Law No. (7)
of 2012
Concerning
Financial
Social Benefits in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed
bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Law No. (5)
of 1995 Establishing the Department of Finance;
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai; and
Law No. (12)
of 2008 Establishing the Community Development Authority in Dubai and its
amendments,
Do hereby
issue this Law.
This Law will be cited as “Law No.
(7) of 2012 Concerning Financial Social Benefits in the Emirate of Dubai”.
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
Emirate |
: |
The Emirate of Dubai. |
|
Executive Council |
: |
The Executive Council of the Emirate of Dubai. |
|
CDA |
: |
The Community Development Authority in Dubai. |
|
Director General |
: |
The director general of the CDA. |
|
Fund |
: |
The Social Solidarity Fund established pursuant to this Law. |
|
Family |
: |
A group of people comprised of a husband, a wife, and children
residing in one dwelling and sharing the same livelihoods, or certain members
of this group who live together in one dwelling. A person who resides with a
Family pursuant to a Certificate of Sponsorship and Care issued to the
Provider of the Family will be deemed as a member of this Family. |
|
Eligible Person |
: |
A person who meets the eligibility requirements stipulated in this Law
and the resolutions issued in pursuance hereof. |
|
Provider |
: |
A person who is bound by Sharia or law to provide for a Family. |
|
Dependent |
: |
A person for whom the Provider is bound to provide. |
|
Benefit |
: |
Monetary or in-kind aid granted to an Eligible Person in accordance
with the provisions of this Law. |
|
Eligibility Line |
: |
An amount below which, if the average Monthly Income of a Provider
falls, his Family becomes eligible for a Benefit. |
|
Beneficiary |
: |
A person who receives one or more of the Benefits stated in this Law. |
|
Monthly Income |
: |
The total average monthly amount received by a person from public or
private entities on a regular and periodic basis, excluding the aid received
by a Family from individuals, associations, or public-benefit corporations. |
|
Person with Additional Needs |
: |
A person who has medical or social conditions that make him in greater
need of money and care compared to ordinary persons. |
This Law will apply to:
1.
any UAE
national holding a family book (Khulasat Qaid) issued in the Emirate;
2.
any divorced
woman or widow who provides for a child holding a family book (Khulasat Qaid)
issued in the Emirate; and
3.
children
provided for by a widow holding a family book (Khulasat Qaid) issued in
the Emirate.
Benefits that may be provided
pursuant to the provisions of this Law will be as follows:
1.
Periodic Benefit: An aid paid on a periodic basis to an Eligible
Person to meet his basic living needs;
2.
Urgent
Benefit: A monetary aid of no more than
twenty-five thousand Dirhams (AED 25,000.00) paid to an Eligible Person due to
being in an emergency situation beyond his control which threatens his
stability or livelihood and which is insurmountable under his current financial situation. This aid does not include
providing temporary housing.
3.
Lump-sum
Benefit: A monetary aid of no more than
fifty thousand Dirhams (AED 50,000.00) paid to an Eligible Person:
a.
to enable him
to increase his income to meet his living needs;
b.
to outfit or
furnish his dwelling; or
c.
where he is a
person with disability, or where he falls in any other category determined by a
resolution of the Director General, who may suffer harm in the course of inclusion
in the community.
4.
Soft Loan
Benefit: An interest-free loan of no more
than one hundred thousand Dirhams (AED 100,000.00) paid to an Eligible Person
to meet his living needs. This Benefit will be provided in the manner
prescribed by the CDA.
5.
Temporary
Housing Benefit: Providing
temporary accommodation other than in social care houses. This Benefit will be
provided to an Eligible Person who has no dwelling, or whose dwelling has
sustained damage as a result of an emergency event which has made it
uninhabitable. This aid will be suspended where the grounds for providing it
cease to exist.
a.
To be
eligible for the Benefits stipulated in this Law, the following requirements
must be met:
1.
the Monthly
Income of an Eligible Person or Provider must be less than the Eligibility Line
specified in Article (6) of this Law; and
2.
the Eligible
Person or Provider must have a permanent settled residence in the Emirate.
b.
