What are the privileges of the father of a disabled child? Social pension for disabled children

The state takes care of its citizens, in particular, children, especially if they have serious problems with health. If a child is disabled, benefits are provided to parents or guardians without fail, and relate to almost all areas of life.

Disabled child: benefits for parents or guardians. (The state takes great care of children with disabilities)

When we are talking for children and adolescents under the age of 18, disability is assigned without gradation by group. Serious health problems are considered as grounds for making such a decision. A conclusion on disability is issued by a special commission and does this based on the results of a medical and sanitary examination.

In 5 st. The rules for recognizing persons with disabilities clearly list all the grounds for establishing disability:

• congenital or acquired pathologies, injuries that provoked a serious violation important functions organism;
• complete or partial lack of ability to learn, move, self-service and other normal human activities;
• established need for social protection.

Important! In order for the commission to make a decision on the assignment of a disability, all three conditions must be met simultaneously.

If we talk about the timing of the assignment of disability, they are determined by the severity of the disease and general condition health. When there is a chance for a cure or a significant improvement in the situation, disability is given for 1-2 years. When repeated ITU can leave disability for up to 5 years. If the commission noted a deterioration in health or a steady lack of improvement, disability may be granted until the person reaches the age of 18.

Important! Full list diseases and disorders in which a child is given a disability, is presented in the appendix to the above rules. In total, there are 23 points, among which there are oncological diseases..

We understand that when it comes to a child with a disability, he needs special attention and leaving. At the same time, parents cannot fully lead labor activity require financial support from the state. So, benefits are provided in a fairly wide range.

Cash assistance and pension

Disabled children are required to receive a pension. The procedure for accrual and payments can be found in the Law of the Russian Federation "On State Pensions", Art. 17, 21, 38, 113, 114, 115. At present, the amount of pension accruals has reached 12,000 rubles. The amount of the social pension can be increased by regional level, but it cannot be lowered.

Additionally, in addition to pensions, children receive social benefits. Their value ranges from 2600 rubles.

Non-working persons (parents, guardians) who care for a child are charged special compensation payments. They are produced monthly and make up 60% of the minimum officially approved wage. On practice - it's about 5500 rubles.

If a woman has raised a disabled child before the age of 8, she begins to receive a pension from the moment she reaches the age of 50. To do this, one condition must be met - the presence of 15 years of work experience. This period includes all the time while the mother was caring for a child with a disability. All these points are spelled out in the law of the Russian Federation “On State Pensions”, Art. 11, 92(b).

In order to apply for a compensatory allowance, which is paid to persons caring for a disabled child, regardless of the degree of family ties, it is necessary to collect for pension fund the following documents:

• application for the grant;
• passport - copy and original;
• SNILS of the applicant and the person requiring care;
• birth certificate of a disabled child;
• conclusion about disability;
• certificate from the employment center. It should be noted here that the parent or guardian does not receive unemployment benefits;
• guardian's work book;
• checking bank account.

Submitted documents are considered within 10 days. Payments start on the 1st of the month. If a decision is made to refuse, it is announced within 30 days.

labor benefits

Working parents or guardians of children with disabilities are provided with the following labor benefits

A woman caring for a disabled child under the age of 16 has legal right work part-time and part-time. Work is paid proportionally, depending on the time worked. This procedure is prescribed in the Labor Code.

Also, the mother cannot be left overtime or sent on business trips, unless she herself agreed to this.

The employer does not have the right to refuse employment to a woman or reduce wages because she has a child with handicapped.

If a mother is raising a disabled child on her own, the Labor Code prohibits dismissing her from work. The only exceptions are situations when it comes to the complete liquidation of the company. But, in this case, the woman should be given a new job. This procedure is prescribed in Articles 54 and 170 of the mentioned document.

Also, one of the parents involved in raising a child with disabilities will receive 4 additional days off per month. They can be used by one person or each of the parents for 2 days.

Leave is granted to the father or mother at any time convenient for them.

Important! If one of the spouses plans to take additional days off or leave, he must provide the employer with confirmation that the other spouse did not use these benefits. Both parents can simultaneously exercise only the right to refuse a business trip or overtime work.

tax incentives

They are given to one of the parents. The procedure of paragraph 4 of Art. 218 h. 2 of the Tax Code of the Russian Federation. It is noted here that either the father or the mother is given a tax deduction of 12,000 rubles. It is calculated every month. If a disabled child is brought up by guardians or trustees, a reduced deduction applies to them, and its amount is 3,000 rubles.

