What payments and benefits are a disabled child entitled to from the state? Benefits for disabled children

Now in Russia, disabled children make up 2% of the total number of children and adolescents (approximately 80,000). The reason for the birth of such a child is problems that arose during the mother’s pregnancy (diseases, various pathologies, smoking, alcohol, drugs), birth and post-natal injuries, infectious diseases suffered in utero, genetic predisposition. But what

the reasons did not lead to health problems for the child, he is a full citizen of the country and has all the rights to benefits for disabled children.

What benefits are there

So it happened that the child had developmental problems. What can parents expect and what benefits are available to disabled children? The state has established pension payments, additional funds care This is the main thing. Next come medical service, provision of medicines and Spa treatment. In addition, there are tax breaks for parents, a subsidy for paying utilities. The state undertakes to provide for the child free of charge orthopedic shoes, wheelchairs and other necessary technical means for successful rehabilitation.

Benefits for mothers

There are benefits for mothers of disabled children. If a child needs constant care and the mother is unable to work, then she can formalize this and receive additional funds for her son or daughter’s pension. Until 2013, this amount was very ridiculous, only 1,200 rubles. Now it has been raised quite significantly, to 5,600 rubles. Mom will go seniority, she has the right to retire 5 years earlier. Parents who are still working are given additional days off, but the conditions are very funny: provision of 1 or 4 days, with reservations, per month - without pay.

Benefits when receiving education

Benefits for disabled children will also apply to education. They must create all the conditions so that children can develop within their capabilities. In each region, but, of course, not in every district, special rehabilitation centers, where correctional specialists work (speech pathologists, speech therapists, special psychologists, physiotherapists and others). Classes in such centers for children are completely free. Parents should only bring their children, as in kindergarten. Exists

Also home schooling for those who have benefits for disabled children. To do this, you need to contact the school to which the child is assigned, and they will allocate a teacher. If it's a high school student, there are plenty technical means For distance learning, it can be used to obtain vocational education.

Providing benefits

Benefits for children with childhood disabilities have a fairly impressive list, but they can only be received after the conclusion of a special commission on disability. Not so simple. First you need to contact your local pediatrician. He gives directions for taking tests and a sheet for passing narrow specialists, the child must stay in the hospital more than once. Then a commission is appointed. And so on every two years.

Bad ecology, poor nutrition, mass application genetically modified products, annually mutating viruses and others unfavorable factors sometimes lead to the fact that even completely healthy parents may give birth to a baby that requires special care and attention. Such children are not only a grief for their parents, but also a heavy financial burden. A good help for them is the assistance of the state, which provides benefits and benefits to parents of disabled children.

Who is considered a disabled child?

The very definition of disability is fixed in Federal law(Article 1) “About social protection disabled people in the Russian Federation." It says: a disabled person is a person who has persistent impairments in any vital important functions of the body caused by injuries, past diseases or occurring from birth.

The activity of such a person is partially or completely limited, which consists of the inability to control his behavior, take care of himself, move without outside help, navigate in space, carry out independent labor activity or study. Persons falling under this category and under 18 years of age are defined as disabled children. A person can be recognized as disabled by designating medical and social examination, which is carried out by the relevant commission. Based on the degree of disorder, the disability group is determined.

The availability and procedure for providing benefits to parents of a disabled child do not depend on the group; it can only affect the amount cash payment due to him by law.

Unfortunately, today there are more than half a million disabled children registered in Russia, and it is quite difficult to raise them without the help of the state. That is why the legislation of the Russian Federation provides for several types of benefits: benefits for parents of disabled children at work, upon retirement, treatment, education, children’s health, and some others.

Relaxations for working parents

Of course, maintaining and caring for a sick child always involves costs, and many mothers (not to mention fathers) are simply forced to go to work. Hiring a nanny who knows how to deal with such children is not only very expensive, but also virtually impossible. In addition, not every parent is capable of leaving a child who requires special treatment with a stranger.

In connection with this, the Russian Labor Code provides for some special rights and labor benefits for parents of disabled children. For example, the law directly prohibits refusing employment based on the presence of unhealthy children, and this applies not only to mothers, but also to fathers, guardians or guardians of minors. When applying for a job, it is required to indicate the presence of children and their age, and it is not at all necessary to inform the employer about the presence of a disability. Of course, in order to apply for benefits, working parents of a disabled child will have to provide documents confirming this fact, but this can be done after official registration.

