Issued by the Ministry of Civil Affairs: the standard of inability to work and no source of livelihood

The Ministry of Civil Affairs issued the criteria for "inability to work" and "no source of livelihood".

Summary: The Ministry of Civil Affairs promulgated the Measures for the Identification of Persons in Extreme Poverty, in which Article 5 stipulates "inability to work", Article 6 stipulates "no source of livelihood" and Article 8 "Inability to perform obligations", which has important reference significance for the identification and calculation of the living expenses of dependents involved in personal injury compensation cases.

Minfa [2021] No. 43

Measures for the Identification of Persons in Extreme Poverty

Chapter I: General Provisions

Article 1: These Measures are formulated on the basis of the "Interim Measures for Social Assistance", the "Opinions of the State Council on Further Improving the System of Assistance and Support for Persons in Extreme Poverty", the "Notice Issued by the General Office of the CPC Central Committee and the General Office of the State Council<关于改革完善社会救助制度的意见>" and relevant state regulations.

Article 2: The following principles shall be followed in the designation of persons living in extreme poverty:

(1) should be rescued and supported as much as possible;

(B) territorial management, hierarchical responsibility;

(3) Strict standardization, efficient and convenient for the people;

(4) Openness, fairness, and justice.

Article 3: The civil affairs departments of local people's governments at the county level or above are to make overall plans for the designation, assistance, and support of persons living in extreme poverty within their respective administrative regions.

The civil affairs departments of the people's governments at the county level are responsible for the review and confirmation of the designation of persons living in extreme poverty, and the township people's governments (neighborhood offices) are responsible for the acceptance and preliminary examination of the designation of persons living in extreme poverty. Village (resident) committees are to assist in doing a good job of relevant work.

Chapter II: Requirements for Designation

Article 4: The elderly, persons with disabilities, and minors who meet the following requirements at the same time shall be included in the scope of assistance and support for persons living in extreme poverty in accordance with law:

(1) Lack of ability to work;

(2) have no source of livelihood;

(3) There is no legal obligation to support, raise, or support a person or their legally-prescribed obligor is incapable of performing their obligations.

Article 5 In any of the following circumstances, it shall be deemed to be incapable of working as referred to in these Measures:

(1) Elderly persons over the age of 60;

(2) Minors under the age of 16;

(3) Intellectual or mental persons with disabilities with a disability level of 1, 2, or 3, physical disabilities with a disability level of 1 or 2, and visual disabilities with a disability level of 1;

(4) Other circumstances provided for by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 6: Where income is lower than the local minimum subsistence security standard, and the property meets the requirements of the local provisions on the property status of persons living in extreme poverty, it shall be found to have no source of livelihood as used in these Measures.

The income referred to in the preceding paragraph includes wage income, net operating income, net property income, net transfer income and other types of income. Social insurance, preferential pensions, and old-age allowances such as basic old-age insurance, basic pensions, and basic medical insurance for urban and rural residents, as determined by the central government, are not included.

Article 7: The standards for determining the property status of persons living in extreme hardship are to be formulated by the civil affairs departments of local people's governments at or above the districted city level, and are to be reported to the local people's governments at the same level for approval.

Article 8: Where a legally-prescribed obligor meets any of the following circumstances, it shall be found to be incapable of performing obligations as used in these Measures:

(1) Persons living in extreme poverty;

(2) Persons over the age of 60 who are eligible for minimum subsistence support;

(3) Elderly persons over the age of 70 whose income is lower than the local per capita disposable income of the previous year, and whose property meets the requirements of the local low-income family property status;

(4) Persons with severe disabilities or persons with intellectual or mental disabilities with a disability level of Grade 3, whose income is lower than the local per capita disposable income of the previous year, and whose assets meet the local requirements for the property status of low-income families;

(5) Persons who lack capacity for civil conduct, have been declared missing, or are serving a prison sentence, and whose assets meet the requirements for the property status of local low-income families;

(6) Other circumstances provided for by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 9: Minors who meet both the requirements for assistance and support for persons living in extreme poverty and the requirements for designation as orphans or de facto unsupported children, and choose to apply to be included in the scope of basic livelihood guarantees for orphans or de facto unsupported children, are no longer to be designated as persons in extreme poverty.

