The Regulations implement the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, and comprehensively revise the Regulations of Shanghai Municipality on the Protection of the Rights and Interests of the Elderly promulgated by 1998, covering all aspects of the rights and interests of the elderly. This regulation provides institutional arrangements for the implementation of the strategic deployment of the CPC Central Committee and the State Council to actively respond to the aging population. It provides legal protection for the realization of the five old people's sense of security, sense of worthiness, sense of learning and happiness. In order to promote the sustained and healthy development of the cause of aging in this city, the legal basis has been clarified.
Generally speaking, the regulations are based on the reality of Shanghai's aging development, and reflect institutional innovation around social security, social services, social preferential treatment, family support and other aspects.
Focus on the social security system and enhance the economic security ability of the elderly.
After years of hard work, our city has built a basic old-age insurance system with the basic old-age insurance for employees and the basic old-age insurance for urban and rural residents as the core.
The urban and rural endowment insurance system has basically achieved full coverage. A normal pension adjustment mechanism has been established, and the basic pension level of retirees has been improved year by year.
The urban and rural basic pension standard has reached 660 yuan per person per month, ranking first in the country. At the same time, the level of medical security for urban and rural residents has gradually improved. From now on, the basic medical insurance for urban and rural residents will be merged. Among them, 80% of rural residents are directly reimbursed for medical treatment in village clinics, and 20% of elderly people over 60 are reimbursed for hospitalization.
In terms of housing security, elderly families without children in this city can give priority to renting low-rent housing if they meet the application conditions of low-rent housing in this city and apply.
Many provisions in the "Regulations" on guaranteeing the basic living and basic medical needs of the elderly according to law will certainly promote the improvement of Shanghai's security level.
In view of the current situation that the elderly have insufficient ability to pay and the financing level of old-age services is low, the regulations propose to explore the establishment of an insurance system for the elderly, which will be a major innovation of social security in this city.
Since July, 20 13, 1 year, the Municipal People's Insurance Bureau has launched a pilot program for the protection of the elderly, and gradually pushed it forward. On this basis, the city is studying the establishment of a long-term care insurance system that is connected with the basic medical insurance system, the pension service subsidy system and the commercial insurance system.
Make a systematic financing, evaluation, payment and service supervision plan. Ensure the long-term care needs of the elderly. In accordance with the requirements of the state on the pilot of the long-term insurance system, our city actively does the relevant pilot work.
Construct a perfect social pension service system to meet the multi-level and diversified needs of the elderly. Social service is an important part of the regulations, with heavy weight and high social concern.
According to some opinions issued by the general office of the municipal government at the end of last year on encouraging social forces to participate in the construction of the old-age service system in this city, the Civil Affairs Bureau and the Municipal Administration for Industry and Commerce will jointly issue the Measures for the Administration of Enterprise Registration in the Old-age Service Industry in the near future to promote the classified registration of enterprises in the old-age service industry, lower the registration threshold, promote the registration convenience and promote the full liberalization of the old-age service. The Municipal Health and Family Planning Commission will also comprehensively introduce policies to support social forces to participate in services.
We will earnestly implement social preferential treatment measures to create a social atmosphere of respecting the elderly, and add a chapter on social preferential treatment to the regulations, which makes detailed provisions on preferential treatment for the elderly.
Relevant departments of this Municipality are actively implementing preferential measures in health care, transportation, culture and leisure, business services and rights protection services. For example, in terms of medical care, medical institutions provide the elderly with the convenience of giving priority to medical treatment and hospitalization, as well as convenient measures such as medical treatment, laboratory tests, examinations and taking medicines. In terms of rights protection services, eligible elderly people over the age of 80 can come to their homes to provide legal advice and receive materials, and can provide free notarization services for wills.
In terms of transportation, the first batch of 50 barrier-free taxis were put into use to serve special groups such as the disabled and the elderly. 146 city parks are open to the public free of charge, 19 is free for people over 70 years old, and there are different price concessions for people over 60 years old.
Recently, the Municipal Bureau of Greening is stepping up the introduction of preferential measures, and it is planned that from May 1 day, the elderly over 65 will enter six parks free of charge. We believe that with the promotion of the regulations, there will be more social resources to provide more preferential services for the elderly.
Supervise the performance of family support obligations and safeguard the legitimate rights and interests of the elderly. In the aspect of spiritual support, it reiterated the rule that family members often go home to visit, and further clarified that elderly family members who live in old-age care institutions should visit frequently. In real life, in tort cases, children often fail to fulfill their responsibility of support, and the law needs to be further refined.
