Republic of Serbia GOVERNMENT OF THE REPUBLIC OF SERBIA LAW ON AMENDMENTS OF THE LAW ON SOCIAL CARE AND PROVIDING OF SOCIAL SECURITY TO CITIZENS

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1 Republic of Serbia GOVERNMENT OF THE REPUBLIC OF SERBIA LAW ON AMENDMENTS OF THE LAW ON SOCIAL CARE AND PROVIDING OF SOCIAL SECURITY TO CITIZENS Belgrade, July 2004

2 2 LAW ON AMENDMENTS OF THE LAW ON SOCIAL CARE AND PROVIDING OF SOCIAL SECURITY TO CITIZENS Article 1 In the Law on Social Care and Providing of Social Security of Citizens ("Official Gazette of the RS", No. 36/91, 79/91, 33/93, 53/93, 67/93, 46/94, 48/94, 52/96 and 29/01), the Article 8, paragraph 3, after the word "citizens" insert the comma and words: "provided otherwise is set forth by this Law". Article 2 In the Article 9, paragraph 1, item 4) after the word "residence" insert the following words: "temporary accommodation at refuge centre and refuge station". In paragraph 3 after the word: "residence" insert the words: "temporary accommodation at refuge centre and refuge station ". After paragraph 4 insert paragraphs 5 and 6, wording as follows: "The funds for a lump sum financial assistance shall be provided from the budget of the Republic in cases of the extreme menace to living standard of a large number of citizens. The decision on lump sum financial assistance under paragraph 5 of this Article shall be rendered by the Government of the Republic of Serbia". Article 3 In the Article 10 after the word: "under" insert the word: "minimum". The paragraph 2 shall be inserted, wording as follows: "An individual, capable of work, i.e. a family with members capable of work, except for those where most of the members are incapable of work, or a member of which is in military service, are entitled to financial provision for the period up to nine months per year". Article 4 The Article 11 is to be amended, wording now as follows: "Article 11 A minimum level of the social security for September 2004 shall be established in a percentage amount from the base equal to the average wage per employee realized in the Republic in the second quarter of 2004 and shall amount to: 1) for an individual - 16%; 2) for a family consisting of two members - 22%; 3) for a family consisting of three members - 28%; 4) for a family consisting of four members - 30%; 5) for a family consisting of five members and more - 32%. The minimum social security level under paragraph 2 of this Article shall be adjusted each month with the living costs index. Nominal amounts per month of the minimum social security level, rounded off in dinars, pursuant to paragraphs 1 and 2 of this Article, shall be set up by the Minister in authority for social welfare issues".

3 3 Article 5 In the Article 12, paragraph 1, after the word "income of" insert the word: "minimum". Article 6 The Article 16 is to be changed, wording now as follows: "Article 16 For exercising rights and duties under this Law shall be taken into consideration all incomes, except for children allowance, parent allowance, allowance for help and care of other person, disability allowance, incomes by virtue of rewards and severance pay for retirement, as well as incomes relating to the pupil's and student's standard. Notwithstanding paragraph 1 of this Article, allowance for help and care of other person shall be treated as the customer's income at establishing the participation in costs of accommodation at the social care establishment, day care accommodation and home care help". Article 7 In the Article 18, paragraph 1, item 1) shall be changed, wording now as follows: "1) incomes, realized to the monthly amount equal to the amount of the average monthly income excluding taxes and contributions, realized over three months prior to the month of the request submission, that is to say, equal to the amount of income excluding taxes and contributions realized in one month, or the average income realized in two months, in case of default in income for all three months;". In item 6) for the words: "preceding quarter" substitute the words: "three months prior to the month of the request submission". Article 8 The Article 19 shall be changed, wording now as follows: "Article 19 As the income shall be deemed also savings deposits, cash, securities and value of alienated assets, except when the assets are alienated for the purpose of covering costs of medical treatment of family members. In case of alienation of a real estate or movable property, for the income shall be taken the market value of the alienated assets at the moment of rendering decision on the right under this Law." Article 9 The Article 20 shall be changed, wording now as follows: "Article 20 Financial provision shall be established in monthly pecuniary amount equal to the difference between the minimum social security level established within the meaning of the Article 11 of this Law, and the amount of the average monthly income of an individual or a family, received during the three months period prior to the month of the request submission. The sum of the financial provision shall be adjusted each month with the living costs index and paid in amounts rounded off in dinars".

4 4 Article 10 The Article 21 shall be changed, wording now as follows: "Article 21 The establishment that shall render decisions on the right of financial provision shall examine conditions for exercising of the right concerned in May of the current year, by virtue of incomes realized within preceding three months. For families with members capable of work, the examination under paragraph 1 of this Article shall be performed quarterly, on the basis of incomes realized within preceding three months. During the procedure of examination of the conditions under paragraphs 1 and 2 of this Article, a new decision shall be taken, provided the changes have arisen, affecting the further exercising of the right." Article 11 The Article 22 shall be changed, wording now as follows: "Art. 22 The right to financial provision shall be recognized from the date of the request submission." Article 12 In the Article 23, paragraph 1, after the word "basis" insert the full-stop, and omit the text by the end of the sentence. The Article 25 is amended as follows: Article 13 "Article 25 A nominal monthly amount of the allowance for help and care of other person shall be established. The monthly sum of the allowance under paragraph 1 of this Article for September 2004 is 4, dinars. The right to allowance for help and care of other person shall be recognized from the date of the request submission, if at the moment of the request submission have been fulfilled conditions for the recognizing of the right. The amount of the allowance for help and care of other person shall be adjusted each month with the living costs index. The nominal monthly amounts of the allowance for help and care of other person, rounded off in dinars, pursuant to paragraphs 2 and 4 of this Article, shall be established by the Minister in authority for social welfare issues". Article 14 In the Article 37, paragraph 1, item 4) for the words "up to nine months" substitute the words "up to one year". Article 15 In the Article 40 insert paragraphs 3, 4, 5 and 6 as follows:

