30 April 1993 RS Official Gazette No. 5
BOSNIA AND HERZEGOVINA
REPUBLIKA SRPSKA
LAW ON SOCIAL PROTECTION
I - GENERAL PROVISIONS
Article 1.
This Law regulates rights and regulations and is applied to social welfare, its organization, financing of its activities as well as to other important issues regarding the realization of social welfare.
Article 2.
According to this Law, social welfare is an organized activity with the aim of alleviating and eliminating the consequences caused by unsettled social circumstances in all areas of social life, giving assistance to citizens and their families.
Social need is considered to be the state in which the citizen or family is in need of social welfare so that they could satisfy their everyday needs.
Article 3.
Social welfare is provided to citizens without work capacity, financial resources, or without relatives who would be obliged to provide them with support, and to citizens and families with working capacity and property, insufficient to satisfy their everyday needs, due to special circumstances.
Article 4.
Social welfare incumbents foster development of social welfare through work in an organized way towards the realization of social welfare rights determined by this Law including funding of these rights.
Apart from obligations described in Paragraph 1 of this Article, social welfare incumbents can establish other rights as well as prescribe conditions for their realization on condition that funds needed have been provided.
Article 5.
Social welfare institutions are established in order to carry out its activities and realize the above mentioned rights, in accordance with this Law.
According to this Law, certain social welfare activities can be carried out by social humanitarian organizations, associations of citizens and by other citizens, as well as other institutions.
Article 6.
Rights described in this Law are related to a person and cannot be ceded or subject to enforcement.
Unique evidence on rights stipulated by this Law is regularly kept.
Article 7.
A beneficiary of social welfare is obliged to realize his/her rights in the most efficient way.
Article 8.
Professionals carry out social welfare activities and tasks: social workers, lawyers, psychologists, special teachers, pedagogues, sociologists, doctors and other medical staff.
Through its general act the social welfare institution prescribes work places of the above mentioned professionals.
Workers described in Paragraph 1 of this Law carry out social welfare activities in accordance with principles of social policy, contemporary social work methodology, achievements in science and social behavior.
While carrying out social welfare activities, the professional secret should be kept.
II - CARRIERS OF SOCIAL WELFARE
Article 9.
The Republika Srpska (hereinafter: Republic) and municipalities are bearers of social welfare in their respective area.
The Republic determines social welfare system, basic rights of social welfare beneficiaries, provides material assistance for the realization of developing function of social welfare, establishes and directs their work and takes care of the realization of the optimal development of social welfare, in accordance with economic and social policy.
According to this Law, the municipality provides financial assistance for the realization of rights determined by this Law, passes a program of social welfare on the basis of the analyze of social situation of citizens in the respective municipality, directs the work of social welfare institutions of great importance, establishes and takes care about the realization of the social welfare institutions and their work and carries out other activities to achieve social welfare goals and to coordinate all activities in which all bearers are involved.
III - BENEFICIARIES OF SOCIAL WELFARE
Article 10.
Beneficiaries of social welfare according to this Law are persons in need, especially the following:
1) Children
- without parental care
- with difficulties in mental or physical development
- whose development is hindered due to family circumstances
- whose upbringing is neglected
2) Adults
- persons without financial resources and a working capacity
- old persons without the family care
- persons with disabilities
- persons with negative social behavior
- persons in need of social welfare due to special circumstances
Article 11.
A child without parental care is a child without parents, or a child abandoned by parents, or a child whose parents are not capable of providing full care because their parental right has been limited or withdrawn.
Article 12.
Children with difficulties in mental or physical development are children with hearing problems, sight problems, voice and speech impairment, mental disability or with a combination of these problems.
Article 13.
A child whose development is hindered by family circumstances is a child whose parents, due to unsettled family relations or financial problems, are unable to provide the child with normal conditions for correct upbringing, physical and mental development.
Article 14.
A child whose upbringing is neglected is a person who, due to insufficient parental supervision and care, or due to the negative influence of the environment, disrupts generally accepted standards of behavior.
Article 15.
A person without financial resources is an adult without any means of support, without work capacity and who cannot provide financial resources on any other basis.
Article 16.
An old person without family care is according to this law a person older than 65 years (for a man) or 60 years (for a woman), who is self-supporting and whose family members and relatives, according to the law, are obliged to take care of her/him, but are not capable to provide the necessary support.
Article 17.
Persons with disabilities are adults partly or completely incapable of work, due to mental or physical disability.
Article 18.
A person with negative social behavior is a person who indulges in idleness, vagrancy, begging, prostitution, alcoholism and narcotics.
Article 19.