Chapter III Application and Acceptance

Article 10: To apply for assistance and support for persons living in extreme poverty, a written application shall be submitted in person to the people's government (sub-district office) of the township or township where the household registration is located. Where it is difficult for them to apply, they may entrust the village (resident) committee or others to submit the application on their behalf.

The application materials mainly include a written statement of the person's valid identity certificate, working ability, source of livelihood, property status, and support, upbringing, and support, and a letter of commitment that the information provided is true and complete, and the disabled person shall provide the certificate of the disabled person of the People's Republic of China.

The applicant and his/her legally-prescribed obligor shall perform the relevant formalities for authorizing the verification of the family's economic status.

Article 11: Township people's governments (neighborhood offices) and village (resident) committees shall promptly understand and grasp the living conditions of residents within their jurisdiction, and where they discover that they may meet the requirements for assistance and support for persons living in extreme poverty, they shall inform them of the aid and support policy, and shall take the initiative to help them apply for reasons such as lack of civil capacity or limited civil capacity.

12th township people's Governments (sub-district offices) shall review the materials submitted by the applicant or his agent, and if the materials are complete, they shall be accepted; If the materials are incomplete, the applicant or his agent shall be notified at one time to complete all the required materials.

Chapter IV Review and Confirmation

13th township people's governments (sub-district offices) shall, within 15 working days from the date of acceptance of the application, through household surveys, neighborhood visits, letter requests, information verification, etc., the applicant's economic status, actual living conditions, support, support, and other conditions to investigate and verify, and put forward preliminary opinions.

Applicants and relevant units, organizations, or individuals shall cooperate with the investigation and truthfully provide relevant information. Village (resident) committees shall assist township people's governments (neighborhood offices) in carrying out investigations and verifications.

Article 14: In the process of investigation and verification, township people's governments (neighborhood offices) may organize democratic appraisals as appropriate, and with the assistance of village (resident) committees, evaluate the authenticity and completeness of the applicant's written statement and the objectivity of the results of the investigation and verification.

Article 15: Township people's governments (neighborhood offices) shall promptly publicize the preliminary review opinions in the applicant's village (community). The publicity period is 7 days.

Where there is no objection at the completion of the publicity period, the township people's government (neighborhood office) shall submit the preliminary review opinion to the civil affairs department of the county-level people's government together with the application, investigation and verification and other relevant materials. If there is an objection to the publicity, the township people's government (sub-district office) shall reorganize the investigation and verification, submit a preliminary opinion within 15 working days, and re-publicize.

Article 16: The civil affairs departments of county-level people's governments shall comprehensively review the application materials, investigation materials and preliminary review opinions submitted by the township people's governments (sub-district offices), randomly check and verify them in accordance with the proportion of not less than 30%, and submit confirmation opinions within 15 working days.

Article 17: The civil affairs department of the county-level people's government shall promptly confirm applications that meet the requirements for assistance and support, establish a file for assistance and support, give assistance and support benefits from the month following the date of confirmation, and announce it in the applicant's village (community) through the township people's government (neighborhood office).

Article 18: Where the conditions are not met and consent is not given, the civil affairs department of the people's government at the county level shall, within 3 working days of making a decision, notify the applicant or his agent in writing through the township people's government (neighborhood office) and explain the reasons.

Article 19: In areas where the standards for assistance and support for persons living in extreme poverty are inconsistent between urban and rural areas, persons living in extreme poverty who own contracted land or participate in the distribution of collective economic benefits in rural areas are generally given assistance and support treatment to persons living in extreme poverty. Where ex-situ poverty alleviation is carried out and relocated to urban areas, assistance and support treatment shall be given to those living in extreme poverty in urban areas.

Chapter 5 Assessment of Self-care Ability

Article 20: The civil affairs departments of county-level people's governments shall, with the assistance of township people's governments (neighborhood offices) and village (resident) committees, conduct assessments of the ability of persons living in extreme poverty to take care of themselves, and on the basis of the assessment results, determine the standard level of care and care that persons in extreme poverty shall enjoy.

