for:
o maintaining the standard of living of low-income families, as well as low-income living alone citizens whose average per capita income is lower than the subsistence minimum established in the relevant constituent entity of the United States;
o targeted use of budgetary funds;
o strengthening the targeting of social support for needy citizens;
o creating the necessary conditions for ensuring universal accessibility and socially acceptable quality of social services;
o reducing the level of social inequality;
o increase in income of the population.
Under the jurisdiction of the United States in the field of state social assistance are (Article 4 of the Law on Social Assistance):
o Adoption of federal laws and other regulatory legal acts of the United States on the establishment of the basis for legal regulation in the field of state social assistance;
o Development and implementation of federal programs to provide citizens in the United States with state social assistance by providing subsidies for the payment of social services provided to citizens;
o the establishment of types of state social assistance, which must be provided in the United States, including the establishment of a federal social supplement to a pension.
The powers of the United States in the sphere of rendering state social assistance in the form of a set of social services transferred to state bodies of the US subjects include the following powers to organize the provision of citizens included in the Federal Register of Persons Eligible for State Social Assistance, and who have not refused to receive the social service provided for by Clause 1 Part 1 of Art. 6.2 of the Law on Social Assistance, Medicinal Products, Medical Devices, and Specialized Products of Nutrition for Disabled Children:
1) the organization of placing orders for the supply of medicines, medical products, as well as specialized products of therapeutic nutrition for children with disabilities;
2) the conclusion on the results of the placement of government orders for the supply of medicines, medical products, as well as specialized products of therapeutic nutrition for disabled children with relevant government contracts;
3) organization of provision of the population with medicinal products, medical products, as well as specialized products of therapeutic nutrition for disabled children, purchased under state contracts.
Funds for the implementation of these powers are provided in the form of subventions from the federal budget.Powers of the state bodies of the United States entities in the field of rendering state social assistance (Article 5): adopt laws and other normative legal acts that determine the size, conditions and procedure for appointing and paying state social assistance to low-income families, low-income lonely citizens, rehabilitated persons and persons recognized as victims of political repression and other categories of citizens provided for by the Law on Social Assistance, and also develop and implement state-owned regions on the provision of state social assistance in the form of a set of social services, social benefits and subsidies to citizens residing on the territory of the United States.
Providing (providing) state social assistance in accordance with regulatory legal acts and regional programs of US entities, including providing social benefits in the form of a set of social services and subsidies, is an expenditure obligation of US entities.
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