scholarly journals Concept and System of Social Assistance Agreements

2020 ◽  
pp. 137-155
Author(s):  
Nadiia CHUDYK-BILOUSOVA
Keyword(s):  
Foster Care ◽  
Social Security ◽  
Social Services ◽  
Standard Form ◽  
Social Assistance ◽  
Family Care ◽  
Family Type ◽  
Family Status ◽  
Life Circumstances ◽  
The Right

The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.

Right to Family Environment

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Foster Care ◽  
Juvenile Justice ◽  
International Law ◽  
Family Environment ◽  
Family Type ◽  
Law Reform ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Institutional Services ◽  
The Right

Institutionalization of children has to be the last resort. It is the right of a child to a family or in the alternative to family type non-institutional services, such as adoption, foster care, and sponsorship. This chapter commences with tracing the evolution of adoption in history, mythology, and religion. It critically examines Indian adoption laws, such as the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Provisions in the Juvenile Justice Act, 2015, and the CARA guidelines and Procedures, 2015. Select judgements of the courts in India on adoption and surrogacy is also included. Surrogacy Regulation Bill, 2016 is discussed. International law, instruments, and protocols relating to adoption and surrogacy in some other countries are dealt with. It suggests law reform in the areas of adoption and surrogacy. A brief description of non-governmental organizations, government initiatives, programmes, and schemes dealing with non-institutional services are included.

The imrovement of social allowance perspectives on social security law

2021 ◽  
Vol 15 (2) ◽  
pp. 113-115
Author(s):  
Səbinə Eldəniz qızı Şirinova ◽  
Keyword(s):  
Social Security ◽  
Social Welfare ◽  
Social Services ◽  
Social Assistance ◽  
Labor Rights ◽  
Spiritual Needs ◽  
Social Law ◽  
The Social ◽  
The Republic ◽  
The Government

This article accounts for the idenfication of perspectives of the enhancement of the social law regarding the social assistance payments. Enhacing citizens' social welfare, creating the environment for the fulfillment of their material and spiritual needs and solving the issues related to the social security are the priorities of the social policy of the Republic of Azerbaijan. Over the recent years the successful uptrend of development has been maintained in all directions, the application of all social programmes, enhancement of citizens' social security, involving socially sensitive groups of citizens in the social care of the government, the security of their labor rights, the arrangement of active employment events and dedicated acts in other fields, pension and social distribution, the reforms regarding the enhancement of medical-social examination systems have been proceeded successfully. In this regard, we consider that some changes to the legislative statements regarding the social assistance payments should be done. As social assistance payments have a dynamic nature, regular enhancements on the legislative statements should be done. Key words: social services, enforcement of citizen's social welfare, social assistance payments, the perspectives of enhancing the law regarding social assistance payments

Policies, Laws and Schemes Supporting Foster Care and Adoption in South Asia

2021 ◽  
pp. 234930032110011
Author(s):  
Ratna Saxena ◽  
Bhavyaa Bhardwaj
Keyword(s):  
Foster Care ◽  
South Asia ◽  
Social Services ◽  
Physical Violence ◽  
Well Being ◽  
Care Environment ◽  
Out Of Home Care ◽  
Adequate Care ◽  
Inadequate Care ◽  
The Right

Families are the natural environment for children to grow. Children have the right to be cared for by their parents; parents have a responsibility to provide for their children’s upbringing and development. States have the responsibility to provide special protection and assistance to millions of children in South Asia who no longer have families, who have become separated from their families, or whose families represent a serious danger to their health or development. There is a spectrum of services available to children whose parents no longer provide adequate care, known as Out of Home Care or Alternate Care. There are growing concerns about the situation of children outside parental care and the provision of suitable alternatives in South Asia. These children often find themselves at a high risk of violence, exploitation, abuse and neglect, and their well-being is often insufficiently monitored. An inadequate care environment can impair a child’s emotional and social development, and leave children extremely vulnerable to abuse and exploitation, including sexual abuse and physical violence. Across the South Asian region, the combined impacts of widespread poverty, prolonged armed conflict, frequent natural disasters and the spread of COVID-19 is exerting extreme pressure on families and communities, as well as on the limited social services available to support them. The present article aims to study the various policies, laws & schemes supporting two forms of alternate care, namely, foster care & adoption in South Asia, identify the gaps in the implementation and make certain recommendations.

scholarly journals Legal Analysis of Covid-19 Vaccination Obligations and Sanctions: Interest Theory Perspective

2021 ◽  
Vol 4 (2) ◽  
pp. 170-179
Author(s):  
Anggiat P. Simamora ◽  
Ramsul Nababan
Keyword(s):  
Social Security ◽  
Social Assistance ◽  
Legal Analysis ◽  
Legal Basis ◽  
Interest Theory ◽  
Government Administration ◽  
The Right ◽  
Article 5

