2019년 국민기초생활보장사업 안내

2019년 국민기초생활보장사업 안내

2019년 국민기초생활보장사업 안내.pdf

2019년 국민기초생활보장사업안내 목 차 ∙ i 제1편 제도 개요 Ⅰ. 국민기초생활보장제도 개요 ··················································································· 3 Ⅱ. 업무처리 프로세스 ·································································································· 8 1. 시･군･구, 읍･면･동의 역할 ························································································· 9 2. 세부 업무처리 절차 ·································································································· 10 제2편 신청 및 선정기준 Ⅰ. 수급자 신청 ·········································································································· 23 Ⅱ. 수급자 선정기준 ··································································································· 32 1. 보장의 단위 ··············································································································· 32 2. 수급자 선정기준 ········································································································ 49 Ⅲ. 수급권자 범위의 특례 ···························································································· 52 1. 개인단위 보장에 따른 수급권자 별도가구 보장 ····················································· 54 2. 타 법률에 따른 수급권자 범위의 특례 ···································································· 58 3. 기타 수급(권)자 범위의 특례 ···················································································· 61 제3편 조사 Ⅰ. 조사의 개요 ··········································································································· 79 1. 조사의 목적 및 일반원칙 ························································································· 79 2. 조사의 종류 ··············································································································· 80 3. 자료 제출 요구 ·········································································································· 85 4. 조사수행 주체 ··········································································································· 87 5. 조사거부 등에 대한 처리 ························································································· 88 6. 유의 및 기타 행정사항 ····························································································· 88 ii Ⅱ. 근로능력 판정 ········································································································ 93 1. 근로능력 있는 수급자 ······························································································· 93 2. 근로능력 없는 수급자 ······························································································· 93 Ⅲ. 소득조사 ················································································································· 96 1. 소득의 의미 ··············································································································· 96 2. 소득평가액산정 ·········································································································· 96 3. 소득유형별 조사방법 ······························································································· 104 Ⅳ. 재산조사 ··············································································································· 128 1. 재산의 종류 ············································································································· 128 2. 재산의 조사범위 ······································································································ 130 3. 재산가액 산정기준 ·································································································· 131 4. 재산유형별 조사방법 ······························································································· 132 5. 부채 ·························································································································· 156 6. 재산의 소득환산액 ·································································································· 162 Ⅴ. 부양의무자 조사 ·································································································· 168 1. 부양의무자 적용 급여 및 조사 내용 ····································································· 169 2. 조사순서 ·················································································································· 169 3. 부양의무자의 소득･재산 조사 ················································································ 175 4. 부양능력판정 기본개념 ··························································································· 183 제4편 급여의 실시 Ⅰ. 급여의 개요 ········································································································· 217 1. 급여의 기본원칙 ······································································································ 217 2. 급여의 종류 등 ········································································································ 218 3. 급여의 결정 ············································································································· 219 4. 소멸시효 및 소급지급 관련 ···················································································· 220 2019년 국민기초생활보장사업안내 목 차 ∙ iii Ⅱ. 급여의 지급 ········································································································· 222 1. 급여지급 절차 ········································································································· 222 2. 급여의 변경 ············································································································· 223 3. 급여의 중지 ············································································································· 225 4. 계좌관리 ·················································································································· 227 Ⅲ. 