Everything about benefits for parents with a disabled child. How to determine the amount of early pension for the mother of a disabled child Labor guarantees for parents of a disabled child

In 2015, laws providing for the protection of the rights of socially vulnerable segments of the population, especially children with disabilities, continue to be observed. Funds were sent from the state budget to regional budgets to pay social benefits. benefits for disabled children , disabled children, as well as their parents, legal guardians and close relatives.

Mothers of disabled children and their families are entitled to the following benefits:

Pension benefits;
- Labor laws;
- Housing benefits;
- Transport benefits;
- Benefits for medical, sanatorium-resort and prosthetic and orthopedic services;
- Raising and teaching children;
- Tax benefits;
- Monthly cash payments (MCP).

Pension provision for a disabled child includes a social pension and supplements to it. In addition, non-working able-bodied persons have the right to monthly benefits, the so-called compensation payments for caring for a disabled child. This amount is 60% of the minimum wage.

Persons caring for disabled children have the right to pension benefits:

The period of caring for a disabled person is counted towards seniority.
The mother of a child with special needs, raising a child until the age of 8 and beyond, has the right to retire 5 years earlier. However, a mandatory condition is to have a total work experience of at least 15 years.

According to the federal program, in 2015 social disability pensions are set in the following amounts:

Disabled people of the 1st group since childhood, disabled children - 10,376 rubles;
Disabled people of the 1st group, disabled people from childhood of the 2nd group 8647 rubles;
Disabled people of the 2nd group 4323 rubles;
Disabled people of the 3rd group – 3675 rubles.

provide a monthly cash payment. According to the federal decree of February 26, 2013, payments are assigned based on the provided package of documents, without any additional application. Depending on the degree of relationship, payments range from 1,200 rubles (relatives) to 5,500 rubles (parents, adoptive parents, legal guardians).

If the family does not have the documents necessary to confirm the relationship, then the territorial bodies of the Pension Fund of the Russian Federation must complete the pension files and supplement them with the necessary documents.

Preferential taxation for families with disabled children

tax code Russian Federation provides monthly tax deductions for families supporting a child under 18 years of age (up to 24 years of age if the child is in full-time education). The amount of tax deduction is 3000 rubles.

Tax benefits are provided to the family on the basis of a pension certificate, as well as decisions of the guardianship and trusteeship authorities, medical certificates from the Ministry of Health, which indicate the need special care for a disabled person. However, all these benefits are available only with a certificate from the housing authority confirming the joint residence of the applicant and the disabled child.

Benefits under labor legislation

As part of the law providing for the protection of children with disabilities, additional benefits are provided for labor legislation. Among them:

Benefits for women who have disabled children under 16 years of age. They have the right to work part-time or part-time. In this case, payment is not made in in full, but in proportion to the working time spent;
TO overtime work women who have disabled children in their care should not be involved. In addition, they cannot be sent on work trips or business trips without their consent;
Women with disabled children, it is prohibited to refuse employment or employment for reasons related to the presence of a disabled child who needs special care;
Fire single mothers with disabled children is prohibited.
At the choice of parents, one of them is given 4 additional days off per month after the child reaches 18 years of age.

Housing benefits

According to federal law, families with disabled children have the right to a discount on housing and communal services of at least 50%. This includes:

Monthly payment for the apartment;
Payment for housing and communal services;
- Payment of the cost of fuel in houses without central heating, which was purchased within the permissible quantity;
- Payment for telephone services.

In addition, this category of citizens has the right to priority improvement of housing conditions. Housing is provided to persons who have an urgent need for it if they suffer from severe forms of certain chronic diseases. These include mental illness different forms and damage to the central nervous system with impaired function of the limbs, spinal injuries, etc.

In addition, citizens specified in Decree of the Government of Russia No. 214 and the order of the Department of Health can apply for additional living space. According to the law, the living space in which a disabled person lives (including a separate room) is not considered excess living space. Payment for it is made in the usual single amount, taking into account all the benefits provided.