Housing Benefits

They are regulated by the law on social protection of persons with disabilities. Information on the topic is indicated in article 17. Here it is noted that families raising a child with disabilities can count on the following:

• providing housing. This is paid by the state. The only thing that is required from parents is to register where people who need to improve their living conditions are registered;
• payment of 50% of utility bills. If the family rents the premises for social rent, half of the cost will be repaid;
  • providing land plot for later personal use. Again, in order for parents to exercise this right, it is necessary to submit an appropriate application and documents to the social service.

Additionally, the family can count on the expansion of living space. It is possible in a number of situations, which are spelled out in Decree of the Government of the Russian Federation No. 817 of December 21, 2004. An updated list came into force in 2018 dated November 30, 2012 No. 991n.

Families where a child with a disability is brought up are provided with benefits for paying utilities. Payments are halved. This benefit is valid for housing from the category of premises for social rental.

Medical Benefits

In accordance with Art. 9 of Law No. 181-FZ, every child with disabilities and health problems has the full right to the necessary rehabilitation. Therefore, public medical and other institutions should provide free of charge:

• some medicines;
• technical aids, such as crutches or wheelchairs;
• rehabilitation or treatment.

All benefits that can be counted on in this situation are listed in Order No. 2347-r dated 12/30/2005. On the topic of treatment, explanations are given by the order of the Ministry of Health and Social Development No. 328 of 12/29/2004.

If a child is raised by a single mother, she gets the full right to enjoy all the necessary benefits provided for families with disabled children. Additionally, she is provided preferential programs designed for single parents.

Transport benefits

A disabled child, as well as a person accompanying him (mother, father or guardian) have the full right to free travel in the city public transport. This category does not include only taxis. In order to get the right not to pay for travel, it is necessary to present the driver with a certificate of a disabled person, as well as a document confirming the family relationship of the child and the person accompanying him.

In addition, the state provided the following benefits:

• 50% discount on any intercity transport except taxi;
• free transportation to the place of treatment. The road is paid by the state in both directions. The benefit can be used once a year.

Additional privileges may also be granted, depending on the regional charter, as well as the state of health of a particular disabled child.

Study benefits

Every child with a disability has the right to attend Kindergarten, school. These may be ordinary or special institutions. Benefits for parents consist of a simplified admission scheme, discounts or total absence having to pay tuition fees.

If a child with a disability needs education and upbringing at home or in non-state institution In such situations, parents can also count on preferential terms. The detailed procedure is prescribed in the Decree of the Government of the Russian Federation of July 18, 1996 No. 861.

Video - Benefits for children with disabilities. Rights and benefits for parents of children with disabilities

Support from the state to children with disabilities and their families is provided both in cash (allowance to parents, child pension, CEV) and in kind (providing social services, tax and labor benefits, assistance with housing and tuition). Wherein social help is assigned not only to children with disabilities, but also to people with disabilities from childhood of groups 1, 2, 3.

Social allowances, payments and benefits are designed to help parents and guardians in providing children with disabilities with the necessary minimum of benefits. Other purposes state aid- help to adapt children with disabilities to society, develop social skills in them and provide opportunities equal to those of other citizens.

In 2016, there were some changes related to the support and provision of children with disabilities. The size of the personal income tax deduction was increased by 2-4 times, the opportunity was introduced to use maternity capital for the integration of the child into society ( social adaptation). For each of the benefits, you must submit a separate application to the Pension Fund (PFR) or multifunctional center(MFC).

Benefit for caring for a disabled child

In some cases, due to a medical condition, a child with a disability needs permanent care, which deprives the parent of the opportunity to work. Able-bodied parent or another person caring for a disabled child, the state provides a special monthly allowance.

Since 2013, the amount of the payment has not changed and is:

• 5 500 rub. - if a parent, adoptive parent, guardian takes care;
• 1 200 rub. - if the care is provided by another person in agreement with the parents.

Pay is not subject to annual indexing. It is also not eligible for those who receive unemployment benefits or pensions. In addition to this payment, for a person involuntarily caring for a disabled child, throughout the entire period of care, seniority.