5 5 "With the other family may be accommodated as a maximum three children, i.e. two children with special needs, while the total number of children living in the guardianship family, including the own guardians' children, may not exceed four children. Notwithstanding paragraph 3 of this Article, when it is to the best interest of the children, with a guardianship family may be accommodated more children, when they are accommodated with the family of their relatives, or when the accommodation of brothers and sisters is concerned. With the other family may be accommodated as a maximum three adults or three old persons. More specific conditions, kinds and forms of accommodation with other family, shall be established by the Minister in authority for social welfare issues." Article 16 In the Article 42 paragraph 2 is amended as follows: "The Contract shall be stipulated with one member of the family, who, during the procedure of eligibility assessment, preparation and training at the competent social care institution, has been properly qualified for the guardian, on basis of which he is issued an Act for guardian qualification by the Minister in authority for social welfare issues. After paragraph 8, insert paragraphs 9, 10 and 11, as follows: "A remuneration for guardian's work per customer may not be less than 20% of the average wage excluding taxes and contributions payable per employee to the budget of the Republic, while the total amount of the remuneration for guardian's work with several customers may not exceed the average wage excluding taxes and contributions payable per employee to the budget of the Republic, except for cases under the Article 15, paragraph 4 of this Law. Funds for guardians' work, realized under the Contract, with all relating statutory obligations, shall be provided from the budget of the Republic. More specific conditions, as well as a form of the Act under paragraph 2 of this Article, shall be established by the Minister in authority for social welfare issues." Article 17 In the Article 47 after paragraph 3 insert new paragraphs 4, 5, 6, wording as follows: "If a person, bearing the costs of support, under paragraph 3 of this Article, fails to effect payment of accommodation expenses within the set time-limit, the social work centre in charge shall, within 30 days of the date of exceeding of time-limit, institute the proceedings for the debt collection before the competent court. In case under paragraph 4 of this Article, when accommodation of the customer with the other family is concerned, simultaneously with the institution of the proceedings before the competent court, the social work centre shall render a decision, establishing that, by the termination of the court proceedings, the obligation of parents, i.e. relatives, shall be covered from the budget of the Republic. The funds for a settlement of the debt under paragraph 5 of this Article, upon termination of the court proceedings, shall be paid in favour of the budget of the Republic." The former paragraphs 4 and 5 shall become paragraphs 7 and 8. In the former paragraph 6, which becomes paragraph 9, after the words "accommodation prices", omit full-stop and insert the words: "as well as the costs of proceedings for exercising this right, which shall be paid in favour of the social work centre."

6 6 The former paragraph 7, which becomes paragraph 10, is amended as follows: "The high standard capacities, within the meaning of paragraph 9 of this Article, shall be established by the Minister in authority for social welfare issues". After paragraph 10, insert paragraph 11, wording as follows: "The funds, realized by the social work centre for account of costs of the procedure of accommodation at high standard capacities, shall be allocated for the advanced training of employees and improvement of working conditions". Article 18 In the Article 48, paragraph 2, omit the word "by this". In paragraph 3 for the words: "prevention, exercising rights under this Law and legal family protection" substitute the words: "prevention and exercising rights under this Law". Article 57, paragraph 8 is amended as follows: Article 19 "Against absolute decisions under paragraphs 2, 3 and 4 of this Article administrative proceedings may be instituted." Article 20 In the Article 61, paragraph 1, after the word "days" insert the words: "that is to say, in military service". Article 21 In the Article 65 paragraph 1 is amended as follows: "The social care institutions for accommodation of customers, except for refuge centres and refuge stations, shall be founded by the Government of the Republic of Serbia, that is to say, the competent body of the Autonomous Province, pursuant to the decision on network of such institutions adopted by the Government of the Republic of Serbia. In paragraph 3 for the words: "on the basis of criteria established by the Government of the Republic of Serbia" substitute the words: "pursuant to the Law". In paragraph 4 after the word: "Serbia", insert the words: "the Autonomous Province". Article 22 In the Article 67 after the paragraph 4 insert paragraphs 5 and 6 as follows: "A natural person who organises rendering of advisory services in the social care sphere and home care help services, may commence to work and perform operations after it has been established by the city or municipal administration that all the necessary conditions for the commencement and performance of such operations are fulfilled. The organisations under paragraphs 1-4 of this Article, that is to say, the natural person under paragraph 5 of this Article, may start to work and perform the activity, i.e. the operation relating to the social care if, along with conditions set forth by this Law and regulations brought up for its enforcement, previously have provided proofs regarding the fulfilment of the conditions for the performance of such activity provided for by other regulations." Article 23

