home Audience 1 What to do if a child is disabled. Financial assistance to parents of disabled children. Where to apply for payment for additional days off

What to do if a child is disabled. Financial assistance to parents of disabled children. Where to apply for payment for additional days off

Helping children with disabilities and disabled people from childhood is regulated at the state level. Such families are entitled to various monthly payments(pension and benefits), as well as several types of labor, monetary and social benefits.

All these types of support from the state are designed to provide the disabled child, his parents and guardians with the most necessary things, to assist him social adaptation, support health and create opportunities that match those of other citizens.

Cash payments for disabled children are processed by application through departments Pension Fund Russia(PFR) or multifunctional cents(MFC). Each of them will require self-registration and submitting the required package of documents.

Set of social services (NSS) for disabled children

For disabled children and persons with disabilities since childhood, receiving monthly cash payment, by law a monthly set is also automatically provided social services V in kind . It consists of three main blocks and can be paid in a specified monetary equivalent.

The recipient of the NSO or his parents (guardians) may refuse from receiving social services in kind, fully or partially, receiving monetary compensation instead. You can change the order in which you receive a set of services only from January 1 each subsequent year, provided that the corresponding application to the Pension Fund is submitted before October 1 of the current year.

Amount of NSO from 02/01/2017, rub.

Note: A child with a disability, as well as a group I disabled person since childhood, who can only travel with an escort, has the right to receive a second trip to the resort for an accompanying person, as well as to be provided with free tickets when traveling to the place of treatment and back.

Since the NSO is part of the EDV, to obtain it you do not need to go to the Pension Fund and write a separate application! When prescribing EDV, a disabled child immediately automatically develops right to NSO in kind, about which the Pension Fund issues a corresponding certificate.

This help contains the following information:

category of beneficiary (disabled child or disabled since childhood);
for what period is the EDV established;
what social services within the NSO a citizen is entitled to in a particular year.

According to this certificate, presented to the medical authorities, preventive institutions or railway ticket offices throughout the country, appropriate social services can be provided.

A citizen also has the right to refuse to receive NSI in kind, receiving instead the cash equivalent as part of the EDV. Relevant statement of refusal from NSO it is enough to submit no later than October 1 of the current year to the territorial body of the Pension Fund - then it will be valid from January 1 of the next year on an ongoing basis until the recipient changes his decision.

Allowance for caring for a disabled child for a non-working parent

If an able-bodied parent (guardian or other person) is caring for a child who requires constant supervision and is unable to work for this reason, he can count on. For the provision of care, each disabled child or disabled child of group I is entitled to a payment in the amount of:

5500 rub.- if care is provided by a parent, adoptive parent or guardian
1200 rub.- if another person is caring for you).

At II and III groups disability for a child after 18 years of age is a benefit not allowed. Below are some other features of its purpose:

when applying for payment, parents (guardians) will need to document that the child needs constant care;
the payment is transferred together with;
benefits are due able-bodied non-working citizens, carrying out, and is not paid to pensioners or recipients of unemployment benefits through the employment service (PES).

Unlike other payments from the Pension Fund, the amount of this benefit not subject to annual indexation. Moreover, until 2013, the payment amount was uniform and amounted to 1,200 rubles. regardless of who provides care, and now an increased amount of 5,500 rubles has been established. for parents and guardians.

To apply for benefits, you will need to contact the Pension Fund with the following: set of documents:

identity card and work book of the caregiver;
2 statements:
- on the assignment of benefits from a non-working able-bodied citizen caring for a child, indicating the start date;
- about consent to provide care from a parent, guardian or other legal representative of a disabled child or a person disabled since childhood of group 1 (not required if the care is provided by these persons themselves);
2 certificates for the caregiver:
- from the pension fund at the place of residence of the caregiver that he is not being paid a pension;
- from the employment service about his non-receipt of unemployment benefits;
an extract from the certificate of examination of a disabled child by the ITU (sent to the Pension Fund independently through interdepartmental interaction channels).