You should know that the law also prohibits the dismissal of employees who support disabled children (under 18 years of age) without the consent of the employee and at the initiative of the company, except in certain cases:

liquidation of the enterprise;
in connection with the end of the contract (fixed-term employment contract);
in case of malicious violation by an employee labor discipline(like regular lateness);
on the basis of an order for disciplinary action (or, as people say, “under an article”, say, for theft).

It is also prohibited to leave such employees to work overtime or send them on business trips without voluntary written consent.

A working parent has the right to additional leave “at his own expense” lasting fourteen calendar days, which can be used separately (at a time or in parts) or added to the next tariff. Also, one of the parents has the right to receive an additional four days off per month, and if both parents work, then these days can be divided between them at their request, and when only one is employed, they can be used individually. Payment for additional free days is made from the Social Security Fund.

To receive benefits, parents with a disabled child must provide the following documents:

statement;
a certificate confirming the presence of a disabled child in the family, as well as the fact that he is not on state support (for example, in a boarding school);
a certificate stating that the other parent did not take additional days off at his place of work (if he did, how much);
if one of the parents works “for himself” (is individual entrepreneur, notary, private bodyguard, etc.), then a certificate is required stating that he is a person who provides himself with work independently.

Attention! If the parent of a disabled child works part-time in two places, then he can get four extra paid days off at both places of work.

Among other things, employees with disabled children have the right to count on part-time work (a week) with wages according to the time worked.

Features of retirement

The next question we will examine is: “Are benefits provided for parents of disabled children upon retirement?” Of course. Mothers who raised such a child at least until they reached the age of 8 have the right to include this time in their work experience. Retirement age in this case, it is reduced to 50 years, provided that there is a work experience of 15 years. Based on article No. 28 FZ-173 “On labor pensions in Russian Federation“, the father is entitled to such a pension from the age of 55 and if he has 20 years of experience. However, only one parent can use this benefit.

Raising and training such children

The legislation of the Russian Federation also provides benefits for parents of disabled children related to their socialization, upbringing and education. For adolescents and children with developmental disorders, correctional educational units (classes, groups in kindergartens, etc.) are created, where proper care, treatment, social adaptation and integration into society are provided. Children can be sent to such institutions only with the written consent of their parents (guardians) based on the conclusion of the medical-pedagogical commission.

Benefits for parents with a disabled child are also provided in the case when he can attend educational institutions together with other children. For example, when a disabled child is enrolled in a kindergarten, parents are fully or partially (if the kindergarten is paid) exempt from paying for services, and also have the right to priority enrollment in a preschool institution.

If a disabled child cannot be in a group, parents can organize training in non-state institutions or at home, and also have the right to demand compensation for the costs associated with such training.

Sanatorium, medical and prosthetic and orthopedic services

Benefits for parents of disabled children also exist in the medical field. Obviously, such not very healthy guys often need very expensive medicines, therefore, some benefits in this area are provided for by law. According to Decree No. 890 of the Government of the Russian Federation, disabled children can receive free necessary medications according to your doctor's prescription. Free supply of prosthetic and orthopedic products is also provided, wheelchairs, and for items purchased in excess of the norm, a 70% discount is given.

Disabled children have the right to receive sanatorium voucher for yourself and one of the parents, while the accompanying person is entitled to sick leave for the entire period of the child’s treatment, including time spent on travel.

Using transport benefits

Benefits for parents of a disabled child and the transport sector were not spared. Such children are entitled to free travel on all types of public urban and suburban transport, excluding taxis, until they reach the age of 16. The persons accompanying them enjoy the same rights.

In the period from 1.10 to 15.05, disabled children, as well as one of the parents, are entitled to a fifty percent discount on the cost of travel by air, river, sea, rail and by car intercity traffic (excluding the number of trips). But in the period from May 16 to September 30, such a right is granted only once (round trip). Also annually free pass the child and his accompanying person for treatment and back.

Housing benefits

In order to slightly ease the burden of parents raising a disabled child, the state has provided measures designed to improve the living conditions of such families.

