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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) (amend. SG 31/05) The differentiated minimal income shall be determined as follows:
1. for persons over 75 years of age, living alone – 165 percent of the guaranteed minimum income (GMI);
2. for persons over 65 years of age, living alone – 145 percent of the GMI;
3. for persons over 65 years of age – 100 percent of the GMI;
4. for a person, cohabiting with another person (persons) or family, and for each of the spouses living together – 66 percent of GMI;
5. for a person up to 65 years of age, living alone – 73 percent of GMI;
6. 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 a person with durably reduced ability to work by 50 and over 50 percent – 100 percent of GMI;
7. for a person with durably reduced ability to work by 70 and over 70 percent – 125 percent of GMI;
8. (amend. – SG 101/07) for a child:
a) till 16 years of age and if he/she studies – till graduation of secondary education, including till graduation of XIII grade of a professional high school but not more than 20 years of age – 71 percent of GMI;
b) from 7 to 16 years of age and if he/she does study till graduation of secondary education, including till graduation of XIII grade of a professional high school, and has admitted 5 or more inexcusable absences for the respective month – 30 percent of GMI;
c) from 7 to 16 years of age, who does not study - 20 percent of GMI;
9. for an orphan child; for a child accommodated in a family of close friends or relatives or in receiving family under art. 26 of the Law of protection of the child; for a child with permanent damage – 100 percent of GMI;
10. for a parent bringing up alone child/children:
a) up to 3 years of age – 120 percent of GMI;
b) up to 16 years of age, and if he studies – till graduating of secondary or professional education, but not more than 20 years of age – 100 percent of GMI;
11. for pregnant women 45 days before childbirth and for a parent bringing up a child up to 3 years of age – 100 percent of GMI.
(4) (amend. SG 31/05) In the presence of more than one of the grounds of para 3 the higher extent shall be applied.
(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.
(6) (new – SG 101/07) The income shall be declared for the month they have been received regardless of the period they are referred to.
(7) (new – SG 101/07) In order to ascertain circumstances as per para 3, item 8, letters "a" and "b" the directorates "Social support" shall use the information received on the grounds of Art. 17, para 3, item 4 and para 4 of the Regulations for Implementation of the Law for the Family Support for Children, adopted by Decree No 130 of the Council of Ministers in 2002 (Prom. SG. 67/12 Jul 2002, amend. SG. 93/19 Oct 2004, corr. SG. 97/2 Nov 2004, amend. SG. 115/30 Dec 2004, amend. SG. 71/1 Sep 2006).
(8) (new – SG 26/09) For determination of the differentiated minimum income for children with a granted status of refugees or humanitarian status, the provision of Art. 3, item 8 shall be applied, as follows:
1. for the period of involvement in the National program of integration of the foreigners in the Republic of Bulgaria – item "a";
2. after termination of the involvement in the National program of integration of the foreigners in the Republic of Bulgaria and for children, who have not been involved in it – items "a", "b" and "c" in consideration of the educational schedule.
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. (amend. SG 31/05; amend. – SG 54/06) have no contracts for submitting property against obligation for support and/or care concluded; 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 individual with handicaps;
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; amend. – SG 101/07) the unemployed must be registered in the directorates "Employment bureaux" for at least 9 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; amend. – SG 54/06) The requirements of para 1, item 1 shall not regard the owners of only one home 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 home is not a source of additional income due to impossibility of renting them, poor technical condition, health, hygienic, social or other 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, amend. SG 31/05) individual with handicaps 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. (revoked – SG 26/09);
4. (amend. SG 40/03; suppl. – SG 101/07) the conclusion of the work under employment programmes or measures 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 vocational education establishment or special schools;
7. (amend. SG 40/03; revoked – SG 26/09);
8. (new – SG 40/03, amend. SG 31/05) the expiry of the term of the expert decision of the territorial expert medical commission (TEMC) or the National expert medical commission (NEMC), 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.
(5) (new – SG 54/06) The term under para 1, item 7 shall not refer to the persons –victims of traffic, who have registered at the directorates "Employment bureau" in three-month term from their returning in the state, from the end of their stay at the asylums for temporary accommodation or after the final concluding of the penal procedures regarding the persons referred to in Art. 25, item 1 of the Law of Fighting the Illegal Traffic of People and who have not refused to cooperate with the competent Bulgarian authorities in order to clarify the circumstances concerning their involvement in the traffic of people.
(6) (new – SG 26/09) The term of par. 1, item 7 shall not refer to persons with granted status of refugees or humanitarian status, who have been registered in the directorates "Employment office" within 3 months after handing over of the resolution for granting of the refugee status or humanitarian status.
