Rules for the implementation of monthly compensation payments to the unemployed. Compensation for persons caring for the disabled

In accordance with the legislative acts of the Russian Federation, the state provides benefits not only to citizens who, for whatever reason, have lost or partially lost their ability to work, but also to those categories of people who care for people who have lost their ability to work. What amount of compensation is set, and how can it be issued?

Categories of citizens

The legislation of the Russian Federation clearly defines the categories of citizens who require permanent care and those groups that have the right to act as caregivers.

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Who is considered disabled

Disabled citizens include people who cannot take care of themselves on their own. It can be either a complete loss of ability to work, or its partial loss..

This group includes:

  1. Disabled people of the first group, except for those who are . The category of disabled people of the first group, in accordance with, includes citizens who are diagnosed with a persistent health disorder that has arisen due to illness or injury. This category is required by law to provide social support.
  2. pensioners as well as younger people who lack the physical ability to care for themselves. At the legislative level, it is approved that citizens over 80 years of age should also be cared for. This is due to genetic changes in the body. People under the age of 80 may also need constant help. In this case, their disability must be confirmed by a document from a medical organization.

Who can provide care

In order to arrange care for a disabled citizen, it is not necessary to be his relative and live with him in the same living area. Anyone can be a caregiver.

The main conditions are:

  • the person must be able to work;
  • should not have a job;
  • should not receive any type of benefits, pensions, unemployment payments.

In accordance with the legislation of the Russian Federation, the working capacity of citizens begins from the moment they reach 16 years of age. In some cases, adolescents as young as 15 have the right to work if the activity is not harmful to their health.

Can be involved in labor activity and a teenager at 14. However, this requires a written parental consent and guardianship authorities.

Payment types

Citizens who are cared for in relation to a disabled or elderly person are entitled to receive two types of payments:

  1. Monthly care allowance for disabled citizens - this type of payment is accrued in accordance with. A compensation allowance can be assigned to one citizen who has the status of an unemployed person and cares for not one, but several persons. The allowance will be assigned for each ward.
  2. The payment intended for the care of disabled children and those who have been assigned disability group 1 since childhood. The payment is due to an able-bodied citizen who provides care and does not work anywhere.
The amount of payments in cases of caring for disabled children will depend on the category of relationship between the guardian and the ward.

The amount of monthly compensation for the care of disabled citizens

Compensation payment in 2019 is set at 1200 rubles. It is accrued simultaneously with the payment of a pension for a disabled person or a pensioner.

Significantly different the amount of payments for the care of children with disabilities. They are assigned an allowance, which will be paid every month. The amount depends on which category the guardian belongs to in relation to the ward:

  • Parents of a child with a disability and his guardians can count on an allowance in the amount of 5500 rubles.
  • Other caregivers may only receive 1200 rubles.

The monthly payment is assigned from the month from which care for a disabled person is issued.
For citizens living in conditions, payments are established.

Order of appointment and registration

It is necessary to apply for the appointment of a compensation payment to the territorial department of the PFR, in which a pension is accrued to a disabled citizen.

Documentation

To assign a payment, you must submit the following documents:

  • passport of the applicant and the person under guardianship;
  • for teenagers, it is necessary to provide a certificate from the educational institution;
  • the conclusion of a medical organization that an elderly citizen needs care;
  • extracts from acts for disabled people of the 1st group;
  • for citizens under 16 years of age - permission-consent of parents and guardianship and guardianship authorities;
  • if the adolescent who will be the guardian is less than 16 years old, a certificate from the local pediatrician must be provided. It must indicate that the applicant has no health contraindications for care;
  • documents confirming the legal basis for representing the interests of persons with disabilities, for example, a guardianship decision, an adoption certificate;
  • certificate of absence of accrual of a pension or other benefit.

With a package of documents, a citizen must apply to the Pension Fund at the place of residence of the ward and write an application.

Statement

The application form is filled in by the caregiver with his own hand at the Pension Fund. The student must submit a statement of consent. If this cannot be done due to the lack of physical ability of a disabled citizen, representatives of the Pension Fund can independently go to him to obtain consent.

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The text of the application must include:

  • that the citizen who plans to provide care does not work anywhere;
  • the place where the person will care for the ward;
  • the period from which care begins.

If any document is not presented at the time of application, the citizen is given three months to deliver the rest of the evidence.

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Timing

Payment in the form of compensation is assigned only from the moment when the applicant applies to the Pension Fund. But it cannot be assigned before the entitlement to receive it. Benefit paid throughout the period care products.

How is the payment and receipt of funds

The payment, which is assigned in the order of compensation for care, is transferred simultaneously with the pension of a disabled citizen:

  1. This can be done to a current account in a bank or other financial institution.
  2. Many pensioners receive their pensions in the mail or have their payments delivered.

Important! The pensioner himself personally gives the established amount of the payment to the citizen who cares for him. At the same time, he can independently vary the amount upwards. But it should not be less than that established by law.

