Text file: 10442.txt
author: Bojan Jelen
downvotes: 1
end consideration date: 2019-10-26
id: '10442'
number comments: 8
number views: 469
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  With regard to the proposal, we would like to point out that the eligibility conditions\
  \ for cash social assistance are currently regulated by the Act on Social Security\
  \ Benefits (hereinafter referred to as the Act on Social Security Benefits) and\
  \ the Act on the Exercise of Rights from Public Funds (hereinafter referred to as\
  \ the Act on the Exercise of Rights from Public Funds).\nAccording to Article 2\
  \ of the Social Assistance Act, cash social assistance is a social security benefit\
  \ intended for those individuals who are unable to ensure their material security\
  \ due to circumstances beyond their control.\nPursuant to Article 6 of the Social\
  \ Assistance Act, persons who are unable to provide for themselves and their family\
  \ members a minimum income for reasons beyond their control and who have exercised\
  \ the right to cash benefits under other regulations and the right to exemptions\
  \ and reliefs under this Act, and who fulfil other conditions under this Act, are\
  \ entitled to receive cash social assistance.\nCash social assistance is therefore\
  \ the last in a series of assistance to be provided to a single person or a family\
  \ if they are temporarily unable to ensure their own material security according\
  \ to the criteria of the Social Security Act due to circumstances beyond their control.\n\
  The circumstances that could be influenced by the individual (so-called culpable\
  \ reasons) are defined in the current law (Article 28 of the Social Welfare Act)\
  \ in a limited number of cases (including the circumstance of serving a prison sentence),\
  \ but in general terms, it is stipulated that a person is not entitled to receive\
  \ financial social assistance:\n who does not meet the minimum income for reasons\
  \ beyond his/her control or influence, or who, without justifiable reasons, refuses,\
  \ avoids or abandons activities which could or might lead to employment or other\
  \ means of improving his/her social situation or that of his/her family members.\n\
  We would also like to point out that Article 28(3) of the Social Security Act also\
  \ provides that persons for whom there are culpable reasons shall not be taken into\
  \ account in determining the minimum income of the family, but their income and\
  \ assets shall be taken into account. In other words, these persons are not entitled\
  \ to social assistance, but their income and assets are still taken into account\
  \ in determining the family's material situation.\nIn the light of the above, we\
  \ conclude that the social assistance system is adequately regulated under the current\
  \ Social Assistance Act as the last safety net of the broader social security system,\
  \ which helps individuals to survive when circumstances arise which are beyond their\
  \ control or control, and therefore no amendment to the Act is necessary."
response date: 2019-12-06
response due date: null
sent date: 2019-09-25
title: Social transfers and breaches of the law
upvotes: 38
url: https://predlagam.vladi.si/predlog/10442