Transport benefits

Disabled children, as well as their parents and legal guardians (trustees), have the right to free travel on all public transport, except taxis. The same benefits apply to a person accompanying a disabled person of group 1 or a disabled child.

Disabled children and their accompanying persons (one accompanying person is provided for each) who have a pension certificate and an identity document;
parents (guardians, trustees) of a disabled child who have a uniform certificate issued by social security authorities, as well as an identity document.

In addition, persons with disabilities have the right to:

50% discount on fares on intercity lines in all modes of transport, including air, rail, river and road. The benefit is valid from 1.10 to 15.05 once (one round trip).

Education and training of disabled children

Disabled children have a priority right to placement in preschool educational institutions. The corresponding right is enshrined in the Decree of the President of Russia of October 2, 1992. Parents of children who have disabilities in physical or mental health are exempt from paying for educational services in educational institutions.

If the health condition of a disabled child does not allow attending a preschool institution general type, he is sent to a special preschool institution. In addition, a disabled child has the opportunity to study at home or in non-state educational institutions.

In accordance with federal program, financial support for such educational institutions is carried out according to inflated tariff standards. Children and adolescents with developmental disabilities are distributed to the specified educational institutions only with the consent of their parents or legal guardians. However, this requires the conclusion of a psychological-pedagogical and medical-pedagogical commission.

Disabled children have the right to health care benefits, including:

Free receipt of medications necessary for treatment.
- Free prosthetics and services from specialists in prosthetic and orthopedic medical institutions.
- Free provision of wheelchairs and bicycles.
- Free rest for a disabled child and his accompanying person in a sanatorium;
- Issue sick leave for the period of sanatorium treatment of the child (taking into account the time spent traveling to the place of recovery).

There are no other people's children! There are indifferent adults. If a child with disabilities is growing up in your family, then it is in your power to provide him with a comfortable existence. Social help from the state is not a means of earning money, but serves as an instrument of financial support for a socially unprotected category of citizens who are in greater need of care and attention than others.

What is the size early retirement mother of a disabled child? Under what conditions is it accrued and how to apply? Parents are entitled to other benefits regardless of their financial status.

Legislative regulation of the issue

You need to know that in order to retire early if the child is disabled, the father or mother will have to confirm with documents the fact that they need to be with him constantly. The money will arrive simultaneously with the child’s pension. You cannot receive this payment and unemployment payments from the labor exchange at the same time.

The right to a pension earlier than the statutory period applies only to those who raised a child at least until the age of 8, but not less than this period.

The preferential pension for the mother of a disabled child since childhood is established indefinitely.

Design rules

The registration steps are as follows:

Collection of a complete package of documents.
All copies are notarized.
Collected papers are sent by mail or delivered in person.

The package of documents includes:

individual insurance account number;
identification document;
certificate from municipal authorities about cohabitation with baby;
labor;
disability for a child;
marriage and birth certificates.

If necessary, submit additional documents or, if not the entire package has been collected, it is allowed to deliver the papers within 3 months. Completed documents for an early preferential pension for parents caring for a disabled child must be submitted to Pension Fund. The payment is scheduled from the month in which the documents were received. If a person managed to submit papers before the 15th day, then the accrual will occur from the 1st day of the current month.

Additional benefits and allowances for parents of a disabled child

The right to early retirement for parents of disabled children is not the only benefit. The state also provides other benefits to families, regardless of their financial situation.

The health impairment must be:

persistent;
caused by disease, injury or defect;
obvious, i.e. there is a complete/partial loss of self-care or cannot communicate, control themselves, or learn.

A child is considered disabled from the moment his status is registered and, as a result, he receives a pension certificate. We have already written in detail about the rights of disabled people of group 1 in Russia.

