Bulgaria: Regulations for Implementation of the Law for Social Support

REGULATIONS FOR IMPLEMENTATION OF THE LAW FOR SOCIAL SUPPORT

Chapter one.

MANAGEMENT OF THE SOCIAL SUPPORT SYSTEM (title revoked ? SG 40/03)

Art. 1. (revoked ? SG 40/03)

Art. 2. (revoked ? SG 40/03)

Art. 3. (revoked ? SG 40/03)

Art. 4. (revoked ? SG 40/03)

Art. 5 (1) (revoked ? SG 40/03)

Art. 6. (revoked ? SG 40/03)

Art. 7. (revoked ? SG 40/03)

Chapter two.

SOCIAL SUPPORT

Art. 8. (amend. SG 97/01, amend. SG 40/03) The social support shall be granted to persons and families at a permanent address, where is implemented also the social inquiry.

Art. 9. (1) Right to monthly support shall have persons or families whose income for the preceding month is lower than the determined differentiated minimal income.

(2) Basis for determining the differentiated minimal income shall be the guaranteed minimal income whose monthly amount shall be determined by an act of the Council of Ministers.

(3) The differentiated minimal income for the individual persons shall be determined as the guaranteed minimal income is adjusted by the following coefficients:

1. for a person living alone ? 1.0;

2. (revoked, SG 118/02)

3. (amend. SG 97/01) for disabled with permanently reduced working capacity 50 percent or over 50 percent ? 1.2;

4. for an orphan child ? 1.2;

5. for single parent with a child or children under 16 years of age, and if they study up to 18 years of age ? 1.2;

6. for every of the spouses living together ? 0.9;

7. for underage child in the family ? 0.9 and if he/she does not study and from 7 to 16 years of age ? 0.5;

8. (amend. SG 97/01) for children with permanent disorder ? 1.2;

9. for person living together with another person (persons) or family ? 0.9.

10. (new, SG 42/99) To lonely parent with child from 16 to 18 years of age who does not study ? 1.0.

11. (new, SG 46/02) to pregnant women 45 days before childbirth ? 1.2;

12. (new, SG 46/02) to a parent raising a child up to 3 years of age ? 1.2.

13. (new, SG 118/02) for a person from 65 to 75 years of age, living alone ? 1.7;

14. (new, SG 118/02) for a person over 70 years of age ? 1.2;

15. (new, SG 18/02) for a person over 75 years, living alone ? 2.0;

16. (new, SG 118/02) for disabled with permanently reduced working ability 70 and over 70 percent ? 1.5;

17. (new, SG 118/02) for a single parent taking care of a child under 3 years of age ? 1.5.

(4) In the presence of more than one of the grounds for determining coefficient under para 3 shall apply the higher coefficient.

(5) The amount of the monthly support shall be determined as a difference between the differentiated minimal income or the sum of the differentiated minimal incomes and the income of the persons or families for the preceding month.

Art. 10. (1) Monthly support shall be granted if the persons or the families meet the following additional conditions:

1. their own home is the only one and it is not bigger than:

a) for one person ? one-room;

b) for two-member and three-member family ? two-room;

c) for four-member family ? three-room;

d) for five-member and larger family ? four-room;

e) for every co-habitant ? one room;

2. (amend. SG 40/03) to have not been registered as sole entrepreneurs and to be not owners of the capital of a commercial company;

3. (amend. SG 40/03) not to have receivables, deposits, share holding and securities whose total value for the individual person or for every of the members of the family exceeds 500 levs, with exception of the bonds or stocks from the mass privatisation;

4. not to possess real estate or chattel which can be source of income, with exception of the chattel for habitual usage by the person or the family;

5. not to have concluded contracts for submitting property against obligation for support and/or care; these requirements shall not apply in the cases when those who have undertaken the obligation for support and/or care are students, unemployed and in age of incapacity or disabled;

6. (suppl. SG 40/03) not to have transferred housing or villa property and/or ideal part of them against payment for the last 5 years;

6a. (new ? SG 40/03) to have not transferred with a contract for granting the ownership in a residential or villa property and/or ideal parts of them during the last 5 years and after May 1, 2003;

7. (amend. SG 40/03) the unemployed must be registered in the directorates "Employment bureaux" for at least 6 months before filing the application for social support and not to have refused offered job and their inclusion in qualification courses for qualification and re-qualification organised by the directorates "Employment bureaux".

(2) (amend. SG 97/01) The requirements under para 1, item 1 shall not regard the owners of homes where a person with permanently reduced working capacity of 50 percent or over 50 percent, or very sick member of the family lives, as well as when the homes cannot be source of additional income due to impossibility of renting them, poor technical condition, health, hygienic, social and other similar reasons.

(3) (amend. SG 40/03) Registration under para 1, item 7 in the directorates "Employment bureaux" shall not be required for granting monthly support to:

1. a parent taking care of a child up to 3 years of age;

2. (amend. SG 97/01) disabled with permanently reduced working capacity of 50 percent or over 50 percent;

3. persons taking care of a severely sick member of the family or for co-habitant sick person;

4. (amend. SG 97/01) persons with psychic disorders certified by the respective specialised medical institutions;

5. (amend. SG 97/01) persons under 18 years of age, who study in the day form of education in schools in the system of the national education.