7 7 The Article 69a shall be omitted. Article 24 In the Article 69b paragraph 2 is amended as follows: "A director of the social care establishment founded by the Government of the Republic of Serbia, that is to say, the competent body of the Autonomous Province, shall be appointed by the Minister in authority for social welfare issues, i.e. the competent body of the Autonomous Province, in the open competition procedure, on the basis of the opinion obtained by the Managing Board of the establishment". In paragraph 3 after the word: "issues" insert the comma and the words: "that is to say, the competent body of the Autonomous Province". Paragraph 4 is amended as follows: "As director of the social work centre may be designated a person with university level education, with the following qualifications: social worker, jurist, psychologist, pedagogue, special pedagogue, defectologist, andragogist, economist and sociologist with as a minimum five years of working experience in the profession. Paragraph 5 is amended as follows: "As director of the social care establishment for accommodation of customers which is founded by the Government of the Republic of Serbia or the competent body of the Autonomous Province, may be nominated a person fulfilling the requirements under the paragraph 4 of this Article, provided that such a person has as a minimum ten years of working experience in the profession, and five of them as a minimum - within the social care field." After paragraph 5 insert a new paragraph 6 and paragraph 7, wording as follows: "Notwithstanding paragraph 5 of this Article, in the social care establishment for accommodation of pensioners, older people, disabled children and adults, mentally disturbed children and adults, persons suffering from autism and mental diseases, as director may be appointed also a medicine doctor with minimum five years of working experience in his profession, while in children and young people home, i.e. institution for upbringing of children and young people, may be designated a person with university level education, who fulfils conditions for teaching and has minimum five years of working experience in the profession. As director of the social care establishment for day accommodation, home care help, refuge centre and refuge station, may be nominated a person who fulfils conditions under paragraphs 5 and 6 of this Article." The former paragraph 6 shall become paragraph 8. After paragraph 8 insert paragraphs 9, 10 and 11, wording as follows: "A candidate for a director of the social care establishment along with required application documents, shall also submit a programme for the operation for tenure of office considered, that shall be examined by the Managing Board in the procedure of giving opinion for the designation of a director. If the competent municipal or city body fails to appoint a director of the social work centre within the set time-limit, the body in charge to approve the appointment of the director of the centre may designate an acting director of the social work centre until designation pursuant to the Law.

8 8 If the Managing Board of the establishment set up by the Government of the Republic of Serbia or the competent body of the Autonomous Province, fails to present the opinion on the designation of a director of the institution within set time-limit, the body in charge for designation of a director may appoint a director, i.e. an acting director, pursuant to the Law." Article 25 The Article 69c is amended wording as follows: "Article 69c The Managing Board of the social care establishment for accommodation of customers shall consist of representatives of the founders, local self-government, employees of the said establishment, customers, guardians, that is to say, legal representatives of customers. The Managing Board of the social work centre shall consist of representatives of the founders and employees of the said institution, while the Managing Board of the social work centre, which includes also residential department, consists also of representatives of the customers, guardians, that is to say, legal representatives of customers, appointed for the period of two years. The Chairman and members of the Managing Board shall be appointed for the period of four years, except for representatives of customers, guardians, that is to say, legal representatives of customers, who shall be appointed for the period of two years. The composition and number of the Managing Board members shall be provided for under the Act on Establishing, that is to say, under the Statute of the establishment." The Article 69d is amended as follows: Article 26 "Article 69d The Supervisory Board of the social care establishment for accommodation of customers shall consist of representatives of the founders, local self-government and employees of the said establishment. The Supervisory Board of the social work centre consists of representatives of the founders and employees of the said institution. The Chairman and members of the Supervisory Board shall be nominated for the four years tenure of office. The composition and number of the Supervisory Board members shall be set forth by the Act on Establishing, i.e. the Statute of the establishment." Article 27 After the Article 69d insert Articles 69e, 69f and 69g wording as follows: "Article 69e For a performance of certain operations where employment is not necessary, the social care establishment may stipulate a contract with a specific person, namely: 1) voluntarily work contract; 2) supplementary work contract.

9 9 The contracts under paragraph 1 of this Article shall be stipulated in writing, and contain in particular: type, method, period of the job performance, as well as the method of establishing a fee for work under paragraph 1 item 2) of this Article. The social care establishment shall keep the records about contracts stipulated under paragraph 1 item 1) of this Article. The employee of the social care establishment shall notify the director of the social care establishment about the contract under the paragraph 1 item 2) of this Article, stipulated by him with an other employer, about what the social care establishment shall also keep the record. The social care establishment shall keep records about contracts under paragraph 1 item 2) of this Article, stipulated with person in employment with the other employer. The social care establishment shall, upon stipulation of the contract under the paragraph 1 item 2) of this Article, submit a copy of the said contract to the Ministry in authority for social welfare issues for registration and realisation. The person with whom the contract is stipulated within the meaning of paragraph 1 of this Article, shall exercise rights arising from the compulsory social insurance pursuant to the Law regulating the pension and disability insurance. Article 69f The social care establishment may stipulate a contract on voluntarily work: 1) with an unemployed professional worker from the social care sphere, for the performance of trainee service and professional examination; 2) with an unemployed professional worker from the social care sphere, who wants to obtain advanced professional training and special knowledge and skills needed for work in his profession. The social care establishment may stipulate the contract on supplementary work only for the performance of operations for which, at the repeated job announcement, candidates failed to apply, and upon previously obtained approval of the Ministry in authority for social welfare issues." Article 28 After the Article 75 insert Articles 75a and 75b, wording as follows: "Article 75a The Minister in authority for social welfare issues or the Province Secretary in authority for social care issues, shall render approval on the Statute and Act on Classification of Operations and Tasks of the social care establishment founded by the Government of the Republic of Serbia or the competent body of the Autonomous Province. Article 75b The Republic of Serbia shall award prizes to specialists and other workers, as well as rewards and diplomas to the citizens, for the extraordinary success achieved in work in social care sphere. The Minister in authority for social welfare issues shall prescribe detailed conditions for awarding prizes and diplomas under paragraph 1 of this Article, composition of the Committee and procedure of awarding." Article 29