For education

Article 19 of the Federal Law of November 24, 1995 N 181-FZ The state ensures the necessary rights of disabled children to receive education, which is accessible to the public. Available free of charge in government and municipal institutions the following types education:

preschool education (kindergarten);
general education: primary, basic, secondary (school: 1-4, 5-9, 10-11 grades);
secondary vocational education (technical school, college);
higher education (institutes, universities, academies).

General and secondary vocational education is carried out according to adapted and/or individual educational programs rehabilitation of disabled people.

Separately, it is necessary to say about the education of disabled children in schools. Depending on the nature of the disability, children can study both in regular schools, where they should be provided with psychological and pedagogical support, and in special correctional schools. If there is no correctional school in your region or the child is unable to attend school due to health reasons, parents choose one of three options:

Training at the Center distance learning(CDC), where students are enrolled; training is carried out by teachers of the Central Educational Center (Letter of the Ministry of Education and Science of Russia dated December 10, 2012 N 07-832 “On the direction Methodological recommendations on organizing home education for disabled children using distance learning technologies").
at home: employees educational organization come to the child’s home or to the medical facility where the child is undergoing rehabilitation. This requires a written request from the child’s parents/representatives and a conclusion from a medical organization.
at home in uniform family education (Letter of the Ministry of Education and Science of Russia dated November 15, 2013 N NT-1139/08 “On the organization of education in the family form”). In this case, parents take on the responsibility of providing targeted organization of learning and knowledge necessary in Everyday life. However, the school is not responsible for the quality of education. Training occurs with the simultaneous obligation of the student to pass intermediate and state certification at school. This form of education can be changed with the consent of the parents and the opinion of the child.

Disabled children can enter higher/secondary vocational education within the established quotas for budget places educational establishments provided that the entrance exams are passed.

Art. Art. 17 and 28.2 Federal Law dated November 24, 1995 N 181-FZ it is stipulated that due to budget funds federal significance families with disabled children are provided with living quarters if they need improved housing. Disabled children have the right to housing! The procedure for provision is regulated in more detail by each constituent entity of Russia individually.

Procedure for providing apartments for persons registered after 01/01/2005. has two options:

Obtaining an apartment under a social tenancy agreement. It is necessary to contact the authorized body at your place of residence to apply for improvement of living conditions. If the child’s disability is associated with a severe chronic disease, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
Obtaining an apartment under a free use agreement. In Moscow, the size of the premises provided must be at least 18 sq.m. living space per person at the average market value, which is determined in each constituent entity of the Russian Federation separately. The application is submitted to the Department of Housing Policy and Housing Fund of Moscow.

Decree of the Government of the Russian Federation dated July 27, 1996 N 901 “On providing benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utilities» families with disabled children the following benefits are provided:

a 50% or more discount on payment for a state or municipal apartment, payment for utilities and telephone subscription fees;
a 50% or more discount on fuel payments in houses without central heating;
priority right to receive land plot for private development, dacha farming/gardening.

The right of disabled children and their family members to receive cash payments

disabled children receive monthly cash payment (MAP), which is indexed once a year. In 2015 it is 2,123.92 rubles. If the child is on EDV at the same time for various reasons, then the parent/representative is given the right to choose receiving EDV on any one basis (Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ).
disabled children receive monthly social pension for disability and allowances for it. In 2015, the amount is 10,376.86 rubles. (Federal Law dated December 15, 2001 N 166-FZ “On State pension provision in the Russian Federation").
able-bodied persons who care for a disabled child receive monthly cash payment(Decree of the President of the Russian Federation dated February 26, 2013 N 175 “On monthly payments persons caring for disabled children and disabled children of group I since childhood"): - parents/adoptive parents/guardians/trustees of a disabled child under the age of 18 or a disabled child of group I in the amount of 5,500 rubles; - to other persons in the amount of 1,200 rubles.

This payment is summed up with the pension established for the disabled child for the period during which he is cared for. One of the non-working parents can receive EDV for the period of such child care.

