Detection, investigation and proposal.
The need for protection of a family nucleus can be raised, by the interested parties themselves, social workers, political, mass and social organizations, institutions, delegates of the constituencies, or another person who considers it so, to the Directorate of Municipal work for your attention and evaluation.
The Municipal Director of Labor designates the specialist, to carry out the corresponding socioeconomic investigation, within a term of twenty business days from receipt of the request at the Municipal Directorate of Labor.
The socioeconomic investigation begins with the interview of the specialist with the head of the family nucleus or a representative in order to obtain detailed information on the state of need.
The supporting documents provided by the applicant, as the case may be, must be attached to the report prepared as a result of the interview conducted, with the aim of deepening the need for protection. The socioeconomic investigation is concluded with the information that is verified in the community where the interested party resides.
The specialist after the comprehensive evaluation, based on the file, proposes an opinion of approval or not, stating the reasons for it, to the Director of Municipal Labor within ten business days, after the investigation.
- Evaluation, decision and notification of benefits.
The Municipal Labor Director, after receiving the file and the prepared opinion, within the term of seven working days, submits the proposal to the Board of Directors for its analysis, approval or denial of the granting of the social assistance benefit, or the presentation of the proposal to the provincial instance.
In any of the above cases, the specialist is personally notified of the agreement of the Municipal Labor Directorate to the interested party within a term not exceeding five business days following the decision, leaving written evidence in the file.
If the protection of social assistance is denied, the interested party is notified in writing, stating the causes and the recommendations that may be necessary.
If the reason for the refusal is because the existence of members of the family nucleus in conditions to be linked to work is verified, the Municipal Labor Directorate makes an offer of employment for which it is suitable.
When the approval of the benefit falls within the competence of a higher level, the Municipal Work Director transfers the file, the opinion and the proposal, to the Provincial Work Director within the term of seven business days following the adoption of the decision. < / p>
The Director of Provincial Work or of the Special Municipality of Isla de la Juventud, after receiving the file and the prepared opinion, presents the corresponding proposal to the Board of Directors of his instance for analysis, within the following five working days .
Notification of the approval or denial decision is made to the Director of Municipal Labor within a term not to exceed seven business days after the decision.
When the approval of the benefit falls within the competence of the Board of Directors of the Ministry of Labor and Social Security (Exceptional Temporary Monetary Benefits, Salary Protection for Mothers of Children with Severe Disabilities and the exceptional granting of the Social Worker at Home), the Provincial Director of Labor has 7 working days to transfer the file and the opinion to the National Directorate of Prevention, Assistance and Social Work.
The National Director of Prevention, Assistance and Social Work evaluates the proposal and proposes to the Minister of Labor and Social Security, by means of an informed report, to access the application or deny it.
The Minister of Labor and Social Security, upon receiving the proposal formulated within the framework of his competence and within a term of up to 30 days, submits the proposal to the Board of Directors for its approval or denial. If the granting of the benefit is decided, the corresponding Resolution is issued.
When the benefit is denied for not meeting the requirements for its granting, the deputy director of Prevention, Assistance and Social Work of the municipality quotes the interested party in order to notify the decision and justify the causes.
The person who communicated the need for protection is also informed about the decision taken.
Causes of extinctions and modifications of benefits.
Decisions for termination or modification of benefits are adopted by the Board of Directors of the Municipal Labor Department, when any of the following situations occurs:
- Incorporation of a member of the family nucleus into employment;
- Income of the beneficiary in Nursing Homes, Grandparents Homes, Educational Psychology Centers or other healthcare institutions;
- Compliance with Active Military Service, by the young person who constitutes the sole or part of the family breadwinner;
- Transfer of the domicile to another municipality of the beneficiaries;
- Incorporation of the prisoner into employment or modification of the punishment of deprivation of liberty;
- If the beneficiary does not use the approved service;
- Death of the beneficiary;
- Other causes that vary the need for protection.
In the case of salary protection for mothers of children with severe disabilities, the following are considered as causes for the modification or termination of service:
- The son with severe disability accesses, for his psycho-pedagogical attention, educational or public health institutions with regular hours or is linked to some socio-labor alternative;
- When the term for which the protection is approved is fulfilled, detecting in the reevaluation that the circumstances were modified allowing the incorporation of the child to school or work life;
- The mother, by personal decision, is linked to work.
- When the mother, upon meeting the requirements for obtaining the age pension, voluntarily decides to apply for her retirement.
- The death of the child;
- The death of the mother;
When the salary protection is terminated for any of the stated causes, the designated municipal specialist, together with the employment department, makes job offers for their employment incorporation.
When the mother or child dies, proceed as follows:
- Death of son:
- The mother of working age has the right to enjoy the collection of her salary for three months after the date of death.
- Once the three-month term has expired, the municipal specialist, together with the employment department, makes the corresponding offers, according to the mother's work capacity.
- If the mother meets the age and years of service requirements, the deputy director of Prevention, Assistance and Social Work processes the retirement application with the municipal INASS Branch.
- Death of the mother.
The Deputy Director of Prevention, Assistance and Municipal Social Work, at the request of the relatives in charge of the son, carries out the procedures for the survivor pension to the Municipal INASS in accordance with current legislation