Maternity capital for social adaptation and integration into society

Funds from maternity capital can be spent on purchase of goods and payment for services, aimed at social adaptation and integration into society of a disabled child (any of the children in the family, and not the obligatory one who has given the right to a certificate) in the form of compensation money already spent on it.

In payment medical services, rehabilitation and purchase of medicines to invest funds not allowed! In practice, money from maternity capital It became possible to use it for disabled children only after the release of Decree of the Government of the Russian Federation No. 831-r dated April 30, 2016, approving the list of relevant goods and services (48 items).

Documents that need to be submitted to the Pension Fund for the transfer of maternity capital funds:

statement from the mother;
passport and SNILS of the applicant;
individual program of rehabilitation (habilitation) for a child (IPR, IPRA);
documents confirming the purchase of goods and services for social services. adaptation and integration;
a social security act confirming the availability and compliance of the purchased product with the needs of the child (if the product was purchased and not a service);
applicant's bank account details.

Benefits for disabled children and their parents in 2018

In addition to cash payments, children with disabilities and their parents are provided with many benefits designed to improve their standard of living.

The state assumes the obligation to support families in which family members have special needs, based on the principle categoricality. That is, assistance is provided for each disabled child whose family has grounds for receiving benefits and payments, and not. Those. All these types of assistance are assigned regardless of the family’s financial situation, and the state does not plan to revise this principle in the near future.

Tax deduction for a disabled child in 2018 (personal income tax benefit)

For everyone of disabled children under 18 years of age (or per student according to full-time student, graduate student with disability of 1st, 2nd group up to 24 years old) are provided with a personal income tax benefit, which is due both parents(adoptive parents, guardians) of a disabled child.

Land plot and the right to additional living space

In Art. 17 of Law No. 181-FZ of November 24, 1995 stipulates benefits for families with disabled children regarding living space and the right to improve living conditions. Among them:

The opportunity to obtain residential premises as a property or under a social tenancy agreement if there is a need to improve living conditions (for those registered as needing to improve living conditions). At the same time, the area of the premises under the social tenancy agreement must exceed the standards per person, but not more than twice.
Priority Receipt land plot for the construction of a residential private house, running a subsidiary or dacha farm, gardening.
Compensation 50%:
- to pay for housing and utilities(according to standards);
- to pay a contribution for major housing repairs.

Right to additional living space (separate room or additional 10 sq. m) provided to families in which children suffer from mental disorders, central nervous system lesions with severe consequences and there is a need to use wheelchairs.

Benefits when a child enrolls in college or university

Provided that the child is disabled or has been disabled since childhood passed the entrance examination to higher or secondary special education educational institution, he must be enrolled out of competition without taking into account the data of the certificate. But only on the condition that studying at a particular institution is not contraindicated based on the results of the medical examination.

When entering a university under a bachelor's or specialist's degree program, a disabled child or a person with disabilities from childhood of groups 1, 2, 3 is provided with the following benefits:

the opportunity to enroll without entrance exams on a budget;
admission within the quota upon successful passing of exams;
preferential right to admission (if an applicant without benefits and a disabled person have the same number of points, preference is given to the latter);
free education in the preparatory department, if the child has no contraindications to study in this institution.

These benefits can be used just one time Therefore, you should choose your educational institution and future specialty very carefully.

When submitting an application to an educational institution, you must provide the following documents:

statement;
identification;
confirmation of the applicant’s special rights (certificate of disability);
conclusion of the medical-psychological-pedagogical commission;
conclusion about the absence of contraindications to study at this institution.

Other social support measures for disabled children

Children with special needs can count on such additional types social assistance:

priority admission of preschoolers to kindergartens, free attendance;
opportunity to study school curriculum at home (if the inability to attend school is confirmed by a medical certificate);
free school meals;
gentle regime for passing the Unified State Exam;
assistance from social services in rehabilitation (social, psychological).

