What benefits does the mother of a disabled child have? What benefits are granted to the mother of a disabled child?

Labor benefits

If a child with a disability is not yet 16 years old, his mother can work part-time or a week, and payment is proportional to the hours worked.

She is also entitled to 4 additional days off per month (can be shared with the other parent of a child under 18 years of age).

The mother of a disabled child has the right to refuse overtime work and business trips. Employers have no right not to hire her workplace or reduce wages due to the presence of a child with a disability.

If you are a single mother of a disabled child, you cannot be fired unless the company is liquidated. But at the same time they are obliged to employ you.

Pension benefits

Monthly payments to the mother, if she does not work and takes care of a disabled child, are 60% of the minimum wage.

You can retire at age 50 if you raised a child with a disability for up to eight years and your work experience is at least 15 years. This also includes child care time.

Housing benefits

The mother of a child with a disability can count on priority housing. Particular priority is given to persons in need of improved housing conditions and who have severe forms chronic diseases such as mental disorders, organic lesions Central nervous system with dysfunction of the limbs and pelvic organs (cerebral palsy, traumatic brain injury, spinal injuries, multiple sclerosis and so on.).

You can get a separate room or 10 sq.m. above the norm for a disabled child if he has one of the diseases included in a special list. In this case, the additional area is paid not as excess, but in a single amount.

Benefits are provided - a 50% discount on rent, which also applies to utilities. In addition, families with disabled people are given dacha plots first.

Benefits for child treatment

Your child can receive free prescription medications, prosthetic and orthopedic products, bicycles and wheelchairs.

The child and mother as an accompanying person are entitled to free trip to the sanatorium. If you work, you are required to issue a certificate of temporary incapacity for work to care for a disabled child.

Benefits in kindergarten and school

If a child cannot attend a regular kindergarten for health reasons, he will be sent to a special preschool. To the garden general type must be accepted without queue. If the baby, according to the doctor’s opinion, has mental or mental disorders physical development, the mother may be exempt from paying for the day care.

Education of disabled children, in addition to regular schools (special classes), is possible at home and in non-state educational institutions. They can be sent there only with the consent of their parents based on the conclusion of the psychological, pedagogical and medical-pedagogical commissions.

Tax benefits

A family has the right to a reduction in income by an amount not exceeding for each month three times the minimum wage of one of the parents if he lives with and supports a disabled child who requires care.

Transport benefits

Together with disabled children, their accompanying persons (no more than one person) enjoy the right to free travel on all types of public transport, except taxis. They also receive a 50% discount on fares on intercity air, rail, river and road transport from October 1 to May 15 and once (round trip) in the summer.

A mother can also travel with a disabled child free of charge once a year to the place of treatment (sanatorium). Travel on suburban and intercity intraregional buses to the place of treatment and examination of the child is also free for the mother.

What assistance do disabled children and childhood disabled people receive from the state?

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Housing benefits

Benefits for traveling on public transport

Children with disabilities, as well as those accompanying them, receive the right to free use of public transport running on city and suburban routes.

The state provides disabled children with free pass to the place of treatment and rehabilitation. The possibility of free travel exists for both parents and social workers, but only when their accompaniment is required by a disabled person of group 1.

In addition, disabled children of groups 1 and 2 and disabled children receive a discount of up to 50% on travel by air, river or railway transport between October and May. The discount is provided once a year in any selected period.

To receive benefits, you must present your pension certificate when purchasing a ticket. For relatives, social care authorities issue a special certificate.

This benefit does not apply to taxis.

Sphere of training and rehabilitation

Tax benefits

The Tax Code provides a number of benefits for parents or guardians of a disabled child:

Monthly personal income tax deduction from wages parents (in the amount of 3,000 rubles for each parent, or in the amount of 6,000 rubles for a parent raising a child alone).
Other deductions, for example, to pay for treatment.
Exemption of a child from property tax.

Dear readers!

We describe typical solutions legal issues, but each case is unique and requires individual legal assistance.