Is it included in work experience?

The entire period during which a citizen cared for a disabled person, will be included in the insurance period. This is done based on . In this regard, the compensation payment can be considered not only financial support from the state, but also an opportunity for citizens who care for them to earn additional benefits to their pensions.

For each year of care, a citizen is awarded 1.8 points. In addition, the entire period without any restrictions will be counted in the length of service.

Important to pay attention! If a person took care of several disabled persons at once, the points are not summed up and the period will be included in the list only once.

Grounds for termination of accruals

An important point is that a citizen can only care for as long as he is in the category of unemployed:

  1. As soon as he settling somewhere officially or starts any other activity that is included in the insurance period, he must independently notify the Pension Fund of the impossibility of further care.
  2. In addition, the reasons for the termination of payments will be assignment of any kind of benefits, both for old age and for the loss of a breadwinner, as well as payment upon registration with the labor exchange and receiving unemployment benefits.

A person over 80 in our country is helpless and very often needs outside help.

Not everyone knows that the state supports the elderly in every possible way, therefore, for each pensioner who will be cared for, the Pension Fund provides for some payments.

We are talking about the care allowance for pensioners over 80 years old: how much is included in the state budget in 2019? What kind of assistance can pensioners and those caring for them expect?

The issue of granting benefits for the care of the elderly over 80 years of age, as well as the amount of assistance, is regulated by the following laws:

  1. Decree of the President No. 1455 dated December 26, 2006 “On compensation payments”.
  2. Government Decree No. 343 of 04.06.2007 “On the implementation of monthly compensation payments to non-working able-bodied caregivers, including those who have reached the age of 80 years or more.”

Benefit amount

The compensation payment for caring for a pensioner over 80 years old is 1,200 rubles plus the district coefficient.

For example, in Magadan, Vladivostok and other northern cities of Russia, this allowance will be higher than in other cities located closer to the center.

Any person who has received consent to care from the ward himself can apply for a pensioner's allowance.

At the same time, the following requirements are imposed on candidates in Russian legislation:

  • a person must have registration and permanent residence on the territory of the Russian Federation;
  • he must be able to work;
  • he should not have an official job, he should not be registered with the employment center;
  • he should not receive any social or pension payments.

Compensation payment cannot be issued:

  • for a disabled or working person. The person must be at least 16 years old;
  • a person who receives any benefits and / or pension;
  • a person who is registered with the employment center;
  • the person who is registered as an individual entrepreneur.

Pensioner care payments are credited to the pensioner's card or handed over to him personally along with the pension.

To apply for a grant, you must prepare the following documents:

After all the documents are collected and given to the employee of the Pension Fund, he must definitely accept them, and the applicant must issue a receipt on receipt of the documents.

According to the law, the compensation payment must be accrued to the pensioner for whom the allowance was issued within 3 months from the date of submission of the package of documents.

If care is organized for a pensioner, then according to the law it is not at all necessary that the ward and the trustee live together. The trustee can come to the pensioner when he asks him about it.

When taking responsibility for caring for an elderly person, you need to understand what he can expect from you:

Relatives usually take care of the elderly over 80 years of age.

Every year, a person who has taken responsibility for caring for a pensioner over 80 years of age must submit to the guardianship and guardianship authorities a written report on financial transactions made with the pensioner's money.

Yes, this issue goes and is regulated by paragraph 6 of article 12 of the law of the Russian Federation "On insurance pensions" No. 400 dated 12/28/2017. However, there are amendments here.

So, periods during which a person cared for a pensioner over 80 years old will be counted in the insurance period, only if the person previously worked before caring for the elderly or got a job after caring for the pensioner.

The compensation payment is a great motivation for those caregivers who want to increase their seniority in anticipation of their future retirement.

According to Art. 63 of the Labor Code of the Russian Federation, an employment contract is concluded only with persons who have reached the age of 16 years. However, there is an exception.

So, a 14-year-old teenager can take care of an elderly person who has reached the age of 80. But for this he must obtain the consent of the parents.

Also, a prerequisite for caring for an old man in this case is that a teenager should not sacrifice his studies, so he can help an elderly person only in his free time from school.

Compensation payments are not due to those pensioners who receive two pensions. This happens when a person receives an ordinary pension and one that was assigned to him in law enforcement agencies.

Who is eligible to receive Retirement Care Assistance?

The money is transferred to the pensioner's personal account or personally handed over to him. And he already decides how to dispose of them: how much to give to the trustee, how often, etc.

There are no restrictions in Russian law on how many pensioners over 80 a person can care for.

The payment of the allowance for the care of a pensioner over 80 years of age ceases to accrue in the following cases:

If one of the above reasons occurs for which the Pension Fund must stop paying benefits, the ward or trustee must contact the guardianship authorities and report the changes within 5 days.