Recently, the main body of public bidding has been launched to the society, and relevant departments are conducting special investigations to improve the network of rights protection for the elderly and improve the efficiency of handling cases involving the elderly. The above are the main contents and highlights of the Regulations.
65438+ At the beginning of February last year, on the basis of repeated investigations in the early stage, the preliminary plan of the comprehensive allowance system for the elderly was publicly solicited from the society. We listen to social opinions extensively through the media, internet, hotlines, symposiums and questionnaires.
On this basis, we have improved the original system plan, which has been reviewed and approved by relevant meetings and will be implemented simultaneously from the official implementation date stipulated in May 1.
The scheme of the comprehensive allowance system for the elderly to be launched soon is clear: the comprehensive allowance for the elderly is distributed to the elderly who have the household registration in this city and are over 65 years old, and the comprehensive allowance for the elderly is distributed through the Shanghai Respect for the Elderly Card. The standard is divided into five grades according to age groups, with 75 yuan per person aged 65-69, Kloc-0/50 yuan per person aged 70-79, Kloc-0/80 yuan per person aged 80-89 and 350 yuan per person aged 90-99. 100 Yuan. It is estimated that the annual financial input will exceed 4.5 billion yuan.
In order to do a good job in organizing and implementing the comprehensive allowance system for the elderly, in the previous stage, we carefully designed the operation plan according to the requirements of the municipal party Committee and municipal government. Considering that this system involves more than 2.8 million elderly people, which is huge in number and highly concerned by the society, we have specially arranged a centralized processing stage. Eligible elderly people can go to the neighborhood Committee for handling. From April 1 1 to May 3 1, the neighborhood committees accepted the consultation, application, processing and obtaining the Shanghai Senior Citizen Card.
At the end of June, the first allowance will be credited to the card at the same time. In the future, eligible elderly people can go to the community affairs acceptance center nearby. Special reminder to elderly friends, centralized acceptance lasts from April 1 1 to the end of May. Please apply in an orderly manner, and handle the wrong peak.
hot-button issue
This morning, the Information Office of the Municipal Government held a press conference, inviting relevant persons in charge of the Civil Affairs Bureau, the Municipal Human Resources and Social Security Bureau, the Municipal Finance Bureau, the Municipal Judicial Bureau and the Legislative Affairs Office of the Municipal Government to attend, introducing the upcoming Regulations on the Protection of the Rights and Interests of the Elderly in Shanghai, and the policy points of the comprehensive allowance system for the elderly, and answering questions from reporters.
Shanghai TV reporter: I have two questions. The first is the Comprehensive Old Age Allowance. Last year, a preliminary plan was put forward. What is the biggest change between the final plan and the preliminary plan? Why is there such a change? In listening to public opinions extensively, which opinions of the public have been absorbed? The second question is how to apply for the new version of the old-age card now and when it can be applied. Besides the function of bank debit card, what additional functions are there?
Civil Affairs Bureau:
The comprehensive allowance for the elderly is an important measure to implement the Regulations on the Protection of the Rights and Interests of the Elderly in this city, and it is also a major livelihood policy related to the vital interests of the elderly. One system is to increase the welfare of the elderly and let them enjoy the fruits of economic and social development. The second is to realize the equalization of welfare and unify the standards of the whole city. Third, cash payment, mainly for the elderly, reflects the greatest respect for the rights and interests of the elderly.
In the process of studying and formulating the comprehensive allowance system for the elderly, the municipal party Committee and municipal government repeatedly studied and made careful decisions, and solicited opinions from the CPPCC Committee and other relevant parties many times.
In February last year, 65438+, after the media reported the preliminary plan to the society, districts, counties and towns organized 635 grass-roots symposiums in one month, with 12328 elderly people, grassroots cadres living in villages, deputies of district and county people's congresses and CPPCC members attending.
A questionnaire survey was conducted among 15 1 14 elderly people through neighborhood committees, and it was summarized in time. Analyze opinions and suggestions from all walks of life.
Now the principle we follow is to adopt the reasonable opinions of most people as much as possible. We mainly start with improving the gradient of policies and raising standards, further optimize this plan, and announce it to the public after legal procedures. Compared with the initial plan, there are three major changes. First, the age division was adjusted from four to five.
The increase of 70 to 79 years and 80 to 89 years between the original 70 to 89 years makes this gradient more reasonable. Secondly, the minimum age limit has been raised from 50 yuan to 75 yuan. Third, the standard of each file has been improved. By the end of the year, there were 2.83 million elderly people over 65 in this city. According to preliminary calculations, the required financial funds are probably close to 4.5 billion yuan. This is the first question. The second issue is the issuance of the first batch of old-age cards, because it involves more than 2.8 million old people and covers a large area. In order to organize the application smoothly and orderly, we will apply in two stages.