6. (new, SG 46/02) pregnant women after the third month of their pregnancy.

(4) (amend. SG 40/03) The term under para 1, item 7 shall not regard the persons who have registered in the directorates "Employment bureaux" within one month from:

1. the expiration of the term for raising child under 3 years of age;

2. the accomplishment of 16 years of age if they do not study;

3. the discharge from recruitment military service;

4. (amend. SG 40/03) the conclusion of the work under programmes for occupation or seasonal work;

5. the release from the places of detention for the penalty of "imprisonment";

6. (suppl., SG 97/01) the graduation from social educational vocational establishment or special schools;

7. (amend. SG 40/03) the receiving of permission for permanent stay in the Republic of Bulgaria, the granting of asylum, refugee status or humanitarian status;

8. (new ? SG 40/03) the expiry of the term of the expert order of the territorial expert medical commission (TEMC), the National expert medical commission (NEMC) or the regional expert medical commission (REMC), with which is determined 50 or over 50 percent reduction of ability to work;

9. (new ? SG 40/03) the falling out of the conditions of para 3, item 3.

Art. 11. Entitled to monthly support under Art. 9 shall not be:

1. (amend. SG 97/01, suppl. SG 40/03) the persons of age up to 30 years co-habitants with their parents of whom the income per member of the family exceeds the triple amount of the guaranteed minimal income, except in the cases when these persons and/or their parents have permanently reduced working capacity of 50 percent or over 50 percent;

2. the persons whose relatives are obliged to support them by law;

3. (amend. SG 97/01) the persons admitted for more than 30 days in medical, social, educational and military institutions;

4. (suppl. SG 46/02) students in regular, extra mural and evening form of education in the higher schools, as well as the students in the private schools with exception of the disabled students, pregnant women and mothers raising children up to 3 years of age studying in regular, extra mural and evening form of education in the higher schools;

5. (amend. SG 97/01) persons sanctioned by the established order for concealed income for which an act has been issued and from its enactment a period of 3 years has not expired;

6. (amend. SG 97/01, amend. SG 40/03) persons who have refused conceded land or cultivation of conceded land from the state or the municipal land entirety for the respective year, with exception of the persons with reduced working capacity established by physicians' consultative commission (PCC) or by TEMC;

7. persons who have travelled abroad at their own expenses during the last 12 months, with exception of the cases for treatment of diseases or in connection with the death of a member of the family.

Art. 12. (1) (amend. SG 40/03) The unemployed persons, who are not included in programmes for employment under art. 12b, para 1 of the Law of social support, shall receive monthly support on condition that they have not refused to participate in programmes organised by the municipal administration for providing social services, ecological programmes for urbanisation and hygienic work in the populated areas for no less than 5 days.

(2) The persons under para 1, who have refused to participate in the programmes organised by the municipalities shall be refused monthly support for the month when the refusal was made.

(3) (amend. SG 97/01; suppl. SG 46/02; amend. SG 40/03) The requirements under para 1 and the deprivation from monthly support under para 2 shall not apply to:

1. the persons, taking care for children up to 3 years of age:

a) mother or father (adoptive mother, adoptive father);

b) parent, who brings up the child alone;

c) guardians;

2. pregnant women after the third month of their pregnancy;

3. the persons with lasting damages or with established temporary disability to work for more than 20 days in the month;

4. the persons, taking care of an ill member of the family or for an ill relative in ascending or descending line up to second degree;

5. the persons, taking care of a member of the family or for a relative in ascending or descending line up to second degree, who are with lasting damage and need permanently other's help;

6. the persons with severe psychic diseases, established by the competent bodies.

Art. 13. (Revoked, SG 97/01)

Art. 14. (1) (amend. SG 97/01) Right to monthly expedient support for payment of rent for municipal homes shall be used by the persons if the accommodation order is issued to their names and whose income for the preceding month is up to 150 percent of the differentiated minimal income if they are:

1. orphans up to 25 years of age, who have graduated social educational professional institutions;

2. single elderly people over 70 years of age;

3. (amend. SG 97/01) single disabled with 71 percent or over 71 percent of reduced working capacity;

4. single parents.

(2) The support under para 1 shall be paid upon presentation of documents substantiating the expenses.

Art. 15. (revoked ? SG 40/03)

Art. 16. (1) For satisfying incidentally occurred health, educational, communal and household and other vitally important needs of the persons and the families one-time support can be granted once a year.

(2) (amend. SG 40/03) The one-time support under para 1, up to the five-fold amount of the guaranteed minimal income shall be determined by an order of the director of directorate "Social support" or official, authorised by him.

Art. 16a. (new ? SG 40/03) (1) For issuing of personal card to the persons can be granted one time purposed support up to the amount of the guaranteed minimum income.

(2) The amount of the support of para 1 shall be determined by the director of directorate "Social support" depending on the expenses, necessary for buying of forms and payment of the fee for issuing of personal card, for photos and transport expenses.

Art. 17. (1) To persons having obtained permit for treatment abroad from the Ministry of health, for the account of its budget, can be granted one-time support for them and their escorts regardless of the support under Art. 16.

