Benefits for disabled children. Financial assistance to relatives of disabled children

List of documents:

• identification card with registration of the applicant;
• a statement confirming the fact of caring for the child;
• work book confirming lack of employment;
• the commission’s conclusion on the fact of disability and the need for care;
• application from a child over 14 years of age to receive benefits;
• child's identity card;
• SNILS of the applicant;
• bank account details.

Conclusion

The rights of parents with a disabled child cover almost all areas of life. They have legal right take advantage of their benefits.

Other benefits may be provided in accordance with regional laws. It is recommended to find out their list at your local social security office.

Parents of disabled children have a number of benefits stipulated by the Labor Code of the Russian Federation. Some of them belong to preemptive rights concerning . Let's take a closer look at them.

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

The parent of a child with disabilities retains all standard rights. This is the right to annual leave with payments in accordance with the average salary of the employee, issued in the order of priority specified in the vacation schedule. In 2015, Federal Law No. 242-FZ was published 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 in question now has additional guarantees:

• Right to take compulsory leave at a convenient time, if required to care for children and adolescents with disabilities.
• The right to additional 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 that is not provided. The Labor Code of the Russian Federation says nothing about this benefit. However, some people understand additional leave as:

• Standard leave, issued in accordance with benefits.
• Leave to care for a child up to 3 years old.
• Extra days off.

The last point is closest to the concept of second paid leave. The right to additional days off is stipulated by Article 262 of the Labor Code of the Russian Federation. It is provided only to one of the parents. To receive a day off, you must make a written application. 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 installing additional leave with the condition of payment as a benefit to parents of disabled children. To do this, it will be necessary to make all relevant amendments to collective acts.

Documentary support of registration

To provide time off, parents will need some documents:

• Conclusion medical and social examination, confirming disability (examination must be completed regularly).
• Papers establishing the child’s place of residence.
• Birth or adoption certificate.
• A certificate from the second parent’s work stating that they did not use the right to holidays and did not submit a corresponding application to the employer.

Most documents are provided only once. For example, a parent can bring a birth certificate once and not do it again when applying for a day off. However, there are a number of documents that must be provided regularly. These include:

• Certificates from the second parent's work.
• Conclusion of the examination (depending on the type of disability, you need to undergo this procedure every 1-5 years).

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

Submission procedure

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

1. Submission of an application by one of the parents.
2. Providing the employee with all necessary documents.
3. Drawing up an order from the manager to issue additional days off. The document is drawn up according to another template developed by the company.
4. The employee must be familiarized 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 this particular day, so as not to interfere with work processes.

ATTENTION! The employer is obliged to provide the employee with additional days off if he has sent a corresponding application, to which he has attached all necessary documents. Otherwise, the company is fined in the amount of 30-50 thousand rubles or its work is suspended for up to 3 months. These penalties are established by part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Payment for additional days off

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 Resolution No. 1048 of October 13, 2014 states that payment must correspond to the employee’s average earnings. 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 part-time workers demand them. This is due to the fact that employees have already received compensation at their main place of work. However, this is illegal, since the worker can enjoy benefits at both places of work. This is stipulated by part 2 of article 287 of the Labor Code of the Russian Federation. Therefore, it is necessary to obtain all required payments from the Social Insurance Fund.

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 leave (performed on the basis of a written application).
• Division into parts.
• Use all 14 days at once.

IMPORTANT! If an employee does not exercise his right in the current year, next year vacation will not be rescheduled.

Exist following rules provision of 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 remaining week to his main vacation. The main thing is that the total duration of such weekends does 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 standards

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

• If the shift duration is more than 4 hours, the employee must be given a lunch break.
• The employee may be given reduced hours. To do this, he needs to draw up an application indicating a convenient work schedule.
• Going on business trips, attracting 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. The employee must first be informed of his right to refuse the employer.

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

A disabled child is a terrible death sentence for parents who find it quite difficult to come to terms with such a situation.

It is even more difficult to raise such children, who need several times more care, attention and warmth, not to mention constant medical care, which requires significant financial expenses.

The legislation of the Russian Federation provides additional benefits for parents with a disabled child, about which we will inform you in detail.

Status "disabled child"

First, let us recall what exactly is meant by the status of a disabled child.

According to Article 1 Federal Law"ABOUT social protection disabled people in the Russian Federation" is a person who has serious impairments in the vital functions of the body, as a result of injuries, illnesses or from birth itself, and therefore the activity of this person is limited and is expressed in the inability to care for himself and control his behavior, the inability to move independently, orient himself in space and learn.