In Russia, more than 600 thousand children are disabled. Our article will help you understand what guarantees and benefits are provided to parents of disabled people in order to act competently in any situation.

Employment (hiring)

The Labor Code directly prohibits an employer from refusing to hire women for reasons related to the presence of children, regardless of whether they are disabled or not (part three of Article 64 of the Labor Code of the Russian Federation). This rule also applies to fathers raising children without a mother, guardians and trustees of minors (Article 264 of the Labor Code of the Russian Federation). When applying for a job, an employee is required to present to the employer a number of mandatory documents, but he is not obliged to inform the company about the state of health of his child (Article 65 of the Labor Code of the Russian Federation).

Labor legislation provides for a number of benefits and guarantees for employees raising disabled children. In order to use them, the employee must present the child’s birth certificate and documents confirming his disability. Depending on the degree of disorder of body functions and limitations of life activity, children under 18 years of age are assigned the category “disabled child” (Part 3 of Article 1 Federal Law dated November 24, 1995 No. 181-FZ, hereinafter referred to as Law No. 181-FZ)

To confirm the child’s disability, the employee must provide the employer with a certificate in the established form with the decision medical and social examination– ITU (Appendix No. 1 to the order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n). Disability can be established for a period of one year, two years or until the child reaches the age of 18 years. The specific deadline is indicated in the ITU certificate. Re-examination of children is carried out once during the period for which the child is diagnosed with a disability. Therefore, if the previous certificate has expired and the parents of a disabled child have not submitted a new ITU certificate, they are not provided with benefits at the place of work.

Documents confirming the assignment of disability (certificate, examination report, etc.) must be kept in the employee’s hands; the employer can only keep copies of these documents.

Additional days off and holidays

One of the parents (guardian, trustee) to care for a disabled child, upon his written application, is provided with four additional paid days off per month (Article 262 of the Labor Code of the Russian Federation). Their payment is made at the expense of the Federal Social Insurance Fund of Russia. These days can be used by one of the parents or divided between them at their discretion. For example, this month the mother takes the day off, and the next the father takes the day off, or during the month the mother takes three days off and the child’s father takes one. If one of the parents does not work, the employed parent has the right to use all four days. To provide benefits, a parent of a disabled child must submit an application and submit a number of documents.

Document	How often does it seem
Child's birth certificate
A certificate from the social protection authority about the child’s disability indicating that the child is not kept in a specialized institution children's institution(for example in a boarding school)	Once a year
Employee statement	Monthly
A certificate from the second parent’s place of work stating that they did not use paid days off during the corresponding calendar month. A certificate from the second parent’s place of work is not required if there is a divorce certificate, a death certificate of the second parent, or a court decision on the deprivation of the second parent parental rights or a document confirming that he is in prison	Monthly
In the absence of a certificate from the place of work of the second parent - a document confirming that the second parent does not work (copy work book etc.) or is a person who independently provides himself with work (certificate of registration as individual entrepreneur etc.), which is not entitled to take advantage of the specified benefit	Monthly

After considering the employee’s application and the attached documents, the employer needs to issue an order to provide additional days of rest.

Additional days off not used in the current one calendar month, are not carried over to the next month and are not compensated with money. If there are two or more disabled children in a family, the number of days off does not increase.

A collective agreement for parents raising disabled children may establish annual additional leaves without pay at a time convenient for them, lasting up to 14 days. calendar days(Article 263 of the Labor Code of the Russian Federation). The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately. Transferring vacation to the next working year is not allowed.

Important!

Regional branches of the Federal Social Insurance Fund of Russia often refuse to pay additional days off to part-time workers, citing the fact that they have already received the payment at their main place of work. However, the law says that part-time workers in such a situation have the right to enjoy all the guarantees provided for labor legislation(Part two of Article 287 of the Labor Code of the Russian Federation).

