Chapter-2 Social Security

3. Entitlement to social security: (1) The following Nepali citizens shall have the right to get the social security allowance:

(a)        Senior citizens,

(b)        Indigent,

(c)        Incapacitated and helpless persons,

(d)       Helpless single women,

(e)        Citizens with disabilities,

(f)        Children,

(g)        Citizens unable to take care themselves.

(2) The allowances to be distributed pursuant to sub-section (1) shall be distributed in the name of social security.

4. Senior citizen allowance: (1) The Dalit and single women senior citizens, after completing the age of sixty years, and other senior citizens, after completing the age of seventy years, shall get the senior citizen allowance as prescribed by the Government of Nepal, as the social security allowance.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by specifying any certain area, provide such allowance also the senior citizens who are living in such area and have not completed the age referred to in sub-section (1).

5. Destitute citizen allowance: The destitute citizens shall get the destitute citizen allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed.
6. Incapacitated and helpless allowance: The citizens who incapacitated and helpless shall get the incapacitated and helpless allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed.
7. Helpless single woman allowance: (1) The following helpless single women who have completed the age of sixty years shall get the helpless single woman allowance in a sum as specified by the Government of Nepal as the social security allowance as prescribed:

(a)        Who have not had second marriage after getting divorced,

(b)        Widows,

(c)        Who are living upon getting legal separation,

(d)       Unmarried.

(2) Notwithstanding anything contained in sub-section (1), even the helpless single women referred to in clauses (a), (b), and (c) of sub-section (1), who have not completed the age of sixty years, have no source of income to make a living, have income less than that fixed by the Government of Nepal and cannot labor shall get such a facility.

8. Disability allowance: The citizens with total disability shall get the disability allowance in a sum specified by the Government of Nepal as the social security allowance.
9. Child nutrition allowance: (1) The children who are extremely destitute, on the verge of extinction and such children who have not completed the age of five years as specified by the Government of Nepal shall get the child nutrition allowance in a sum specified by the Government of Nepal as the social security allowance.

(2) The procedures for providing the child nutrition allowance pursuant to sub-section (1) to the children shall be as prescribed.

10. Tribe on the verge of extinction allowance: (1) The citizens belonging to the tribes on the verge of extinction shall get the social security allowance specified by the Government of Nepal.

(2) The procedures for providing the allowance to the tribes on the verge of extinction pursuant to sub-section (1) shall be as prescribed.

11. Care allowance for those who are unable to take care of themselves: (1) The citizens who are unable to take care of themselves shall get the social security allowance specified by the Government of Nepal.

(2) The procedures for providing the allowance to the citizens who are unable to take care of themselves pursuant to sub-section (1) shall be as prescribed.

12. Application to be made: (1) A person who is entitled to get the social security allowance pursuant to Section 3 shall make an application to the Local Level concerned to get the social security allowance referred to in this Act.

Provided that, on behalf of the person who cannot make application himself or herself, his or her guardian curator or caretaker may make such application.

(2) While making an application pursuant to sub-section (1) for the social security allowance receivable by the children pursuant to Section 9, evidence of the record of birth registration shall also be submitted.

(3) In cases where an application is received pursuant to sub-section (1) or (2), the Local Level shall make decision by taking necessary action within seven days.

(4) While taking action pursuant to sub-section (3), if it appears that the applicant is not entitled to the social security allowance, information thereof in writing, setting out the reason, shall be given to the applicant.

(5) The format of application referred to in sub-section (1) and documents to be attached therewith shall be as prescribed.

(6) A person who does not wish to receive the social security allowance pursuant to this Section shall make a self-declaration that he or she will not receive the social security allowance and give information to the concerned Local Level.

(7) In cases where any citizen does not wish to receive the social security allowance pursuant to sub-section (6), the concerned Local Level shall honor such a person by maintaining the records thereof.

13. Not to get double social security: (1) In cases where any citizen is entitled to more than one kind of social security allowances pursuant to Section 3 of this Act, he or she shall get only one social security allowance chosen by him or her.

(2) In cases where any citizen is entitled to the same kind of facility pursuant to this Act and the prevailing law, he or she may get only one of the facilities chosen by him or her.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the children who have got allowances under the other prevailing laws may also get the allowance referred to in Section 9.

14. To get facilities under the prevailing law: (1) Notwithstanding anything contained in Section 13, this Act shall not bar the person who is entitled to the social security allowance pursuant to this Act from receiving other kinds of social security to be receivable under the prevailing law.

(2) Except in cases where the families of the martyrs who have sacrificed their lives, of the persons subjected to enforced disappearance, warriors of democracy, persons with disabilities, and those injured and victims, in the course of popular movement, armed conflict and revolution having taken place for a progressive democratic change in Nepal have got the social security pursuant to the prevailing law, they shall get the security or honor as prescribed.

(3) The Government of Nepal may adopt a unified system on the provision of the social security allowance to be provided pursuant to this Act and other social security to be provided pursuant to the prevailing law.

15. Not being entitled to social security allowance: The following persons shall not get the social security allowance referred to in this Act:

(a)        The persons who are appointed, elected, nominated for any government or public offices,

(b)        The persons who are receiving pension from a government fund,

(c)        The persons who are regularly receiving remuneration, pension, retirement facility and other incentives in any other manner.

16. Identity card: (1) The concerned Local Level shall give identity cards in the prescribed format to the persons entitled to get the social security allowance pursuant to this Act.

(2) The identity of the guardian, curator or caretaker of the person entitled to get the social security allowance shall also be set out in the identity card to be given pursuant to sub-section (1).

(3) The Local Level shall review, and update the records of, the identity cards relating to disabilities every year.

(4) Other provisions relating to the identity cards to be given pursuant to sub-section (1) shall be as prescribed.

(5) The citizens who have not got the identity cards pursuant to sub-section (1) shall not get the social security allowance.

17. Distribution of social security allowance: (1) The Local Level shall distribute the social security allowance on the basis of the identity cards referred to in Section 16.

(2) The process and modes for the distribution of social security by the Local Level pursuant to sub-section (1) shall be as prescribed.

(3) The payment of the social security allowance shall be made only through the banking system in such area and from such date as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

18. To maintain records: (1) The Local Level shall maintain records of social security distributed pursuant to this Act, in the prescribed format.

(2) The Local Level shall send the description of the distribution of social security to the concerned body of the Government of Nepal in such format and with such period as prescribed.

(3) Other provisions relating to the management of records referred to in sub-section (1) shall be as prescribed.

19. To delete the name of person entitled to social security: (1) The Local Level shall delete the name of a person who has got the social security allowance from its records in any of the following conditions:

(a)        Where the person entitled to the social security allowance has migrated to elsewhere,

(b)        Where the helpless single woman has got married,

(c)        Where the person has been disqualified to get social security pursuant to this Act,

(d)       Where the person has died,

(e)        In such other conditions as prescribed.

(2)        In cases where the person entitled to the social security allowance pursuant to clause (a) of sub-section (1) is to migrate to another place, the Local Level concerned shall mention that description in the identity card.

20. To manage budget by the Government of Nepal: (1) The Government of Nepal shall have the obligation of the social security allowance pursuant to this Act.

(2) Additional social security allowance shall not be so distributed by the Provincial and Local Governments under the respective headings that it is in overlapping (duplication) with the social security allowance to be distributed by the Government of Nepal.