(2) (amend. SG 40/03) The support under para 1 shall be subject to accounting within two weeks from the return of the person to the country and the unused sum shall be restored to the directorates "Social support".

Art. 18. The mothers of many children shall be entitled to free travelling once a year ? to and from destination, by the railway and bus transport in the country.

Art. 19. (1) (amend. SG 97/01) The disabled with 71 percent or over 71 percent of permanently reduced working capacity, the military disabled and the children up to 16 years of age with permanent disorders shall have the right to free travelling twice a year ? to and from destination, by railroad and bus transport in the country.

(2) (amend. SG 97/01) The right under para 1 shall be exercised by the escorts of the persons who are entitled to another's help, when travelling with them.

Art. 20. (1) (amend. SG 40/03) The right of free transportation under Art. 18 and 19 shall be exercised against presented certificate issued by the directorates "Social support" at the permanent address of the persons.

(2) (suppl. SG 40/03) The order of granting and spending the resources for the free transportation shall be determined by an order issued by the Minister of Finance and by the Minister of Transport and Communications.

Art. 21. (1) (amend. SG 97/01) The disabled with 71 percent or over 71 percent of permanently reduced working capacity, The disabled with 50 to 70 percent of diseases of the lower limbs and the children from 7 to 16 years of age with permanent disorders shall be entitled to a monthly social support for transport services amounting to 15 percent of the guaranteed minimal income.

(2) The right under para 1 shall be exercised on condition that the income of a member of the family for the preceding month is lower than the triple amount of the guaranteed minimal income for each member of the family.

Art. 22. (amend. SG 97/01) (1) The disabled with permanently reduced working capacity over 90 percent, the military disabled and the children under 16 years of age with permanent disorders shall have the right to expedient aid once a year for balneological treatment and food up to the triple size of the guaranteed minimal income.

(2) The right under para 1 shall also be exercised by the escorts of the persons for whom another's help is determined.

(3) (suppl. SG 40/03) The aid under para 1 shall be provided upon presentation of an expense document for balneological treatment and food in one month term after the final date of the stay.

Art. 23. The rights under Art. 21 and 22 shall be provided if the persons do not exercise them on other grounds.

Art. 24. (amend. SG 97/01) Right to a monthly expedient aid amounting to 20 percent of the guaranteed minimal income for using analogue or digital telephone shall have:

1. the disabled over 16 years of age with reduced working capacity over 90 percent with determined another's help;

2. the children under 16 years of age with over 90 percent of permanently reduced possibility of social adaptation with determined another's help.

(2) The aid under para 1 shall be paid on condition that the telephone post has been opened in the name of the entitled, to a member of his family or to a person living together with him.

Art. 25. (1) (amend. SG 42/99, SG 26/02, SG 40/03) The monthly, the purposed and one-time support, by the judgement of the head of the directorates "Social support", shall be provided in kind in the cases when:

1. the parents do not care for their children;

2. the cash support is not used according to its purpose.

(2) The support under para 1 can be granted by:

1. partial or full payment of fees in the children institutions, undertaking the expenses for food in the school canteens and public canteens;

2. purchasing foodstuffs, clothes, shoes, school accessories, etc.;

3. in another way determined by social enquiry.

(3) (new, SG 42/99) The persons and the families refused to receive the determined support in kind shall be deprived from it for the corresponding month.

(4) (new ? SG 26/02; Revoked, SG 81/02)

Art. 26. (1) (suppl. SG 40/03) The social support shall be conceded on the basis of application-declaration in a form, filed by the person of age to the directorates "Social support" and after presenting of personal card or personal passport.

(2) For parents who are underage the application ? declaration shall be filed by the parent having identification document or by a legal representative.

(3) (amend. SG 40/03) The application for social support shall be filed once within the frames of a calendar year.

(4) (amend. SG 40/03) To the application ? declaration shall be attached:

1. documents for the incomes from:

a) legal relations of employment and/or equalled to them legal relations;

b) implementing of services with personal labour;

c) activities in the field of agriculture, forestry and water economy;

d) scholarships;

2. medical certificate, record of PCC, expert order of TEMC or NEMC and expert order of the REMCC or of the Central expert medical consultative commission (REMCC);

5. military card for reference.

(5) If necessary the municipal offices for social support can require other documents.

(6) (suppl. SG 40/03) When processing the applications for social support required by official order shall be the necessary information from the territorial structures if the tax administration, from the directorates "Employment bureaux", from the territorial departments "Social assurance" and from other state and municipal institutions as well as by individuals and they shall be obliged to provide it within 14 days from the date of its request.

Art. 27. (amend. SG 40/03) (1) Within 20 days from filing the application-declaration the social worker shall carry out social enquiry and prepare social report according to appendix No 2.

(2) At implementing of the social enquiry shall be taken in mind also all other established circumstances of social, family, every day life and health character, referring to the opportunity for self support and/or support from persons, obliged under law to ensure maintenance.

(3) On the basis of the results of the social enquiry in the report of para 1 the social worker shall make proposal for granting or refusing the support, its kind and amount.

(4) If necessary in the social report the social worker shall make proposal for preparing of individual project for social integration or the persons and/or the families.