10 10 In the Article 76 after item 3) insert item 4) as follows: "4) Social Care Office". The Article 77 is amended as follows: Article 30 "Article 77 A social work centre is founded by the municipality. Several municipalities may establish a common social work centre. The city may establish a social work centre for the city territory. Should several municipalities set up a common social work centre, in each municipality shall be organised a department of the centre for immediate rendering of services to citizens in the municipal territory. Should several municipalities set up a common social work centre, under the Act on Establishing shall be determined which municipality shall appoint institution bodies and shall be regulated other matters relating to the common centre operation, pursuant to the Law." Art. 31 After the Article 104 insert the following subtitle: "4) Social Security Office" and Article 104a wording as follows: "4) Social Care Office Article 104a For the purpose of monitoring, social care promotion, stimulation of development and performance of research and expert operations within the social care sphere, the Government of the Republic of Serbia, that is to say, the competent body of the Autonomous Province, shall set up the Social Care Office. The Social Care Office shall: 1) monitor and examine social events and problems, draw up analyses and reports on the situation in the social care sphere, and propose measures aimed to promote social care; 2) monitor and examine the work and organisation of the social care services, take care of the promotion of their work, and render professional assistance; 3) draw up expert elaborates for the governmental bodies or establishments and, upon their request, give expert opinion relating to particular issues; 4) perform supervision over the professional work of the social care establishments, other legal entities and natural persons, that perform activities, i.e. operations relating to social care in the territory they were established for, as a conferred work; 5) take part in making criteria for the realisation of the quality of the social work services, and rules and standards of the social care services; 6) organize permanent advanced training of expert workers, perform expert operations relating to the development, monitoring and providing quality of the work and professionalism of the employees in social care sphere, standards of knowledge, skills and abilities necessary for work in that area and professional advancement;

11 11 7) collaborate with corresponding establishments in the performance of specific operations; 8) perform expert operations relating to the stimulation of the development and quality of protection of persons who need a special social support (persons disturbed in their psychophysical development, disabled persons, persons suffering from systematic diseases, persons with disturbed behaviour) and also operations relating to the creating of a positive attitude of the public and tolerance towards such persons; 9) publish the results of its work, data and publications falling within the scope of its activities; 10) perform other operations provided for under special rules and Statute. The funds for the operation of the Social Care Office shall be provided from the budget of the Republic, that is to say, the Autonomous Province." Article 32 The Chapter V and Articles shall be amended as follows: "V SUPERVISION 1. Administrative Supervision Article 105 The supervision over the enforcement of the provisions of this Law and rules brought up by virtue of this Law shall be performed by the Ministry in authority for social welfare issues. The Ministry in authority for social welfare issues shall perform supervision over the legality of work of establishments and other legal entities, that perform social care activities, supervision over the legality of acts of the establishment, when it by virtue of law takes decisions on rights, duties and legal interests of citizens, and inspection supervision. The supervision under paragraph 2 of this Law over the work of the establishments and other legal entities, that perform social care activities at the territory of the Autonomous Province, shall be performed by the administrative body of the Province in authority for social care, while over the work of the social work centres and day care and home care help establishments at the territory of the City of Belgrade the City Administration of the City of Belgrade as conferred operations. Article 106 The inspection supervision operations shall be performed by the social care inspector. In the performance of the inspection control, the social care inspector has the right and duty to: 1) perform control of the operation of establishments, other legal entities and natural persons, that perform activities relating to the social care regarding the observing of this Law, other regulations and general acts, except for the control relating to the supervision over the professional work of the establishment; 2) perform control regarding the fulfilment of conditions relating to the space, equipment and necessary expert and other workers for the performance of the social care activities; 3) perform control of the procedure of reception of customers into the social care establishments for the customers' accommodation regarding the category of the customers and capacity of the establishment; 4) perform control over the maintaining of the prescribed records;

12 12 The social care inspector shall be authorised to: 1) render a decision on the removal of irregularities and defects within a set time-limit; 2) render a decision on prohibition of the activities contravening to this Law; 3) render a decision on a temporary prohibition of work of establishments and other legal entities and natural persons, that perform activities, that is to say, social care operations, and do not fulfil conditions, prescribed by the Law, relating to the space, equipment and necessary professional and other workers, thus imperilling the requisite protection of customers, within 60 days as a maximum; 4) submit a report to the competent body in case of any criminal or economic offence, i.e. the request for the institution of the proceedings; 5) prohibit the work of a social care establishment, or any other legal entity and natural person, that perform the activities, that is to say, social care operations, without the appropriate decision of the competent body, within the meaning of this Law, on fulfilment of the conditions for the commencement and performance of the activities; 6) notify an other body if there are reasons for taking measures for which the body concerned is in authority, and perform other operations, pursuant to the Law. The decision on a possible complaint against the social care inspector's decision, shall be taken by the Minister in authority for social welfare issues. Article 107. The social care inspector of the Ministry in authority for social welfare issues (hereinafter referred to as: the Republic Inspector), towards the bodies conferred to perform inspection supervision, has the right and duty to: 1) perform the immediate control of their work; 2) issue obligatory instructions for the enforcement of the laws and other regulations, for the performance of operations, and to control their implementation; 3) deprive of the authorisation each inspector, who fails to perform the operations in due course, professionally, observing the Law, appropriately, and propose the establishing of the responsibility at the body in charge of the inspection supervision; 4) organise joint actions with inspectors at bodies in charge for the inspection supervision; 5) perform a direct inspection supervision over the all operations and with full powers, if the bodies in charge of the inspection supervision fail to perform it; 6) require reports, data and information on the performance of the conferred inspection supervision operations. Article 108 The social care inspection operations may perform a person with high education, who passed the requisite examination for work in governmental administrative bodies, with as a minimum three years of working experience. 2. Supervision Over the Professional Work The operations relating to the supervision over the professional work of establishments and other legal entities and natural persons, that perform the activities, i.e. social care operations,

