Criteria for social security aid

In legal science there is no comprehensive range of criteria for social security care which enables to differentiate it from social security support. The scheme under which care can be rendered once only but support excludes any single basis as it is paid in case of long-lasting or life lack of means (e.g. in case of disability) seems to be a correct one. It is necessary to take into account that care unlike support is always limited either by its size or in time. That is why time length and size can be used as criteria for care. It is stressed in the article that within the frame of a separate kind of care these criteria are usually proportionate to each other i.e. a considerable term (covers years) corresponds to its inconsiderable (not allowing to satisfy main vital needs) size and vice versa. In the majority of cases the revealed dependence enables to establish directionality at rendering care of those provisions which according to one of the listed criteria can by mistake be referred to the category of support. In addition to this, it's wrong to state the inverse proportionality of size and term of rendering with the purpose to distinguish care and support as term and size are quantitative indices whereas social security care presents some quality which is not always stipulated by qualitative characteristics. Moreover, the size often changes and the situation when the same provision in terms of changing size can be either the means of social security care or social security support is theoretically possible. Thus, in addition to the above criteria of time and size the author proposes to take into account individual functional purpose i.e. the role of each provision in the system of social security initiated by legislators proceeding from the goal which each provision is called to reach. The analysis of individual functional purpose allows establishing the goal of social pensions, the latter being the matter of dispute in the science of social secur law. In the conclusion, the author states that the proposed methods are of great practical significance in the law making activities as they give the possibility to develop of social security legislation through revealing nonconformance between the size of a social security provision and its individual functional purpose.

Keywords

Authors

References