Caring for a child with a disabled person of the 1st group documents. Disability care allowance
Modern Russian legislation is actively addressing issues related to improving the living conditions of citizens with disabilities. This category of people cannot independently provide for themselves. comfortable conditions. The state has established monthly payments to them. Representatives of state structures also took care of their trustees. also paid monthly. The procedure for their registration and all sorts of nuances associated with payments will be considered in the following material.
Disabled people of the first group are considered incompetent (mentally or physically) citizens, whose capabilities differ from the standard by more than 80 percent. Full life such people is very limited. They cannot take care of themselves, so people with disabilities need caregivers. Most often, guardians are close relatives living together in the same territory. Individuals without blood ties may become trustees. The state will not interfere with this, but relatives are a priority.
It's one thing to take care of people handicapped and the other is to receive benefits for it. Making monthly payments requires certain conditions. The criteria for guardianship are as follows:
- coming of age;
- lack of stories with deprivation of parental rights;
- full legal capacity (mental and physical);
- not be formally employed. Patient care requires a 24-hour presence;
- lack of additional benefits (labor, military, social pensions,);
- no criminal record.
If the trustee gets a job or begins to receive a pension, he must inform the Pension Fund about this within five working days. Refusal to act is equated with an illegal act. He will need to return the social benefits received since the registration of new ones. The trustee signs a waiver document from the monetary allowance for the care of a disabled person of the first group. Additional earnings for guardians are not provided. State benefits are aimed at compensating for labor earnings.
You should be eligible for benefits if:
- the disabled person of the first category is 80 years old;
- the guardian will provide full care;
- a disabled person is a minor citizen;
- A citizen with a disability needs round-the-clock supervision.
The main advantage for obtaining the status of a guardian is the presence of close family ties and residence in the same territory. Parents of children with disabilities are primarily considered as trustees. The absence of relatives, others who want to take care of a citizen with disabilities complicates the process. In this case, and also if the patient needs special medical care, specialized institutions may be appointed guardians.
Required documents
It will be possible to issue benefits for caring for a disabled person of group 1 only through Pension Fund. The procedure requires patience, because you first need to collect a package of documentation:
- a statement written by the prospective guardian. Filling is done in any form;
- a certificate from the Fund confirming the absence of third-party government payments;
- medical opinion and separately from the attending physician. He must confirm the need for constant care;
- a document confirming the first category of disability;
- passports, work books of both parties;
- a medical report on the condition of the guardian, allowing him to look after the disabled person;
- an extract indicating that there were no care allowances until that time;
- the consent of the incapacitated citizen in writing.
If a minor (from 14 years of age) becomes a guardian, then a certificate from the parents, the educational institution will be required. The procedure for caring for a patient should occupy a free from educational process time. The absence of family ties between the trustee and the disabled person will require an additional certificate from close relatives.
The procedure for considering the application and confirming the verdict takes two weeks. After checking the documentation package, a person who wants to acquire the status of a guardian is called to the department of social protection. He is given a conclusion, assigned a new position
The amount of payments and types of benefits
Benefits for guardians of disabled people of the 1st group are established at the federal level. The amount of monthly benefits (except for the region) is influenced by some factors, the amounts vary:
- payments to a non-working parent caring for a disabled child range from 5,500 rubles;
- the generally established one is 1500 (since 2017).
Benefits for trustees may vary by region. The state has the right to provide:
- 50% discount on utility bills;
- the right to use the property of a sick citizen;
- free Spa treatment once a year;
- transport tax cuts;
- labor of young children with disabilities who have not reached the age of eight;
- free use of public transport;
- reduction of land, the abolition of property tax.
If more than one disabled person of the 1st group is dependent, then the payments are summed up. Guardians looking after own child, upon divorce, alimony is obligatory.
Table showing the amount of benefits, depending on the type of disability:
Categories are reviewed every two years. After this period, the documents are collected in the same order, re-passed medical board. In addition to state pensions, disabled people without work experience or children with disabilities of the 1st category are entitled to social payments. Payments are monthly, the amount is calculated based on the district coefficient. The allowance starts from 3500 rubles.
An important aspect of the official paid care of the sick is the inclusion of the period of supervision in the total length of service. A mandatory item is the presence of entries in the book before or after guardianship.
Care for children
Citizens in Russia who arrange guardianship for a child who have received a disability since childhood or congenital pathologies should be aware of the procedure. Cash benefits are available to any person. The amount of the social benefit depends on the status of the caregiver.