In addition
to the requirements stipulated in paragraph (a) of this Article, the cases,
requirements, and mechanisms of paying, granting, and providing the Benefits
mentioned in Article (4) of this Law will be determined by a resolution of the
Director General.
a.
The
Eligibility Line will be calculated based on the Monthly Income of a Provider.
The Monthly Income of Family members residing with the Provider will not be
taken into account when calculating the Eligibility Line.
b.
The
Eligibility Line will be determined as follows:
1. ten thousand and seven hundred Dirhams (AED 10,700.00), for a
Family consisting of one (1) member;
2. thirteen thousand and seven hundred Dirhams (AED 13,700.00), for a
Family consisting of two (2) members; and
3. the Eligibility Line will be raised by one thousand Dirhams (AED
1,000.00) for each additional Family member, starting from the third member.
c.
Notwithstanding
the provisions of paragraph (b) of this Article, a periodic Benefit may be paid
beyond the Eligibility Line in the following cases:
1.
where the
Family does not own a dwelling; or
2.
where one or
more of the Family members are Persons with Additional Needs.
d.
The criteria
and amount by which a periodic Benefit may be paid beyond the Eligibility Line
in the two (2) cases mentioned in paragraph (c) of this Article will be
determined by a resolution of the Director General.
e.
For the
purposes of granting a soft loan Benefit, the Eligibility Line mentioned in
paragraph (b) of this Article will be increased by a maximum of two thousand Dirhams
(AED 2,000.00).
f.
The CDA will,
in coordination with the Department of Finance, periodically review the
Eligibility Line in view of the economic, social, and financial indicators and
any other relevant factors, and will submit to the Chairman of the Executive
Council appropriate recommendations on modification of the Eligibility Line.
A Beneficiary’s right to a Benefit
to which he is entitled pursuant to this Law will be forfeited in any of the
following cases:
1.
where the
employment of the Beneficiary ends for reasons attributed to him which are not
acceptable to the CDA;
2.
where an
unemployed Beneficiary is able to work but fails to make serious efforts to
obtain employment within six (6) months from the date on which he receives a
periodic Benefit or within one (1) year from the date on which he receives a
temporary housing Benefit, or where he rejects work offered to him which is, at
the CDA’s discretion, commensurate with his qualifications and capabilities; or
3.
where a
Beneficiary ceases to meet any of the Benefit eligibility requirements.
a.
The CDA will
gradually implement schemes of the Benefits stipulated in this Law according to
the priorities determined by it with respect to the types, categories, and
amounts of Benefits. The CDA will notify targeted categories of the
implementation of such schemes.
b.
When
determining Benefits of eligible categories, the CDA will comply with this Law
and the resolutions issued in pursuance hereof, and will take into account the availability
of financial resources, actual needs of persons applying for Benefits, and
priority of the cases presented to it.
a.
The CDA must
announce, through methods that ensure best access to eligible categories, the Benefit
schemes gradually implemented by the CDA pursuant to Article (8) of this Law.
The announcement must state the Benefit eligibility requirements and the method
of obtaining Benefits.
b.
The CDA will develop appropriate mechanisms to
communicate with persons who are unable to identify the Benefit eligibility
requirements to ensure that they obtain Benefits.
a.
The CDA must
conduct a case study for any person applying for a Benefit covered by this Law
to ensure that he meets the eligibility requirements for this Benefit.
b.
Social
researchers will set plans for the empowerment of all Eligible Persons and
Beneficiaries, who are able to work and earn a living, and for enabling them to
dispense with periodic Benefits. The CDA will implement these plans in
cooperation with the concerned entities in the Emirate.
c.
A Beneficiary
who is enrolled in an empowerment plan must comply with this plan in accordance
with the relevant undertaking submitted by him to the CDA.
d.
Case studies of
the Beneficiaries of periodic Benefits or temporary housing Benefits will be
conducted at least once every year to verify the conditions of Families and the
need to increase, reduce, or suspend the Benefit provided to any of them.
e.