The first one is from April 1 1 to May 3 1, which is the stage of centralized processing. Mainly accept the situation of a large number of elderly people. Before June 3 1, the application of elderly people with household registration over 65 years old, eligible elderly people can apply to the neighborhood Committee nearby, which is a stage.
After June 1, our work entered the routine processing stage. Eligible elderly people can apply to Jie Zhen Town Community Affairs Acceptance Center one month before reaching the age of one.
At the same time, in the centralized processing stage, the elderly who have not been processed for various reasons can also be processed in the routine processing stage. Since the date of implementation of the system, from the month when the elderly meet the requirements, the comprehensive allowance for the elderly will be paid monthly and quarterly according to the applicable standards. Issued in June, April, July and June every year, 65438+ 10. This work involves a wide range of fields, involving many elderly people. So starting this afternoon, we will hold deployment meetings and training meetings in various districts, counties and towns.
All towns and villages shall ensure that the mobilization deployment and training meeting of neighborhood committees will be completed before April 10. In the centralized acceptance stage, please apply in batches from April 1 1 according to the deployment arrangements of the neighborhood committees.
At the beginning of May, the neighborhood committees successively issued cards for respecting the elderly. It will take some time due to the production of the elderly card and the development and construction of the bank fund payment system. The first batch of allowances will be unified into the cards of the elderly in late June. After entering the routine processing stage, it takes about 20 working days from applying for the card to issuing the allowance.
Jiefang Daily: Are there any specific statistics on legal aid for the elderly? With the promulgation of the new regulations, will the judicial administrative department take new measures to further simplify the procedures and provide convenience? Some elderly people need other legal services, such as notarization and keeping wills. Are there any other measures?
Bureau of Justice:
The government has the responsibility to provide free legal services and assistance to the public, especially the eligible social vulnerable groups, in accordance with the Regulations on Legal Aid of the State Council and the provisions of the Ministry of Justice. Therefore, Shanghai judicial administrative system has special statistical standards and work requirements for legal aid for the elderly.
For example, by the end of March this year, the municipal legal aid agency * * * had received legal aid consultation for the elderly 17896, which refers to on-site consultation at the municipal legal aid center.
In addition, you can call the telephone hotline 12348, and we have a special lawyer to answer the phone 24 hours a day.
By the end of March 20 16 16, the number of telephones was 40507. During this period, we provided 867 legal aid cases for the elderly in the city.
After the implementation of the Regulations on the Protection of the Rights and Interests of the Elderly in Shanghai, as the judicial administrative system of Shanghai, we will take further pragmatic measures to fully safeguard the legitimate rights and interests of the elderly, mainly in the following aspects.
First, further improve the legal network covering the whole city to facilitate the elderly to obtain legal aid.
The second is to continuously expand the coverage of service assistance for the elderly, lower the threshold for identifying financial difficulties in legal aid, and adjust the low-income line every year. According to the State Council's Legal Aid Regulations, the standard for meeting economic difficulties is 1.5 times of the minimum living standard, and Shanghai has made local adjustments on this basis.
We adjusted the minimum living allowance 1.5 times to the low-income line. In other words, for example, this year's standard is 2026 yuan. If this income is lower than this figure, it is considered as meeting the criteria of financial difficulties, and such elderly people can be included in the orientation of legal aid. Ensure that eligible elderly people can be included in time, and then provide them with relevant legal help.
The second is to strengthen the scope, standards and procedures of legal aid, so that more elderly friends can get such help and try their best to help them. Just now, our reporter friend also asked a question. Apart from legal aid, what other facilities can Shanghai judicial administrative system provide for the legal services of the elderly?
In fact, in recent years, the number of elderly people applying for notarization and trusteeship of wills has increased year by year. So from 20 13, 10 to 10, we used these two years to try to carry out the two-free service in the city. That is to say, for eligible elderly people, we are free of service charges during these two months when they apply for notarization of wills or custody of wills. After this initiative was launched, it was welcomed by the elderly friends in the city. Therefore, from June 5438+ 10, we carried out this exploratory work in a normal way. In other words, from now on, as long as eligible elderly friends apply for the two-free service, we can provide help in this regard.
In addition, for the elderly who meet the conditions of legal aid in this Municipality and have reached the age of 60, if they handle notarization matters such as maintenance agreement, maintenance agreement and property division agreement, the notarization industry in this Municipality is now free of service fees. We take the above measures mainly to better implement this regulation in the whole city.