If no one has filed an application to terminate the payment, then the previously accrued money will be returned to the state treasury in court as soon as the fact that the person has illegally received benefits is established.

An application with a request to terminate the payment of benefits can be submitted by both the ward and the custodian. This can be done through the website of public services or apply personally to the Pension Fund at the place of residence of the pensioner.

Both a relative and a stranger who is in good relations with the elderly and who wants to help him disinterestedly can take care of a pensioner over 80 years old.

Some people deliberately draw up a care allowance for the elderly, actually take care of them, pursuing not the humane goal of helping poor old people, but taking possession of their real estate in the future.

However, Russian legislation does not contain such an article or rule, according to which the property of an elderly person after his death will be transferred to the person caring for him. But it is still possible to influence the decision of the pensioner.

If a person treats an elderly person well, helps him in every possible way, then he will really be able to thank him by making a will in his name or draw up an annuity agreement.

Such a happy opportunity is often given to people who care for single grandparents.

Question: “How to apply for an allowance for caring for an elderly person over 80 years old?” should be considered not in the context of obtaining material benefits, especially since the amount of assistance is small (1200 rubles), but as a way to support the elderly and make their lives easier.

The benefit of caring for an elderly person for the caregiver is that seniority for the time of care is counted. It is good for both the pensioner receiving care and the caregiver, who often lacks several years of service before retirement.

Decree of the Government of the Russian Federation of 04.06.2007 No. 343 approved the Rules for the implementation of monthly compensation payments to non-working able-bodied persons caring for disabled citizens.

A monthly compensation payment is assigned to persons residing in the Russian Federation who care for a disabled person of group 1, a disabled child under the age of 18, as well as the elderly who need constant outside care or who have reached the age of 80 years.

From 07/01/2008, by Decree of the President of the Russian Federation of 05/13/2008 No. 774, the amount of the monthly compensation payment is determined in the amount of 1200 rubles; taking into account the regional coefficient of 1.2 - 1440 rubles, 1.4 - 1680 rubles.

The monthly compensation payment is established to the pension assigned to a disabled citizen during the period of caring for him.

The compensation payment is established to one unemployed person in respect of each disabled citizen. Thus, if a non-working citizen takes care of several disabled persons, then the corresponding number of payments will be established for this citizen.

A monthly compensation payment is assigned to a caregiver, regardless of family relations and cohabitation with a disabled citizen.

The following documents are required to apply for a nursing allowance:

1. a statement from a pensioner on consent to care for a specific person (full name) indicating the date of commencement of care;

2. A statement from the caregiver indicating the date the care began and where they live;

3. pensioner's passport or its certified copy;

4. passport of the caregiver, or its certified copy;

5. pensioner's work book, or its certified copy;

6. work book of the caregiver, or its certified copy (in the absence of a work book, the caregiver indicates in the application that “I do not have a work book”);

7. certificate (information) from the territorial Office of the Pension Fund of the Russian Federation that the caregiver does not receive any type of pension;

8. certificate (information) from the territorial Office of the Pension Fund of the Russian Federation that the pensioner is not the recipient of the compensation payment for care;

9. certificate of the territorial body of the employment service on the non-receipt of unemployment benefits by the caregiver (except for persons 14-15 years of age and persons studying full-time);

10. certificate of the territorial body of the tax service on the lack of registration of the caregiver as an individual entrepreneur (for persons 16 years of age and older);

11. certificate of the caregiver's studies indicating the expected date of graduation (for persons studying full-time at an educational institution);

12. permission of the body of guardianship and guardianship to provide care (for persons 14-15 years of age);

13. statement from parents that they do not object to their child being cared for by a disabled person and that care will not interfere with the educational process (for persons 14 years of age);

14. birth certificate (for persons 14 years of age).

The compensation payment is assigned from the month in which the caregiver applied for its appointment with applications and all the documents necessary for submission to the pension department, but not earlier than the day the right to the specified payment arises.

If the documents specified in paragraphs 7 - 10 are not provided simultaneously with the application, the pension department will send requests to the relevant authorities within 2 working days.

In order to reduce the terms of appointment and payment of the monthly compensation payment for care, we recommend that you provide us with the entire list of documents at the same time as the applications.

Copies of documents can be certified by employees of departments for work with personnel of internal affairs bodies at the place of residence or at a personal appointment at the Pension Service Department of the Central Federal District.

The monthly care allowance is terminated in the following cases:

Death of a disabled citizen or caregiver;

Termination of care by the person who provided care, confirmed by the application of a disabled citizen;

Appointment to the caregiver of a pension (regardless of its type and amount), unemployment benefits;

Performing paid work by a disabled citizen or a person who cares;

The acquisition by the caregiver of the status of an individual entrepreneur;

The expiration of the period for which the 1st group of disability was established for a disabled citizen;

Change of residence by a disabled citizen or caregiver.

The caregiver is obliged to notify the body that pays the pension within 5 days of the occurrence of circumstances that lead to the termination of the monthly compensation payment.