Therefore, four additional days off per month should be provided to a part-time worker who cares for a disabled child (Article 262 of the Labor Code of the Russian Federation). If a company violates this rule, it faces a fine of 30,000 to 50,000 rubles or suspension of activities for up to 90 days (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Sick leave

Sick leave when it is necessary to care for a sick disabled child under 15 years of age is paid for the entire period outpatient treatment or staying together with a child in a hospital treatment facility. At the same time, a limitation has been introduced on the total duration of such periods - no more than 120 calendar days in the current year for all cases of caring for this child (clause 3, part 5, article 6 of the Federal Law of December 29, 2006 No. 255-FZ).

The Supreme Court of the Russian Federation in the Decision of April 17, 2013 No. AKPI13-178 canceled the effect of paragraph 4 of paragraph 35 of the Procedure for issuing certificates of incapacity for work ( approved by order Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n). This norm linked the payment of sick leave while caring for a child in an inpatient medical institution with acute illness or exacerbation of a chronic disease. A certificate of incapacity for work is issued and paid to employees in all cases of being in a hospital with a child.

Working conditions (features of working hours)

When concluding an employment contract, at the request of an employee who has a disabled child under the age of 18, he may be assigned a part-time working day (shift) or part-time work. work week(part one of Article 93 of the Labor Code of the Russian Federation, Article 264 of the Labor Code of the Russian Federation). In this case, it can be shortened (clause 8 of the Regulations, approved by the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51, hereinafter referred to as the Regulations):

– number of working hours (part-time or shift);

– number of working days per week (partial working week, for example from Monday to Thursday);

– number of hours per day and working days per week (combination of part-time working hours).

If a woman’s working day exceeds 4 hours, she must be given a break for rest and food (clause 9 of the Regulations).

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation length of service and other labor rights.

Incomplete work time may be established for an employee raising a disabled child, and when an employment contract has already been concluded with him. In this case, the employee must write a statement and indicate the required work schedule. After consideration of the application by the head of the organization, it is necessary to conclude with the employee additional agreement to the employment contract and issue a corresponding order.

Direction to business trips, involvement in overtime work, work at night, on weekends and non-working days holidays is possible only with the written consent of an employee who has a disabled child (Article 259 of the Labor Code of the Russian Federation). In this case, the employee must be in writing is aware of his right to refuse this type of work.

It is advisable to keep a log of employees for whom benefits and additional guarantees are provided. It must indicate the type of guarantees provided and the duration of the benefit (for example, the date the disability ends or the date the child reaches 18 years of age). This will facilitate the work of the personnel department when considering issues related to involving employees in overtime work, sending them on business trips, dismissal, etc.

Probably the worst thing for families with disabled children is to be left alone with their misfortune.

Categories of benefits provided to families with disabled children

The state helps families with disabled children. For this purpose, it was introduced a large number of subsidies. All benefits provided to such families are conditionally divided into a number of groups:

Pension subsidies. The law approves three main benefits in this area:

Establishment of a social pension and corresponding additional payments to it.
Payments to unemployed people who care for a disabled child. They make up sixty percent of the minimum wage. This is due to the inability to work because of the child.
The mother of a disabled person, who raised him until the age of eight, receives the right to retire early, at age fifty. But, at the same time, she must have at least fifteen years of work experience.

The pension amount can be increased at the regional level. But a reduction in this size is not allowed.

Benefits for mothers of disabled children under the labor code. Such subsidies are regulated by law:

The parent of a disabled child has the right to take four additional days of rest per month, and this is paid time.
A person raising a disabled child is entitled to additional unpaid leave. It is fourteen days per year. It can be taken annually.
The parent of a disabled child has the right to work part-time.
People raising a disabled child have the opportunity to refuse business trips and work on weekends or holidays.

A person applying for the above benefits must write an application at work and provide paper confirming the fact of raising a disabled child. It is also necessary to bring a statement indicating that the other parent has not used these benefits during the year.

The exception is business trips and work on weekends. Such benefits can be provided to both parents at the same time.

