How are individuals who are both under social protection and from poor households entitled to receive assistance during the pandemic?
Based on Clause 4 Article 5 of Decree 136/2013/ND-CP stipulates: People from poor households who do not have a husband or wife; have a husband or wife who has passed away; have a husband or wife missing in accordance with the law and are raising children under 16 years old or raising children aged 16 to 22 years old who are attending high school, vocational training, professional secondary school, college, or university for the first degree (hereinafter collectively referred to as the single poor person raising children).
Therefore, currently, your mother belongs to a poor household and your father has passed away, so your mother falls under the category of social protection beneficiaries and is entitled to a monthly allowance.
According to Section II of Resolution 42/NQ-CP of 2020, the subjects eligible for allowances due to the pandemic are as follows:
Workers working under labor contracts must agree to temporarily suspend the execution of labor contracts or take unpaid leave for one month or more;
Employers facing financial difficulties and having paid at least 50% of the wages to workers during the suspension period;
Individual business households with tax-declaring revenue of less than 100 million VND/year temporarily suspending business;
Workers whose labor contracts or employment contracts have been terminated but are not eligible for unemployment allowance; workers without labor contracts who have lost their jobs;
Persons with meritorious services to the revolution who are receiving monthly preferential allowances are supported with an additional 500,000 VND/person/month.
Social protection beneficiaries who are receiving monthly social allowances are supported with an additional 500,000 VND/person/month.
Poor households, near-poor households according to national poverty standards on the list by December 31, 2019, are supported with 250,000 VND/person/month.
On the other hand, in Section I of Resolution 42/NQ-CP of 2020 stipulates: Subjects eligible for support who are entitled to two or more policies under this Resolution will only receive the highest support policy; support is not provided for those who voluntarily do not participate.
Therefore, your mother falls under two categories eligible for pandemic allowances (social protection beneficiaries and poor households). Hence, your mother will only receive the highest allowance, which is an additional 500,000 VND/month added to the monthly allowance she is receiving.
Therefore, the commune's payment is in accordance with the law.
Respectfully!