Where there is capacity, a third-party organization may be entrusted to carry out an assessment of the ability of persons living in extreme poverty to take care of themselves.

Article 21: The ability of persons living in extreme poverty to take care of themselves is generally assessed on the basis of the following six indicators:

(1) Eating independently;

(2) Dressing independently;

(3) Getting in and out of bed independently;

(4) Toilet use independently;

(5) Indoor autonomous walking;

(6) Take a bath on your own.

Article 22: According to the provisions of Article 21 of these Measures, if all 6 indicators of self-care are met, persons living in extreme poverty may be deemed to have the ability to take care of themselves; If there are 3 or less indicators (including 3) that cannot be met, it may be regarded as a partial loss of the ability to take care of oneself; If there are more than 4 (including 4) indicators that cannot be met, it may be regarded as a complete loss of the ability to take care of oneself.

Article 23: Where there is a change in the ability of persons living in extreme poverty to take care of themselves, themselves, their care service providers, village (resident) committees, or support service establishments shall promptly report to the civil affairs department of the people's government at the county level through the township people's government (neighborhood office), and the civil affairs department of the people's government at the county level shall organize a review and assessment within 10 working days of receiving the report, and promptly adjust the category of determination of the person's ability to take care of themselves based on the assessment results.

Chapter VI: Termination of Aid and Support

Article 24: In any of the following circumstances, persons living in extreme poverty shall promptly terminate their assistance and support:

(1) Dead or declared dead or declared missing;

(2) Have or resume the ability to work;

(3) Have been sentenced to a criminal punishment in accordance with law and are serving a sentence in prison;

(4) The income and property status no longer comply with the provisions of Article 6 of these Measures;

(5) The legally-prescribed obligor has the capacity to perform the obligation, or the newly added legally-prescribed obligor has the capacity to perform the obligation;

(6) Voluntarily apply for withdrawal from aid and support.

Minors in extreme hardship may continue to enjoy assistance and support until the age of 18; Those who have reached the age of 18 and are still receiving compulsory education or studying in ordinary high schools or secondary vocational schools may continue to enjoy assistance and support benefits.

Article 25: Where persons living in extreme poverty no longer meet the requirements for assistance and support, they, their care service providers, village (resident) committees, or support service establishments shall promptly inform the township people's government (neighborhood office), and the township people's government (neighborhood office) is to investigate and verify and report to the civil affairs department of the county-level people's government for approval.

Where the civil affairs departments of county-level people's governments and township people's governments (neighborhood offices) discover in the course of their work that persons living in extreme poverty no longer meet the requirements for assistance and support, they shall promptly go through the formalities for terminating aid and support.

Article 26: The civil affairs department of the county-level people's government shall, through the township people's government (neighborhood office), make a public announcement in the village (community) or support service organization where the aid and support are to be terminated for persons living in extreme poverty. The publicity period is 7 days.

Where there are no objections at the completion of the publicity period, the civil affairs department of the county-level people's government shall make a decision to terminate and terminate the aid and support from the following month. Where there are objections to the announcement, the civil affairs department of the county-level people's government shall organize an investigation and verification, and make a decision on whether to terminate aid and support within 15 working days, and make a new announcement. Where it is decided to terminate aid and support, the parties and village (resident) committees shall be informed in writing of the reasons for termination through the township people's government (neighborhood office).

Article 27: Where assistance and support have been terminated for persons living in extreme poverty, who meet the requirements for minimum livelihood guarantees, temporary assistance, or other social assistance, they shall be promptly included in the scope of assistance in accordance with provisions.

Chapter VII Supplementary Provisions

Article 28: Where conditions permit, the authority for review and confirmation may be delegated to the township people's governments (neighborhood offices), and the county-level civil affairs departments are to strengthen oversight and guidance.

Article 29: These Measures take effect on July 1, 2021. On October 10, 2016, the Ministry of Civil Affairs issued the Measures for the Identification of Persons in Extreme Poverty, which was repealed at the same time.

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