Legislation Details
- Full Title: Federal Law on The Social Security
- Law Type: Federal Law
- Law Number: [no number] of 2001
- Issued Date: 02 Jan 2001
- Effective Date: 01 Mar 2002
- Official Gazette: No. 357
- Sector: Family and Community
- Status: Active
- Number of Articles: 48
- Chapters/Parts: 0
- Amendments: 1
Summary
The Federal Law on The Social Security regulates the provision of social assistance to various categories of UAE citizens, including widows, divorcees, the disabled, the elderly, orphans, and others in need. The law defines the eligibility criteria, application procedures, and the responsibilities of the Ministry of Community Development and the Social Assistance Committee in administering the social security system. The law aims to provide financial support and social protection to vulnerable members of the UAE community. It is an important piece of legislation that impacts the lives of many Emirati citizens and residents. (Federal Law on The Social Security, 2001, Art. 1-24)
What is the scope and purpose of this law?
The Federal Law on The Social Security applies to UAE citizens residing within the country who meet the eligibility criteria specified in the law. The law's purpose is to regulate the provision of social assistance to various categories of individuals, including widows, divorcees, the disabled, the elderly, orphans, and others in need. The law defines the scope of social assistance, the application process, and the responsibilities of the relevant government authorities in administering the social security system. (Federal Law on The Social Security, 2001, Art. 2-4)
What are the key definitions under this law?
- State: The United Arab Emirates
- Ministry: The Ministry of Community Development
- Minister: The Minister of Community Development
- Department: The Department of Social Security
- Committee: The Social Assistance Committee
- Family: A group of people consisting of a husband, one or more wives, and their children or some members of such a group if they live together
- Breadwinner: Any financially-capable person obligated, based on Sharia principles, to support their entitled family members
- Widow: Any woman below 60 years of age whose husband died and her "Iddah" expired, and she has not remarried and has no source of income or a financially-capable Breadwinner
- Divorcee: a) Any woman below 35 years of age who is divorced and her "Iddah" is expired, and she has not remarried and has no source of income or a financially-capable Breadwinner; b) Any woman above 35 years of age who is divorced and her "Iddah" is expired, and she has not remarried and has no source of income
- Deserted Wife: Any woman proved to be deserted by her husband, based on Sharia principles, and has no source of income or a financially-capable Breadwinner
- Disabled: Any individual who suffers from a mental or physical disability or a psychological functions disorder reducing their ability to perform their natural role in the community, and has no source of income
- Elderly: Any person at the age of 60 and has no source of income
- Orphan: Any person whose father died before reaching the age of majority and has no source of income or a financially-capable Breadwinner
- Person of Unknown-Parentage: A person below the age of majority who is born of unknown parents and has no source of income, is not in the care of a financially-capable person, and no entity is supporting them
- Unmarried Girl: a) Any girl above the age of 18 and below the age of 35 who has not married or worked and has no source of income or a financially-capable breadwinner; b) Any girl above the age of 35 and below the age of 60 who has not married or worked and has no source of income
- Disabled Patient: Any person below the age of 60 who suffers from a total or partial disability preventing them from earning their living or supporting their family and has no source of income
- Married Student: Any married male student enrolled in an educational institution and has no source of income
- Prisoner's Family: Any family whose breadwinner is sentenced to imprisonment or arrested by a competent authority for a period of at least two months and has no source of income, or otherwise if the family's income is less than the amount entitled to its Breadwinner if they would have received social assistance
- Financially-Incapable Person: Any person whose income from their work is less than the amount entitled to them had they received social assistance, and it is proved that they are incapable of performing any other work to increase their income
(Federal Law on The Social Security, 2001, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations and requirements:
- The social assistance provided under this law is limited to UAE citizens residing within the country. (Art. 2)
- The law specifies various categories of individuals who are eligible for social assistance, including widows, divorcees, the disabled, the elderly, orphans, and others in need. (Art. 4)
- The amount of social assistance is determined by a resolution from the Council of Ministers based on a proposal from the Minister. (Art. 5)
- The social assistance is reduced if the recipient has income, but the assistance cannot be less than AED 625 per month. (Art. 6)
- Applicants for social assistance must submit their request to the Department of Social Security, which will conduct a social research and refer the request to the Social Assistance Committee. (Art. 8)
- The Social Assistance Committee must issue a decision on the request within 30 days. (Art. 8)
- Recipients of social assistance must provide an annual statement of their financial and social status and inform the Department of any changes that may affect their eligibility. (Art. 10)
- The Department must observe the status of social assistance recipients at least twice a year and may issue decisions to increase, decrease, or cancel the assistance based on the results. (Art. 11)
(Federal Law on The Social Security, 2001, Art. 2-11)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation only states that the Ministry may lapse the assistance and recover any amounts disbursed unlawfully if the recipient has provided incorrect data or used forged documents to obtain or increase the assistance. However, the law does not mention any criminal liability or other penalties. (Federal Law on The Social Security, 2001, Art. 17)
When did this law come into effect?
The Federal Law on The Social Security was issued on 02 January 2001 and came into effect on 01 March 2002. The law was published in the Official Gazette No. 357. (Federal Law on The Social Security, 2001, Effective Date)
How does this law interact with other UAE legislation?
The law references the following related legislation:
- Federal Law No. (1) of 1981 on reviewing the competences of the ministry and powers of ministers and laws in amendment thereof
- Federal Law No. (12) of 1981 on reviewing the social security and laws in amendment thereof
However, the text does not specify how this law interacts with or amends the provisions of these other laws. (Federal Law on The Social Security, 2001, Preamble)
Source Documents
This article analyses Federal Law on The Social Security for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.