Conclusion

Unfortunately, we are still on the way to maximum social adaptation of children and disabled people from childhood to create opportunities for them to full life Russian society There are still many obstacles to overcome. However, the state assumes the responsibility to support disabled children and their families. Support is provided both in monetary form (

What assistance do disabled children and childhood disabled people receive from the state?

Do you need information on this issue? and our lawyers will contact you shortly.

Housing benefits

Benefits for traveling on public transport

Children with disabilities, as well as those accompanying them, receive the right to free use of public transport running on city and suburban routes.

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

The Tax Code provides a number of benefits for parents or guardians of a disabled child:

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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Because on the territory Russian Federation There are more than 600,000 children with disabilities living there, the Government was forced to establish additional guarantees. It's about about all kinds of compensation, benefits, benefits. In addition, labor benefits are provided to parents of disabled children, who must not only provide a child with increased needs with everything necessary, but also work and care for him.

Labor benefits for parents of disabled children in employment

When a child's mother, single father, single mother, guardian or custodian of a minor child seeks employment, he is not required to notify the potential employer that he has a child with a disability in his care. In any case, a person cannot be denied employment on the sole basis that he has children.

When a citizen gets a job, he can present a conclusion to his boss or the personnel department medical and social examination, so that they take a copy there, keep it and promptly provide the employee with all the benefits due to him in connection with raising a disabled child. This will continue until the ITU conclusion expires, until the child is recognized as disabled, until the disability is lifted, or until the child reaches adulthood.

Labor benefits for parents of disabled children in the form of additional days off and vacation days

To ensure that the mother or father (or legal representative) of a child with a disability has the opportunity to care for a sick child, one of them is given an additional 4 days of rest within 30 days. Weekends can be taken only by the mother, or only by the father, or alternate between them according to any scheme. The main thing is that in total both parents are not given more than 4 additional days off per month.

If one of the parents is officially employed, and the other devotes himself to caring for a disabled person or simply cannot find work, all weekends can be used by a working family member. Days off will not be granted automatically - you will have to submit documents and write an application.

Labor benefits for parents of disabled children regarding sick days

If a parent was forced to care for a sick disabled child or stay with him in a hospital, the sick leave period will be paid in full (no more than 120 calendar days per year for one child).

Working conditions and working hours

A parent of a minor child with a disability may request to work part-time or part-time work. By joint decision with the employer, the following may be reduced:

number of working hours and days per week (combination of modes);
number of working days per week (partial week);
number of working hours (part-time or shift).

Registration of travel allowances, assignment to night or overtime work, sending an employee to work on a rotational basis, calling on holidays and weekends can only be carried out with the written consent of the parent of a disabled person.

Restrictions on dismissal of parents of disabled children

If an enterprise reduces its workforce, parents of children with disabilities are the last to be fired. Such employees can only be dismissed if the company is completely liquidated or if there are systematic violations labor discipline or in case of a single serious violation by an employee.

Where to apply for payment for additional days off

Payment for additional days off for the father and/or mother of a disabled child is made from the budget of the Social Insurance Fund of the Russian Federation. But the application and documents must be submitted to the personnel department at the place of work or directly to the head of the enterprise - he will pay additional non-working days at his own expense, and then receive compensation from the Social Insurance Fund.

The FSS does not have the right to refuse additional 4 days off per month based on the fact that the person works part-time and uses the days off at another place of work.

What documents will be needed to receive additional paid days off?

All documents must be provided at the place of work every month, except for the child’s birth certificate and the conclusion of the medical commission - it is enough to present these papers once a year.

