Social Security in Nepal: A Complete Guide

The Highlights of Social Security Act 2075 covers the eligibility for obtaining Social Security, process of filing for such Security, facilities provided, Identity Card and Offences related to Social Security in Nepal.

Introduction of Social Security Act

Social Security in Nepal refers to any form of Cash, support or additional allowances provided to the Citizens of Nepal entitled to such benefits for their protection. Social Security Act 2075 was drafted in accordance with Right to Social Security provisioned in the Constitution.

Who can obtain Social Security in Nepal?

The following individuals are entitled to receive social security allowances:

  1. Senior citizens
  2. Indigent
  3. Incapacitated and helpless persons
  4. Helpless single women
  5. Citizens with disabilities
  6. Children
  7. Citizens unable to take care of themselves

Senior Citizen

Dalit and single women senior citizens, upon reaching the age of sixty years, and other senior citizens, upon reaching the age of seventy years can receive senior citizen allowance as determined by the Government of Nepal. The Government of Nepal may extend this allowance to senior citizens residing in specific areas who have not reached the ages mentioned.

Destitute Citizen

Destitute citizens can receive an allowance determined by the Government of Nepal as the social security allowance, as prescribed.

Incapacitated and Helpless

Citizens who are incapacitated and helpless can receive an allowance determined by the Government of Nepal as the social security allowance.

Helpless Single Women

Helpless single women who have reached the age of sixty years, including those who have never remarried after divorce, widows, those living under legal separation, and unmarried women, can receive the helpless single woman allowance.

Additionally, helpless single women who have not yet reached the age of sixty years but lack a source of income, earn less than the amount set by the Government of Nepal, and are unable to work, can be eligible for this allowance.

Disability

Citizens with total disabilities can receive an allowance specified by the Government of Nepal as the social security allowance.

Child Nutrition

Children who are extremely destitute, under the age of five years as specified by the Government of Nepal, can receive the child nutrition allowance as determined by the Government of Nepal as the social security allowance.

Vulnerable Tribes

Citizens belonging to tribes on the verge of extinction can receive the social security allowance specified by the Government of Nepal.

Citizens Unable to Take Care of Themselves

Citizens unable to take care of themselves can receive the social security allowance specified by the Government of Nepal.

Process of Obtaining Social Security in Nepal

Step 1: Ensure your Eligibility Criteria

Step 2: Submit an Application to the Local Level

Step 3: Decision by Local Level

Step 4: Issuance of Social Security

Step 1: Ensure your Eligibility Criteria

Before proceeding with the application process, individuals should ascertain whether they meet the criteria to qualify for the social security allowance.

Step 2: Submit an Application to the Local Level

To initiate the process, eligible individuals must complete the designated application form provided by the Local Level authority. If they are unable to apply in person, they may authorize a guardian, curator, or caretaker to submit the application on their behalf.

It is necessary to include Evidence along with the Application for Verification Purposes.

Step 3: Decision by Local Level

The Local Level authority is tasked with processing it within a period of seven days. During this time, they review the submitted application and supporting documentation to determine the applicant’s eligibility for the social security allowance. If the applicant is found to be ineligible, the Local Level authority will issue a written notification outlining the reasons for the decision.

Step 4: Issuance of Social Security

Individuals who opt not to receive the social security allowance must formally declare their decision by submitting a self-declaration to the relevant Local Level authority. Thereafter, the local Level shall issue the Social Security Allowance according to the Legal Provisions.

Facilities Obtained Through Social Security Act

In circumstances where the Individual is entitled to more than One Social Security Allowances, they shall be eligible to one form of Social Security as chosen by themselves.

Individuals eligible for social security allowances under this Act may also receive other forms of social security as per existing laws.

Unless specific groups such as families of martyrs, victims of enforced disappearance, democracy activists, persons with disabilities, and those injured during movements for democratic change in Nepal have received social security benefits under existing laws, they shall be entitled to the prescribed security or honor.

The following individuals are not eligible for the social security allowance:

(a) Individuals appointed, elected, or nominated for government or public offices, (b) Individuals receiving pensions from government funds,

(c) Individuals regularly receiving compensation, pensions, retirement benefits, or other incentives in any form.

Identity Card required for Social Security

The relevant Local Authority can issue identity cards in the prescribed format to eligible individuals for receiving social security allowances. The identity card issued can also include the identity of the guardian, curator, or caretaker of the entitled individual.

The Local Authority can annually review and update records of identity cards for persons with disabilities. Citizens who have not obtained identity cards cannot be eligible for social security allowances.

Social security allowances can be distributed by the Local Authority based on the identity cards. Social security allowances can only be disbursed through the banking system in areas and from dates specified by the Nepalese Government through publication in the Nepal Gazette.

The Following Actions are considered to be Offences according to this Act. Any individual may lodge a complaint regarding the actions below with the Judicial Committee of the relevant Local Authority. The Judicial Committee of the relevant Local Authority shall conduct trials and adjudicate cases. They must be heard and resolved within 120 Days from the Date of Filing.

(a) Obtaining social security allowances through false representation,

(b) Receiving social security allowances in violation of this Act or its associated Regulations,

(c) Misusing social security allowances received by an individual, whether by their guardian, trustee, or another party, in a manner contrary to the recipient’s interests,

(d) Misappropriation of social security allowances by officials responsible for distribution,

(e) Providing false information or recommendations.

If Individuals make False Recommendations, they are subject to Punishment in accordance with Existing Laws. However, for Individuals found guilty of other Offences related to Social Security are liable to be fined equivalent to the amount of money claimed along with recovery of Misappropriated Funds. Individuals dissatisfied with decisions rendered by the Judicial Committee may appeal to the District Court within thirty-five days of receiving notification of such decisions.

Conclusion

The Social Security Act 2075 in Nepal has guaranteed the protection for citizens through allowances and support. The Individuals eligible are senior citizens, the destitute, incapacitated individuals, helpless single women, citizens with disabilities, children, and those unable to care for themselves. Identity cards are issued for allowance distribution. For obtaining Social Security Allowance, an Application must be filed at the Local Level. Social Security and Social Security Fund are different.

Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication or solicitation. Specific advice of professionals must be sought for each case.

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