Xinmin Evening News: According to the latest data, there are more than 2.83 million registered elderly people over the age of 65 in Shanghai, and these elderly people can apply for comprehensive old age allowance. Excuse me, for such a large group of people, what arrangements and safeguard measures are there in the specific operation and connection?
Civil Affairs Bureau:
As mentioned earlier, for the 2.83 million elderly people who are now 65 years old, we have arranged a centralized processing stage, starting from April 1 1, and officially relying on the village Committee to receive them.
This time, relying on the acceptance of the village Committee has a feature. Old people can choose village Committee registration instead of household registration according to the principle of proximity.
This afternoon, when the deployment of towns, districts and counties began, we already put forward such suggestions, hoping to rely on the powerful network of Jucun to inform propaganda to take the initiative to come to the door, implement it and reach people's homes. Especially for those who are inconvenient to move, village Committee cadres can take the initiative to provide relevant handling. After filling in the corresponding application form for old age allowance, it can be directly docked by the system, which can avoid some rush of the elderly.
On April 29th, the Municipal Social Security Card Center will send the first batch of Shanghai elderly care cards to the corresponding neighborhood committees. From May 3rd, because of the holiday, so from May 3rd, the elderly can go to the neighborhood committee to get the prepared elderly care card.
Of course, we also consider that some elderly people may live in places where they are provided with centralized support, such as nursing homes and nursing homes. We will arrange relevant staff for this purpose, and if necessary, we will arrange corresponding staff to come to the door for centralized treatment.
We now arrange the centralized processing stage from April 1 1 to May 3 1. Don't worry about the elderly who missed the processing for some reason in the centralized processing stage. After entering the formal processing stage, you can apply to the nearest community acceptance center. Our allowance is calculated and paid from the date of implementation of the system.
Thesis: The elderly need long-term care, but it is difficult for their families to do so. Do we have any support measures for these elderly people, especially in medical care?
Human Resources and Social Security Bureau:
20 13 according to the deployment of the municipal government, we chose Pudong, Yangpu and Minhang District.
This year, it has been introduced to the whole city, and the policy has been improved in terms of service time and charging standards, so that more eligible elderly people can enjoy home medical services and nursing services, and 90% of the expenses incurred will be paid by the medical insurance fund, which can greatly reduce the economic burden of the elderly.
I will introduce the home care policy that started this year.
The elderly registered in this city who are over 70 years old in the pilot year of this city can participate in home-based care for the elderly.
It is divided into three grades: mild, moderate and severe. According to this level, some medical and nursing services can be provided, including basic nursing, general clinical nursing and corresponding nursing guidance. This health department will work with us to formulate some specific service standards.
According to the level of nursing needs assessment, the service time can be roughly divided into three hours per week for mild elderly, five hours for moderate elderly and seven hours for severe elderly.
Every hour of medical care is in 65 yuan, and every hour of professional nurses is in 80 yuan. The medical insurance fund pays 90% of the expenses incurred, and the individual pays 10%.
In short, after this pilot, by the end of March, we had accumulated more than 6.5438+0.2 million person-times, and the pilot work was very stable.
The elderly who enjoy the service are also very satisfied with the medical service.
In addition, the Regulations on the Protection of the Rights and Interests of the Elderly in Shanghai clearly stipulates that development and reform, human resources and social security, civil affairs, health and family planning, finance and other departments should improve and explore the establishment of a long-term care insurance system for the elderly in line with the actual situation of this city to ensure the long-term care and nursing needs of the elderly.
In March this year, after the two sessions of the National People's Congress, the outline of the "Thirteenth Five-Year Plan" was officially announced, which proposed to explore the establishment of a long-term care insurance system and carry out long-term care insurance pilots. According to the requirements of the Outline, Ministry of Human Resources and Social Security has recently been approved by the municipal government to set up a long-term care insurance pilot. At present, under the unified deployment of the municipal government and through the joint efforts of various departments, the work of the long-term care insurance system in this city has been carried out in an orderly manner.
Reporter: Shanghai's urban aging is serious, and the elderly over 60 account for 30.2% of the registered population. With the revision of the Regulations on the Protection of the Elderly in Shanghai, what are the considerations for this investment?
Finance Bureau:
The implementation of the "Regulations on the Protection of the Elderly" needs the financial support of the government.
For a long time, the Municipal Party Committee and the Municipal Government have attached great importance to the development of the cause of aging, and the financial departments at all levels in Shanghai have also attached great importance to it. According to the National Law on the Protection of the Elderly, the Regulations of this Municipality on the Protection of the Elderly and the requirements of the Municipal Party Committee and the Municipal Government, we have included the funds for the cause of aging in the fiscal budget, and all the funds related to aging that meet the basic public services have been included in the scope of financial security.