Persons with work capacity in need of social care, due to specific circumstances, are persons whose need is caused by war, unemployment, natural disasters, migrations, repatriation, death of one or more family members, long medical treatment in a health institution, as well as persons released after serving a sentence.
Persons listed in Paragraph 1 of this Article are eligible to the rights stipulated by this Law if they cannot realize the rights on another basis.
IV - THE SOCIAL WELFARE RIGHTS
Article 20.
Social welfare rights according to this Law are the following:
1. Material assistance,
2. Allowance for care and assistance by a third person,
3. Assistance for vocational training of children and youth for work
4. Placement into the social welfare institution or into foster family,
5. Social welfare services.
Right to material assistance, allowance for care and assistance by a third person, Placement into the social welfare institution or into foster family and social welfare services prescribed by this Law are considered to be the rights of common interest. The municipality ensures the realization of the above mentioned rights.
The republic provides financial resources necessary for the vocational training of children and youth with difficulties in mental or physical development, as well as for reconstruction, adaptation or equipping of social welfare institutions.
The municipality can determine other social welfare rights, in accordance with its possibilities, bigger rights than the range of rights determined by this, Law as well as more convenient conditions for their realization and other kinds of social welfare if funds are provided.
1. Right to Material assistance
Article 21.
Material assistance is provided to an individual who lives on her/his own (hereinafter: an individual), or to a family with an income under the subsistence level determined by this Law.
Article 22.
The level of material assistance according to Article 21 of this Law is determined in percentages based on the previous average monthly income per person employed on the territory of the municipality and amounts to:
1. an individual50 %
2. two member family 70 %
3. three member family90 %
4. four member family95 %
5. five or more members family 100 %
Statistical data is used to determine the level of material assistance as mentioned in paragraph 1. of this Article.
According to this Law the previous month refers to the last month for which at the moment of application the data on the average gross salary was provided.
The level of material assistance mentioned in paragraph 1. of this Article is for an individual who has working capacity or a family mentioned in Article 19 of this Law, reduced by 20 % and is provided for 6 months maximum.
Material assistance can be financial and in kind, or financial, or in kind.
Article 23.
In determining the rights and obligations according to this Law, income of individuals and families is taken into consideration as follows:
1. monthly income - the average (is taken into consideration) of income received in the previous month.
2. income from the agriculture - the amount of the cadastre income for the current year.
3. income from the rent of movable or real property
4. income from other property rights, if taxes are paid for this income
5. income from the support provided in accordance with the kinship or other legal basis
6. income from unregistered business - the average monthly amount received in the previous month, according to findings and the opinion of the department which decides on the right.
For citizens who have private business, the amount is taken into consideration that is used as a base to calculate the contribution for the pension and invalid insurance in the current year.
For annual income, the amount of an average monthly income is taken into consideration.
Article 24.
Income from the property or property rights are savings deposited on the account, cash, and the value of the expropriated property.
In case of expropriation of movable or real property, the market value of the expropriated property is taken into consideration at the time when a decision is taken on the rights determined by this Law
Article 25.
Material assistance is expressed in the monthly amount corresponding to the difference between the average monthly income of an individual or a family, received in the previous month and the level of material assistance as determined by this Law.
Article 26.
The institution deciding on eligibility for material assistance carries out a revision of the conditions (referring to income) for eligibility by the end of May each year.
For the beneficiaries who receive an income as employees, the revision mentioned in Paragraph 1 of this Article is carried out once in three months after the publishing of the official statistics.
2. Right to allowance for care and assistance by a third person
Article 27.
Right to allowance for care and assistance by a third person is provided to a person fulfilling conditions regarding his/her income determined by this Law for the realization of his/her right to material assistance. To meet their basic needs, these persons need care of another person, under condition this right cannot be provided on any other legal basis and that they do not enjoy the right to placement in the social welfare institution. This right is granted according to the opinion of the competent medical commission, and according to the regulations on the pension and invalid insurance.
Article 28.
Apart from Article 27 of this Law, independently of the amount of the family income, the right to allowance for care and assistance by a third person is provided to the person:
with serious physical and hearing problems, incapable of moving or taking care of himself/herself without assistance,
with difficulties in mental development, partial or full
with a combination of these problems,
persons with autism,
person with chronically mental disability and with no working capacity.
Article 29.
Allowance for care and assistance by a third person is determined in percentage based on the previous average monthly income in the amount of 25 %, described in Article 22, Paragraph 1(1) of this Law.
The above mentioned amount is determined and harmonized for the period according to this Law, following procedure for harmonization of the income.
3. Right to assistance for vocational training
Article 30.