A Beneficiary
Provider who avails of a periodic Benefit or temporary housing Benefit must
submit a report on his financial and social conditions every six (6) months,
and must notify the CDA of any change in these conditions that may affect his
eligibility for the Benefit or the amount of such Benefit. The CDA must suspend
the Benefit immediately if the grounds for providing it cease to exist, where
this is evidenced by a case study or any other mechanism determined by the CDA.
f.
Where a
Beneficiary Provider dies, the new Family Provider will inform the CDA of the
same no later than two (2) weeks from the date of death.
The CDA will take the necessary
action to develop the financial skills of Beneficiaries to enhance their
ability to manage their financial resources and rationalise spending the
Benefits they receive from the CDA.
The CDA will, in coordination with
government and non-government entities, create an electronic database for
Eligible Persons and Beneficiaries to ensure that Benefits are provided to
Eligible Persons and that Beneficiaries do not obtain the same Benefit from
more than one entity. This may be achieved through the electronic connection of
Benefit providers, and the CDA will have the right to take all actions required
to implement this electronic connection.
a.
An
administrative unit named the “Social Solidarity Fund” will be established at
the CDA as part of its organisational structure.
b.
The Fund will
have the following objectives:
1.
to promote
the spirit of social solidarity and strengthen cooperation among the community
members;
2.
to provide
social support to Beneficiaries, and to assist them in overcoming adversities and
emergency situations; and to meet the demands of the needy; and
3.
to bridge the
gap among community members in relation to their standard of living, and
to achieve social welfare.
a.
A committee
will be formed pursuant to a resolution of the Director General to supervise
the Fund. This committee will have the duties to:
1. set the general policy for achieving the objectives of the Fund
and the method of dealing with donators and Beneficiaries, submit these
to the Director General for approval, and supervise implementation of the same;
2. approve the criteria, rules, and procedures required to support
Beneficiaries in accordance with the provisions of this Law and the resolutions
issued in pursuance hereof, and submit these to the Director General for final
approval;
3. review and consider the reports, and supervise the activities, of
the Fund;
4. determine applications for obtaining financial support from the
Fund;
5. propose the methods and measures required to enhance the resources
of the Fund; and
6. perform any other duties, related to the objectives of the Fund, which
are assigned to the committee by the Director General.
b.
The
resolution forming the committee mentioned in paragraph (a) of this Article
will determine the terms of reference of the committee; procedures for holding
its meetings and passing its resolutions and recommendations; and its term of
membership.
The Benefits prescribed by this
Law will be financed from the following financial resources:
1.
financial
support allocated to Benefits in the annual budget of the CDA;
2.
grants,
gifts, donations, endowments (Waqf), and aid provided to the Fund and
acceptable to the committee supervising the Fund; and
3.
any other
resources approved by the Executive Council.
a.
Without
prejudice to any civil or penal liability stipulated by the legislation in
force, the payment of a Benefit prescribed by this Law will be suspended
pursuant to a resolution of the Director General where it is established that
this Benefit is provided to a non-eligible person or used for a purpose other
than that for which it is intended. The Benefit will be suspended, and it, or
its financial value, will be recovered, in any of the following cases:
1.
submitting
incorrect information or false documents to obtain the Benefit, or concealing
data or information that may affect the decision on payment of the Benefit or
the decision on its amount;
2.
creating
false appearances that may affect the assessment of a case in order to obtain a
Benefit through unlawful means; or
3.
failure by a
Beneficiary to comply with the empowerment plan prescribed by the CDA.
b.
A Beneficiary
from whom a Benefit is recovered will pay all costs incurred by the CDA to
recover it. The CDA may take all necessary legal actions to recover the
Benefit.
Any affected party may submit a
written grievance to the Director General against any decisions or measures
taken against him by the CDA under this Law. The grievance will be submitted
within thirty (30) days from the date of the contested decision or measure, and
will be determined by a committee formed by the Director General for this
purpose. The decision
of the committee on the grievance will be
final.
The Director General will issue
the resolutions required for the implementation of the provisions of this Law.
Any provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Law.
This Law will be published in the
Official Gazette and will come into force on the day on which it is published
Mohammed bin
Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 7 October 2012
Corresponding to 21 Thu al-Qidah 1433 A.H.
©2016 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic
text will prevail.