(7) (new – SG 26/09) The term under par. 1, item 7 shall not refer to mothers, whose children have died prior to the age of 3, and who have been registered in the Directorates "Employment office" within 3 months after the occurrence of the event.
Art. 11. Entitled to monthly support under Art. 9 shall not be:
1. (amend. SG 97/01, suppl. SG 40/03; amend. – SG 54/06) 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 are people with durable handicaps;
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, amend. SG 31/05; amend. – SG 26/09) 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 individual with handicaps students, pregnant women and parents raising children up to 3 years of age or a child with disability 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; amend. – SG 101/07) Unemployed persons referred to in Art. 12c, para 1 of the Law for Social Support, who are not included in employment programmes, approved by the Minister of Labour and Social Policy, 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) (amend. – SG 54/06; amend. – SG 101/07) The monthly support for the persons under para 1, who have refused to participate in the programmes organised by the municipalities shall be cancelled.
(3) (amend. SG 97/01; suppl. SG 46/02; amend. SG 40/03; amend. – SG 54/06; amend. – SG 101/07) The requirements under para 1 and the cancellation of 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. (amend. – SG 54/06) the persons, for the period they take 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;
7. (new – SG 26/09) persons with a granted refugee status or humanitarian status for the period of involvement in the National program of integration of the foreigners in the Republic of Bulgaria.
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. (amend. – SG 101/07) orphans up to 25 years of age, who have graduated social education-professional centre;
2. single elderly people over 70 years of age;
3. (revoked – SG 115/04)
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, amend. SG 31/05; amend. – SG 54/06) The persons with 71 percent or over 71 percent of permanently reduced working capacity, the children up to 16 years of age with reduced capability for social adaptation and the military individuals with handicaps 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) (new – SG 54/06; amend. – SG 26/09) The expenses for travelling via bus transportation of the persons referred to in Art. 18 and 19 shall be paid up on the grounds of application-declaration pursuant to the approved form according to Attachment No.1a, submitted in one-month term from the final date of each travelling carried out, along with tickets, attached to it, and a certificate, in which the carrier has reflected the carried out trip.
(3) (suppl. SG 40/03; prev. text of para 2 – SG 54/06) 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. (revoked – SG 115/04)
Art. 22. (amend. SG 97/01; revoked – SG 115/04)
Art. 23. (revoked – SG 115/04)
Art. 24. (amend. SG 97/01; revoked – SG 115/04)
Art. 25. (1) (amend. SG 42/99, SG 26/02, SG 40/03; amend. – SG 54/06) The monthly, the purposed and one-time support, by the judgement of the head of directorate "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; amend. – SG 54/06) The determined monthly support in kind to persons and the families who have refused to receive it shall be suspended 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. (amend. SG 31/05) medical certificate, record of PCC, expert order of TEMC or NEMC;
(5) (amend. SG 40/03, in force from May 1, 2003) If necessary the directorates "Social support" can require also other documents.
(6) (suppl. SG 40/03, in force from May 1, 2003; amend. – SG 54/06) When processing the applications for social support required by official order shall be the necessary information from the territorial structures if the National Revenue Agency, 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.
(7) (new – SG 26/09) For persons with a granted refugee status or humanitarian status, who do not have the required documents, certifying their eligibility for social support, a certificate issued by the State Agency of Refugees on the grounds of Art. 54, par. 2 of the Law for the asylum and the refugees shall be presented.
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) (amend. – SG 101/07; amend. – SG 26/09) Within 7 days 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; amend. and suppl. – SG 101/07) The monthly support shall be amended, suspended, renewed and stopped with an order by the director of directorate "Social support" or an official, authorised by him.
(2) (new – SG 97/01, amend. SG 40/03; amend. – SG 54/06; amend. – SG 101/07) The monthly aid shall be stopped:
1. from the first date of the month during which the unemployed person has refused to take part in the programmes referred to in Art. 12;
2. from the first date of the month during which the term under Art. 12c, para 1 of the Law for Social Support has expired;
3. from the first date of the month following during which the grounds for their granting has dropped.
(3) (new – SG 101/07) In those cases referred to in para 2, items 1 and 2 the right of monthly aid shall be renewed upon expiration of 12 months from its cancellation.
(4) (new – SG 26/09) In case of occurrence of any change in the circumstances based on which a monthly social support has been granted, the supported person shall be obliged within one month to notify in writing the respective Directorate "Social support" about all occurring changes, when filling in the declaration of the approved form according Attachment No. 1b.