In accordance with the Decree of the President of the Russian Federation dated December 26, 2006 No. 1455 “On compensation payments to persons caring for disabled citizens”, from January 1, 2007, the amount of the monthly payment to non-working able-bodied citizens caring for disabled people of group 1, disabled children under the age of 18 years, as well as for the elderly who, according to the conclusion of a medical institution, need constant outside care or who have reached the age of 80 years, was set at 500 rubles.

From July 1, 2008, on the basis of Decree of the President of the Russian Federation dated May 13, 2008 No. 774 “On additional measures of social support for persons caring for disabled citizens”, the amount of the monthly compensation payment has been increased to 1200 rubles per month (excluding the district coefficient, which is established on the territory of the Kirov region by the Decree of the Secretariat of the All-Union Central Council of Trade Unions of October 17, 1988 N 546 / 25-5).

In pursuance of the Decree of the President of the Russian Federation of December 26, 2006 No. No. 1455 by Decree of the Government of the Russian Federation of June 04, 2007 No. 343 approved the Rules for the implementation of monthly compensation payments to non-working able-bodied persons caring for disabled citizens.

Since January 1, 2013, in accordance with Decree of the President of the Russian Federation of February 26, 2013 No. 175 “On monthly payments to persons caring for children with disabilities and people with disabilities from childhood of group I”, monthly payments are established to non-working able-bodied persons who care for children - disabled and disabled since childhood of group I: for a parent (adoptive parent) or guardian (custodian) - in the amount of 5,500 rubles, for other persons - in the amount of 1,200 rubles.

In pursuance of Decree of the President of the Russian Federation No. 175 dated February 26, 2013, Resolution No. 397 of the Government of the Russian Federation dated May 2, 2013 approved the Rules for making monthly payments to non-working able-bodied persons caring for disabled children under the age of 18 or disabled people from childhood of group I.

The circle of persons entitled to receive compensation and monthly payment in connection with the implementation of care

A person actually caring for a disabled citizen, regardless of their family relationship and cohabitation, who meets the following conditions:

  • able-bodied;
  • not receiving a pension;
  • not performing paid work (including not being an individual entrepreneur);
  • not receiving unemployment benefits.

The circle of disabled family members, in the care of which a compensation (monthly) payment is established, includes:

  • disabled people of the 1st group;
  • disabled children under the age of 18;
  • persons who have reached the age of 80;
  • elderly who need constant outside care at the conclusion of a medical institution.

On persons who are guardians or adoptive parents on the basis of agreements on the implementation of guardianship and guardianship on a reimbursable basis or under an agreement on a foster family

According to the Decree of the President of the Russian Federation of February 26, 2013 No. 175 “On monthly payments to persons caring for children with disabilities and disabled since childhood of group I”, monthly payments are established to non-working able-bodied parents (adoptive parents), guardians (trustees) or other persons providing caring for a disabled child under the age of 18 or a disabled child of group I (hereinafter referred to as monthly payments).

Article 152 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code) provides that guardianship or guardianship over a child or children, which are carried out under an agreement on a foster family (hereinafter referred to as the Agreement), concluded between the guardianship and guardianship authority and foster parents, is recognized as a foster family. the period specified in the Agreement.

According to article 123 of the Family Code, a foster family is one of the forms of placement of children left without parental care.

The agreement is concluded in order to regulate the rights of the guardian (custodian) and the ward and is aimed at reducing the number of children brought up in organizations for children left without parental care.

In accordance with Article 16 of Federal Law No. 48-FZ of April 24, 2008 “On Guardianship and Custody” (hereinafter referred to as Law No. 48-FZ), guardianship and guardianship obligations are performed free of charge, except in cases where the guardianship and guardianship authority, based on from the interests of the ward, concludes with the guardian or trustee an agreement on the implementation of guardianship or guardianship on reimbursable terms.

The aforementioned “reimbursable” agreements also include an agreement on a foster family and an agreement on a foster family.

Article 152 of the Family Code provides, in particular, that the provisions of Chapter 20 of the Family Code are applied to relations arising from a foster family agreement, and in particular, those not regulated by this chapter, the rules of civil law on the provision of services for compensation are applied insofar as this does not contradict the essence of such relationships.
Therefore, the Agreement providing for the payment of remuneration to guardians, trustees, foster parents, foster caregivers (hereinafter referred to as guardians) is a civil law contract, the subject of which is the performance of work, the provision of services.

It should be noted that the specified remuneration does not apply to those provided for by the Tax Code of the Russian Federation, as well as the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” (hereinafter - Law No. 212-FZ) types of income exempt from taxation.

Part 1 of Article 7 of Law No. 212-FZ determines that payments and other remuneration accrued by organizations in favor of individuals, in particular, under civil law contracts, the subject of which is the performance of work, the provision of services, are recognized as the object of taxation of insurance premiums.

