2023년 국민기초생활보장 사업안내

2023년 국민기초생활보장 사업안내

★2023년_국민기초생활보장사업안내(최종게시).pdf

4.58MB

Contents
제 1 편 제도 개요
2023 국민기초생활보장사업안내
Ⅰ. 국민기초생활보장제도 개요 ···························································3
Ⅱ. 업무처리 프로세스 ·········································································7
1. 시･군･구, 읍･면･동의 역할 ·························································8
2. 세부 업무처리 절차 ·····································································9
제 2 편 신청 및 선정기준
Ⅰ. 수급자 신청 ··················································································21
1. 급여신청 주체 ···········································································21
2. 급여신청 장소 및 기간 ·····························································21
3. 신청 구비서류 ···········································································22
4. 신청절차 ····················································································24
5. 신청 시 안내사항 ······································································25
6. 급여신청의 효과 ········································································28
7. 신청 등록 ··················································································28
8. 급여종류별 새올 민원접수 및 등록 ···········································29
9. 긴급 생계급여와 긴급지원사업 연계 검토 ·································29
10. 맞춤형 급여 안내(복지멤버십) 신청 ········································29
11. 서민금융지원 등 이용안내 ······················································30
Ⅱ. 수급자 선정기준 ···········································································31
1. 보장의 단위 ··············································································31
i

Contents
2. 수급자 선정기준 ········································································49
Ⅲ. 수급권자 범위의 특례 ·································································52
1. 개인단위 보장에 따른 수급권자 범위의 특례 ····························54
2. 타 법률에 따른 수급권자 범위의 특례 ······································60
3. 기타 수급(권)자 범위의 특례 ····················································63
제 3편 조 사
Ⅰ. 조사의 개요 ··················································································81
1. 조사의 목적 및 일반원칙 ··························································81
2. 조사의 종류 ··············································································82
3. 자료 제출 요구 ·········································································87
4. 조사수행 주체 ···········································································89
5. 조사거부 등에 대한 처리 ··························································90
6. 유의 및 기타 행정사항 ·····························································90
Ⅱ. 근로능력 판정 ··············································································96
1. 근로능력 있는 수급자 ·······························································96
2. 근로능력 없는 수급자 ·······························································96
Ⅲ. 소득조사 ·····················································································100
1. 소득의 의미 ············································································100
2. 소득평가액산정 ·······································································100
ii

2023 국민기초생활보장사업안내
3. 소득유형별 조사방법 ·······························································108
Ⅳ. 재산조사 ·····················································································133
1. 재산의 종류 ············································································133
2. 재산의 조사범위 ······································································135
3. 재산가액 산정기준 ··································································136
4. 재산유형별 조사방법 ·······························································137
5. 부채 ························································································164
6. 재산의 소득환산액 ··································································169
Ⅴ. 부양의무자 조사 ········································································175
Ⅴ-1. 생계급여 수급(권)자 부양의무자 조사 ····························175
1. 부양의무자 조사 내용 ·····························································176
2. 부양의무자 조사 순서 ·························································176
3. 부양의무자의 소득･재산 조사 ·················································180
4. 부양의무자가 있어도 부양을 받을 수 없는 경우 ····················183
Ⅴ-2. 의료급여 수급(권)자 부양의무자 조사 ····························186
1. 부양의무자 조사 내용 ·····························································187
2. 부양의무자 조사 순서 ·····························································187
3. 부양의무자의 소득･재산 조사 ·················································191
4. 부양능력판정 기본개념 ····························································199
제 4 편 급여의 실시
Ⅰ. 급여의 개요 ················································································233
iii

Contents
1. 급여의 기본원칙 ······································································233
2. 급여의 종류 등 ·······································································234
3. 급여의 결정 ············································································235
4. 소멸시효 및 소급지급 관련 ····················································236
Ⅱ. 급여의 지급 ················································································238
1. 급여지급 절차 ·········································································238
2. 급여의 변경 ············································································239
3. 급여의 중지 ············································································241
4. 계좌관리 ·················································································243
Ⅲ. 급여종류별 세부내용 ·································································248
1. 생계급여 ·················································································248
2. 이행기 보전액 ·········································································263
3. 주거급여, 교육급여 ·································································263
4. 해산급여 ·················································································263
5. 장제급여 ·················································································265
제 5 편 수급자 관리
Ⅰ. 수급자격 변동사항 등 관리 ······················································269
1. 수급자 관리 개요 ····································································269
2. 수급자 증명서 발급 ································································269
3. 수급자격 변동사항 등의 확인 및 관리 ···································270
4. 중점관리대상자 및 조사정보 제공 관리 ··································276
5. 거주지의 변경에 따른 업무처리 ··············································277
iv

2023 국민기초생활보장사업안내
Ⅱ. 의사무능력(미약)자의 급여관리 ················································279
1. 목적 및 기본원칙 ····································································279
2. 급여관리자 지정이 필요한 수급자 범위 ··································279
3. 급여관리자 지정·변경 및 급여관리 ·········································281
4. 급여관리(사용)실태 점검 ·························································284
Ⅲ. 보장비용의 징수 ········································································287
1. 부정 수급자에 대한 보장비용 징수 ·········································287
2. 부양의무 불이행자에 대한 보장비용 징수 ·······························296
3. 결손처분 ·················································································304
4. 소멸시효 ·················································································304
5. 고발조치 ·················································································305
Ⅳ. 과오수급(반환명령) ····································································308
1. 과오수급(반환명령)의 요건 및 대상 ········································308
2. 과오수급(반환명령)의 감면(감액 또는 면제) ····························308
3. 과오수급(반환명령) 대상자 관리 ·············································309
4. 과오수급(반환명령)의 절차 및 처리 방법 ································310
제 6 편 보장시설
Ⅰ. 보장시설 개요 ············································································315
1. 보장시설의 의미 ······································································315
2. 보장시설의 범위 ······································································316
3. 보장시설의 장의 의무 ·····························································319
v