The money is transferred simultaneously with the social pension for the child. To apply for benefits, you need to submit to the FIU such documentation:

• Passport of the applicant and his work book.
• Statement:
  • from idle able-bodied person with a request to assign a care allowance;
  • from a parent or guardian on consent to the care of the child by a third party - if it is not the parent and not the representative of the minor who will take care of the child.
• References:
  • from the PF that the applicant does not receive a pension;
  • from the employment service about not receiving unemployment benefits.
• Evidence that the child needs constant care (the decision of the medical board).

A care allowance can be issued by a person caring not only for a disabled child, but also for a disabled child of the 1st group. It is believed that persons with groups 2 and 3 are sufficiently able to serve themselves, therefore this allowance is not calculated for them.

Social disability pension

Disabled children are entitled to a monthly pension payment from the state. Until 02/01/2017 its size is RUB 11903.51 The amount is subject to annual indexation. The pension is paid until the child loses the status of a disabled person by decision of MSEK or reaches the age of 18.

Pension and its amounts are established federal law No. 166-FZ of December 15, 2001 "On state pension provision in Russian Federation» . You can apply for a pension only for a child, permanently living in Russia. To do this, his parents (guardians) submit to the FIU along with the application the following documents:

• children's birth certificate;
• an extract from the certificate of examination by medical and social expertise (ITU) with a decision on granting disability;
• applicant's identity card.

A pension is also due to persons with disabilities from childhood, provided that they do not have work experience. Until February 1, 2017, the amount of the payment is 11,903.51 rubles, 9,919.73 rubles, 4,215.90 rubles. respectively at 1, 2, 3 groups.

Monthly pension provision on disability, appointed by the territorial bodies of the Pension Fund, includes three components:

• social pension for a disabled child;
• monthly cash payment (UDV);
• a set of social services (NSO) for a set amount.

These parts give an understanding of the amount that a family with a disabled child can receive each month.

Monthly cash payment (MU)

All families with a child with a disability or disabled since childhood, in addition to the social. pension is provided monthly cash payment(EDV). Its size is inextricably linked to the NSO, which the family wants to receive for a child with a disability.

The maximum amount of UDV that a family can receive in case of a complete waiver of the NSI, until 01.02.2017 is RUB 2,397.59, and the minimum at full preservation social services - 1,402.36 rubles. The amounts are subject to annual indexation.

Note: For children over 18 years of age, the amounts of payments differ depending on established group disability.

You can apply for a UDV in the same department of the Pension Fund of the Russian Federation, where a social pension for a disabled child has already been issued. The following documents are needed:

• application in the prescribed form;
• applicant's passport;
• certificate on the establishment of disability by the ITU;
• enumeration of social services that the applicant refuses.

Set of social services (NSO)

A set of social services provided by in kind. It is allowed to use it in full, according to the approved list, or in part.

List and sizes of NSO, rub., until 01.02.2017

Note: If a child with a disability requires constant accompaniment, the accompanying person must also be provided with free ticket to the sanatorium and a ticket.

The child's right to NSI arises simultaneously with the registration of the EDV. The FIU issues a certificate about this to the representative of the child. An additional application for the appointment of social services does not need to be written. A certificate will be required for presentation at the railway ticket offices, medical institutions to receive related services. It contains the following information:

• category of the beneficiary (child with a disability or disabled since childhood);
• the period of formation of the EDV;
• a list of NSOs to which the recipient is entitled in the current year.

For services that the family refused, she will receive monetary compensation within the EDV. Change the procedure and composition of receiving services and UDV payments+ NSU is possible only from January 1 of each following year. For example, in order to refuse free travel on railway transport and receive monthly compensation RUB 110.09 in 2017, the child's representative must submit an application by October 1, 2016.

Compensation of expenses from maternity capital for the social adaptation of the child

In 2016, within the framework of the federal maternity capital program, new service: the opportunity to spend the money allocated to the family after the birth of the second child, to adapt to the society of a disabled child.

Maternal capital is allowed to be used for social integration any child with a disability in family. At the same time, the money for such needs can be used either partially or in full the entire amount (453 thousand rubles until 2020).

At the expense of maternity capital, you can receive compensation for goods and services already paid for aimed at social adaptation, according to the list from the Decree of the Government of the Russian Federation No. 831-r dated April 30, 2016. Unfortunately for most parents, on medical service and buying drugs money to spend not allowed.

Documents for reimbursement of expenses are also submitted to the PFR branch at the place of residence of the family. Their list includes the following items:

• statement from the owner of the certificate;
• the certificate itself
• the applicant's passport and his SNILS;
• individual approved program of rehabilitation and adaptation of the child;
• checks or other confirmations of payment for relevant services, purchases of goods;
• an act from social security that the purchased product meets the needs of the child;
• information on where to transfer money to the applicant.