Art. 28. (amend. SG 40/03) (1) In 7 days term after the presenting of the social report the director of directorate "Social support" or an official, authorised by him shall issue an order according to appendix No 3.

(2) In 7 days term after the issuing of the order the interested person shall be notified in writing.

Art. 29. (revoked ? SG 40/03)

Art. 30. (amend. SG 40/03) The directorates "Social support" shall monthly prepare a list of the persons and the families who have acquired right of monthly social support which shall be announced in a visible place in the building of the directorates "Social support".

Art. 31. (1) (amend., SG 42/99) The monthly support shall be granted from the first of the month of filing the applications and shall be paid not later than the end of the month following the month for which the support has been granted, within the framework of the budget year except the supports for December which shall be paid at latest till January 31 of the following year.

(2) The payment of the support can be made in cash or through a bank transfer.

Art. 32. (1) (prev. text of art. 32 ? SG 97/01, amend. SG 40/03) The monthly support shall be discontinued with an order by the director of directorate "Social support" or an official, authorised by him from the first day of the month, following the month during which the grounds for granting it has been dropped.

(2) (new ? SG 97/01, amend. SG 40/03) The monthly aid shall be changed, stopped and renewed by the chief of the directorates "Social support" or by an official authorised by him.

Art. 33. (revoked ? SG 40/03)

Art. 34. The municipal offices for social support shall keep obligatory documentation for the granted support whose term of keeping shall be 5 years, considered from the month of their discontinuation.

Art. 35. (revoked ? SG 40/03)

Chapter three.

SOCIAL SERVICES

Art. 36. (amend. SG 40/03) (1) The social services shall be provided in the community and in specialised institutions.

(2) Social services, provided in the community, are:

1. personal assistant;

2. social assistant;

3. home assistant;

4. home social patronage;

5. day centre;

6. centre for social rehabilitation and integration;

7. centre for temporary accommodation;

8. accepting care;

9. crisis centre;

10. centre for accommodation of family type;

11. protected homes;

12. public canteens.

(3) Specialised institutions for conceding of social services are:

1. homes for children or youths with damages;

2. homes for elderly people with damages;

3. social education-professional establishments;

4. homes for elderly people;

5. asylums;

6. homes for temporary accommodation.

(4) Social services in the specialised institutions shall be conceded after depleting of the opportunities for implementing of services in the community.

(5) At necessity and according to the needs of the population of each municipality other kinds of social services can also be opened.

(6) The social services can be conceded for a short term and/or for a long term.

Art. 36a. (new ? SG 40/03) (1) The executive director of the Agency for social support shall permit opening or closing of specialised institution for conceding of social services, on proposal by the director of the regional directorate for social support.

(2) To the proposal of para 1 shall be attached the following documents:

1. motivated order of the municipal council for opening or closing of the specialised institution, pointing out the capacity, the number of the staff, the resources for salary, the material maintenance and the date of opening or closing of the specialised institution;

2. copy of a document for ownership of the building, in which the services will be conceded.

(3) In 14 days term after receiving of the proposal of para 1 the executive director of the Agency for social support shall permit or refuse with an order the opening or the closing of the specialised institution for conceding of social services.

(4) The refusal for issuing of the permission of para 3 shall be subject to appeal by the order of the Law of the administrative procedures.

Art. 37. (amend. SG 40/03) (1) The mayor of the municipality can assign the management of the specialised institutions and the conceding of social services in the community after conducting of competition.

(2) The competition of para 1 shall be opened with an order of the mayor of the municipality, in which shall be determined:

1.the conditions for participation and the requirements to the candidates;

2. the characteristics and the specifics of the conceded social services;

3. the financing and the way of conceding of the resources;

4. the documents for participation;

5. the date, the hour and the way of conducting of the competition;

6. the final term and the place for submitting of the documents;

7. the final term for announcing of the results of the competition;

8. the way of assessment;

9. other specific conditions.

(3) In the competitions of para 1 can participate providers of social services, who are entered in the register of the Agency for social support.

Art. 38. (amend. SG 40/03) (1) The announcement for conducting of the competition of art. 37, para 1 shall be published in at least one national and one local daily newspaper at least 45 days before the date of conducting of the competition.

(2) The competition shall be conducted by a commission, determined with an order by the mayor of the municipality.

(3) In the commission of para 2 shall be included also a representative of the Agency for social support.

(4) In 14 days term after the conducting of the competition the commission shall implement assessment of the candidates according to the following criteria:

1. compliance of the candidate with the preliminary announced conditions;

2. experience of the candidate in conceding of social services and commercial reputation;

3. working capacity of the candidate and qualification of the cadres;

4. financial stability of the candidate;

5. programme for development of the social services, presented by the candidate;

6. other requirements.

(5) The commission shall compile a record for its work and grade the participants in the competition.

Art. 39. (amend. SG 40/03) (1) On the basis of the record of art. 38, para 5 the mayor of the municipality shall in 3 days term issue an order, with which defines the candidate competition winner.

(2) The results of the competition shall be announced to the persons, participated in it in 7 days term after the issuing of the order of para 1.

(3) The order shall be subject to appeal by the order of the Law of the administrative procedures.

(4) The appealing of the order of para 1 shall not stop its fulfilment.