13 13 shall be performed by the Social Care Office, as conferred operations, through the Social Care Counsellor. In the performance of supervision under paragraph 1 of this Article, the Social Care Counsellor shall: assess a quality of work of the establishment; advise and render professional assistance to expert workers in order to upgrade the quality of their work; perform an immediate insight into the professional work and propose necessary measures to be taken for the elimination of irregularities and defects in the professional work and for the professional work promotion. Article 110 The work of the Social Care Counsellor may perform a person with the appropriate high education of the following vocations: graduated lawyer, graduated social worker, graduated psychologist, graduated pedagogue, graduated social pedagogue, graduated defectologist and graduated sociologist, with as a minimum five years of professional experience in the social care field, who had proved his abilities in the said profession. The Social Care Counsellor shall permanently acquire professional training, in order to perform the work more successfully and promote the supervision over the professional work. Article 111 The Minister in authority for social welfare issues shall prescribe the way and method of the performance of supervision over the professional work, criteria for the assessment of quality of work and form for the Social Care Inspector official card." Article 33 In the Article 112 after paragraph 4 insert paragraphs 5-8, as follows: "In the budget of the Republic of Serbia the funds shall be provided for the participation in financing of the programme for the social care promotion in the Republic. In the budget of the Autonomous Province, municipality or city, shall be provided funds for the participation in financing of the social care promotion programme in the Autonomous Province, municipality, or city. The programmes under paragraphs 1 and 2 of this Article shall encompass measures and activities for the stimulation and development of social care forms and services, upgrading of the quality of social care services, and permanent advanced training of professionals employed with social care establishments. The programme under paragraph 1 of this Article shall be adopted by the Minister in authority for social welfare issues, and the programme under paragraph 2 of this Article shall be adopted by the official, who manages the body competent for social welfare issues in the Autonomous Province, city, or municipality". The Article 113 shall be amended as follows: Article 34 "The funds provided from the budget of the Republic for the purposes established in the Article 47, paragraph 5 and Article 112 of this Law, shall be transferred to the end customers by virtue of the decision rendered by the Minister in authority for social care issues, pursuant to the Law." Article 35 In the Article 116, paragraph 1, after the word: "powers", insert the words: "the value of the work programme of the Social Care Office, as well as the amount of costs of the

14 14 accommodation procedure at high standard capacities", and omit the text by the end of the sentence. After paragraph 1, insert new paragraphs 2, 3, 4 and 5 as follows: "The Managing Board of the social care establishment for accommodation of pensioners and other older people, shall render a decision on the increase of the accommodation price at high standard capacities, by virtue of previously obtained approval of the Ministry in authority for social welfare issues. Mutual relations between the customers accommodated at high standard capacities and the establishment shall be regulated by the Contract, in compliance with this Law. The funds provided from the increase of the service prices under the paragraph 2 of this Article, shall be earmarked for the maintenance of standard of the customers accommodated at high standard capacities provided for under the Contract, for investment maintenance and equipment of the establishment. A part of funds under paragraph 4 of this Article may be earmarked for the professional advanced training and upgrading of the employees' standard, if the prescribed living standards for the customers at the establishment have been fulfilled." The former paragraph 2 shall become paragraph 6. Article 36 In the Article 119, paragraph 1 after item 5) insert item 6) wording as follows: "6) fails to institute in due course the proceedings for the collection of debt from the persons who have statutory obligation to participate in supporting of the customer (Article 47 paragraph 4)." Article 37 The social work centres shall adjust rights of the customers to financial provision and allowance for help and care of other person with the provisions of this Law by 31 October By the termination of the adjustment procedure, the customers shall be entitled to money advance for financial provision and allowance for help and care of other person, amounting to the sum in accordance with regulations ruling by the date of the coming into force of this Law. Article 38 Decisions of claims for exercising right of financial provision and allowance for help and care of other person submitted prior to coming into force of this Law, shall be rendered pursuant to this Law. Article 39 The customer, by the date of coming into force of this Law, accommodated at the high standard capacity, shall be entitled to pay the accommodation price established according to the regulations ruling prior to the date of coming into force of this Law, if it is more favourable for the customer. Article 40 The municipality, i.e. the city, shall assume the provision of right of the temporary accommodation at the refuge centres and refuge stations from 1 January 2005.