Listing the benefits for parents of disabled children regarding living conditions and payment for services, we can highlight the following:

families with disabled children are entitled to a discount of at least 50% when paying for housing maintenance services, rent (state and municipal funds), and subscription fees for use landline phone and others;
a 50% discount on the purchase of fuel materials if the house does not have central heating;
the possibility of priority acquisition of a plot of land for housing construction or farming or gardening;
the right to a separate room or an additional 10 square meters in the event that a disabled child is diagnosed with a disease included in the list established by Resolution No. 214 of the Government of the Russian Federation, and such living space cannot be considered excessive and must be paid in a single amount, taking into account all benefits ;
priority right to improve housing conditions, especially for children suffering from severe forms of mental and chronic diseases.

Tax benefits

For parents raising one or more disabled children, “discounts” are also provided in the field of taxation. Tax benefits parents of a disabled child are established by the Law of the Russian Federation “On income tax with individuals"and are provided on the basis of the following documents:

a medical certificate confirming the need for ongoing care;
decisions of guardianship and trusteeship authorities;
certificate of cohabitation, which is issued by the housing authority.

The total income for the taxable period is reduced by an amount not exceeding, for each full month during which the income was received, three times minimum size payment for the labor of a parent who supports a disabled child living with him who requires constant care. In this case, you must provide an appropriate certificate stating that the second parent did not take advantage of this benefit.

In accordance with paragraph 3 of Art. 210 of the Tax Code of the Russian Federation when calculating monthly wages a tax deduction of RUB 3,000 may be applied. for each disabled child under 18 years of age (student or full-time student, graduate student, intern, resident - up to 24 years old), if he is recognized as a disabled person of group I or II.

If a child is being raised by only one of the parents, the deduction is provided in a double amount, and after the latter marries, it returns to the original value. Also double tax deduction one of the parents can use it if the other refuses to receive it.

Social benefits

In addition to all of the above, there are also some benefits for parents raising a disabled child, mainly related to obtaining financial resources.

Thus, a parent who is able-bodied but forced not to work in connection with caring for such a child is entitled to monthly compensation amounting to 60% of the minimum wage determined by law.

The disabled child himself, until he reaches 18 years of age, is also assigned a monthly pension payment and bonuses provided for by the law of the Russian Federation “On State Pensions”.

Are there any benefits on the contrary?

It is interesting to note the fact that benefits for children whose parents are disabled also exist, although in much smaller quantities. For example, children whose parents are disabled people of the first and second groups are entitled to a discount of up to 100% on childcare costs. preschool. And for teenagers receiving higher or secondary special education V educational institutions contract form of training is provided with a discount of 40% of the payment. Once a year, children of disabled parents can also apply for a preferential health voucher.

In conclusion, I would like to note important point. Many people do not distinguish between the concepts of “disabled child” and “disabled since childhood,” which leads to various misunderstandings. After reaching the age of 18, a disabled child loses his status and becomes simply a “young disabled person.” When passing a medical examination to determine the disability group, the reason will be recorded - “Disabled since childhood,” since the disease that led to such consequences arose before reaching adulthood. So the benefits for parents of a child with a childhood disability (and for our relatives we are always children) are no longer as extensive as those that were provided until adulthood.

Having a disabled child in the family can create a lot of difficulties for parents. After all, he may require constant supervision, medical procedures, visiting rehabilitation and treatment centers. And all this takes time and, most importantly, money. The state provides a variety of support for people with disabilities, providing them with benefits and payments, but often they are simply not enough. This is the reason why the mother of a disabled child begins to look for work.

This is where the question arises: can an employee who has a disabled child in their care be fired? After all, he still needs care, and caring for a disabled person when they are threatened with removal from his position is very difficult. And will such an employee receive any benefits? We will talk about all this in our article.

Article of the Labor Code of the Russian Federation at number 81 considers all cases. In other words, it considers precisely those cases when an employee is fired against his will. As a rule, it is this article that interests mothers with disabled children.