Contents
Ⅱ. 보장시설 수급자의 선정기준 ····················································320
1. 보장시설 수급자 기준 ·····························································320
2. 보장시설 수급자에 대한 부양의무자 기준 특례 ······················321
Ⅲ. 보장시설 수급자에 대한 조사 및 관리 ···································325
1. 조사 및 관리 주체 ··································································325
2. 수급(권)자 및 부양의무자 조사 ···············································326
3. 보장시설 수급자 관리 ·····························································326
Ⅳ. 보장시설 수급자에 대한 급여 ··················································332
1. 생계급여 ·················································································332
2. 주거급여 ·················································································339
3. 교육급여 ·················································································339
4. 장제급여, 해산급여 ·································································339
Ⅴ. 보장시설 수급자 자립촉진 지원방안 ·······································341
1. 배 경 ······················································································341
2. 자립적립금 인정요건 ·······························································341
3. 자립적립금에 따른 업무처리 ···················································342
제 7 편 보장기관
Ⅰ. 보장기관 ·····················································································349
Ⅱ. 지방생활보장위원회 ···································································351
vi

2023 국민기초생활보장사업안내
1. 지방생활보장위원회의 조직과 구성 ·········································351
2. 지방생활보장위원회의 기능 ·····················································352
3. 지방생활보장위원회 개최 및 운영 ···········································356
4. 지방생활보장위원회 소위원회 설치･운영 ·································357
Ⅲ. 이의신청 ·····················································································360
1. 이의신청제도의 개요[법 제38조부터 제41조까지] ··················360
2. 시･도지사에 대한 이의신청 절차 ············································362
3. 교육급여에 대한 이의신청 신청대행 ·······································363
4. 보건복지부장관･국토교통부장관에 대한 이의신청 절차 ···········364
제 8 편 사회취약계층 특별보장대책
Ⅰ. 주거가 일정하지 않은 취약계층에 대한 특별보장 ·················367
1. 취약계층의 범위 ······································································367
2. 취약계층에 대한 보장원칙 ······················································367
3. 비닐하우스 및 판자촌 거주자에 대한 보장방안 ······················369
4. 쪽방 등 거주자에 대한 보장방안 ············································372
5. 노숙인자활시설 거주자 등에 대한 보장방안 ···························373
6. 노숙인 등에 대한 보장방안 ····················································374
7. 거주불명등록자에 대한 보장방안 ············································375
Ⅱ. 교정시설 출소자에 대한 특별연계 보장방안 ··························377
1. 목 적 ······················································································377
2. 급여신청의 특례 ······································································377
3. 보장기관 ·················································································379
vii

Contents
4. 보장방안 ·················································································380
5. 보장절차 ·················································································383
6. 급여 실시상의 유의사항 ··························································385
7. 행정사항 ·················································································385
Ⅲ. 지역사회 자원활용을 통한 민관연계 보장체계 운영방안 ······386
1. 목 적 ······················································································386
2. 민간 사회복지사에게 저소득주민 보장의뢰 권한 부여방안 ······386
3. 보건소 등 공공기관과 상호 협력체계 구축･운영방안 ··············389
4. 혼자 사는 저소득가구 등에 대한 방문보호제 실시방안 ··········392
5. 지역사회 기초생활보장 실무간담회 구성･운영방안 ·················394
6. 저소득 취약계층에 대한 멘토링 연계 운영방안 ······················395
7. 복지소외계층 발굴 및 민간자원 연계지원 “좋은이웃들” ·········399
8. 행정사항 ·················································································402
제 9 편 서 식 403
제 10편 부 록
Ⅰ. 국민기초생활보장수급자 감면제도 안내 ··································475
Ⅱ. 무료 소송제도 지원 이용안내 ··················································480
Ⅲ. 서민금융지원 및 채무조정제도 이용안내 ································481
Ⅳ. 개인파산･회생 소송구조 지정변호사 제도 ······························486
viii

 

2023 국민기초생활보장사업안내
1. 소송구조 대상자(증명서류) ······················································486 

2. 소송구조를 받는 소송비용 ······················································486

3. 소송구조의 이용 절차 ·····························································486

4. 이용자가 받을 수 있는 서비스 범위 ·······································487

5. 소송구조 지정변호사 ·······························································487
Ⅴ. 한국장학재단 학자금 대출 안내 ···············································488
Ⅵ. 압류방지 전용통장 ··································································490 

1. 개 요 ······················································································490 

2. 급여지급 흐름에 따른 관계기관의 역할 ··································490 

3. 압류방지 전용통장 계좌 변경 주의사항 ··································493
Ⅶ. 성년후견제도 ··············································································495
Ⅷ. 연도별 최저생계비 및 기준 중위소득 ·····································498
ix