Art. 39a. (new ? SG 40/03) (1) On the basis of the order of art. 39, para 1 the mayor of the municipality and the candidate, classified at first place, shall conclude a contract, with which shall be provided:

1. the subject of the contract ? kind and amount of the offered social services;

2. the price of the contract;

3. the guarantees for the use of the conceded budget resources;

4. the rights and the obligations of the parties;

5. the term of the contract;

6. sanctions at non fulfilment.

(2) Contract under para 1 can also be concluded when there is only one candidate through direct contracting.

Art. 40. (1) (amend. SG 42/99, amend. SG 40/03) (1) The persons, who wish to use social services, shall submit written application at their present address respectively to:

1. the director of directorate "Social support" ? for the social services, which are state activity;

2. the mayor of the municipality ? for the social services, which are municipal activity;

3. the body of management, when the provider of the social services is an individual, registered under the Commercial law or a corporate body.

(2) To the application of para 1 shall be attached:

1. a copy of identification document;

2. a copy of personal ambulatory card, if there is such;

3. (amend. SG 40/03) a copy of order of PCC, TEMC, RECC, NEMC, CEMCC if there is such.

(3) If necessary the provider of social services can require also other documents.

(4) On the basis of the submitted application and the attached documents the body para 1, items 1 ? 3, shall implement social assessment of the needs of the person for social services, which shall be reflected in a report-proposal.

Art. 40a. (new ? SG 40/03) (1) The accommodation at specialised institutions and the conceding of social services in the community, when they are state activity, shall be implemented with an order by the director of directorate "Social support", issued on the basis of the report of art. 40, para 4.

(2) The accommodation at specialised institutions and the conceding of social services in the community, when they are municipal activity, shall be implemented with an order by the mayor of the respective municipality or an official, authorised by him.

(3) The accommodation at specialised institutions and the conceding of social services in the community to children up to 18 years of age shall be implemented by the order of the Law of protection of the child.

Art. 40b. (new ? SG 40/03) The refusal of the bodies of art. 40a of accommodation in specialised institution or conceding of social services in the community shall be appealed by the order of the Law of the administrative procedures.

Art. 40c. (new ? SG 40/03) The provider of social services shall be obliged to concede to the potential users draft of contract for conceding of social services and written information about:

1. description of the social services, which are conceded;

2. the experience of the provider in the conceding of social services and the qualification of the staff;

3. the conditions and the rules for using of the services;

4. the procedure for submitting of appeals.

Art. 40d. (new ? SG 40/03) (1) The suppliers of social services in specialised institutions and the providers of long term conceded social services in the community shall prepare individual plan after assessment of the needs of each user and formulation of the objectives, which must be achieved.

(2) The plan of para 1 shall include activities for satisfying of:

1. the every day needs;

2. health needs;

3. education needs;

4. rehabilitation needs;

5. needs in the free time;

6. needs for contacts with the family, the friends, close and other people.

(3) In the individual plan of the user of social services in the specialised institutions shall be included measures for leaving them and social integration.

(4) At need for satisfying of the health demands of the users of social services a written plan for health care by a person with appropriate medical education shall be prepared, which shall include:

1. medical history;

2. necessary preventive measures;

3. existence of allergies;

4. needs for dental care;

5. needs for treatment or recovery programmes;

6. immunisations and observation;

7. nutrition and diets;

8. rehabilitation;

9. personal hygiene.

(5) The providers of social services shall assess the fulfilment of the plan of para 1 at each 6 months and if necessary update it.

Art. 40e. (new ? SG 40/03) (1) The providers of social services at the specialised institutions shall keep register of the accommodated persons.

(2) The kept register shall contain information about:

1. the name, the permanent and/or the present address, the date of birth and the family status of the accommodated persons;

2. the act for accommodation of the persons at the specialised institution;

3. the name, the permanent and/or the present address and the telephone number of guardian, trustee or close relative of the accommodated persons;

4. the name, the address and the telephone number of the personal physician of the accommodated persons;

5. the date of accommodation;

6. the date of leaving;

7. the date, the hour and the reason for the death in the cases when the accommodated person has deceased at the specialised institution.

(3) The provider shall keep a book, with numbered ant threaded pages and sealed with the stamp of the specialised institution, which shall contain:

1. description of the pecuniary resources and the material valuables, conceded by the accommodated persons for preservation;

2. the date, on which are deposited the money or the material valuables;

3. the date, on which defined sum of money or the material valuables have been returned to the accommodated persons or have been used on their name, on their application, as well as the purpose, for which hey have been used;

4. name and position of the person, responsible for the preservation of the pecuniary resources and the other material valuables.

(4) The accommodated persons, conceded for preservation pecuniary resources and other material valuables, shall sign an acceptance and submission statement, a copy of which shall be delivered to them.

Art. 40f. (new ? SG 40/03) The social services, conceded at specialised institutions, and the services of art. 36, para 2, items 5 ? 10, must meet the following standards and criteria for location and material base:

1. accessibility, well maintained household and natural environment;

2. sufficient dormitory premises, premises for social contacts, premises for eating, sanitary premises and other with facilitated access to them;

3. existence of auxiliary means for communication, of appropriate information boards for the accommodated persons with, hearing, sight or other physical lesions, as well as mounted systems for calling, supplied with easy accessible button for alarm signal everywhere, where necessary;

4. conceding for each accommodated person of dormitory premises, furnished and equipped in appropriate way according to the established needs of the person and his personal choice;

5. ensured heating, lighting, supply with water and ventilation of the premises according to the sanitary norms and the requirements for safety;

6. observing of the sanitary and the hygienic norms for control over the dissemination of infections according to the legislation in effect.