The article itself has 14 points that describe the reasons for dismissal. But at the same time it does not indicate in any way to whom they apply and to whom they do not. All these restrictions and norms are distributed in other chapters. Since it doesn’t make much sense to list them all and describe them, we’ll answer right away - a woman with a child with any degree of disability can be fired only on several points of Article 81 of the Labor Code of the Russian Federation- minor violations of the contract cannot become grounds for removal from office. So, the reasons could be:

Numerous serious violations;
Mother's refusal in further cooperation

Dismissal of a mother with a disabled child due to violations

Every employee knows that his job imposes certain responsibilities on him. Arriving on time, getting along with colleagues, performing your duties efficiently and on time - every employee is required to do all this and much more. However, for an employee whose family has a disabled child, even such banal things can cause inconvenience, and quite significant ones at that. In this regard, the labor code prohibits the dismissal of mothers with disabled children on the basis of minor violations.

However, this does not mean that they cannot be deprived of their positions for minor violations. Systematic absence without reason, violation of industrial safety regulations, causing damage to the enterprise (including theft), violation of civil and labor rights other employees - all this may serve as grounds for dismissal. However, even here Labor Code very loyal, and therefore mothers with disabled children can count on some concessions.

Dismissal of an employee during liquidation of an enterprise

Another reason for removing an employee from her position may be the closure of the enterprise. Please note that This means the complete liquidation of the company, and not a reduction, closure of a branch or its sale to another person. Moreover, the dismissal operation itself will not greatly depend on whether the employee is caring for a disabled child or not.

First of all, you will need to provide written notice that the business is ceasing to operate. Next, you will need to sign the appropriate document stating that the notice was received and read. After this, the mother will only have to complete the deadline, receive payments (salaries, bonuses, compensation, etc.) and the entire package of documents that was kept by the employer.

Dismissal of a mother with a disabled child during layoffs

Reduction (i.e. elimination of jobs), according to law cannot become a reason for an employee with a disabled child to be fired. However, what to do if the old position is no longer needed?

The answer is simple - the employer must in the near future either provide the employee with a new position in the old place, or a similar position in another workplace. He simply does not have the right to fire her.

The translation process itself is very simple:

The employee is given a letter, in which the reduction is reported;
The employee contacts the HR department and receives a list of positions and places, to which it can be transferred;
The employee chooses a place of work and a transfer order is issued for her.

It is at the stage of determining a new place and working conditions that a mother may encounter difficulties. After all, some positions require relocation, advanced training, or something else that the employee is not ready for. In this case, they may offer her. Only in this way will she be able to be fired during a layoff - with her own written statement.

What to do if the employer fired you illegally?

In this case, the mother can act in three different ways:

Resolve the issue peacefully with the employer;
Contact ;
File a lawsuit.

In the first case you will need contact the management of the organization, and not the HR department. The mother will need to find out the reason for the dismissal and confirm the fact that she has a disabled child with appropriate documents. If an error occurs, the manager will be obliged to cancel the order. If there was no mistake, then the employer, and this is worth fighting.

The next option to protect your interests is to do this in person at the nearest branch, by writing a letter or filling out a complaint form on the website of the Labor Inspectorate itself. After the appeal, the Inspectorate will be obliged to conduct an investigation. If she discovers a violation, then will oblige the employer to reinstate the employee at work and pay compensation.

The last, and at the same time the most effective way to achieve justice - go to court. This will require submit statement of claim standard sample and enlist the support of an experienced lawyer. A claim is different from a complaint in Labor inspection the fact that the mother will be able to demand not only reinstatement at work, but also payment of additional compensation.

What other privileges does a mother with a disabled child receive at work?

In fact, a mother with a child, apart from the ban on dismissal in some cases, is not entitled to any special concessions. They are not paid any bonuses or benefits, and the employer is not obliged to increase their salaries. However, there are three things that a mother can demand:

Increasing the number of days for time off (4 per month);
Opportunity choose your own date vacations;
Opportunity receive vouchers to resorts and sanatoriums from the employer out of turn.

In addition, the mother of a disabled child cannot be required to work overtime or on weekends, or to work at night. Apart from this, the employee has nothing to count on.

What rules apply to the father of a child with a disability?

According to the laws of the Russian Federation, the same privileges will apply to the father of the child as to the mother of the child. But they will only act if he is the only breadwinner or the child for some reason does not have a mother.

However, a father with a disabled child in practice has fewer privileges than a woman. This is one of those cases when the law is at odds with reality- the father may be fired for minor violations, and his benefits when receiving leave may be limited. Therefore, although the law essentially puts the father and mother of a disabled child on the same level, in reality everything will depend entirely on the loyalty of the employer.

