The Social Security Law No. 105 of 2008, establishes in its article 4 that the Social Assistance Regime protects any person unfit to work who lacks relatives in conditions of to help him, also in article 109 establishes that the protection is granted by means of monetary benefits, species and services.
For its part, Chapter II “On monetary benefits”, of Decree No. 283, Regulations of the Law, establishes the granting of these benefits, which according to their nature can be temporary or temporary. It also regulates that in exceptional cases, the Minister of Labor and Social Security may grant exceptional temporary monetary benefits from the Social Assistance System in amounts greater than those contained in the established scale.
All benefit proposals are submitted to the Board of Directors of the municipal, provincial or national body, according to the level to which the decision corresponds, for its approval, denial, or submit the proposal to the higher level.
Eventual monetary benefits are those granted when the person or family nucleus, for exceptional and justified reasons, presents an emergent situation.
As provided in Decree No. 283, Regulation of the Law, it is considered an emergent situation, when there is no family support or income to assume the immediate basic expenses for the child support, elderly, people with disabilities, seriously ill or other payments that are considered unpayable.
Temporary monetary benefits are those that are granted for a term of up to one year, when it is expected that the situation of the family nucleus that originated its concession will last over time. < / p>
The amount of temporary benefits is fixed taking into account the established scale, conditioned on the number of members of the family nucleus and the need for protection, for which the :
- Inability of the members of the family nucleus to enter employment, motivated by health situations, disability or other causes that justify it;
- Insufficiency of income to assume basic expenses; and
- Lack of obligated relatives in a position to provide help.
These are temporary monetary benefits of more than one year, which are granted when the family nucleus presents a situation of permanent need. As provided in the Regulations of the Law, the Municipal Director of Labor may, before the expiration of the period of the approved temporary monetary benefit, propose to the Provincial Director of Labor that the term of the benefit be extended.
These are exceptional temporary monetary benefits, those that are granted to individuals or family nuclei, on a temporary basis, in amounts greater than those established in the scale and approved by the Minister of Labor and Social Security, after analysis in the Board of Directors.
This protection is aimed at those people or families who are in a state of need, in accordance with the provisions of the Regulations of the Law and that the amount of the temporary monetary benefit that if appropriate, according to the established scale, is insufficient.
Its analysis is casuistic and its approval is valued whenever it is not possible to adopt other measures in the territory.
When evaluating temporary monetary benefits for up to one year, if the result of the analysis is to approve the proposal, the Director of Municipal Work records the decision taken, in the registry enabled for the Control of Temporary Monetary Benefits Approved or Proposed to the Superior Instance, being registered:
- File number;
- Date of the request;
- Name and surname of the beneficiary;
- Address;
- Date of the resolution of the Board of Directors;
- Amount approved or proposed;
- Type of approved or proposed benefit; and
- Date of the planned revision, which should not exceed three months.
In the case of temporary monetary benefits that are extended for terms exceeding one year and exceptional benefits, which are decided by higher instances, the file is transferred to the Director of Labor Provincial, within the term of seven business days following the adoption of the decision, attending to the requirements established in this procedure.
The Provincial Director of Labor, after receiving the file and the opinion prepared by the Municipal Director of Labor, submits the proposal to the analysis of the Board of Directors of his instance within the term seven business days.
In the case of temporary monetary benefits that are extended for terms exceeding one year, if the result of the analysis is to approve the proposal, the Provincial Director of Labor, establishes the decision taken , in the registry enabled for the Control of Temporary Monetary Benefits Approved or Proposed to the higher instance.
In the case of exceptional temporary monetary benefits, which are decided by the Ministry, the file is transferred, fulfilling the requirements established in this procedure, to the Provincial Director of Labor, within the term of seven business days following the adoption of the decision.
The files that are sent to the Department of Prevention, Assistance and Social Work will be transferred with a charge sheet that contains the file number, name and surname of the owner and the date shipping.