Rights and benefits of families with disabled children

In addition to receiving cash payments, disabled children and their parents/representatives have various benefits not only in the field of housing. You can receive for free:

Medicines prescribed by law;
Sanitary-resort treatment once a year, with round-trip travel paid;
Medical supplies (wheelchairs, special shoes, etc.);
Medical treatment;
Special literature for children with vision problems;
literature published on tape cassettes and in embossed dot Braille, etc. a) the rights of parents of a disabled child at work are provided for by Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” additional rights mother of a disabled child.
Prohibition of overtime work and sending on business trips without the woman’s consent;
Right to shortened working hours/short-time working week if there are dependent children under the age of 16;
Prohibition of refusal to hire or reduction of salary for reasons related to the presence of a disabled child;
A ban on the dismissal of single mothers at the initiative of the administration, with the exception of cases of liquidation of an organization or the introduction of bankruptcy proceedings.

One of the working parents and the representative of a disabled child is given 4 additional days off per month. The rights of parents of disabled children in labor legislation are described by the reduction of the working day in Article 93 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Chapter 15, Article 93. Part-time work

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

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

If the child is disabled, do the parents have the right to retire early?

IN general procedure Men retire at age 60, and women at 55. This period May be reduced to one of the parents for five years(respectively for men at 55, for women at 50), if the parent raised a disabled person from childhood until he reached the age of 8 and subject to insurance coverage: for men 20 years, for women 15 years.

Guardians of disabled people since childhood, who established guardianship until the disabled child reaches 8 years of age, are assigned an old-age labor pension with an age reduction of one year for every 1.5 years of guardianship, but not more than 5 years.

The main condition is the presence of an insurance period the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years.

A pension is assigned even if a disabled child has died, it is important that parents/guardians raise him until he is 8 years old.

Protection of the rights of disabled children

Persons, regardless of their position, who are guilty of violating the rights and freedoms of persons with disabilities are liable for Article 32 of the Federal Law of November 24, 1995 N 181-FZ.

All disputes arising from the determination of disability, the implementation of individual rehabilitation programs for disabled people, the provision of specific measures and the violation of other rights and freedoms of disabled people are considered in court.

Conclusion

Disabled children are one of the vulnerable groups of the population, therefore, in order to equalize their rights, the legislator has provided for the provision of various rights and guarantees to them and their families. Read about disability rights for children with epilepsy.

There is nothing worse than being left alone with trouble. Especially if this misfortune is associated with the child’s illness and, as a result, disability. Fortunately, we still live in a socially responsible state, and the government of the Russian Federation and regional administrations provide material and organizational support to disabled children and their parents.

Types of benefits for mothers and families with disabled children

Pension benefits;

Benefits under labor legislation;

Housing benefits;

Transport benefits;

Education and training of disabled children;

Benefits for medical, sanatorium-resort and prosthetic and orthopedic services;

Income tax benefits;

Benefits for disabled children.

Pension benefits

Disabled children are provided with social pension and its allowances. (RF Law “On State Pensions”, Articles 17, 21, 38, 113, 114, 115.)

Monthly compensation payments to unemployed people able-bodied persons caring for a disabled child in the amount of 60% of the minimum wage. (Decree of the President of the Russian Federation of March 17, 1994 No. 551)

To the mother of a disabled child who raised him until the age of 8, a pension is accrued from the age of 50 with a work experience of 15 years. The time spent caring for a disabled child is counted as work experience. (Law of the Russian Federation “On State Pensions”. Art. 11, 92(b).)

Benefits under labor legislation

A woman who has a disabled child under 16 years of age has the right to a part-time working week or part-time working day with payment in proportion to the time worked. (Russian Labor Code, Article 49.)

It is prohibited to involve women with disabled children in overtime work or send them on business trips without their consent.

It is prohibited to refuse employment to women or reduce their wages for reasons related to the presence of a disabled child.