Since more than 600,000 children with disabilities live on the territory of the Russian Federation, the Government was forced to establish additional guarantees for them. It's about about all kinds of compensation, benefits, benefits. In addition, labor benefits are provided to parents of disabled children, who must not only provide for the child with increased needs everything necessary, but also to work and care for it.

Labor benefits for parents of disabled children in employment

When a child's mother, single father, single mother, guardian or custodian of a minor child seeks employment, he is not required to notify the potential employer that he has a child with disabilities health. In any case, a person cannot be denied employment on the sole basis that he has children.

When a citizen gets a job, he can present the medical and social examination report to his boss or the personnel department so that they can make a copy, keep it and promptly provide the employee with all the benefits he is entitled to in connection with raising a disabled child. This will continue until the ITU conclusion expires, until the child is recognized as disabled, until the disability is lifted, or until the child reaches adulthood.

Labor benefits for parents of disabled children in the form of additional days off and vacation days

To ensure that the mother or father (or legal representative) of a child with a disability has the opportunity to care for a sick child, one of them is given an additional 4 days of rest within 30 days.

Weekends can be taken only by the mother, or only by the father, or alternate between them according to any scheme. The main thing is that in total both parents are not given more than 4 additional days off per month.

If one of the parents is officially employed, and the other devotes himself to caring for a disabled person or simply cannot find work, all weekends can be used by a working family member. Days off will not be granted automatically - you will have to submit documents and write an application.

Labor benefits for parents of disabled children regarding sick days

If a parent was forced to care for a sick disabled child or stay with him in a hospital, the sick leave period will be paid in full (no more than 120 calendar days per year for one child).

Working conditions and working hours A parent of a minor child with a disability may ask to work part-time or part-time working week

. By joint decision with the employer, the following may be reduced:
number of working hours and days per week (combination of modes); number working days in Week ();
less than a week

number of working hours (part-time or shift). Registration of travel allowances, overnight assignments or, sending an employee to work on a rotational basis, calling on holidays and weekends can only be done with the written consent of the parent of the disabled person.

Restrictions on dismissal of parents of disabled children

If there is a reduction in staff at an enterprise, parents of children with disabilities are subject to dismissal last resort. Such employees can be dismissed only in case of complete liquidation of the company, in case of systematic violations of labor discipline or in case of a one-time serious violation by the employee.

Where to apply for payment for additional days off

Payment for additional days off for the father and/or mother of a disabled child is made from the Fund’s budget social insurance RF. But the application and documents must be submitted to the personnel department at the place of work or directly to the head of the enterprise - he will pay additional non-working days at his own expense, and then receive compensation from the Social Insurance Fund.

The FSS does not have the right to refuse additional 4 days off per month based on the fact that the person works part-time and uses the days off at another place of work.

What documents will be needed to receive additional paid days off?

All documents must be provided at the place of work every month, except for the child’s birth certificate and conclusion medical commission– it is enough to present these papers once a year.

To be able to be released from work for 4 days in addition to standard days off, the parent of a child with a disability must prepare the following set of documents:

Document	Where to get it
Application for additional paid days off to care for a disabled child	In free form
Child's birth certificate	Civil registry offices
Certificate stating that the disabled child has not been sent to a specialized institution (boarding school, for example)	USZN
Certificate of registration of the second parent as an individual entrepreneur (if the mother or father of the child is an individual entrepreneur, he is not entitled to additional days off)	Federal Tax Service of the Russian Federation
Photocopy work book, certificate of registration with the Employment Center (if the second parent is not employed)	Employment Service
A certificate from the second parent’s place of work confirming that he did not take additional days off in the current month (if the mother or father is employed)	From the second parent's place of work
Certificate of divorce (instead of a certificate from the second parent’s place of work)	Civil registry offices
Death certificate of the second parent (instead of a certificate from the place of work)	Civil registry offices
Certificate of maintenance of the second parent in prison (instead of a certificate from work)	From a correctional facility
Court decision to deprive the second parent of parental rights (instead of a certificate from work)	Court Clerk

Legislative acts on the topic

Common mistakes

Error: The employee presented the ITU conclusion when applying for employment, and the employer found a reason not to accept him into the team.