The National Director of Prevention, Assistance and Social Work is in charge of processing and analyzing each application and proposing to the Minister of Labor and Social Security, by means of a well-founded written document, to access the request or deny it, within five business days.
The Minister of Labor and Social Security presents the proposal of the National Director of Prevention, Assistance and Social Work to the Board of Directors for its analysis. If the granting of the benefit is decided, it dictates the corresponding Resolution.
If the benefit is denied, the Director of Prevention, Assistance and Social Work communicates it to the Provincial Director of Labor by means of a written brief.
Once the notification of approval of the exceptional monetary benefit has been received, it is immediately executed by the corresponding Department of Prevention, Assistance and Municipal Social Work.
The delivery of the means of payment to the beneficiaries of the approved exceptional temporary monetary benefits shall not exceed 10 calendar days, from the receipt of the resolutions in the municipality.
Payment of monetary benefits.
The temporary monetary benefits payment system consists of the following elements:
- Paycheck.
- Control register of delivered checkbooks.
- Collection authorization model for people unable to do it personally.
- List of beneficiaries that charge in each payment center.
The payment method consists of monthly coupons. Upon delivery to each beneficiary of the checkbook, their signature or fingerprints are recorded in the Checkbook Control Register, as proof that it was received.
The temporary monetary benefit becomes effective from the month of its approval, unless an urgent monetary benefit covering the same period has been granted due to urgent need.
When the beneficiary is unable to collect directly from the payment center, it can be authorized (exceptionally and whenever the impossibility of the beneficiary is demonstrated due to bedridden situations or other causes duly substantiated), to another person to do it on your behalf. This procedure is supported by your signature and date of authorization, the deputy director of Municipal Social Security in the model of "authorization of collections", which will control, with a consecutive order, the copies of the approved authorizations.
The person authorized to collect cannot be a worker of the Municipal or Provincial Labor Directorate, the National Institute for Prevention, Assistance and Social Work and its subsidiaries, the Office National Inspectorate and its subsidiaries, the National Center for Training and Development of Tables, the National Institute for Labor Research and the Ministry of Labor and Social Security. & Nbsp;
Checkbooks must be made on printer or typewriter. In no case may it present amendments or deletions. The director of each instance that intervenes in the distribution or delivery process is responsible for the custody of blank or ready-made checkbooks pending delivery to the beneficiaries, guaranteeing a place that has the required security conditions, in order to avoid the possibility of occurrence of criminal acts.
The delivery of the means of payment to the beneficiaries is done through the Social Assistance specialists, either at the Municipal Labor Office or at the beneficiary's home.
In those cases in which the delivery is made at the address, they must be attached to the control register of delivered checkbooks, the individual certificates showing the general beneficiary and their signature or fingerprint. In no case will the checkbooks be delivered to third parties, even when there is the consent of the beneficiary to make their collections, without the established requirements being met.
After 30 days, if the beneficiary has not come to pick up the checkbook and has not been located at his home, it will be destroyed, as established in the procedure to follow with the payment method when the benefit is modified or terminates.
The payment of temporary monetary benefits is basically made in the units of the Cuban Post Office. The deputy director of Prevention, Assistance and municipal Social Work delivers to each payment center, in the month of January of each year, the list with the cases authorized to collect, notifying monthly (before starting the payment) the additions, cancellations and changes of amounts, reconciling the total number of cases and the total amount to be paid, of which a written record is left.
Beneficiaries may only collect at the payment center where they are controlled, in the municipality where they reside.
In the event that the beneficiary does not make the collection within the payment period of the corresponding month, the causes are verified through a visit to their home and the Deputy Director of Prevention, Assistance and Social Work adopts the corresponding measures.
The payment of temporary monetary benefits is not retroactive, nor does it accumulate. Exceptionally, when the loss of the beneficiary's checkbook or other duly justified causes is verified, once the monthly reconciliation has been carried out, where it is verified that the benefit was not actually collected, the Municipal Labor Director authorizes the retroactive payment.