6 subjects receive monthly social assistance

(Baonghean) - Question: I have two grandchildren (6 and 11 years old) whose mother is orphaned, and whose father is serving an administrative penalty at a reformatory school. Are they entitled to monthly social benefits and in what cases are they entitled to social benefits?

(Nguyen Thi Lan - Nam Lien, Nam Dan)

Reply:According to Decree No. 136/2013/ND-CP regulating social assistance policies for social protection beneficiaries, in Article 5, Chapter 2, there are 6 beneficiaries of monthly social allowances, including:

1. Children under 16 years old without a source of support are in one of the following cases: Abandoned without an adoptive parent; Orphaned of both parents; Orphaned of one parent and the other is missing according to the provisions of law; Orphaned of one parent and the other is receiving care and support at a social protection facility or social house; Orphaned of one parent and the other is serving a prison sentence in a prison or is serving a decision on handling administrative violations at a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; Both parents are missing according to the provisions of law; Both parents are receiving care and support at a social protection facility or social house; Both parents are serving a prison sentence in a prison or are serving a decision on handling administrative violations at a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; Father or mother is missing according to the provisions of law and the other person is receiving care and nurturing at a social protection facility or social house; Father or mother is missing according to the provisions of law and the other person is serving a prison sentence in a prison or is serving an administrative violation decision at a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; Father or mother is receiving care and nurturing at a social protection facility or social house and the other person is serving a prison sentence in a prison or is serving an administrative violation decision at a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.

2. Persons from 16 to 22 years old who fall into one of the cases specified in Clause 1 of this Article and are studying at high school, vocational school, professional secondary school, college, or university with a first degree.

3. HIV-infected children from poor households; HIV-infected people from poor households who are no longer able to work and do not have pensions, monthly social insurance benefits, monthly preferential benefits for meritorious people, or other monthly benefits.

4. People in poor households who have no husband or wife; whose husband or wife has died; whose husband or wife is missing according to the law and are raising children under 16 years old or are raising children from 16 to 22 years old but the children are studying in high school, vocational school, professional high school, college, or university with a first degree (hereinafter referred to as poor single people raising children).

5. Elderly people in one of the following cases: Elderly people in poor households who do not have anyone with the obligation and right to support them or have someone with the obligation and right to support them but this person is receiving monthly social allowances; People aged 80 years or older who are not subject to the provisions of Point a of this Clause but do not have a pension, monthly social insurance allowance, or monthly social allowance; Elderly people in poor households who do not have anyone with the obligation and right to support them, do not have the conditions to live in the community, are eligible to be admitted to a social protection facility or social house but have someone to take care of them in the community.

6. Disabled children and disabled people are eligible for social benefits according to the provisions of the law on disabled people.

Thus, your nephew under 16 years old is in the case of having no source of support and so is entitled to monthly social allowance.

TN

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