It is prohibited to dismiss single mothers with a disabled child on the initiative of the administration, except in cases of complete liquidation of an enterprise, institution, or organization, when dismissal with mandatory employment is allowed. (Russian Labor Code, Article 54, 170.) One of the working parents (guardians, trustees) of a disabled child and a disabled person under 18 years of age is provided with 4 additional days off per month, which can be used by one of the parents (guardians, trustees) or divided them among themselves at their own discretion. (Russian Labor Code, Article 1631. Explanation of the Ministry of Labor and Social Insurance of the Russian Federation dated July 16, 1995, No. 48/40.)

Housing benefits

The right to priority provision of residential premises. First of all, residential premises are provided to persons in need of improved housing conditions, suffering from severe forms of certain chronic diseases listed in the list of diseases approved by order of the USSR Ministry of Health No. 330 dated March 28, 1983.

In particular:

Mental illnesses with chronic course, persistent psychopathic symptoms and pronounced changes personality (schizophrenia, manic-depressive psychosis, epilepsy);

Organic lesions of the central nervous system with persistent severe impairment of limb functions, functions pelvic organs(cerebral palsy, consequences of traumatic brain injuries, spinal injuries, multiple sclerosis, amyotrophic lateral sclerosis, syringomyelia). (Housing Code of the Russian Federation, Art. 36.)

The right to additional living space in the form of a separate room or an additional 10 sq. m. meters have separate categories citizens with diseases, the list of which was approved by Decree of the Government of the Russian Federation No. 214 of 02.28.96 and Order of the Moscow Department of Health of 26.03.96 No. 175. (Housing Code of the Russian Federation, Art. 39. Decree of the Government of the Russian Federation No. 901 of 27.07. '96)

Registration is carried out taking into account the right to additional living space. Including:

Mental illnesses requiring compulsory dispensary observation;

Organic lesions of the central nervous system with persistent severe dysfunction lower limbs requiring the use of wheelchairs. (Housing Code of the Russian Federation, Art. 39. Decree of the Government of the Russian Federation No. 901 of July 27, 1996).

Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided. ( the federal law RF "O social protection disabled people in the Russian Federation" dated November 24, 1995 No. 181-FZ, art. 17.) Disabled people and families containing disabled people are given the right to priority receipt land plots for individual housing construction, farming and gardening. (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Art. 17.)

Disabled people and families with disabled children are given a discount of at least 50% on rent (in state, municipal and public housing) and utility bills (regardless of the housing stock), and in residential buildings that do not have central heating , – from the cost of fuel purchased within the limits established for sale to the public. This includes a 50 percent discount on the telephone subscription fee. (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Art. 17)

Transport benefits

Disabled children, their parents, guardians, trustees and social workers caring for disabled children, as well as disabled people enjoy the right to free travel on all types of transport common use city and suburban services, except taxis. These benefits apply to a person accompanying a disabled person of group I or a disabled child.

The right to free travel on all types of urban public transport In addition to taxis, the following is provided:

A disabled child and an accompanying person (no more than one accompanying person);

Based on a pension certificate and an identity document;

Parents (guardians, trustees) of a disabled child - on the basis of a uniform certificate issued by social protection authorities and an identity document. (Sample certificate - see appendix.) (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Art. 30).

Disabled persons are given a 50 percent discount on the cost of travel on intercity lines by air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year.

Disabled people of groups I and II and disabled children are given the right to free travel once a year to the place of treatment and back, unless more preferential conditions are established by the legislation of the Russian Federation.

These benefits apply to a person accompanying a disabled person of group I or a disabled child.

Disabled children and their accompanying persons are given the right to free travel to the place of treatment (examination) on buses on suburban and intercity intraregional routes. (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Article 30.).