급여종류별 세부내용 ··························································································· 231 1. 생계급여 ·················································································································· 231 2. 이행기 보전액 ········································································································· 246 3. 주거급여, 교육급여 ································································································· 252 4. 해산급여 ·················································································································· 253 5. 장제급여 ·················································································································· 254 제5편 수급자 관리 Ⅰ. 수급자격 변동사항 등 관리 ··············································································· 259 1. 수급자 관리 개요 ···································································································· 259 2. 수급자 증명서 발급 ································································································ 259 3. 수급자격 변동사항 등의 확인 및 관리 ·································································· 260 4. 중점관리대상자 및 조사정보 제공 관리 ································································ 266 5. 거주지의 변경에 따른 업무처리 ············································································· 267 Ⅱ. 의사무능력(미약)자의 급여관리 ········································································· 269 1. 목적 및 기본원칙 ···································································································· 269 2. 급여관리 범위 ········································································································· 269 3. 급여관리자 지정 및 점검 ······················································································· 271 Ⅲ. 보장비용의 징수 ································································································· 274 1. 부정․부적정 수급자에 대한 보장비용 징수 ··························································· 274 2. 부양의무 불이행자에 대한 보장비용 징수 ···························································· 281 iv 3. 결손처분 ·················································································································· 289 4. 소급지급 ·················································································································· 289 5. 소멸시효 ·················································································································· 290 6. 고발조치 ·················································································································· 290 Ⅳ. 반환명령 ·············································································································· 291 1. 반환의 요건 및 대상 ······························································································· 291 2. 반환의 감면(감액 또는 면제) ·················································································· 291 3. 반환대상자 관리 ······································································································ 292 4. 반환의 절차 및 처리 방법 ······················································································ 293 제6편 보장시설 Ⅰ. 보장시설 개요 ····································································································· 297 1. 보장시설의 의미 ······································································································ 297 2. 보장시설의 범위 ······································································································ 298 3. 보장시설의 장의 의무 ····························································································· 301 Ⅱ. 보장시설 수급자의 선정기준 ·············································································· 302 1. 보장시설 수급자 기준 ····························································································· 302 2. 보장시설 수급자에 대한 부양의무자 기준 특례 ··················································· 303 Ⅲ. 보장시설 수급자에 대한 조사 및 관리 ····························································· 307 1. 조사 및 관리 주체 ·································································································· 307 2. 수급(권)자 및 부양의무자 조사 ·············································································· 308 3. 보장시설 수급자 관리 ····························································································· 308 Ⅳ. 보장시설 수급자에 대한 급여 ············································································ 313 1. 생계급여 ·················································································································· 313 2019년 국민기초생활보장사업안내 목 차 ∙ v 2. 주거급여 ·················································································································· 321 3. 교육급여 ·················································································································· 321 4. 장제급여, 해산급여 ································································································· 321 Ⅴ. 보장시설 수급자 자립촉진 지원방안 ································································· 323 1. 배경 ·························································································································· 323 2. 자립적립금 인정요건 ······························································································· 323 3. 자립적립금에 따른 업무처리 ·················································································· 324 제7편 보장기관 Ⅰ. 보장기관 ·············································································································· 331 Ⅱ. 지방생활보장위원회 ···························································································· 332 1. 