15 15 The municipality, i.e. the city, shall, from the 1 January 2005, undertake establishing rights in respect of the refuge centres and refuge stations, funds and employees, that prior to the date of coming into force of this Law had been working in the refuge centre or refuge station, if the refuge centre or refuge station are organised in a separate facility. If the refuge centre or refuge station are organised within the social care establishment for the accommodation of customers, the competent municipal body, or city body, shall stipulate a contract with the establishment for the accommodation of customers on providing conditions for the work of the refuge centre, i.e. refuge station, not later than 1 February Article 41 The Director of the social care establishment, who on the date of coming into force of this Law fails to fulfil conditions for his designation set forth by this Law, may perform his function by the termination of the tenure of office he has been appointed for. Article 42 The Offices under the Article 31 of this Law shall be founded by the 31 December The Social Care Office set up by the Government of the Republic of Serbia or the competent body of the Autonomous Province, shall overtake an adequate number of the employees from the competent Republic or Province body, which perform operations of the supervision over the professional work. By the establishing of the Office under paragraph 2 of this Article, the supervision over the professional work shall be performed by the Ministry in authority for social welfare issues, that is to say, the competent body of the Autonomous Province. Article 43 The nomination of the Managing Boards and Supervisory Boards under the provisions of this Law shall be carried out within six months of the date of coming into force of this Law. Article 44 This Law shall become effective on the eight day from its publishing in the "Official Gazette of the Republic of Serbia", while the provisions of the Articles 3-5, Article 7-16 and Articles 32 and 35 of this Law shall be applied from the 1 September R E A S O N I N G 1. Titles for the adoption of the Law The Constitutional and legal title for the adoption of this Law is contained in the provision of the Article 72, paragraph 1, item 6 of the Constitution of the Republic of Serbia, under which is established that the Republic shall regulate and provide the system within the social care sphere. 2. Reasons for the adoption of the Law

16 16 The Law on Social Care and Providing of Social Security for Citizens was adopted in 1991, and has undergone by now several amendments and supplements. The application of the Law for many years indicates a further non-viability of the social security level set forth by this Law. The social security level established by this Law is an economy census for the poverty determination, that is to say, a criterion of the existential menace. According to the present solution of the Law, it shall be established in the percentage sum for an average salary of each municipality, therefore the level of the social security differs from municipality to municipality. The application of that statutory solution entails absurd situations, like it is, for example, in the municipality of Ivanjica, where the family with five members incapable of work, without assets and incomes, now is paid financial aid amounting to 1, dinars, while the same family in Ljubovija receives 4.219,00, and in Belgrade 5.823,00 dinars. The ratio between the lowest and highest amount of the financial aid is now 1:5. Besides, the reached level of the social security in its nominal amount is low, and does not provide the social security, but only a minimum security, as a result of unfavourable situation in the Republic. In respect of the afore mentioned, it is necessary the Law to be amended, by establishing the unique minimum social security level in the Republic, equal for all citizens. There shall be left a possibility for municipalities and cities to provide even larger volume of rights for financially depressed citizens, in accordance with their economic possibilities. Also, it is necessary to increase the sum of the allowance for help and care of other person, because the reached level of that right in the social care sphere does not provide an adequate protection of persons with special needs. Some Law solutions are necessary to be amended, in order to provide prerequisites for the promotion of the social care system (conditions for appointment of bodies of a social care institution, consolidation of the supervisory function of the Republic in exercising right of common interest, transfer of jurisdiction to local self-government, institutions etc.). 3. Explanation of specific Law provisions By the provision of the Article 2 of the Draft Law is proposed the amendment of the Article 9 of the Law, by transfer of the providing of rights of accommodation at a reception centre and reception station from the jurisdiction of the Republic to the jurisdiction of municipalities, i.e. cities. This statutory solution is in compliance with the decentralisation intention, that is to say, with consolidation of the local self-government in this sphere. By the supplements to this Article, the powers are granted to the Government of the Republic of Serbia to provide assistance in case of an extreme endangering of the living standard of a large number of citizens, in order to react in more efficient way to the protection of citizens under such circumstances. By the provisions of Articles 3, 4 and 5 of the Draft Law the amendments made of the corresponding Law provisions, which regulate the social security level for citizens. In contrast to the statutory solution ruling so far, under which the social security level was determined in percentage amount from an average salary in a municipality, or a city, by the proposed amendment is established a unique minimum social security level. It is proposed that the provisions, relating to those amendments, shall be applied from 1 September 2004, and, according to that, the minimal social security level should e at the highest level reached from the moment of the commencement of the Law application, and it constitutes the determined percentage of an average income realized per employee in the Republic in the second quarter of In this way, by the proposed statutory solution would be brought into more favourable position citizens of 122 municipalities in the Republic, where, according to data relating to the first quarter of 2004, the average income is below the average income in the Republic. In afore mentioned municipalities, the average income is between 4, dinars (Ivanjica) and 18, (Sokobanja). In the territory of those municipalities live total 4,534,992 inhabitants, and the right to financial provision is exercised by only 27,889 families, as a result of currently low social security level in those municipalities. By the enforcement of this statutory solution, the amount of the financial assistance for all cited customers in 122 municipalities in the