Art. 41. (amend. SG 97/01, amend. SG 40/03) (1) The social services, conceded in specialised institutions and in the community, must meet the following standards and criteria for feeding:

1. ensured correct feeding regime, accounting for the requirements of the Law of public health and the normative acts for its implementation;

2. ensured high quality, healthy and nutrient food accounting for the nutrition needs and the personal choice or the users and observing the requirements of the Law of the public health and the normative acts for its implementation;

3. compliance of the premises, in which are preserved food products, with the requirements, defined by the specialised control bodies.

(2) The social services, conceded in specialised institutions and in the community, must correspond to the following standards and criteria for health care:

1. ensuring of co-operation for receiving of medical and dental care as well as of other health care;

2. ensuring of co-operation for supply with the prescribed medicines;

3. determining of official with appropriate education, responsible for the fulfilment of the criteria and the standards for health care.

(3) The social services, conceded in specialised institutions and in the community, must correspond to the following standards and criteria for educational services and information:

1. ensuring of co-operation for participation in educational programme in compliance with the age and the personal choice of the users;

2. ensuring of access to information.

(4) The social services, conceded in specialised institutions and in the community, must correspond to the following standards and criteria for organisation of the free time and the personal contacts:

1. ensured opportunity of the users of social services to organise independently their free time;

2. ensured opportunity of the users of social services for personal contacts with the family, the friends and other persons;

3. planing of cultural, spot and other activities and encouragement of the users of social services to participate in them;

4. organising of cultural activities and excursions.

(5) The social services, conceded in specialised institutions and in the community, must correspond to the following standards and criteria for servicing staff:

1. compliance of the number, the experience and the qualification of the staff with he kind of the conceded service;

2. periodical assessment of the fulfilment of the tasks by the staff;

3. ensuring of opportunities for increasing of the qualification of the staff with regard to the specifics of the work with the separate groups of users of social services.

Chapter four.

CONDITIONS AND ORDER FOR REGISTRATION OF PERSONS, PROVIDING SOCIAL SERVICES (Title amend. SG 40/03)

Art. 42. (amend. SG 40/03) At the Agency for social support a register shall be kept of the individuals, registered under the Commercial law, and of the corporate bodies, who can concede social services.

Art. 43. (amend. SG 40/03) (1) The persons of art. 42 shall submit for entering in the register application to the executive director of the Agency for social support according to the model of appendix No 5, to which shall be attached certified copies of:

1. the decision for initial court registration;

2. the certificate for updated status, issued by the competent court;

3. the card for identification in register BULSTAT;

4. certificate for tax registration.

(2) The persons of art. 42, who will concede social services for children up to 18 years of age shall attach to the application for entering in the register also a certified copy of the license for this.

(3) In the register shall be entered the following circumstances:

1. data about the person ? number and file of the court registration, number of the company file, name, headquarters, unified identification code in register BULSTAT, number of NTR, kind of the person;

2. data about the representation of the person under court registration ? name, UCN, permanent and/or present address;

3. kinds of social services, which will be conceded and number of the license, when services for children are conceded;

4. data about implemented breaches at conceding of social services;

5. date of deletion of the registration and grounds for this;

6. changes in the circumstances of items 1 ? 3;

7. notes on the entered circumstances.

Art. 44. (amend. SG 40/03) (1) The executive director of the agency for social support or an official, authorised by him, shall, in 7 days term after the date of submitting of the application, issue certificate for registration according to appendix No 6 or make motivated refusal of registration, notifying the person in writing.

(2) At establishing of omissions in the presented documents to the person shall be given 7 days term for removing them.

(3) The refusal of para 1 shall be subject to appeal by the order of the Law of the administrative procedures.

Art. 45. (amend. SG 40/03) The registered persons shall be obliged to notify in writing the Agency for social support about all changes in the circumstances, entered in the register, in 7 days term after their occurrence.

Art. 46. (amend. SG 40/03) (1) The registration shall be deleted:

1. on request of the registered person;

2. at termination of the corporate body and at deleting from the commercial register of the individual, registered under the Commercial law;

3. at not observing of the established criteria and standards for conceding of social services ? on proposal by the competent body after a check, implemented by it;

4. at not implementing of activity for conceding of social services by the registered person in a period of one year;

5. at not observing of the requirement of art. 47 in a period of one year

6. at withdrawing or expiry of the license for conceding of social services to children up to 18 years of age.

(2) The deleting of the registration shall be implemented with order by the executive director of the Agency for social support.

(3) The order shall be subject to appeal by the order of the Law of the administrative procedures.

(4) The appealing of the order shall not stop its fulfilment.

Art. 47. (amend. SG 40/03) Till May 31 each year the registered persons shall present at the Agency for social support account for their activity, connected with conceding of social services.