Taking into account the provisions of Federal Law No. 167-FZ of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation”, insurance contributions to the Pension Fund of the Russian Federation are accrued for remuneration paid to citizens under the Agreement, which is a civil law agreement.

Thus, since the periods during which insurance premiums for the indicated insured persons were transferred to the Pension Fund of the Russian Federation are included in the length of service when assigning a pension to these citizens as periods of work, the guardians who receive remuneration in accordance with the contract are classified as working persons .

In this regard, guardians (trustees) who provide paid guardianship (adoptive parents, foster caregivers) who receive remuneration in accordance with the Agreement are equated to the category of employed persons and do not have the right to establish a monthly payment in accordance with Decree No. 175

Documents required to establish a compensation payment (clause 6 of the Regulations dated 04.06.2007 No. 343):

a)
b) a statement of a disabled citizen about consent to care for him by a specific person. If necessary, the authenticity of the signature of a disabled citizen on the said application may be confirmed by an inspection report of the body paying the pension. If care is provided for a person recognized in the established manner as incapable (limited in capacity), such an application is submitted on behalf of his legal representative with the submission of a document confirming the authority of the legal representative. As a document confirming the establishment of guardianship (guardianship), certificates, decisions and other documents issued by guardianship and guardianship authorities in accordance with the legislation of the Russian Federation on guardianship and guardianship are accepted;
in)
G)
e) an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal state institution of medical and social expertise to the body that pays the pension;
e) invalidated due to the adoption of the Decree of the Government of the Russian Federation of 02.05.2013 N 396;
g) the conclusion of a medical institution on the need for an elderly citizen in constant outside care;
h) an identity document and a work book of a caregiver, as well as a work book of a disabled citizen;
and) permission (consent) of one of the parents (adoptive parent, guardian) 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. A birth certificate is accepted as a document confirming that the specified person is a parent. An adoption certificate or a court decision to establish this fact is accepted as a document confirming the adoption. As a document confirming the establishment of guardianship, certificates, decisions and other documents issued by guardianship and guardianship authorities in accordance with the legislation of the Russian Federation on guardianship and guardianship are accepted;
to)
l) certificate (information) on the non-assignment of a 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 pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, drug control authorities drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” and an old-age insurance pension issued by the body that pays the corresponding pension.

The body paying the pension is not entitled to require the submission of the documents (information) specified in subparagraphs "c", "d" and "l" of paragraph 6 of the Rules of 04.06.2007 No. 343 by the caregiver. These documents (information) are requested the body that pays the pension, from the relevant authorities in the order of interdepartmental information interaction.
An interdepartmental request is sent by the specified body within 2 working days from the date of application by the caregiver in the form of an electronic document using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, and in the absence of access to this system - on paper media in compliance with the requirements of the legislation of the Russian Federation in the field of personal data.

The documents (information) specified in subparagraphs "c", "d" and "l" of paragraph 6 of these Rules are provided by the relevant authorities at the request of the body paying the pension, within 3 working days from the date of its receipt.

The caregiver has the right to submit such documents (information) on his own initiative.

Documents required to establish a monthly payment (clause 6 of the Rules of 02.05.2013 No. 397)

a) a statement from the caregiver indicating the date the care began and where they live;
b) statement of the legal representative of a disabled child under the age of 18 or a statement of a disabled person from childhood of group I on consent to care for a specific person. A disabled child who has reached the age of 14 has the right to apply on his own behalf. If necessary, the authenticity of the signature of a disabled child under the age of 18 or a disabled child of group I on the said application may be confirmed by an inspection report of the body paying the pension. In the event that care is provided for a person recognized in the prescribed manner as incapacitated, such an application is submitted on behalf of his legal representative. Parents (adoptive parents), guardians (custodians) caring for a disabled child under the age of 18 do not need such an application. If an application is submitted by a legal representative, a document confirming the authority of the legal representative is submitted. A birth certificate is accepted as a document confirming that the legal representative is the parent of a disabled child under the age of 18 or a disabled child of group I. An adoption certificate or a court decision to establish this fact is accepted as a document confirming the adoption. As a document confirming the establishment of guardianship (guardianship), certificates, decisions and other documents issued by guardianship and guardianship authorities in accordance with the legislation of the Russian Federation on guardianship and guardianship are accepted;
in) a certificate from the authority that assigns and pays pensions at the place of residence or place of stay of the caregiver that a pension has not been assigned to this person;
G) certificate (information) of the employment service authority at the place of residence of the caregiver about his non-receipt of unemployment benefits;
e) an extract from the certificate of examination of a citizen recognized as a disabled child under the age of 18 or disabled since childhood of group I, sent by the federal state institution of medical and social expertise to the body that pays the pension, or a medical report on recognizing a child under the age of 18 as disabled;
e) identity document and work book (if any) of the caregiver;
g) permission (consent) of one of the parents (adoptive parent, guardian) and the guardianship and guardianship authority to care for a disabled child under the age of 18 or a disabled child of group I for students who have reached the age of 14 years, in their free time from study. A birth certificate is accepted as a document confirming that the specified person is a parent. An adoption certificate or a court decision to establish this fact is accepted as a document confirming the adoption. As a document confirming the establishment of guardianship, certificates, decisions and other documents issued by guardianship and guardianship authorities in accordance with the legislation of the Russian Federation on guardianship and guardianship are accepted;
h) certificate of the organization carrying out educational activities, confirming the fact of full-time education of the caregiver;
and) certificate (information) on the non-assignment of a monthly payment for caring for a disabled child under the age of 18 or a disabled child from childhood of group I, who is a recipient of a pension in accordance with the Law of the Russian Federation "On pensions for persons who have completed military service, served in internal cases, the State Fire Service, the authorities for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families”, issued by the body that pays the corresponding pension;
to) documents confirming that the caregiver is a parent (adoptive parent) or guardian (curator) of a disabled child under the age of 18 or a disabled child of group I. A birth certificate is accepted as a document confirming that the caregiver is the parent of a disabled child under the age of 18 or a disabled child of group I. An adoption certificate or a court decision to establish this fact is accepted as a document confirming the adoption. As documents confirming the establishment of guardianship (guardianship), certificates, decisions and other documents issued by guardianship and guardianship authorities in accordance with the legislation of the Russian Federation on guardianship and guardianship are accepted.