(5) (new – SG 54/06; prev. text of para 3 – SG 101/07; prev. par. 4 – SG 26/09) Any change of the circumstances in relation to which the monthly support is being amended, suspended or renewed, shall be reflected in an additional questionnaire of the person or the family according to Appendix No 7.
Art. 33. (revoked – SG 40/03)
Art. 33a. (new – SG 54/06) By an order of the director of directorate "Social support" or an official authorised by him the persons referred to in Art. 14, paras 5 and 6 of the Law for Social Support shall be deprived of social support.
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)
Art. 35a. (new – SG 54/06) (1) In 7-day term from receiving a written warning, the director of directorate "Social support" shall issue an order for carrying out inspection in order to ascertain social aid received in bad faith pursuant to Art. 14a of the Law for Social Support.
(2) The official, who has conducted the inspection under para 1 shall work out attesting record in two identical copies, one of them being handed over to the inspected person in 7-day term.
(3) The inspected person may submit written objections before the director of directorate "Social support" in three-day term from handing over the attesting record under para 2.
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) (amend. – SG 101/07; amend. – SG 26/09) Social services, provided in the community, are:
1. personal assistant;
2. social assistant;
3. home assistant;
4. home social patronage;
5. day centre;
6. social rehabilitation and integration centre;
7. social service – residence type;
a) family type accommodation centre;
b) temporary accommodation centre;
c) crisis centre;
d) provisional residence;
e) protected residence;
f) monitored residence;
g) shelter;
8. social education-professional centre;
9. mother and baby unit;
10. social support centre;
11. centre for working with children in the street;
12. foster care;
13. public canteens.
(3) (amend. – SG 101/07) Institutions specialised in provision of social services are the following:
1. homes for disadvantaged children, being:
a) orphanages;
b) homes for physically handicapped children;
c) homes for children with mental disability;
2. homes for elderly handicapped persons, being:
a) homes for elderly persons with mental disability;
b) homes for elderly persons, having mental disorders;
c) homes for elderly physically handicapped persons;
d) homes for elderly persons, having sensory disorders;
e) homes for elderly persons, having dementia;
3. homes for old persons.
(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.
(7) (new – SG 101/07) The executive director of the Agency for Social Support shall approve methods and/or instructions for activity related to provision of social services.
Art. 36a. (new – SG 40/03, amend. SG 31/05) (1) (suppl. – SG 101/07; amend. – SG 26/09) Under a proposal of the director of the regional directorate for social support the executive director of the Agency for Social Support shall permit:
1. opening, change of the type and/or adjustment of the capacity of the social services where they are delegated by the state activities and meet the standards and the criteria for social services
2. closing of social services, where they are delegated by the state activities.
(2) To the proposal of para 1 shall be attached the following documents:
1. (amend. – SG 101/07; amend. – SG 26/09) motivated decision of the municipal council regarding opening, closing, change of the type and/or adjustment of the capacity of the social service, in which obligatory are indicated the capacity of the social service and the date of enforcement of the decision;
2. (amend. – SG 26/09) documents, evidencing the right of ownership or grounds for using the respective material resources, as well as the opportunity to be used in consideration of the type of the social service.
(3) (suppl. – SG 101/07; amend. – SG 26/09) Upon established violation of the criteria and the standards for social services the executive director of the Agency for Social Support shall permit closing, change of the type and/or of the capacity of the social services, where they are delegated by the state activities, upon motivated proposal by the inspectorate of art. 5, para 4 of the Law of social support.
(4) (amend. – SG 26/09) When the proposal of para 3 is for closing of a social services for children or social service for children a statement by the chairman of the State agency for protection of the child shall obligatory be required.
(5) (suppl. – SG 101/07; amend. – SG 26/09) In 14 days term after receiving of the proposal of para 1 or 3 the executive director of the Agency for Social Support shall with an order permit or refuse the opening, closing, change of the type and/or the capacity of social services.
(6) (amend. – SG 26/09) The order of para 5 shall be subject to appeal by the order of the Code of administrative procedure.
Art. 36b. (new – SG 26/09) Within one month from the date of opening or closing of social services, which are not delegated by the state activities, the mayors of municipalities or the management bodies of the persons of Art. 18, par. 1, item 3 and 4 of the Law for the social support, providing the services, shall be obliged to notify in writing the Agency of social support about the type and capacity of the services.
Art. 37. (amend. SG 40/03) (1) (amend. – SG 26/09) The mayor of the municipality can assign the management of the social services after conducting of a 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) (amend. – SG 26/09) The order shall be subject to appeal by the order of the Code of administrative procedure.
(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.
(3) (new – SG 26/09) A copy of the contract of par. 1 shall be submitted to the Agency for social support.