Right to assistance for vocational training is provided to children and youth with difficulties in mental or physical development, capable of being trained for specific work in accordance with their mental and physical capabilities and age. This right cannot be realized on any other basis.
Determining the disability and assessment of the remaining work capacity as well as of vocational training is carried out in accordance with the procedure determined by special regulations.
Article 31.
Right to vocational training is realized through material assistance and reimbursement of vocational training costs.
Article 32.
According to this Law, a person to be vocationally trained, with no income, is provided with financial resources for personal needs according to the criteria determined for persons accommodated in social welfare institutions, during the vocational training period.
If a person is provided with placement into the appropriate institution or with foster family, according to this Law, he/she has the right to be reimbursed for the transport costs.
If a person should be transported from the place of residence to the vocational training institution, he / she has the right to be reimbursed in accordance with the lowest price of public transport.
4. Right to home based care, placement in the social welfare institution or with foster family
Article 33.
Right to home based care, placement into social welfare institution or into foster family is granted to a person whose family is not able to provide the appropriate assistance to a person with no family care and when the appropriate protection cannot be provided in another way.
Type of right mentioned in Paragraph 1 of this Article is determined by the competent social welfare institution in charge of deciding on rights described in this Law, on the basis of comprehensive consideration of the needs of the beneficiary and material situation of the family.
1.Home based care
Article 34.
Right to home care is provided for old, superannuated and other persons, chronically disabled and unable to live without help.
Home care is provided through doing the necessary housework (cleaning, procurement of food, hygienic and other necessary items, etc.).
Article 35.
The participation of beneficiaries and their relatives obliged to provide assistance to the beneficiary is determined according to the criteria determined by the municipal administration department, competent for social welfare.
2. Placement into social welfare institution
Article 36.
The placement into social welfare institution is realized through placement of a beneficiary in the appropriate institution which provides care (accommodation, food, clothes, care and assistance), education, training, vocational training to certain activities and health care in accordance with special regulations, cultural, recreation, rehabilitation activities and social services.
Article 37.
Right to placement in social welfare institution is provided to:
1. a child without parental care with hindered development caused by family circumstances until the age it is capable of self-supporting life, return to its own family or with adoptive or foster family, or completion of regular education,
2. a child with difficulties in mental or physical development, child with autism, as well as a child with physical disability, with no conditions for living in its own family,
3. a child whose upbringing is neglected,
4. pregnant women and self-supporting mothers without financial resources, with a child until the age of nine months, in need of temporary care, due to the lack of placement, family circumstances and similar situations,
5. an adult person with disability, with physical, hearing and mental problems, persons with hard and chronical disability, incapable of independent life within the family, due to bad health and social circumstances, the lack of placement or unsettled family circumstances, as well as persons with negative social behavior,
6. a pensioner and other old persons, incapable of living in a family or another household, due to bad health and social circumstances or the lack of placement,
7. a person found in vagrancy or in need for care due to other circumstances.
3. Placement into foster family
Article 38.
According to this Law, right to placement into foster family is provided to a person who is eligible to be placed in a social welfare institution.
While choosing a family in which a beneficiary is to be placed, the service in charge of placement shall decide upon the personal characteristic of the beneficiary and family members where he/she will be accommodated, as well as upon the kind of placement and other family conditions and needs of the beneficiary.
Article 39.
A beneficiary cannot be placed into foster family:
1. whose member’s parental right has been limited or if he / she is without working capacity
2. in which family relations are unsettled,
3. in which a family member is with negative social behavior,
4. in which the health of the would be hindered due to the family member’s bad health condition.
Article 40.
An interpersonal relation within the service that provides placement with families is determined by a written agreement on the basis of decision on placement.
The agreement is concluded with a family member who is appointed a supporter at the time when the agreement is signed.
The supporter has the right to be reimbursed for supporting the beneficiary and for the work that is to be paid from resources intended to the realization of social welfare rights.
The criteria for determining the amount of reimbursement are determined by the competent social welfare ministry.
The placement with foster family is discontinued either through the agreement of the interested parties, conciliation of the agreement, if the reason for such a protection does not exist any more, in case of the beneficiary’ death or if the family member, who concluded the agreement, died.
The discontinuation of the agreement on the placement with foster family is to be presented in writing.
The discontinuation deadline lasts at least for 30 days within which period the service is obliged to provide the beneficiary with the appropriate protection.
Article 41.
A part or the total placement costs in the social welfare institution or with foster family, are paid by the beneficiary, his/her parent or relative obliged to support the beneficiary, competent institution or another organization and persons who took upon themselves the payment of costs.
Article 42.
A beneficiary participates in bearing of costs through his/her income, reduced by the amount necessary for satisfying personal needs of the beneficiary.