The state provides maximum financial support to parents or persons who have obtained such rights. The amount of monetary benefits for them is 60% of the minimum wage. It depends on the regional coefficient. The amount of the allowance starts from 5500 rubles. Other citizens are entitled to a mandatory pension of 1500. If other relatives (grandparents, sisters, brothers, aunts) take care of a disabled child, then cash payments will be only one and a half thousand.
Conclusion
IN Russian Federation guardians of disabled people of the first group are entitled to social and financial benefits. Only citizens will be able to receive monthly funding without official employment and additional state payments. The procedure for obtaining guardianship will require a significant amount of time. The main stage of the process is the collection of the necessary documentation package. However, caring for the sick will require constant presence next to him. In addition to low, the guardian does not have to rely on other earnings.
received
fee 60%
Hello Ekaterina!
The legislation provides only a benefit in the amount of 1200 rubles, if a person is caring for a disabled person of group 1.
Decree of the President of the Russian Federation of May 13, 2008 N 774 "On additional measures social support persons caring for disabled citizens"
1. Amend Decree of the President of the Russian Federation of December 26, 2006 N 1455 “On compensation payments to persons caring for disabled citizens” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2007, N 1, art. 201) amended by setting out paragraph 1 in the following editions:
"1. Establish from July 1, 2008, monthly compensation payments in the amount of 1,200 rubles to non-working able-bodied persons caring for a disabled person of group I, a disabled child under the age of 18, as well as for an elderly person who needs a conclusion medical institution in permanent outside care or who have reached the age of 80 (hereinafter referred to as compensation payments).
Compensatory payments are established to one non-working able-bodied person in respect of each specified disabled citizen for the period of care for him.
To receive payments to an unemployed able-bodied citizen caring for disabled citizen you will need the following documents:
1. Statement of caregiver (indicate date of commencement of care and place of residence)
2. application of a disabled citizen for consent to care for him by this person. If a certified signature of a disabled person is required, then the corresponding branch of the PFR, which pays a pension to a disabled person, can confirm the signature. If a person is caring for a disabled child or an incapacitated person, then the signature of the legal representative of the disabled citizen (parent, guardian, trustee, other legal representative) must be contained. A disabled person who has reached the age of 14 can apply on his own behalf.
3. a certificate from the body that pays the pension at the place of residence or place of stay of the person providing care, confirming that the pension was not assigned to this person;
4. certificate (information) of the employment service authority at the place of residence of the caregiver, on his non-receipt of unemployment benefits;
5. an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal government agency medical and social expertise to the body that pays the pension; 6. medical report on the recognition of a child under the age of 18 as a disabled person;
7. conclusion of a medical institution on the need for an elderly citizen in constant outside care;
8. an identity document, and employment history caregiver, as well as the work book of a disabled citizen;
9. permission (consent) of one of the parents (trustee) and the guardianship and guardianship authority to care for a disabled citizen, a student who has reached the age of 14, in his free time from study;
10. reference educational institution, confirming the fact of full-time training of the caregiver;
11. certificate (information) about non-appointment compensation payment for caring for a disabled citizen who is a recipient of a pension in accordance with the Law of the Russian Federation "On pension provision persons who have passed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling the turnover drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” and an old-age labor pension issued by the body that pays the corresponding pension.”
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Group 1 disabled people special category populations in need of constant care. This degree of disability is assigned to people who have deviations in health status by 80-90%, respectively, they are unable to provide themselves with full-fledged care on their own. In our state, a guardian is appointed for this category of the population, who has the right to certain benefits and benefits. Consider how to arrange care for a disabled person of group 1, who can become one, what documents will be required.
Who can become a guardian
First of all, it is worth noting the fact that payments for the care of disabled citizens are due to absolutely all guardians who do not receive wages And social payment by old age. And it doesn't matter age category disabled person and his family ties with the guardian. This is regulated by a decree of the President of the Russian Federation back in 2008.
If he talks about the requirements for a guardian, then the main one is that he must be able to work, but at the same time not have a permanent source of income and pension payments. That is, in order for a person who has assumed the responsibility of caring for a disabled person to receive a state payment, he must be unemployed. It is worth explaining a little here, if the guardian has a stable source of income or a pension, then he does not need state support. Otherwise, a double payment will be made to him, which, in accordance with the presidential decree, should not be.
Please note that if in the process of caring for a disabled person, his guardian goes to work or retires, he is obliged to notify the pension fund of Russia about this so that the assigned payment is cancelled.
By the way, if for some reason he did not do this, then his actions can be regarded as fraud. He may be prosecuted and ordered to return the funds overpaid to him. By law, the guardian must notify government bodies no later than 5 days before the next payment is received.