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. (amend. SG 31/05) the director of directorate "Social support" – for the social services, which are activities delegated by the state;
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. (amend. – SG 26/09) a document of identity (for reference);
2. a copy of personal ambulatory card, if there is such;
3. (amend. SG 40/03, amend. SG 31/05) a copy of order of PCC, TEMC, NEMC if there is such.
(3) If necessary the provider of social services can require also other documents.
(4) (suppl. – SG 26/09) 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 according to Attachment No. 8.
Art. 40a. (new – SG 40/03) (1) (amend. SG 31/05) The accommodation at specialised institutions and the conceding of social services in the community, when they are activities delegated by the state, 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; amend. – SG 26/09) 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 Code of administrative procedure.
Art. 40c. (1) (new – SG 40/03; prev. Art. 40c – SG 26/09) 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.
(2) (new – SG 26/09) The provider of social services shall conclude a contract for provision of services with the consumer and/or with his/her legal representative. The following must be included in the contract:
1. contractual parties right and obligations;
2. description of the activities;
3. the amount of the fee for the social services – subject of the contract;
4. validity of the contract;
5. terms and conditions and method of termination of the contract.
Art. 40d. (new – SG 40/03) (1) (amend. – SG 26/09) The suppliers of social services 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) (amend. – SG 26/09) The providers of long-term provided social services shall assess the fulfilment of the plan of para 1 and if necessary update it.
(6) (new – SG 26/09) In case of termination of provision of a short term social service the implementation of the plan under par. 1 shall be assessed in order to follow up if the specified therein objectives have been achieved in terms of consumer's needs, effectiveness and efficiency of the use of the service.
Art. 40e. (new – SG 40/03) (1) (amend. – SG 101/07) The providers of social services shall keep registers of the consumers.
(2) The kept register shall contain information about:
1. (amend. – SG 101/07) the name, the permanent and/or the present address, the date of birth and the family status of the consumers;
2. (suppl. – SG 101/07; amend. – SG 26/09) the document for accommodation or for acceptance in the social service;
3. (amend. – SG 101/07) the name, the permanent and/or the present address and the telephone number of guardian, trustee or close relative of the consumers;
4. (amend. – SG 101/07) the name, the address and the telephone number of the personal physician of the consumers;
5. (suppl. – SG 101/07) the date of accommodation/ acceptance;
6. the date of leaving;
7. (amend. – SG 101/07) the date, the hour and the reason for the death in those cases where the consumer who has deceased in a specialised institution or who has been provided with a social service within the Community.
(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, suppl. SG 31/05; amend. – SG 101/07; amend. – SG 26/09) The social services, conceded at specialised institutions, and the social services in the community of art. 36, para 2, items 5, 7 – 9 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. (amend. – SG 26/09) ensured correct feeding regime, accounting for the requirements of the Law of the health and the normative acts for its implementation;
2. (amend. – SG 26/09) 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 health and the normative acts for its implementation;
3. (suppl. – SG 26/09) compliance of the premises, in which are preserved food products, with the requirements, defined by the specialised control bodies, except for the social services under Art. 26, par. 2, item 7, items "d", "e" and "f"
(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. (suppl. – SG 26/09) planning and organizing of cultural, spot and other activities and encouragement of the users of social services to participate in them;
4. (revoked – SG 26/09).
(5) The social services, conceded in specialised institutions and in the community, must correspond to the following standards and criteria for servicing staff:
1. (amend. – SG 26/09) compliance of the number of the staff with the positions according to the approved by the Minister of labor and social policy practices for provision of social services;
2. (amend. – SG 26/09) periodical assessment of the fulfilment of the tasks by the staff, carried out by the employer, and reporting of the planned activities;
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; amend. – SG 26/09) The Agency for social support shall keep a register of the persons under Art. 18, par. 1, item 3 and 4 of the Law for the social support, which may provide social services.
Art. 43. (amend. SG 40/03) (1) (amend. – SG 54/06) 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 and shall present unified identification code (UIC) of the person, in case it is a trader or cooperation, BULSTAT code of the legal entity, in case it is not a trader.
(2) (new – SG 54/06) The persons referred to in Art. 42, who are not entered in the commercial register at the Registry Agency, shall submit to the executive director of the Agency for Social Support an application according to a model pursuant to Appendix No 5, to which shall be attached the decision for initial court registration, certificate for updated status, issued by the competent court not earlier than 6 moths from the date of submitting the application, and a card for identification in register BULSTAT.
(3) (new – SG 26/09) The persons under Art. 18, par. 1, item 4 of the Law for the social support shall attach to the application of par. 1 a legalized translation of the documents, evidencing the registration under their national legislation.