Housing subsidies. In accordance with the law, families with disabled children can count on the following subsidies:

Allocation of housing if the family is registered as low-income.
Subsidy for half of the payment for utility bills and rent, in case of renting housing.
Free allocation of land plots.

Such families are provided with housing, in larger squares established norm. To use the above, you need to contact the administration of your region of residence.

Subsidies for the use of transport. Disabled children, their parents and guardians have the right to use the following state and regional benefits:

Free travel on public transport. This benefit is used by the child and the person accompanying him. In this case, you must provide identification and a document that confirms your identity. A parent and guardian can also use the subsidy by providing: a special certificate and a passport.
Starting from October 1 and ending on May 15, such children are given a fifty percent discount when purchasing a ticket for an intercity flight by any vehicle. It is possible to purchase a ticket with this discount and other dates, but only once a year.
Once a year there is an opportunity to travel to and from the place of treatment free of charge. An accompanying person can also count on free travel.

Deduction when calculating income tax individuals(NDFL). Not all people know that for every child of a disabled person up to the age of eighteen, or a full-time student up to the age of twenty-four, such a benefit is provided. Only a working parent or adoptive parent can use it.

It allows you to increase your take-home pay. In fact, a deduction is the amount that is subtracted from total income. And only after that the personal income tax is calculated.

The amount of such benefit is determined as follows:

for a parent or adoptive parent - 12,000 rubles
a guardian and foster parent can take advantage of a deduction equal to 6,000 rubles

The amounts of tax deductions are established by law. That is, their size may change.

This benefit has its own design nuances:

Provided by the employer based on the employee’s application.
It is independent of other benefits.
Issued annually, before the end of the reporting period.
When a child is raised by one parent, the benefit is double.

Benefits for travel to the place of treatment

Starting from 2016, such a deduction is provided for up to a month until the total income of the parent reaches three hundred fifty thousand rubles.

After this threshold, the benefit does not apply.

Its resumption will take place from the beginning of next year.

Benefits for mothers of children with disabilities from childhood for education and training.

If a child has passed the entrance exams, he is enrolled without taking into account the competition of certificates. But when it has no contraindications medical commission.

When a disabled person from childhood enters a university, he has the following benefits:

A chance to enter the free faculty without exams.
He will be accepted into educational institution upon successful passing of the exams.
Has advantages in case of disputed points.
Provided free education in preparatory courses for entering a university.

You should be careful when choosing an educational institution, since such benefits are provided only once.

To enter an educational institution, the following documents must be provided to the dean's office:

The established sample application.
Passport or other identification document.
Documentation indicating the presence of a disability.
Certificate from the medical commission confirming the fact of disability.
A certificate confirming the absence of contraindications to study in such educational institutions.
For younger children, conditions are created to stay in preschool organizations on preferential terms. If the child medical indications cannot attend a general preschool institution; he must be provided with a stay in a specialized institution.
Another benefit is exemption from preschool institutions.
The right is granted to raise children at home and in non-state special institutions with reimbursement of costs. The benefit is given to parents and adoptive parents of disabled children.
For the education of disabled children with significant deviations, special correctional free organizations are created. They help with treatment, education and social adaptation children.
Benefit according to medical care. The legislation of our country guarantees the possibility of rehabilitation for disabled children.
The state provides children with disabilities means and services according to a certain list free of charge. This list includes: wheelchairs, crutches, as well as their repair. General list contains twenty-six titles.
Every parent of a disabled child should know that their children can receive medical care at any level throughout the country. This includes: sanatorium, therapeutic and surgical treatment.
A child with a disability and his accompanying person are given free vouchers to the sanatorium. Travel is also paid for by the state for both.

A mother who is raising a disabled child alone can enjoy all the benefits and guarantees established for a single parent. Absolutely all categories of subsidies help parents and guardians of children provide them with everything they need.

Almost all benefits are issued through social protection or multifunctional centers (MFC). Each of them requires separate registration, as well as the submission of its own package of documentation.

You can watch the video about the rights and benefits of parents of disabled children:

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