17 17 Republic will be increased, and it is also estimated that that right will be exercised by 13,000 families more. The proposed statutory solution surpasses the non-viable situation in which citizens under different census conditions used to exercise the right of financial provision and received different amounts of the said financial aid, regardless of minimum needs. Therefore the unique economic census is proposed for exercising rights and determination of the amount relating to the right of financial provision, which is defined as a minimum level of social security guaranteed by the Republic to its citizens. The way of adjustment of the social security level is also modified. So far that level used to be adjusted with an increase in incomes, which, in particular situations, entailed the nominal decrease in that value, in spite of an evident living costs increase, and that is the reason why the adjustment with living costs index is proposed. In the Article 3 of the Draft Law is proposed a different treatment of the families in which the majority of member is capable of work. It is proposed that the right on financial provision may be used by maximum nine months per year by those families. In this way, the assistance is rendered to those families when they come to the situation that they need social help, but, through the limitation of the period for exercising the right, capable family members are put into an active position to try to resolve their existential problems. By the provisions of the Art. 7, 8, 9, 10 and 11 of the Draft Law is carried out only the adjustment of the corresponding provisions, which are necessary, in respect of the amendments proposed under the Article 12 of the Law. It is necessary also to take into consideration incomes of the citizens from the preceding three months, as a more realistic reference, and not the incomes realised in the previous quarter, as a ruling solution in the former Law. It is also established that the amount of the financial provision shall be adjusted with the living costs index. The proposed statutory solutions make more simple the procedure of recognizing right of financial provision, and a more favourable solution is also to recognize that right from the date of submission of the request. By the provisions of the Art. 12 and 13 of the Draft Law are carry out the amendments of the Articles regulating the allowance for help and care of other person for about 24,000 of customers of that right. A significant increase in that allowance is proposed. Currently, that allowance amounts to 2, dinars, and it is proposed to establish that sum to the amount of about 4, dinars from the 1 September 2004, and to regularly adjust that sum each month with the living costs index. It is also necessary to underline that so increased proposed allowance sum is to a significant extent lower that the allowance provided under the wardisability protection scheme and pension-disability insurance scheme. The proposed statutory solution will constitute an important support for the families to keep persons with special needs in the family. From the long-term point of view, this is a rational solution also for the budget of the Republic, because board and lodging of those persons at a social care institution is far more expensive form of social care. The removal of regulations according to which a person, accommodated at the social care institution, is not entitled to exercise that right, is also proposed. The reason for that is that the right of allowance for help and care of other person is a personal right, which citizen may exercise in accordance with health indications, and if he is accommodated at the social care institution, with those funds he should participate in payment of the accommodation costs. By the provisions of the Art. 15 and 16 of the Draft Law are created statutory prerequisites for regulating the guardian families status, in order to promote that form of protection, which is the most favourable for the protection of children without a parental care. The number of customers with guardianship family is limited, so as to provide a better quality of protection, the issue of guardian training is regulated, in order to train them for a better quality of rendering such services, a minimum and maximum amounts of remuneration for guardian's work is established and regulated, in conformity with the pension and disability insurance regulations, the issue of providing funds for payment of remuneration for work and statutory

18 18 obligations compulsory guardian insurance. Such measures should significantly promote that form of the protection. By the provision of the Article 17 of the Draft Law an amendment is proposed with two new paragraphs regulating the situation when relatives, who are obliged to pay accommodation costs, fail to do so. In that respect is established the obligation of a social work centre to institute the proceedings for a collection of the payment. In a specific way is regulated that issue when a customer is accommodated with a guardianship family, because during the time of the court proceedings the payment is envisaged to be undertaken by the budget of the Republic. Such a solution is proposed for the protection of the guardianship institution, as the most suitable form of the protection. It is necessary to provide for the guardian in such situations funds to support a child, while the customer of support would be obliged, upon termination of the court proceedings, to pay debts to the budget of the Republic. It is proposed that citizens, who submit a request for the accommodation at high standard capacities, shall bear costs of the accommodation procedure. This makes an exception regarding the general regime (Art. 8 of the Law), according to which the citizens in the social care sphere do not pay the procedure costs. The solution is proposed because persons, accommodated at high standard capacities (one-room apartments and suits) pay a full price of the accommodation, so they have also to cover costs of the accommodation procedure. The number of the high standard capacities in question is relatively low, and accommodation conditions are quite above the average ones in comparison with homes for older people and pensioners. By the provision of the Article 21 of the Draft Law is carried out the adjustment of the provision regulating the setting up of the social care establishments, through granting bigger competences to local self-governments at the institution establishing the right of establishing refuge centres and refuge stations and removal of the powers of the Government to prescribe criteria for the establishing of the social care establishments at local level. By the Article 22 of the Draft Law are carried out certain specifying of conditions for the commencement of work and performance of activities of the social care establishments and natural persons, within the social care filed. It is proposed that the solution, establishing the fulfilment of conditions for the commencement of work and performance of activities, should follow a detailed procedure where should be without any doubt established the fulfilment of the conditions requisite for the performance of that activities according to, also, other regulations. By the provision of the Article 23 of the Draft Law is removed the Article 69a, because the issue of supervision is regulated within the particular chapter of this Draft Law. By the provision of the Article 24 of the Draft Law is carried out the modification at regulating conditions for appointment of the Director. The conditions for the designation of the Director of an accommodation establishment become more strict, because all the conditions are set forth by the Law, not by the Statute, as it has been so far. Along with professional qualification, as a condition to be fulfilled is also envisaged working experience in the profession, that is to say, within the social care sphere. A novelty is also a prescribed obligation for a candidate for Director to submit work programme for the period of his tenure of office, which shall be assessed by the Managing Board of the establishment at giving opinion for the Director nomination. The method of acting is also regulated in case when in the social care establishment the appointment of the Director fails to be carried out within the time-limit laid down by the Law. By the provisions of the Art. 25 and 26 of the Draft Law is regulated a composition of Managing Boards and Supervisory Boards of the social care establishments. For the both bodies is envisaged the participation of the founders' members, or the members of the local self-government and employees.