Art. 48. (revoked ? SG 40/03)

Art. 49. (revoked ? SG 40/03)

Art. 50. (revoked ? SG 40/03)

Art. 51. (revoked ? SG 40/03)

Chapter five.

PUBLIC CONTROL OF THE SYSTEM OF SOCIAL SUPPORT

Art. 52. (1) (amend. SG 40/03) A public council for exercising of public control at implementing the activities for social support shall be established with order of the municipal council with the following functions:

1. co-operate for the conducting of the policy for social support in the municipality;

2. discuss regional strategies, programmes and projects, connected with the social support;

3. co-operate for co-ordination of the activity for conceding of social services to the individuals, registered under the Commercial law, and the corporate bodies;

4. implement control over the quality of the social services in compliance with the approved criteria and standards;

5. give statements for opening and closing of specialised institutions for social services on the territory of the municipality.

(2) (revoked ? SG 40/03).

(3) (amend. SG 97/01, amend. SG 40/03) The public council shall consist of at least three, but not more than nine persons and it shall include representatives of institutions and individuals, registered under the commercial law and corporate bodies, related to the activities for social support.

(4) (new ? SG 40/03) The members of the public council shall be obliged to observe the normative requirements for protection of the information about the supported persons and families, which has become known to them at the implementation of their activity.

Art. 53. The public councils shall have the right to require and receive information from the municipal offices for social support about the activity on social support.

Art. 54. (suppl. SG 97/01, amend. SG 40/03) When establishing omissions and for signals for offences in carrying out the activities on the social support the public councils shall inform in writing the chairman of the municipal council and the inspectorate at the executive director of the Agency for social support.

Art. 54a. (new ? SG 40/03) (1) With objective protection of the interests of the users of social services and exercising of public control can be created councils of the users of social services, of their guardians or trustees.

(2) The council of para 1 have consultative functions at implementing of the activities for conceding of social services and follow their quality.

(3) At established breaches the councils of para 1 shall notify in writing the inspectorate at the executive director of the Agency for social support.

Additional provisions

§ 1. (1) (prev. text of § 1 ? SG 97/01) In the context of the regulations:

1. (revoked ? SG 40/03).

2. "The family" includes the spouses and the underage children with exception of the married ones.

3. "Single parent" is a person who, due to widowhood, divorce or without marriage raise alone children under 18 years of age.

4. "Orphan child" is underage child of whom one or the two parents are deceased.

5. "Mother of many children" are the mothers who have given birth (adopted) and raised 3 and more children over one year of age.

6. (amend. SG 40/03) "Unemployed" are all physically and psychologically fit for work persons in labour capacity age who are registered at the directorates "Employment bureaux" and actively seek jobs.

7. "Chattel for habitual use" are the farm land, small farm tools, household objects, craftsman instruments and farm animals when the income from them serves for satisfying the everyday vital needs of the persons and the families.

8. "Non-governmental organisations" are public, religious, political and trade union organisations, associations and foundations.

9. "Income" for granting social support by the order of these regulations is all the income deriving from:

a) labour activity;

b) activity in the field of the agricultural, forest and water farms;

c) sale and/or exchange of chattel or real estates;

d) sale of stocks, shares and other participation in trade companies and other forms of joint activity;

e) rent and lease;

f) copyright and licence remuneration;

g) dividends and income from share holding;

h) bonuses and awards from sport events;

i) compensations and support;

j) pensions;

k) scholarship;

l) monthly support for children;

m) adjudicated support;

n) others.

10. (suppl. SG 97/01) Not considered as income in determining the size of the social support shall be:

a) the support granted by the order of the regulations;

b) (amend. SG 97/01) the extra to the support for the disabled with reduced working capacity over 90 percent with a right of another's help;

c) (suppl. SG 46/02) one-time support for birth according to Art. 1 of the Decree for encouraging child bearing by March 31, 2002, including according to art. 6 of the Law for the family allowances for children;

d) the humanitarian aid;

e) the one-rime compensations to the pensions or the extra pensions;

f) the extras to the pensions of the veterans, volunteers and victims of the fatherland War and of the affected in fulfilment of the missions in the military contingencies of the United Nations Organisation;

g) additional monthly compensation to the pensions of those who have accomplished 75 or 80 years of age;

h) the support determined by an act of the Council of Ministers;

i) (amend. SG 118/02) the income received as a result of cultivating farm land of the State Land Fund and of the municipal land fund for a period of one year after its conceding;

j) (new, SG 98/00; revoked, SG 118/02);

k) (new ? SG 40/03) the labour remuneration, received during the last month from participation in the National programme "From social support to ensuring of employment";

l) (new ? SG 40/03) the scholarships, received from the National programme "From social support to ensuring of employment".

11. (new ? SG 97/01) "Special schools" are the schools under art. 68 ? 73 of the Regulations for implementation of the Law for the national education of 1999 (prom., SG 68/99; amend. and suppl., SG 19/99 and SG 53/01).

12. (new ? SG 97/01) "Age under working ability" is the age under 16 and over the age for acquiring right to pension for insurance service and age determined by the Code for the obligatory public insurance.

13. (new ? SG 97/01) "Child with permanent disorder" is a child under 16 years of age with 50 percent and over 50 percent of permanently restricted ability of social adaptation or a child aged 16 to 18 years with 50 percent and over 50 percent reduced working capacity.