This paper will answer two questions related to whether there is a need for sanctions for those who refuse to be vaccinated, what sanctions are appropriate from the perspective of interest theory, and what is the legal basis for imposing sanctions for those who refuse to be vaccinated in Indonesia. This study uses a sociolegal approach from the perspective of interest theory, it is found that sanctions can not only be given but must be given to those who refuse to be vaccinated. According to this perspective, the appropriate sanction is not fines or imprisonment, but deprivation of the right to socialize. The legal basis for imposing sanctions for those who refuse to be vaccinated is Article 5 of Law 4/1984 and PerPres12/2021. The sanctions referred to are administrative in nature in the form of termination of social security or social assistance, postponement or termination of government administration services, and fines. These sanctions do not contribute to stopping the spread of the Covid-19 virus, so it is recommended that amendments to these provisions are necessary.

scholarly journals The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward?

2020 ◽  
Vol 22 (2) ◽  
pp. 138-147 ◽  
Author(s):  
Gijsbert Vonk
Keyword(s):  
Social Security ◽  
Cost Sharing ◽  
Social Assistance ◽  
Case Law ◽  
Eu Law ◽  
Scope Of Application ◽  
The Right ◽  
The Relationship ◽  
The Eu ◽  
Legal Right

This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts of non-contributory benefits under Regulation 883/2004. In order to overcome this problem, it is argued that social assistance should be included in the material scope of application of Regulation 883/2004. This regulation should abandon the concept of special non-contributory benefits and introduce a new category of minimum subsistence benefits, which would also include social assistance schemes. Such a change could be accompanied by a single, coherent principle to govern the relationship between the right to benefits (Regulation 883/2004) and residence rights (Directive 2004/38), if necessary supported by a cost sharing mechanism for minimum substance benefits under Regulation 883/2004 and, preferably, by a recognition of minimum protection standards for economically non-active EU citizens without a legal right of residence.

scholarly journals LEGAL STATUS OF PLATFORM WORKERS IN RUSSIA: RIGHT ON UNEMPLOYMENT AND SOCIAL ASSISTANCE

2019 ◽  
Vol 7 (6) ◽  
pp. 639-643 ◽  
Author(s):  
Rustem Sh. Davletgildeev ◽  
Lenara R. Klimovskaya
Keyword(s):  
Social Security ◽  
Legal Status ◽  
Social Assistance ◽  
General Rule ◽  
Unemployment Benefit ◽  
Social Security Systems ◽  
Digital Platforms ◽  
Gig Economy ◽  
The Right ◽  
Distance Work

Purposes: Russian Federation as many other States experience the growth of the “gig economy”. The number of people working via platforms grows with every year. As a result, it brings up a new form of employment. Consequently, national law and social security systems have to adapt to new challenges in order to provide from one hand, efficient regulation of such relations, from another hand – to protect the rights of crowd-workers. Methodology: Russian legislators introduced in 2013 the new concept of “distance work”, which partially covers platform workers. Since late 2019 new regulations concerning non-registered self-employed persons will come into force. Nonetheless, the discussion on the place of crowd-workers remains to be open within practitioners and scholars and still shows the uncertainty. Result: In this paper, we tried to determine the legal status of platform workers and identify their place within the system of Labour and Social Security Law with a detailed focus on access to Unemployment Benefit and Social Assistance. Implications/Applications: As a general rule, digital platforms do not impose concrete requirements for the crowd-worker, for instance as the obligation of having registered status as individual entrepreneurship. In this case, any physical person showing the will to work can register with a platform and provide services. Novelty/Originality: We will try to give the legal definition and to find out the recognition of so-called Platform Workers within the national Labour Law. After the research will be focused on a social cluster: the right of Platform Workers to access to Unemployment Benefit and Social Assistance.

scholarly journals Socialt medborgarskap och möjligheten till ett självständigt liv – ekonomiskt bistånd för kvinnor som har lämnat en våldsam partner

2016 ◽  
Vol 22 (3-4) ◽  
Author(s):  
Rickard Ulmestig ◽  
Alexandru Panican
Keyword(s):  
Domestic Violence ◽  
Social Services ◽  
Local Level ◽  
Social Assistance ◽  
Social Citizenship ◽  
Discretionary Power ◽  
Structured Interviews ◽  
The Social ◽  
Independent Life ◽  
The Right