Such children are assigned a disability group, depending on the degree of impairment of body functions.

Benefits for parents of disabled children established by the Labor Code of the Russian Federation

Working parents of disabled children have a number of preferential conditions that will allow them to pay more attention to the child and, at the same time, not stop labor activity.

Employers are obliged to meet such people halfway and, at their request, establish part-time or part-time work. working week.

In this case, there are only restrictions on the wages that the parent receives based on the number of hours worked.

There should be no monetary deductions from the annual vacation allowance and no reduction in the vacation period!

Labor Code The Russian Federation provides the following benefits to working parents of a disabled child:

Article 263. Parents of disabled children are provided unpaid leave at 14 calendar days, which they can use at any time they need.
Article 262. One of the parents of a disabled child is granted 4 paid days off per month upon his written application based on a certificate from the social protection authorities. The document is issued at the place of residence by the territorial authority. To obtain a certificate, a parent must provide a certificate of disability of the child, a document stating that he is not under state care in a special institution, and a certificate from the school if he is studying there.
Article 259. A parent of a disabled child may be required to work overtime or on weekends and holidays, transferred to the night shift, or sent on a business trip for several days only with his written permission, where the employee must confirm that he is aware of his right to refuse such types of activities.
Article 179. Single mothers raising a disabled child cannot be dismissed either at the initiative of the employer or due to staff reduction. Even in the event of liquidation of an enterprise, when absolutely all employees are fired, the administration must take care of possible other employment for such an employee.

Social benefits for parents of disabled children

Nowadays, a targeted policy is being pursued to adapt disabled children into society. And the people surrounding such families, and even officials, contribute to the full presence in society of children who, by coincidence, have become less active in life.

In this regard, the Federal Law “On Education” provides for Article 52.1. Children with disabilities who do not pose a danger to others have the right to attend preschool educational institutions, and their parents are completely exempt from paying for them.

By separate Presidential Decree No. 1157, disabled children are provided free trips medical, preventive and health institutions.

Housing benefits for parents of disabled children

According to Article 17 of the Federal Law “On Social Protection of the Population”, families with disabled children are provided with a discount:

50% for payment of living quarters in state-funded houses;
50% discount on utility bills, regardless of whether the property is owned or not;
50% on the cost of fuel if the residential premises do not have central heating.

To apply for the appropriate benefits, the following is required:

Identity document (passport);
certificate of disability of the child;
his birth certificate;
certificate of registration at the place of residence according to form No. 9;
certificate of family composition confirming Cohabitation a disabled child with his parents;
certificate of ownership of an apartment or house, if the property was acquired or privatized by parents.

Based on the same article, if children suffer from serious chronic diseases provided for in the list provided by the Government of the Russian Federation, then parents have the right to receive additional living space under a social rental agreement, which can exceed the state norm for one person by no more than 2 times.

The same law “On Social Protection of the Population” gives parents of disabled children a priority right to receive land plot for use under individual construction or gardening.

Tax deduction benefits are provided to parents of disabled children, based on Article 217 Part II of the Tax Code of the Russian Federation. They are presented in the form of a monthly deduction on income individuals. If a parent is raising a disabled child alone, the deduction is doubled.

Parents of disabled children have the right to early retirement if they raised a disabled child from childhood until he reaches at least 8 years of age.

Please note: this benefit is provided to one of the parents.

Thus, in accordance with Article 28 of Federal Law-173 “On Labor Pensions in Russian Federation", labor pension for old age is assigned to a man from 55 years of age with 20 years of experience, to a woman from 50 years of age - with 15 years of experience.

The work experience also includes a period of no more than 3 years when, while caring for a disabled child, the parent did not work, but this time was preceded and followed by periods work activity, regardless of their duration.

According to Article 90 of the Family Code of the Russian Federation, in the event of a divorce, the mother of a disabled child, who takes care of him and cannot work due to this, has the right to alimony for both the child and herself.

In these ways the state supports people caught in difficult situation related to the child's disability.

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 persons accompanying them, receive the right to free use public transport, plying on urban and suburban routes.

The state provides free travel to places of treatment and rehabilitation for disabled children. 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

For parents or guardians of a disabled child Tax Code a number of benefits are provided:

• Monthly personal income tax deduction from parents' wages (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.

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