Education and training of disabled children

For disabled children preschool age the necessary rehabilitation measures are provided and conditions are created for staying in general preschool institutions. For disabled children whose health condition excludes the possibility of their stay in general preschool institutions, special preschool institutions. (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, Art. 18.) Priority placement of disabled children in preschool education. (Decree of the President of the Russian Federation dated October 2, 1992) Exemption from fees for preschool education for parents with children who, according to the conclusion medical institutions, deficiencies in physical or mental development. (Resolution of the Supreme Council of the Russian Federation dated March 6, 1992 No. 2464-1.)

Possibility of raising and teaching disabled children at home and in non-state educational institutions.

The procedure for raising and educating disabled children at home and in non-state educational institutions, as well as the amount of compensation for parents’ expenses ( legal representatives) for these purposes. (Approved by Decree of the Government of the Russian Federation dated July 18, 1996 No. 861.)

For children and adolescents with developmental disabilities, educational authorities create special (correctional) educational institutions (classes, groups) that provide their treatment, education and training, social adaptation and integration into society. (Federal Law of the Russian Federation “On Education” dated December 29, 2012, No. 273-FZ, Art. 79.)

Financing of these educational institutions is carried out according to increased standards. The categories of students and pupils sent to the specified educational institutions, as well as those kept on full state support, are determined by the Government of the Russian Federation. Children and adolescents with developmental disabilities are sent to the specified educational institutions only with the consent of parents (legal representatives) based on the conclusion of the psychological-pedagogical and medical-pedagogical commissions. (Model Regulations on special (corrective) educational institution for students and pupils with developmental disabilities. Approved by Decree of the Government of the Russian Federation dated March 12, 1997, No. 288.)

Benefits for medical, sanatorium-resort and prosthetic and orthopedic services

Free dispensing of medicines according to doctors' prescriptions. (Resolution of the Government of the Russian Federation dated July 30, 1994, No. 890.)

Free supply of prosthetic and orthopedic products by enterprises and organizations of the Ministry of Labor and social development RF. (Resolution of the Government of the Russian Federation dated July 10, 1995) Free software bicycles and wheelchairs. Free sanatorium voucher for a disabled child and his accompanying person. (Order of the Ministry of Health of the RSFSR dated 07/04/91, No. 117.)

Issuing a certificate of temporary incapacity for work for the period of sanatorium treatment of a child, taking into account travel time, to one of the parents, if there is a conclusion about the need to care for such a child.

Income tax benefits

The total income received during the taxable period is reduced by the amount of income not exceeding three times for each full month during which the income was received established by law the amount of the minimum monthly wage of one of the parents (at their choice), who is supporting the person living with him and demanding ongoing care disabled child.

The benefit is provided on the basis of a pension certificate, decisions of guardianship and trusteeship authorities, medical certificate health authorities confirming the need for such care, and a certificate from the housing authority about cohabitation. It is also necessary to present a certificate stating that the other parent does not use such a benefit. If the parents are divorced, a document confirming this fact. (According to the second part Tax Code RF)

Benefits for disabled children

In order to strengthen the social protection of citizens raising disabled children, on February 26, 2013, the President of Russia signed Decree No. 175 “On monthly cash payments to non-working able-bodied persons caring for a disabled child under the age of 18 or a group I disabled person since childhood,” providing for the establishment of appropriate payments from January 1, 2013.

The amount of payments is differentiated based on family relationships:

to a parent (adoptive parent) or guardian (trustee) of a disabled child under the age of 18 or a disabled child of group I - in the amount of 10,000 rubles;

other persons - in the amount of 1,200 rubles.

The assignment of payments will be carried out without a declaration on the basis of documents available in the pension files of disabled children.

In the absence of documents confirming family relationships or the status of a guardian, the territorial bodies of the Pension Fund of the Russian Federation will take measures in a form convenient for citizens and agreed upon with them (for example, with a home visit) to complete the registration of pension files with the necessary documents.

Citizens who are currently receiving compensation payment for care (5500 rubles), recalculation from June 1 will not be carried out taking into account the amounts paid.