Disability care allowance
To begin with, it is worth considering the fact that one guardian can simultaneously care for several persons declared insolvent for health reasons. For each ward, a payment determined by law is due. The allowance for caring for a disabled person of group 1 is paid by the pension fund of the Russian Federation and is assigned as follows:
- 5500 rubles for a parent and an adoptive parent (a child with a disability and a disability since childhood);
- 1200 if guardianship is taken over by third parties.
Thus, only parents or adoptive parents of children with disabilities and disabled since childhood have the right to receive a similarity in the amount of 5,500 rubles. Guardians and custodians who are not members of the ward in family ties, are only entitled to a subsidy of 1200 rubles. As mentioned earlier, if there are several wards, then compensation is due for each of them, and the fact of cohabitation does not play any role here.
Please note that if a citizen with disabilities cannot find a guardian, then for him the state provides an employee from social services who will provide care completely free of charge.
It is worth a little clarification here that payments are assigned only to those guardians and trustees who care for people with disabilities. For example, these include the disabled of the first group, the elderly over 80 years old, children with disabilities, and elderly citizens in need of care. In addition, if after 80 years old man in a position to independently provide for his life, which means that he does not need guardianship. The same applies to older people, if they have not yet reached the age of 80, but need guardianship, then their guardian can claim compensation payment after the conclusion of a medical specialist.
Grounds for the appointment of compensation payments
First of all, citizens of working age can apply for subsidies from the state. By the law of our country start labor activity may be a teenager from 14 years of age, provided that he receives the permission of one of the parents. In this case, a teenager over 14 years of age with the permission of one of the parents can act as a guardian or trustee and at the same time receive a compensation payment. From the age of 16, parental permission is not required, among other things, with the onset of the age of sixteen, a citizen can be recognized by a court as fully capable (emancipated).
Please note that if a teenager is caring for a disabled person of group 1, while he receives a scholarship, he can still count on compensation.
Cannot apply for grants individual entrepreneurs, hired workers employment contract, the unemployed, registered with the employment center and receiving unemployment benefits, recipients of pension payments, including old age. As for students of higher educational institutions, then their employment is not considered to be labor, and the presence of a scholarship is not a basis for refusing compensation payments for the care of citizens with disabilities.
The amount of the compensation payment
In fact, a benefit in the amount of 1,200 rubles is the amount that does not correspond to the subsistence minimum and cannot cover all the needs of a person. But often the situation develops in such a way that a guardian receives additional payment for his work from relatives of a disabled person or other sources. As already mentioned, if a volunteer could not be found, then it is provided by the state in the person of a social worker free of charge.
Recall that if a close relative is caring for them, for example, a mother looking after her child, or, conversely, a child looking after elderly parents, then they can count on an allowance in the amount of 5,500 rubles. This amount is indicated without taking into account the disability pension, and other payments that are due to a disabled citizen. The additional payment for the care of a disabled person of the 1st group is accrued together with the social allowance received by the ward. By the way, oddly enough, but this payment is not subject to indexation, in accordance with the current legislation, that is, it is fixed, but can be increased by a regional coefficient.
Grant process
In fact, the subsidy for the care of a disabled person is received directly by him, further cash transferred to the guardian or custodian on the basis of mutual agreement. As a rule, a person who has assumed the obligation to care for a disabled citizen receives an additional payment for his activity.
However, the registration of care for a disabled person of group 1 is documented by the guardian together with his ward. As for the deadline for submitting an application, this can be done no earlier than the date of the right to a subsidy. That is, in fact, you can apply for an appointment and payment no earlier than the date when the right to compensation occurs.
Sample letter for guardian
To do this, you need to collect a certain package of documents:
- passports of applicants: guardian, custodian and ward;
- a work book of a guardian or trustee with a mark of dismissal, a certificate from the employment center stating that he is registered and does not receive unemployment benefits;
- certificate from medical institution that a citizen (ward) needs guardianship;
- extract and conclusions of the commission on assigning the status of a disabled person of the 1st group;
- if the care will be carried out by a minor, then written permission in any form of the parents or legal representative or representative of the guardianship and guardianship authorities will be required;
- to care for disabled children, you need a birth certificate or adoption, a court decision on adoption.
Among other things, a statement is required from the guardian or trustee, it can be written directly to the PFR department. The client will only need written consent. free form. If, due to the state of health, the ward is unable to submit an application on his own, then employees can accept the signature of his consent at home. By the way, in order to receive compensation in the near future, you can submit an application, then within three months all the certificates.