14. (new ? SG 40/03) "Programmes for employment" are programmes, which are realised under the conditions and by the order of art. 31 of the Law of encouragement of employment.

15. (new ? SG 40/03) "Providers of social services" are the state and the municipalities as well as the individuals, registered under the Commercial law and corporate bodies, entered in the register of the Agency for social support.

16. (new ? SG 40/03) "Users of social services" are the persons and the families, who use social services in the community and in specialised institutions.

17. (new ? SG 40/03) "Personal assistant" is a person, taking permanent care of a child or elderly person with durable damage or for grave ill, for satisfying of his every day needs.

18. (new ? SG 40/03) "Social assistant" is a person, conceding a complex of services, directed to social work and consultations of the users and connected with satisfaction of the needs for organisation of the free time and implementing of contacts.

19. (new ? SG 40/03) "Home assistant" is a person, conceding services in home conditions, directed to the hygiene of the used home, shopping and preparing of food, washing and other communal ? household activities.

20. (new ? SG 40/03) "Home social patronage" is a complex of social services, conceded at the homes, connected with supply of food; maintaining of the personal hygiene and the hygiene of the home premises, inhabited by the user; co-operation for supply with the necessary technical auxiliary means for users with damages; household services etc.

21. (new ? SG 40/03) "Day centre" is a complex of social services, which create conditions for overall servicing of the users during the day, connected with conceding of food, satisfying of the every day, the health, the education and the rehabilitation needs, as well as need for organisation of the free time and the personal contacts.

22. (new ? SG 40/03) "Centre for social rehabilitation and integration" is a complex of social services, connected with implementing of rehabilitation, social-legal consultations, educational and professional training and orientation, preparing of individual programmes for social integration.

23. (new ? SG 40/03) "Centre for temporary accommodation" is a complex of social services, conceded to homeless persons, directed to satisfaction of their every day needs, for a term not longer than 3 months.

24. (new ? SG 40/03) "Receiving care" is bringing up and education in family environment of a child, who is accommodated by the order of the Law of protection of he child in a family of spouses or at a separate person on the basis of a contract.

25. (new ? SG 40/03) "Crisis centre" is a complex of social services, conceded to persons, suffered from violence or victims of traffic, and directed to satisfaction of their every day needs and preparing of individual programmes for social integration.

26. (new ? SG 40/03) "Centre for accommodation of family type" is a complex pf social services, which are conceded in environment, close to the family one, for a limited number of children -–not more than 15.

27. (new ? SG 40/03) "Protected homes" are forms of social services, in which the people lead independent way of life, supported by professionals.

28. (new ? SG 40/03) "Public canteens" are social services, directed to satisfying of the need for food of people, who cannot ensure it by themselves.

29. (new ? SG 40/03) "Long term services" are the services, conceded for a term longer than 3 months.

30. (new ? SG 40/03) "Short term services" are the services, conceded for a term up to 3 months.

(2) (new ? SG 97/01) The persons living together as family shall be supported as a family.

Transitional and concluding provisions

§ 2. (amend. SG 97/01, SG 40/03) The persons with permanent disorders whose reduced working capacity has been established upon the age of acquiring right to pension for insurance service or age or they have accomplished it within the period by a order of PCC/NPCC shall exercise their rights under the regulations for life regardless of the period determined by the expert order.

§ 3. The monthly expedient support for heating for 1998 against applications, filed within one month from the promulgation of the regulations in the State Gazette shall be granted as of November 1.

§ 4. (new, SG 97/01) For the Bulgarian citizens of age over 70 who have not replaced their identification documents the address registration shall be considered permanent address.

§ 5. (Prev. § 4 ? SG 97/01) The regulations are adopted pursuant to § 3 of the concluding provisions of the Law for the social support.

§ 6. (new, SG 98/00; prev. § 5 ? SG 97/01) The fulfilment of the regulations is assigned to the Minister of Labour and Social Policy.

Concluding provisions

(SG No 98/00)

The decree shall enter into force on November 1, 2000.

Concluding provisions

(SG 97/01)

§ 23. The resources necessary for payment of the expedient support for heating for November 2001 shall be provided by the Minister of Finance by the order of art. 34 of the Law for the structure of the state budget, and in the presence of conditions ? by the order of art. 35, para 2 of the same law as well.

§ 24. The decree shall enter into force on November 1, 2001.

Concluding provisions

(SG 46/02)

§ 6. The resources necessary for fulfilment of the decree shall be provided by the Minister of Finance by the order of art. 34, para 1 of the Law for the structure of the state budget.

§ 7. The Minister of Finance, upon proposal of the Minister of Labour and Social Policy shall introduce the changes to the central budget ensuing from the decree, as well as to the budget relations of the municipalities with the republican budget for 200

Transitional and concluding provisions

(SG 118/02)

§ 3. The coefficients determined by § 1, item 2 for supplementing art. 9, para 3 by items 13 ? 17 shall not apply in determining the right of the persons to a monthly expedient aid for heating according to art. 15 for the heating season 2002 ? 2003.

§ 4. The decree shall enter into force on January 1, 2003.