The body paying the pension is not entitled to require the submission of the documents (information) specified in subparagraphs "c" - "e" and "i" of paragraph 5 of the Rules dated 02.05.2013 No. 397 by the caregiver. These documents (information) are requested the body paying the pension from the relevant authorities in the order of interdepartmental information interaction.
An interdepartmental request is sent by the body paying the pension within 2 working days from the date of submission of the application by the caregiver in the form of an electronic document using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, and in the absence of access to this system - on paper in compliance with the requirements of the legislation of the Russian Federation in the field of personal data.
The documents (information) specified in subparagraphs "c" - "e" and "i" of paragraph 5 of these Rules are provided by the relevant authorities at the request of the authority paying the pension, within 3 working days from the date of its receipt.

The caretaker has the right to submit these documents (information) on his own initiative.

Applications of a caregiver and a disabled citizen (his legal representative) can be submitted in the form of an electronic document using public information and telecommunication networks, including a single portal of state and municipal services.

In accordance with the Decree of the President of the Russian Federation of December 26, 2006 No. 1455, the right to compensation payment for care is granted to non-working able-bodied persons. According to Art. 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract is allowed with persons who have reached 16 years, respectively, the generally established working age is reached when a citizen is 16 years old.

However, persons who have received general education or are receiving general education and have reached the age of fifteen years old may enter into an employment contract for the performance of light work that is not harmful to their health.

In addition, with the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a person receiving a general education and who has reached the age of fourteen years old, to perform light labor in his free time from education, which does not harm his health and without prejudice to the development of the educational program.

Thus, in order to establish a compensation payment to persons who have reached the age of 14, in addition to the above documents, the consent of one of the parents (trustee) and the guardianship and guardianship authority to care for a disabled citizen is required.

The documents necessary for the appointment of a compensation payment are submitted to the territorial body of the Pension Fund of the Russian Federation that pays a pension to a disabled citizen. The territorial body of the PFR, which accepted the documents, issues a receipt for their acceptance.

Deadlines for consideration of an application for the appointment of compensation and monthly payment

The application of the caregiver, with the documents attached to it, is considered by the body that pays the pension within 10 working days from the date of its receipt.

In case of refusal to satisfy the application of the caregiver, the body paying the pension, within 5 working days from the date of the relevant decision, notifies the caretaker and the disabled citizen of this in writing, indicating the reason for the refusal and the procedure for appealing the decision .

In the event that not all the necessary documents are attached to the applications, the body disbursing the pension shall give the caregiver an explanation of which documents he/she must submit additionally.

If such documents are submitted no later than 3 months from the date of receipt of the relevant explanation, the month of applying for compensation payment is considered the month of receiving the application.

Deadline for compensation payment

Compensatory and monthly payments to persons caring for disabled citizens are established from the month of application with the application and documents necessary for the appointment of these payments, but not earlier than the day the right to these payments arises, for the entire period of care.