Features of the payment of benefits
To begin with, it is worth considering the fact that payments are made monthly starting from the time the application was submitted. But, further, consideration of all documents for a positive or negative decision will be carried out after the provision of all information. Termination of payment occurs from the moment of the death of the ward, the start of work of the guardian, the actual termination of care for the ward.
As for the length of service, at the time of his disability associated with caring for a disabled person, at that moment he does not stop. Among other things, for each year will receive an IPC in the amount of 1.8 units.
To summarize, the amount of the disability care allowance will not be able to cover all the needs of the guardian. However, in most cases, payment for services is carried out directly by relatives of the disabled person or by himself. In addition, being a guardian does not mean cohabitation with him, although this is a strictly individual issue, it does not in any way affect the fact of compensation.
Disabled people of the 2nd group need additional care from third parties, since they are limited in their capacity. Caregivers, on the other hand, are entitled to apply for benefits. This measure allows you to compensate for the lack of opportunities to fully work.
general information
Care for a disabled person of the 2nd group, the allowance for which is established at the regional level, is paid to the one who actually cares for the disabled person.
At the same time, a citizen does not have to be a family member or relative of a disabled person. If the disabled person has no relatives or a guardian has been appointed by the court, then it is the guardian who is entitled to receive benefits.
The guardian of a disabled person may be a complete stranger.
This care includes:
- permanent residence with limited legal capacity in one locality;
- inability to be employed.
Payout amount
Legislatively, a citizen caring for a disabled person of group 2 is not entitled to receive benefits. However, if the disability group is equal to 1 for the disease, then payments are due.
For example, if a person is caring for a citizen who has diseases visual organs do not allow him to serve himself on his own, but at the same time the first disability group has not yet been assigned (there is no complete loss of vision), then payments can be assigned.
Their size is set by each region independently. So, in Penza and Saratov region it is 3567 rubles monthly. At the same time, the caregiver retains the right to receive other benefits provided by law.
Important! If the disease for which the disability was assigned is not included in the list of diseases requiring constant care of third parties, no payments will be made.
In this case, the caregiver can only rely on labor benefits: a ban on working overtime, on holidays and weekends, as well as additional, unpaid, leave on demand.
How to get paid in 2019
In order to receive payments for the care of a disabled person of group 2, you must contact the Pension Fund at the place of residence.
It is from the funds of the Pension Fund that transfers of benefits and accounting for seniority are carried out.
Download for viewing and printing:
Important! Currently, it is possible to file a similar application in electronic form through the personal account of the PFR website. Users registered on the public services portal can apply to the FIU for the registration of various services in electronic form.
Documents to receive
When applying to the Pension Fund, you must write an application for benefits, as well as provide a package of documents:
- a certificate from the Employment Center stating that the applicant does not receive unemployment benefits there;
- certificate of the medical commission on the assignment of a disability to a citizen for a specific disease;
- certificate of a disabled person of the second category;
- a copy of the passports of the applicant and the disabled citizen;
- a document confirming guardianship;
- a copy of the personal account in the bank where the allowance will be transferred;
- proof of residence.
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Review of documents
The term for consideration of the application is on average 30 calendar days.
No document in response to the application comes if the allowance is assigned. If payments are not assigned, then the applicant receives a response with an official refusal and an indication of the reason for the refusal. It can be challenged in court.
Important! If an employed citizen counts on the allowance, then he will receive a guaranteed refusal. It is legally established that a working citizen cannot fully care for a disabled person.
Other benefits
An employed citizen who cares for a disabled person of the second group has the right not only to labor benefits, but also to housing and communal services.
So, in some regions, a 30-50% discount on utility bills is allowed.
In addition, the guardian has the right to free pass and living in dispensaries and clinics where a disabled person is undergoing treatment or rehabilitation, if the latter needs extra care. The decision on the need for such care is made medical commission, which conducts treatment of a citizen with limited legal capacity.
A certificate issued by a medical commission is the main document when purchasing tickets and registering a disabled person for treatment at a dispensary or sanatorium.
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For one year of caring for a disabled person, the caregiver is entitled to accrual 1.8 points and the inclusion of this period in the insurance experience. All periods of care for a disabled person are included in the insurance period no limit.
If a citizen in the same period simultaneously cared for several disabled people, then care period will be calculated once and the number of points when calculating the size of the pension does not change.
Citizen A looked after disabled person B from 12/01/2016 to 05/13/2017, and at the same time for disabled person C from 01/12/2017 to 09/18/2017.
In this case, the period of care from 12/01/2016 to 09/18/2017 will be taken into account in the insurance period as one period, regardless of how many citizens were cared for. Care periods are included in an individual personal account and will be taken into account when assigning a labor pension to him.
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