At present, Shanghai has established a stable financial investment mechanism for the development of the elderly, and it is constantly growing. At present, the financial expenditure of the cause of aging has become the key expenditure of our public finance in Shanghai, just like education and culture. Specifically, it includes a series of expenses such as pension fund subsidies, public services for the elderly, and education and culture for the elderly. Especially in the field of old-age services, in recent years, we have increased investment in accordance with the principle that the municipal government has accelerated the construction of a five-in-one old-age security system, guaranteed the basics, and grasped the bottom line. We have increased investment in subsidies for the aged at home, the construction of catering facilities, day care centers and the construction of new beds for the aged. In the next step, the municipal finance will continue to implement the Regulations on the Protection of the Rights and Interests of the Elderly and further improve the funding guarantee. I think with the development of Shanghai's economy and society, the increase of the elderly population and the implementation of various policies related to aging, the financial investment in the cause of aging will be further increased. At the same time, we actively encourage social forces to participate in the development of China's old-age care, including the development of old-age care, and constantly increase the efforts of our government to purchase social forces to provide basic old-age care services. Actively cooperate with relevant departments to do all the work well and promote the healthy development of Shanghai's aging cause.
China economic herald: With the comprehensive allowance, will bus travel for the elderly continue to be free?
Guest:
In the Regulations on the Protection of the Rights and Interests of the Elderly, it is very clear that a comprehensive allowance for the elderly should be established.
Comprehensive allowance for the elderly is a policy that covers nutritional subsidies for the elderly and free public transportation. Therefore, after the implementation of the comprehensive allowance for the elderly, the system of free rides for the elderly over 70 years old was also abolished.
Youth Daily: Just now, you mentioned that the 70-year-old people were canceled for free rides. I saw that the supplementary social security card for the elderly stopped using on June 25, but after June 25, the elderly can't ride for free, right?
Guest: Yes.
Shanghai Old Annual Report: I often go home. Shanghai has made regulations for the elderly who enter the old-age care institutions. Should we write this provision into the regulations? What kind of considerations does it have? If we ask or advise our children to visit us many times, but the children don't accept or respond negatively, are there any compulsory measures?
Legislative Affairs Office:
Respecting the elderly is the traditional virtue of the Chinese nation. Now our country has raised this moral requirement to legal provisions, forming a relatively complete system.
First of all, the constitution stipulates in the chapter of citizens' basic rights and obligations that adult children have the obligation to support their parents. Of course, the provisions of the Constitution are sworn, so the second level is that China's law on the protection of the rights and interests of the elderly clearly stipulates that supporters should fulfill their obligations of providing economic support and physical care for the elderly.
At the same time, adult children should often visit the elderly, and the implementation of this regulation has played a positive role in safeguarding the rights and interests of the elderly. Third, the Shanghai regulations have been further refined and implemented. We have created a reminder system for old-age care institutions. During the revision of the Regulations, we noticed that some elderly people living in old-age care institutions have a strong demand for visiting their children or family members because of their relatively unfamiliar environment.
Therefore, we should remind the families who send the elderly to the old-age care institutions not to send them away at once, but to visit them often and give them spiritual comfort.
For the elderly living in old-age care institutions, we should visit them often. For families who can't visit the elderly for a long time, the old-age care institution can make suggestions and urge them to visit. This is your first topic.
The second level is that even if the old-age care institutions make suggestions, family members still don't visit. What can we do? This is a good question.
In protecting the rights and interests of the elderly, we understand that our laws and regulations are not alone.
In order to ensure the implementation of the regulations and implement measures to protect the rights and interests of the elderly, in addition to moral education, litigation and credit records can also be applied. It can also be said that children or family members do not visit the elderly for a long time, even after being reminded by the old-age care institution, and the elderly can file a lawsuit.
According to the Administrative Measures for the Collection and Use of Public Credit Information in Shanghai, if the court makes a judgment and asks the children to visit the elderly, but the children refuse to carry it out, the information will be recorded on the credit platform, which will adversely affect the life and work of the relevant parties.
Of course, here we appeal that family maintenance and emotional governance are more important than legal constraints.
All virtues put filial piety in the first place. Supporting and serving the elderly is the most basic social virtue, and it is also an ethical contract for the beginning of life. Emotion can't be replaced by anyone, and no matter how busy you are at work, you should remember that family ties are limited, and it is very painful for children to support and not be close. We remind people to consciously form a good behavior habit of respecting the elderly. By the way, you can provide legal advice and filing materials for the elderly over 80 years old.