Payment of compensation

The compensation payment is established to the caregiver in respect of each disabled citizen for the period of care. In this case, the payment of compensation is made to the pension assigned to the disabled person and is carried out in the manner established for the payment of the corresponding pension. Making a compensation payment stops from the first day of the month following the one in which the following circumstances occurred:

- the death of a disabled citizen or a person who provided care, as well as their recognition in accordance with the established procedure as dead or missing;

- termination of care by the person who provided care, confirmed by the statement of the disabled citizen (legal representative) and (or) the inspection report of the body paying the pension;

- the appointment of a person providing care, a pension, regardless of its type and size;

- the appointment of a caregiver, unemployment benefits;

- performance by a disabled citizen or a caregiver of paid work (this rule does not apply to disabled children under the age of 18 and disabled people from childhood of group 1);

- the expiration of the period for which the I disability group was established for a disabled citizen, the category "disabled child";

- placement of a disabled citizen in a social service organization that provides social services in a stationary form;

- the achievement by a disabled child of the age of 18 years, if upon reaching this age, the I group of disability from childhood has not been established;

- placement of a disabled citizen, including a disabled child under the age of 18 or a disabled person from childhood of group I, in a social service organization that provides social services in a stationary form.

Termination of the monthly payment is made from the 1st day of the month following the month in which the listed circumstances occurred.

In the event that a disabled citizen changes his place of residence, the territorial body of the Pension Fund of the Russian Federation at the former place of residence suspends the implementation of the compensation payment. If this disabled citizen continues to be cared for by the same person, the territorial body of the Pension Fund of the Russian Federation that pays a pension at a new place of residence, at the request of the caregiver, resumes the payment of compensation from the first day of the month following the one in which its payment was suspended at the previous place residence.

At the same time, the territorial body of the Pension Fund of the Russian Federation has the right to request that the caregiver re-submit documents confirming the right to receive compensation payments. The amounts of the appointed compensation payment, not received in a timely manner, are paid for the entire past time, but not more than three years before applying for their receipt. Amounts of compensation payments that have not been paid in a timely manner due to the fault of the body appointing and paying such compensation shall be paid for the entire past time without limitation by any period.

Responsibilities of the caregiver

The caregiver, in the event of going to work, granting him a pension, unemployment benefit, as well as in the presence of other circumstances that entail the termination of the compensation payment, is obliged to inform the territorial body of the Pension Fund of the Russian Federation that appointed (pays) the specified compensation within 5 days about occurrence of such circumstances.

Reading 8 min. Views 85 Posted Oct 14, 2015

Today we will talk about the payment, which is a partial compensation for lost earnings to non-working able-bodied persons caring for disabled citizens. This payment is provided for by Decree of the President of the Russian Federation of December 26, 2006 No. 1455 “On compensation payments to persons caring for disabled citizens”. Currently, 491 people receive compensation payments in the Yuryevets district. To tell about this type of payment, the editorial staff member M. Krainov asked Z.V. Kuzmin.

- Zinaida Vladimirovna, what is the amount of the compensation payment?

– The amount of the monthly compensation payment is 1200 rubles.

- Who belongs to disabled citizens, whose care gives the right to establish a compensation payment?

- These disabled citizens include: disabled people of the first group, disabled children under the age of 18, the elderly who, according to the conclusion of a medical institution, need constant outside care, or who have reached the age of 80 years.

- Did I understand correctly that persons who have reached the age of 80 are considered disabled, regardless of their state of health, and no additional certificates from medical institutions are required?

- Yes this is true. The conclusion of a medical institution on the need for constant outside care is required only for those citizens who have not reached the age of 80.

- Is it possible to assign a compensation payment if a conclusion on the need for permanent outside care is issued to a disabled person of the second group who has not reached the generally established retirement age?

- Unfortunately no. The circle of persons whose care gives the right to establish a compensation payment is limited by the current legislation. In this case, not the first, but the second group of disability is established. And the conclusion of a medical institution about the need for constant outside care has legal significance only for elderly citizens.

- Under what conditions and to whom is the compensation payment due?

- It is assigned to persons living in the territory of the Russian Federation, if they are able-bodied, do not work and do not receive unemployment benefits, care for the listed categories of disabled citizens.

- Payment is due only to relatives living together and caring for disabled citizens?

- The specified payment is established for able-bodied persons, regardless of family relations and the fact of cohabitation with disabled citizens.

What is meant by care? Are there any provisions in the law that spell out what the duties of an able-bodied person in caring for them are?

- No, the current legislation does not contain any list of functions that must be performed by persons caring for disabled citizens. The scope of these duties is determined by the disabled pensioner.

- Is a wife who cares for her disabled husband of the first group entitled to a compensation payment if she herself is a pensioner and receives an old-age pension?

– No, persons who are recipients of pensions do not belong to able-bodied citizens. Even if this woman was granted a pension ahead of schedule, for example, in connection with pedagogical, medical activities, or for some other reason. The type of pension does not matter. Persons receiving any pension, regardless of its type and the basis of appointment, are considered disabled.

- Can a non-working student who is caring for a grandmother who has reached the age of 80 be assigned a compensation payment?

- Yes maybe. Even the fact that he receives a scholarship does not matter when establishing the compensation payment.

- And if care is forced to be carried out by a family member who has not reached the age of majority? For example, in a family there is an 11-year-old disabled child, parents work, but there is a 15-year-old sister who, after school, will feed, look after, and provide the necessary assistance.