Social citizenship and the opportunity for an independent life – Social assistance for women who have left a violent partnerEconomic security is significant for a woman’s possibility to leave a violent partner. In Sweden women under these circumstances are sometimes forced to rely on social assistance. The aim is to understand the social services’ handling of these women applying for social assistance. The study starts from a citizenship perspective, where women’s descriptions are analysed. The study is based on 13 semi-structured interviews in three municipalities with women survivors of domestic violence. These survivors have been highlighted as a prioritized group on the political arena. They meet a social assistance system which is supposed to be built on citizenship rights according to the Social Services Act. From the empirical material, however, we can conclude that the survivors’ basic needs are dependent on means tests in order to assess who is a deserving client in implementing the right to social assistance based on discretionary power on the local level. The survivors describe how the case workers choose in certain cases to prioritize the municipalities’ economy over the intentions of the Social Services Act. It becomes clear that the conditions for receiving social assistance are to be given a subordinate position. The condition for being able to obtain social assistance are described by the survivors as accepting limitations of privacy, autonomy and self-determination. Summarizing, the core of the poor relief logic is that the relief can never be a right for survivors of domestic violence in Sweden.

Internal coordination of social security in Spain

2019 ◽  
Vol 21 (2) ◽  
pp. 119-140
Author(s):  
Borja Suárez Corujo
Keyword(s):  
Social Security ◽  
Social Services ◽  
Social Protection ◽  
Social Care ◽  
Social Assistance ◽  
Healthcare Services ◽  
The State ◽  
Autonomous Communities ◽  
Financial Arrangements

This paper introduces the topic of the internal coordination of regional and local social security schemes in Spain. In the field of social security, the constitutional framework imposes different solutions in terms of the division of competences between State and Autonomous Communities, depending on the branch of (public) social protection. In the provision of long-term social care, for instance, both the State and the Autonomous Communities participate. Healthcare services are mainly provided by the Autonomous Communities without prejudice to certain aspects of the role played by the State. Social assistance through cash benefits or social services are exclusively provided by the Autonomous Communities, with the deep participation of local entities, especially in the case of social services. The paper outlines the extent of devolution and decentralisation, and the adjudication of competence and financial arrangements. The final section addresses some specific questions in healthcare, long-term social care and social assistance.

scholarly journals The Albanian Social Security System and the Institutions of Social Protection in Albania

2015 ◽  
Vol 3 (2) ◽  
pp. 18
Author(s):  
Laureta Mano ◽  
Mirela Selita
Keyword(s):  
Health Care ◽  
Health Services ◽  
Social Security ◽  
Social Services ◽  
Social Insurance ◽  
Social Protection ◽  
Disabled Persons ◽  
Health Care Insurance ◽  
The Social ◽  
The Right

The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.

scholarly journals ANALYSIS OF THE IMPLEMENTATION OF THE FEDERAL ASSURANCE PROGRAM OF SUPPORTING BENEFICIARIES WITH INDISPENSABLE MEDICINAL PREPARATIONS IN THE SUBJECTS OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 8 (4) ◽  
pp. 273-284
Author(s):  
I. K. Petrukhina ◽  
R. I. Yagudina ◽  
T. K. Ryazanova ◽  
V. A. Kurkin ◽  
S. V. Pervushkin ◽  
...  
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Social Assistance ◽  
Essential Medicines ◽  
Health Authorities ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Drug Provision

The aim of the research was to study the main indicative indicators of the implementation of The Federal Program “Provision of Essential Medicines” in 20 constituent entities of the Russian Federation based on the results of 2018 and 2019.Materials and methods. The analyzed data were provided on the basis of the request cards specially designed by the health authorities of 20 subjects of the Russian Federation located in seven federal districts.Results. It has been established that the funds allocated to the constituent entities of the Russian Federation, directly depend on the number of beneficiaries who retained the right to receive state social assistance in the form of a set of social services. These funds also correlate with the indicator “Population of the subject of the Russian Federation”. In all the studied constituent entities of the Russian Federation, more than 50% of the total number of people who retained the right to preferential drug provision in 2018–2019, asked for medical help as part of the program “Provision of Essential Medicines”. Herein, in the constituent entities of the Russian Federation, the average cost of one prescription amounted to 1,107.2 rubles in 2018 and 1,297.2 rubles in 2019. The estimated indicator “The average actual expenditures per 1 citizen entitled to state social assistance in the form of a set of social services, amounted to 1,723.0±90.2 rubles in 2018 and 1,526.8±80.5 rubles in 2019, which is higher than the approved input normative (823.3 rubles and 861.8 rubles in 2018 and 2019, respectively).Conclusion. Thus, an excess of average actual expenditures per citizen entitled to state social assistance in the form of a set of social services, was notified over the standards established by the decrees of the Government of the Russian Federation. The revealed discrepancy between the normative and actual expenditures can also be an indirect confirmation of the fact that the most needy beneficiaries with chronic diseases remained in the program “Provision of Essential Medicines”.

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