Benefits for parents of children with disabilities

For families with disabled children, the state provides not only financial assistance, but also a variety of benefits. They are designed to make it easier for parents to care for a child, improve the financial situation of the family, and solve primary needs.

Benefits are provided on a categorical basis without regard to the needs of the family. That is, in order to issue them, you do not need to provide income certificates and prove low-income. Operating principle the appointment of benefits in connection with childhood disability is not planned for revision.

Personal income tax deduction for a disabled child in 2016

Each of working parents, adoptive parents or guardians of a disabled child is provided (personal income tax benefit) from the state. The purpose of this type of assistance is to increase family income by reducing tax deductions.

Benefit granted regardless of family income and is the amount that is deducted from the amount of earnings before taxes are removed from it. From 01/01/2016, according to Law No. 317-FZ of 11/23/2015, the amount of the personal income tax deduction is:

• 12 000 rub. - from the salary of each parent or adoptive parent;
• 6 000 rub. - from the income of the guardian or foster parent.

The deduction in the specified amount is provided for every child with a disability who is brought up in the family. That is, for two children with disabilities, each working parent will receive benefits in the amount of 24,000 rubles. If the child is raised by a single parent, then he will be able to issue a double deduction. You must apply for benefits at the place of work.

The deduction is assigned to the parent's income up to 350,000 rubles. in year. From the month in which the amount of income exceeds the specified 350 thousand, the benefit will no longer be provided until the end of the calendar year.

Alimony after 18 years of age for disabled children

Parents must support disabled children, regardless of the age of the latter. In the event of a divorce, the parent who leaves their family is required to pay child support for the disabled child.

If, upon reaching the age of majority, a disabled child is recognized as incapable of work and receives adult group disability, he is also assigned monthly alimony. But only in case of need and inability to provide for themselves independently.

Their size is:

• Any amount by agreement of the parties.
• An amount set by the court in a fixed amount, if the parties cannot agree. When it is appointed, the financial situation of both parties, their marital status is taken into account.

Also, the court may appoint alimony for the maintenance of a needy parent who is forced to care for a disabled child or disabled since childhood.

Labor and social benefits for parents of children with disabilities

A number of indulgences and benefits for parents raising disabled children are contained in the Labor Code of the Russian Federation. They are valid throughout the territory of the Russian Federation and are mandatory. all employers, regardless of the form of ownership and the charter of the enterprise.

Benefits for working parents and guardians:

• The impossibility of dismissing the mother of a disabled child (except for the liquidation of the organization).
• Night work ban.
• Additional leave of 14 days in any convenient period.
• 4 additional days off per month paid from Social Security funds.
• The opportunity for the mother of a disabled child under 16 to work part-time or a week.

If a parent formally formalizes the care of a disabled child under the age of 14, then this period is counted towards his seniority with an increasing coefficient of 1.8.

One of the parents (guardians) who raised a child with a disability under 8 years of age may early retirement. The benefit is also granted to parents if a person with a disability from childhood was assigned only after the age of 18, and before that he was not considered a child with a disability. Early labor pension can issue:

• A man with at least 20 years of work experience - at 55 years old.
• Woman with continuous experience at least 15 years - in 50 years.

Parents of children with disabilities have a number of benefits stipulated by the Labor Code of the Russian Federation. Some of them belong to preemptive rights concerning . Let's consider them in more detail.

Leave for parents of a disabled child under the Labor Code of the Russian Federation

The parent of a child with a disability retains all standard rights. It's right to annual vacation with payments in accordance with the average salary of an employee, issued in the order of priority specified in the vacation schedule. In 2015, Federal Law No. 242-FZ was issued on July 13, 2015, on the basis of which adjustments were made to the Labor Code of the Russian Federation. In particular, there was new article 262.1, according to which the category of workers under consideration has additional guarantees:

• Right to take compulsory leave in convenient time when required to care for infants and adolescents with disabilities.
• The right to extra days off.

ATTENTION! These guarantees apply only to parents of children under the age of majority.

What is additional paid leave?

It is additional paid leave for parents is not provided. The Labor Code of the Russian Federation does not say anything about this benefit. However, by additional leave, some understand:

• Standard leave issued in accordance with the benefits.
• Leave to care for a child up to 3 years.
• Additional holidays.