19 19 A novelty constitutes a prescribed participation of customers, i.e. their legal representatives, customers' guardians in the Managing Boards of establishments for accommodation of the customers. It is assessed that their participation in the creating of business policy will contribute to a better quality of customers' protection, provide public work and contribute to a better integration of the establishment at local level. By the provision of the Article 27 of the Draft Law is established a possibility of the institution to stipulate an adequate contract for the performance of certain jobs for which the employment is not requested. It is necessary within the social care sphere to allow the possibility for stipulation of contracts on voluntarily work, because such work is typical one in that field for the realisation of humanitarian programmes and activities. It is also necessary to allow stipulation of contracts on supplementary work, because in a number of social communities in the Republic there is a lack of professional workers in social work centres (psychologists, social workers etc.), therefore it is necessary to engage them from other establishments in the area. By the provision of the Art. 29 and 31 of the Draft Law a significant change is made, that is to say, the establishing is proposed of a new social care institution, the Social Care Office. It is estimated that the existence of a professional institution that would deal in supervision over the professional work and promotion of the social care scheme is necessary in that field. By 1990 of those operations had been in charge the Social Policy Institute, however, that institution was cancelled, and currently there is no within the system any other professional institution that would in a proper way, accurately, deal with issues relating to the promotion of the operating of the social care establishments. Along with operations relating to the drawing up of expert proposals and participation in the social policy creating, that institution would perform concrete supervisory operations over the professional work of the social care establishments, as a conferred on it work of the state administration. It is also set out that institutions of that kind exists within the healthcare system and educational system, so it is necessary to set up such an institution also within the social care system. It is proposed that the Social Care Office should be founded by the Government of the Republic of Serbia, or the competent body from the territory of the Autonomous Province of Vojvodina, because on the Province is conferred the performance of supervisory operations over the work of the social care institutions. By the provision of the Article 30 of the Draft Law is amended the Article 77 of the Law, so as to regulate in a more flexible manner the issue of the social work centres establishing, and regulate relations between municipalities at setting up a common social work centre. By the provision of the Article 32 of the Draft Law, relating to the amendments proposed under the Articles 29 and 31 of the Draft Law, is proposed the amendment of the whole chapter regulating the supervision over the work of the social care institutions, through separation of the managing supervision and supervision over the professional work of institutions. It is proposed that for the operation of the inspection control shall be introduced the social care inspection, because it is estimated that those operations would be performed more successfully and efficiently by that organisation. In the Republic of Serbia there are over 200 social care establishments organised at the republic and local level, and there is also a tendency of private social care institutions establishing. What is specially alarming, is the fact that there are cases of establishing of the social care establishments without obtaining appropriate licences from the competent bodies, therefore it is necessary to consolidate the inspection function of the governmental bodies, in order to carry out the inspection over the legality of work in a more efficient way. The current statutory solutions regarding the supervision over the legality of work, performed by the Commission of the Republic, i.e. Provincial body, where simultaneously are performed supervision over the legality and professional work of the establishment, does not provide the requisite efficiency at eliminating the illegality in work. Under the transitory provision of the Article 42 of the Draft Law is provided for the establishing of institutions by the end of the year 2005, because it is necessary to perform preparations relating to the professional organisation, as well as providing funds for the operating of the said institutions. It is also set forth that new established Offices shall overtake employees who

20 20 at the competent Ministry, i.e. body of the Province, used to work on supervisory jobs over the professional work. By the provision of the Article 33 of the Draft Law is regulated a very important issue relating to the promotion of the social care scheme. Namely, it is envisaged to provide funds from the budget of the Republic for participation in programmes for the promotion of the social care, which realisation should result in a centralisation of the social care system, i.e. a more efficient organising of the social care at local level. It is also prescribed that those funds should be provided from the municipal or city budget, aiming at the promotion of the social care at local level. In addition to the afore mentioned reasoning of the particular provision, by the Draft Law are also proposed other amendments, which shall provide: - co-ordination with the Law on Family Financial Support - the children allowance and parental allowance are not encompassed by the incomes for exercising right of financial provision (Article 6 of the Draft); - extension of the accommodation time for mother with a child at maternity homes (Article 14 of the Draft); - removal of the provision restricting the possibility of payment for social work services in family-legal protection, because it constitutes a matter that should be subject to the Law regulating family-legal protection (Article 18 of the Draft); - co-ordination with the Law on Courts Regarding the Competence in Administrative Disputes (Article 19 of the Draft); - consolidation of the supervisory function of the Republic through giving approvals on general acts of the establishments, founded by the Republic, and introducing a possibility of awarding prizes and recognitions (Article 28); - awarding prizes and recognitions for a special success achieved in work in social care area; - precisely regulating of transfer of funds from the budget of the Republic, in conformity with the change within the budget system and introduction of the informatics data processing (Article 34); - authorisation of the Managing Board of the social care establishment for accommodation of older people and pensioners for rendering decisions relating to the increase in prices of accommodation at high standards capacities (Article 35). Under the provision of the Article 44 of the Draft Law is proposed that such provisions, the enforcement of which requires additional resources from the budget of the Republic, shall be applied from the 1 September Funds for the Law enforcement For the enforcement of this Law is necessary to provide additional funds from the budget of the Republic for the year 2004 amounting to 330,000, dinars for the period of three months, during For the enforcement of the new statutory solutions relating to the financial provision the funds to the amount of 212,500, dinars are required. For the increase of the sum of allowance for help and care of other person are necessary funds to the amount of 117,500, dinars.