– Compensation payment is issued if the caregiver has reached the age of 16. But there may be situations when the said payment can be established earlier than this age, if this does not contradict labor laws. So, in cases of receiving general education or continuing to master the main general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract may be concluded by persons who have reached the age of 15 years.

With the consent of one of the parents and the body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of 14 to perform light work in his free time from school that does not harm his health and does not violate the learning process. Compensation payment to minors caring for disabled citizens can be established taking into account these provisions of labor legislation.

Persons caring for disabled citizens do not have the right to establish a monthly compensation payment if they are registered with the employment service and receive unemployment benefits.

– Does a woman caring for a disabled child, who is on leave to care for this child until the child reaches the age of 3, have the right to establish a compensation payment?

- For such a woman, in accordance with labor legislation, the place of work (position) is retained. And since the employment relationship has not stopped, such a woman is considered to be working. Accordingly, she does not have the right to establish a monthly compensation payment.

- If an able-bodied person takes care of two disabled citizens, will he be compensated for each such citizen? For example, an able-bodied daughter does not work and is caring for her mother and father who have reached the age of 80.

- Yes, compensation payments are established to one non-working able-bodied person in relation to each disabled citizen. Therefore, in the said situation, the able-bodied daughter caring for her parents will receive two compensation payments.

- Who is the compensation payment paid to: an able-bodied person or a disabled citizen?

- Despite the fact that the specified payment is intended for an able-bodied caregiver, it is made to the pension assigned to the disabled citizen, and he himself manages the amount received.

- What documents are required to apply for compensation?

– The following documents are to be submitted for the purpose of the compensation payment: application of the caregiver. It is issued on the form of the established sample. In this application, an able-bodied person must indicate the date of commencement of care and data on his place of residence, a statement by a disabled citizen about consent to care for him by a specific person. Parents caring for a disabled child do not need to make such a declaration; in relation to the caregiver: passport, work book, certificate from the body that pays the pension at the place of his residence that the pension was not assigned to him, a certificate from the employment service authority that he did not receive unemployment benefits. In relation to a disabled citizen: a passport, a work book, a document confirming the fact of the establishment of group 1 of disability, a document recognizing a child under the age of 18 as disabled, a conclusion of a medical institution on the need for an elderly citizen in constant outside care. If documents on belonging to disabled citizens are available in the pension file, their submission is not required.

– What if the applicant has only a part of the required documents at the time of applying?

– If not all the required documents are attached to the applications, the caregiver will be given an explanation of what additional documents need to be submitted. If such documents are submitted no later than 3 months from the date of receipt of the relevant explanation, the month of applying for compensation payment is considered the month of receiving the application.

- How long does it take to consider documents on the appointment of compensation payments?

- The decision on the appointment of a compensation payment is made by the body that pays the pension within 10 days from the date of submission of applications with all the necessary documents.

- And if, for some reason, the appointment of a compensation payment is denied, is the caregiver or the disabled citizen informed about this?

- In the event of a refusal to assign a compensation payment, the body paying the pension, within 5 days from the date of the relevant decision, notifies the caregiver and the disabled citizen or his legal representative, indicating the reason for the refusal and the procedure for appealing the decision.

- How long is the compensation payment?

- The compensation payment is assigned from the month in which the caregiver applied for its appointment with applications and all necessary documents to the territorial body of the PFR, but not earlier than the day the right to the specified payment arises. Such a day may be the day of dismissal from work of an able-bodied person, the day of termination of payment of unemployment benefits to him, the date indicated in the application for the start of care for a disabled citizen; the day the citizen being cared for is recognized as a disabled person of the first group, a disabled child; the day the elderly citizen is issued a certificate from a medical institution stating that he needs constant outside care, or the day he reaches the age of 80, etc.

- Over what period is the compensation payment made?

- Compensation payment is established for the period of care for a disabled citizen. The implementation of the compensation payment is terminated upon the occurrence of the following circumstances: the death of a disabled citizen or a person who provided care; termination of care, confirmed by a statement of a disabled citizen or an act of inspection of the body that pays the pension; granting a caregiver a pension, regardless of its type and amount, or unemployment benefits; the performance by a disabled citizen or a caregiver of paid work; the expiration of the period for which the first disability group or the category “disabled child” was established for a disabled citizen; achievement by a disabled child of the age of 18 years, if upon reaching this age the first group of disability is not established; placement of a disabled citizen in a state or municipal stationary social service institution; deprivation of a parent caring for a disabled child of parental rights.

- Who informs the territorial bodies of the FIU about the occurrence of these circumstances?

– The caregiver is obliged to notify the body disbursing the pension within 5 days of the occurrence of circumstances leading to the termination of the compensation payment. Otherwise, he will have to reimburse the overpaid amounts.

How long does it take for compensation to be paid?

– Termination of the implementation of the compensation payment is made from the 1st day of the month following the month in which the named circumstances occurred.