Text file: 6224.txt
author: KO17
downvotes: 6
end consideration date: 2014-11-22
id: '6224'
number comments: 8
number views: 2326
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  The social or material situation of applicants for financial social assistance is\
  \ very carefully and thoroughly verified, because in addition to income and assets,\
  \ which the Centres for Social Work (hereinafter: CSDs) establish from more than\
  \ 23 sources and several databases, the CSDs also request bank statements from the\
  \ applicant showing the turnover in their TRRs and, if the turnover in these accounts\
  \ does not reflect their material situation, the Act on the Assertion of Rights\
  \ from Public Funds in 16. Article 16 provides that income is increased by fictitiously\
  \ established income to the extent of indirectly established income and benefits\
  \ when it is established that a person is paying for goods or services in a certain\
  \ amount that he or she would not be able to do with the established income, which\
  \ indirectly means that also income paid in illegally is covered. The problem to\
  \ which the petitioner refers is therefore not only a problem of the social police,\
  \ but a broader one - of the tax police, the criminal police, etc. Unemployment\
  \ benefit is a right that someone is entitled to under social insurance, i.e. on\
  \ the basis of contributions paid in the past, and for this reason it cannot be\
  \ equated with public benefits.\nThe Law on the Assertion of Rights from Public\
  \ Funds (Official Gazette of the RS, No 62/10, 40/11, 40/12 - ZUJF, 57/12 - ZPCP-2D,\
  \ 14/13, 56/13 - Z\u0160tip-1 and 99/13; hereinafter referred to as \"ZUPJS\") sets\
  \ out in Articles 10 and 11 who is taken into account in determining the material\
  \ situation in the allocation of rights from public funds. On each application,\
  \ the applicant must indicate all the persons taken into account in determining\
  \ the material situation, and the social work centre - i.e. the authority which\
  \ decides on public benefits - shall, of its own motion, verify the persons taken\
  \ into account in determining the material situation. Thus, children who are obliged\
  \ to be supported by their parents up to the age of 18 or, if they are in full-time\
  \ education, up to the age of 26, are always included in the \"family\", together\
  \ with their income and assets. However, in the case of an adult who is not in education\
  \ but still lives with his or her parents and applies for cash social assistance,\
  \ the Social Security Benefits Act itself provides in Article 22(1)(4) that a single\
  \ person between the age of 18 and 26 is entitled to a social benefit. who is registered\
  \ with the competent employment authority in the register of unemployed persons\
  \ or in the register of jobseekers and who has a registered permanent residence\
  \ at the same address as his/her parents, is entitled to a reduced amount of social\
  \ assistance (instead of one basic amount of the minimum income, only 0.7 of the\
  \ basic amount of the minimum income). The Regulation on the method of determining\
  \ assets and their value in the granting of rights from public funds and the grounds\
  \ for reduction in the procedure for granting cash social assistance (Official Gazette\
  \ of the RS, No 8/12) also provides for methods of reducing the amount of cash social\
  \ assistance where the beneficiary is provided with either accommodation or food\
  \ or both, which the social work centre determines in the procedure for granting\
  \ the assistance and reduces the assistance accordingly.\nPublic funds are paid\
  \ only into the account of the applicant, and only exceptionally, if payment into\
  \ the applicant's account is not possible, may be paid into the account of the person\
  \ taken into account in determining the financial situation and named in the application,\
  \ but in no case into the account of a third party, and therefore it is not possible\
  \ to operate without an account.\nWe believe that the legal framework is adequately\
  \ regulated and already takes into account the suggestions made by the petitioner,\
  \ and that the issue of the so-called financial police is broader than the receipt\
  \ of public funds.\n "
response date: 2014-12-02
response due date: null
sent date: 2014-10-24
title: Social police and recording cash transactions
upvotes: 16
url: https://predlagam.vladi.si/predlog/6224