(4) (prev. text of para 2 – SG 54/06; prev. par. 3 – SG 26/09) 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.
(5) (new – SG 26/09) For the provision of social services, for which buildings premises are required, it shall be evidenced by a document of ownership or a document, evidencing the grounds for the use of the facility, and the following shall be attached:
1. permit of use of a building issued by the Directorate of National Construction Supervision;
2. certificate of entering into the register of facilities with public purpose of use issued by the regional inspection for protection and control of the public health.
(6) (new – SG 26/09) In case of submission of an application for registration of a new social service the registered suppliers of social services shall submit a certificate of updated status or registration, issued by the competent body not earlier than 6 months from the date of submission of the application.
(7) (new – SG 26/09) The documents of par. 1 – 6 may be in an original copy or a copy certified by a notary public and shall be submitted in person or by an acknowledged receipt mail.
(8) (prev. text of para 3 – SG 54/06; prev. par. 4 – SG 26/09) In the register shall be entered the following circumstances:
1. (amend. – SG 54/06) data about the person – number and file of the court, respectively commercial registration, number of the company file, name, headquarters, unified identification code in register BULSTAT, unified identification code (UIC) of the person, in case it is a trader or cooperation, BULSTAT code of the legal entity, in case it is not a trader, kind of the person;
2. (suppl. – SG 54/06) 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) (amend. – SG 26/09) The refusal of para 1 shall be subject to appeal by the order of the Code of administrative procedure.
(4) (new – SG 54/06; amend. – SG 26/09) The certificate referred to in para 1 shall be issued in two copies, the first one being presented to the applicant or to a person authorized by him/her and the second one shall remain at the Agency for Social Support.
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. (amend. – SG 26/09) at not implementing of activity for conceding of social services by the registered person in a period of two years;
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.
7. (new – SG 26/09) where the certificate of Art. 44, par. 1 has not been received within 3 months after its issuance.
(2) The deleting of the registration shall be implemented with order by the executive director of the Agency for social support.
(3) (amend. – SG 26/09) The order shall be subject to appeal by the order of the Code of administrative procedure.
(4) The appealing of the order shall not stop its fulfilment.
(5) (new – SG 54/06) The persons, who have been deleted from the register, shall be obliged to return the certificate, issued by the manner of Art. 44, para 1, at the Agency for Social Support.
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. (amend. SG 31/05; suppl. – SG 54/06) "The family" includes the spouses, the underage children and well as the major children if they continue to study till graduation of secondary general or professional education but not later than rounding 20 years of age (born, legitimized, adopted, stepchildren, with exception of the married ones).
3. (suppl. – SG 54/06) "Single parent" is a person who, due to widowhood, divorce or without marriage raise alone children under 18 years of age, as well as the full age children if they continue to study, till graduation of secondary general or professional education but not later than rounding 20 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, amend. SG 31/05) the extra to the support for the individual with handicaps with reduced working capacity over 90 percent with a right of another's help;
c) (suppl. SG 46/02; amend. – SG 54/06) one-time support for birth 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);
Art. 40f. (new – SG 40/03, suppl. SG 31/05; amend. – SG 101/07) The social services, conceded at specialised institutions, and the services of art. 36, para 2, items 5, 7 – 12 and 14 - 18, must meet the following standards and criteria for location and material base:
l) (new – SG 40/03; suppl. – SG 54/06) the scholarships, received from various sources of financing in relation with Art. 36, para 1, item 6 and Art. 43, para 1 of the Law for the Public Education following the procedure laid down in the Law of Encouragement of Employment and the National programme "From social support to ensuring of employment".
m) (new – SG 31/05) the monthly allowance for social integration in the context of art. 42 of the Law of integration of the people with handicaps;
n) (new – SG 54/06) one time purposed support pursuant to Art. 10a of the Law for the Family Support for Children.
o) (new – SG 101/07) one-time aid in the event of death of a family member or a relative by ascending and descending line up to second degree;
p) (new – SG 26/09) the supports, received under the National program for integration of the foreigners in the Republic of Bulgaria.
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; amend. – SG 54/06) "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 Social Insurance Code.
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; suppl. – SG 54/06) "Day centre" is a complex of social services, which create conditions for overall servicing of the users during the day or weekly, 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. In the cases where the provision of services is weekly, the users are being serviced from Monday to Friday.
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; suppl. – SG 101/07) "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 within the calendar year.
24. (new – SG 40/03; amend. – SG 93/06) "Receiving care" is bringing up and education in family environment of a child, who is accommodated in a family of relatives or close friends or in a foster family.
25. (new – SG 40/03; amend. – SG 26/09) "Crisis centre" is a complex of