지방생활보장위원회의 조직과 구성 ······································································· 332 2. 지방생활보장위원회의 기능 ···················································································· 333 3. 지방생활보장위원회 개최 및 운영 ········································································· 336 4. 지방생활보장위원회 소위원회 설치･운영 ······························································ 336 Ⅲ. 이의신청 ·············································································································· 339 1. 이의신청제도의 개요 ······························································································· 339 2. 시･도지사에 대한 이의신청 절차 ··········································································· 340 3. 교육급여에 대한 이의신청 신청대행 ····································································· 342 4. 보건복지부장관･국토교통부장관에 대한 이의신청 절차 ······································· 343 제8편 사회취약계층 특별보호대책 Ⅰ. 주거가 일정하지 않은 취약계층에 대한 특별보장 ··········································· 347 1. 취약계층의 범위 ······································································································ 347 2. 취약계층에 대한 보장원칙 ······················································································ 347 vi 3. 비닐하우스 및 판자촌 거주자에 대한 보장방안 ··················································· 350 4. 쪽방 등 거주자에 대한 보장방안 ··········································································· 353 5. 노숙인자활시설 거주자 등에 대한 보장방안 ························································· 354 6. 노숙인 등에 대한 보장방안 ···················································································· 355 7. 거주불명등록자에 대한 보장방안 ··········································································· 356 Ⅱ. 교정시설 출소자에 대한 특별연계 보장방안 ···················································· 357 1. 목적 ·························································································································· 357 2. 급여신청의 특례 ······································································································ 357 3. 보장기관 ·················································································································· 359 4. 보장방안 ·················································································································· 360 5. 보장절차 ·················································································································· 363 6. 급여 실시상의 유의사항 ························································································· 365 7. 행정사항 ·················································································································· 365 Ⅲ. 지역사회 자원활용을 통한 민관연계 보호체계 운영방안 ································· 366 1. 목적 ·························································································································· 366 2. 민간 사회복지사에게 저소득주민 보장의뢰 권한 부여방안 ································· 366 3. 보건소 등 공공기관과 상호 협력체계 구축･운영방안 ·········································· 369 4. 혼자 사는 저소득가구 등에 대한 방문보호제 실시방안 ······································· 372 5. 지역사회 기초생활보장 실무간담회 구성･운영방안 ·············································· 374 6. 저소득 취약계층에 대한 멘토링 연계 운영방안 ··················································· 375 7. 복지소외계층 발굴 및 민간자원 연계지원 ʻʻ좋은 이웃들ˮ ···································· 379 8. 행정사항 ·················································································································· 382 제9편 서 식···································································································· 383 2019년 국민기초생활보장사업안내 목 차 ∙ vii 제10편 부 록 Ⅰ. 국민기초생활보장수급자 감면제도 안내 ···························································· 443 Ⅱ. 무료소송･후견인제도 지원 이용안내 ································································ 448 Ⅲ. 신용회복지원제도 이용안내 ··············································································· 449 Ⅳ. 개인파산･회생 소송구조 지정변호사 제도 ························································ 454 Ⅴ. 한국장학재단 학자금 대출 안내 ········································································ 456 Ⅵ. 압류방지 전용통장 ······························································································ 458 Ⅶ. 희귀난치성질환상병 목록 ··················································································· 463 Ⅷ. 연도별 최저생계비 및 기준 중위소득 ······························································· 471 2019년 국민기초생활보장사업 안내 viii 일 러 두기 ❚ʻʻ맞춤형급여ˮ란 ｢국민기초생활 보장법｣개정안(2014. 12. 30.)의 별칭입니다. ‒ ʻʻ맞춤형급여ˮ는 법률용어는 아니며, 이전의 통합급여 방식과 구분하기 위하여, 급여종류별로 선정기준을 차등하는 현 제도 운영 방식을 ʻ맞춤형급여ˮ라 칭합니다. ❚ 동 맞춤형급여 지침은 아래와 같은 기준으로 작성되었습니다. 1. 국민기초생활 보장법령 표현 방식 ○ 국민기초생활 보장법(법, 시행령, 시행규칙)의 조항을 기술하는 경우 ‒ [ ]를 사용하며 [ ]안에 해당 법령 조항을 기술합니다. ‒ 예시 : [법 제1조제1항], [시행령 제2조제2항], [시행규칙 제3조제3항] 2. 각종 법령 표현 방식 ○ ｢국민기초생활 보장법｣ 이외 개별 법령을 기술하는 경우에는 ‒ ｢ ｣를 사용하며 법령 조항은 ｢ ｣바깥에 기술합니다. ‒ 예시 : ｢주민등록법 시행령｣제6조제2항, ｢치료감호법｣제16조의2 3. 절차나 순서에 해당하는 사항 ○절차나 순서에 해당하는 경우에는 (1), (2), (3), 또는 (가), (나), (다)와 같이 순서나 숫자로 구분합니다. ○절차나 순서가 아니라도 열거되는 항목이 많으면 지침의 사용자 편의를 위하여 번호를 부여하기도 합니다. 4. 구체적인 예시나 사례 기술 ○제도 운영의 구체적인 사례나 예시는 박스로 별도 표기하거나 ʻʻ※ˮ로 해당 문구의 하단에 기술합니다. 일러두기 ix 5. 범위에 해당하는 사항 ○ 특별히 따로 정하는 기준이 없으면 ʻʻ~이상ˮ, ʻʻ~미만ˮ으로 표기합니다. ‒ 수식으로 표현하는 경우에는 40% 이상(40%≦), 85% 미만(＜85%)과 같이 표기합니다. 6. 급여종류별 수급자 선정기준 ○급여종류별 수급자 선정기준, 즉 급여종류별 최저보장수준은 ʻʻ~이하ˮ입니다. ‒ 이에 생계급여 수급자 선정기준은 ʻ기준 중위소득 30% 이하ˮ이며 1인 가구의 값이 512,102원이면 가구의 소득인정액이 512,102원보다 같거나 작아야 합니다. (가구의 소득인정액 ≦ 512,102원) ○또한 특별히 기술하지 않는 한 부양의무자 기준을 충족하는 경우를 말합니다. 7. 주요 기준의 개정사항 표시 ○주요 기준의 개정사항은 지침 본문에 밑줄로 표시하여 변경된 사항을 표시하였 습니다. 8. ʻʻ최저보장수준ˮ과 ʻʻ선정기준ˮ의 표현에 대한 사항 ○ʻ최저보장수준ˮ이란 국민의 소득･지출 수준과 수급권자의 가구 유형 등 생활실태, 물가상승률 등을 고려하여 제6조에 따라 급여의 종류별로 공표하는 금액이나 보장수준을 말하는 것으로[법제2조제6호] ‒ ʻʻ최저보장수준ˮ과 ʻʻ선정기준ˮ은 동일한 값을 가지나 문맥의 내용이나 성격에 따라 용어를 달리 사용하였습니다. ‒ 즉, 생계급여 수급자 최저보장수준과 생계급여수급자 선정기준은 동일한 값이며 동일한 내용입니다.