The last point is closest to the concept of a second paid vacation. The right to additional days off is stipulated by article 262 of the Labor Code of the Russian Federation. It is given to only one of the parents. To receive leave, you need to make an application in writing. The employer is obliged to provide an employee caring for a disabled child with 4 additional days off per month. All these days are paid at the standard rate.

ATTENTION! All provisions discussed here are enshrined in law. However, nothing prevents the entrepreneur from establishing additional leave with the condition of payment as a benefit to parents of children with disabilities. This will require all relevant amendments to the collective acts.

Documentary support of registration

Parents are required to provide the following documents for the leave:

• Conclusion medical and social expertise confirming disability (examination must be carried out regularly).
• Papers that establish the place of residence of the baby.
• Birth or adoption certificate.
• A certificate from the work of the second parent that the right to the weekend was not used by him and the corresponding application was not submitted to the employer.

Most of the documents are provided only once. For example, a parent can bring a birth certificate once and not do it again when making an application for a day off. However, there are a number of papers that need to be provided regularly. These include:

• References from the work of the second parent.
• The conclusion of the examination (depending on the type of disability, you need to go through this procedure every 1-5 years).

ATTENTION! The right to additional days off can be used by one or the other parent. In this case, such a "vacation" is divided. For example, a mother took 2 days off to care for a child with disabilities. The father has the right to take the remaining 2 days.

Provision procedure

The procedure for issuing additional days off is specified in the resolution of October 13, 2014 No. 1048. The following stages of this procedure can be distinguished:

1. Application by one of the parents.
2. Providing the employee with all necessary documents.
3. Drawing up the order of the head on the issuance of additional days off. The document is drawn up according to or another template developed by the company.
4. The employee must be familiar with the order against signature.

The employee indicates in his application those days for providing days off that are convenient for him. However, usually specific dates are determined after negotiations with the boss. For example, there is little work on Friday, and therefore the employer wants to send the employee on a day off on that day so as not to interfere with labor processes.

ATTENTION! The employer is obliged to provide the employee with additional days off if he sent the appropriate application, to which he attached all required documents. Otherwise, the companies issue a fine in the amount of 30-50 thousand rubles or suspend its work for up to 3 months. These liability measures are established by part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Additional holiday pay

Article 17 of Federal Law No. 213 states that additional days off are paid by the Social Insurance Fund. Paragraph 12 of the rules established by Decree No. 1048 of 10/13/2014 states that the payment must correspond to the average salary of the employee. That is, for example, an employee receives 1,000 rubles per shift. Accordingly, his income for 4 additional days off will be 4,000 rubles.

IMPORTANT! The FSS often tries to refuse payments if their part-timers demand. This is due to the fact that employees have already received compensation at the main place of work. However, this is illegal, as the worker can enjoy benefits at both jobs. This is stipulated by part 2 of article 287 of the Labor Code of the Russian Federation. Therefore, it is necessary to achieve all the due payments from the FSS.

Unpaid leave

The right to additional leave at any time convenient for the parent is established by Article 263 of the Labor Code of the Russian Federation. There are the following options for using the provided days:

• Joining the main vacation (performed on the basis of a written application).
• Partitioning.
• Use all 14 days at once.

IMPORTANT! If an employee does not use his right in the current year, next year vacation will not be carried over.

Exist following rules granting additional leave:

• Its total duration cannot be more than 2 weeks.
• All vacation days are unpaid.
• The employee determines the vacation period in accordance with his own ideas. For example, he can go on vacation for a week in the first half of the year, and add the rest of the week to the main vacation. The main thing is that the total duration of such weekends should not exceed 2 weeks.

IMPORTANT! All of the above points also apply to those parents who work part-time. At the second place of service, their employer is also obliged to comply with the requirements of Article 263 of the Labor Code of the Russian Federation.

Additional norms

All guarantees that a parent uses cannot affect working conditions and other rights: the provision of basic leave, accrual of seniority. The law also establishes some norms regarding the length of the working day:

• If the duration of the shift is more than 4 hours, the employee must be given a lunch break.
• An employee may be given reduced hours. To do this, he needs to draw up an application indicating in it a convenient work schedule.
• Departure on business trips, attraction to overtime work- all this, according to Article 259 of the Labor Code of the Russian Federation, is possible only with the consent of the parent in writing. Previously, the employee must be familiarized with his right to refuse the employer.

Guarantees are provided as part of benefits for persons with disabilities.