To be able to be released from work for 4 days in addition to standard days off, the parent of a child with a disability must prepare the following set of documents:

Document	Where to get it
Application for additional paid days off to care for a disabled child	In free form
Child's birth certificate	Civil registry offices
Certificate stating that a disabled child has not been sent to specialized institution(boarding school, for example)	USZN
Certificate of registration of the second parent as an individual entrepreneur (if the mother or father of the child is an individual entrepreneur, he is not entitled to additional days off)	Federal Tax Service of the Russian Federation
Photocopy work book, certificate of registration with the Employment Center (if the second parent is not employed)	Employment Service
A certificate from the second parent’s place of work confirming that he did not take additional days off in the current month (if the mother or father is employed)	From the second parent's place of work
Certificate of divorce (instead of a certificate from the second parent’s place of work)	Civil registry offices
Death certificate of the second parent (instead of a certificate from the place of work)	Civil registry offices
Certificate of maintenance of the second parent in prison (instead of a certificate from work)	From a correctional facility
Court decision to deprive the second parent of parental rights (instead of a certificate from work)	Court Clerk

Legislative acts on the topic

Common mistakes

Error: The employee presented the ITU conclusion when applying for employment, and the employer found a reason not to accept him into the team.

Parents of disabled children have a number of benefits stipulated by the Labor Code of the Russian Federation. These include some preferential rights regarding. 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 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, a new article 262.1 appeared, according to which the category of workers in question now has additional guarantees:

The right to take compulsory leave 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 days off, you need to fill out an application at writing. The employer is obliged to provide an employee caring for a disabled child with 4 additional days off per month. All these days are paid at the standard rate.

ATTENTION! All provisions discussed here are enshrined in law. However, nothing prevents the entrepreneur from 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 of a medical and social examination confirming disability (the examination must be taken 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:

Submission of an application by one of the parents.
Providing the employee with all necessary documents.
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.
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 that total duration such weekends did 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.

Last updated March 2019

A disabled child requires much more attention, care and time than children without developmental disabilities. This leaves its mark on the life of their family. In this regard, benefits are established at the state level for parents who have a disabled child, which are designed to make work life easier, reduce tax burden, improve the living conditions of such families, and so on. Read on to learn more about what benefits are provided for parents of disabled children by law and how to take advantage of them.

Who is a disabled child

A disabled child is a minor (under 18 years of age) who has:

A health disorder accompanied by a persistent disorder of body functions caused by injuries, diseases, or defects.
Complete or partial loss of the ability for self-care, independent movement, orientation, communication, control of behavior or learning.
Need to receive social measures protection, including rehabilitation and habilitation.

In this case, all of the listed signs must be observed simultaneously. That is, if a child diabetes, but this does not affect him in any way normal functioning, he can take care of himself, move around, etc., then the ITU does not recognize him as disabled.

Although even if all three signs are present, it is not a fact that disability will still be assigned. The level of loss of basic skills in self-care, etc., may be different for each person, so one person may be assigned a disability, while another with the same symptoms may not.

The decision to recognize a child as disabled is made by the ITU commission.

Category “child with childhood disabilities”: does it exist now?

Yes and no. Formally, the category “childhood disabled” existed until 2014, and when the child reached adulthood, he received this status. Now all disabled children, upon reaching their 18th birthday, undergo a new test ITU commission, at which the disability group is determined for them - 1,2 or 3 without the mark “disabled since childhood”.

For those who received this status before 2014, it is retained, as are all benefits provided for children with disabilities.

However, no benefits were provided for parents of disabled children either then (until 2014) or now. That is, in essence, the child’s disability as a basis for receiving benefits “works” until the child turns 18 years old.

Disabled child benefits for parents in 2019

In 2019, there are no fundamental changes regarding benefits for parents of disabled children, except for:

The entry into force of a new act with a list of diseases that are the basis for issuing additional meters of living space (formerly - Decree of the Government of the Russian Federation No. 817 of December 21, 2004, became - List of diseases, approved by Order of the Ministry of Health of November 30, 2012 No. 991n). The new list has increased by one point.
Changes in the pension amount compared to 2018 as a result of indexation.

Otherwise, the volume of benefits at the federal level remained the same. Regional authorities do not have the right to narrow it, that is, to “remove” any of the benefits by their local act, but they can, if the budget allows, introduce additional ones.

First, let’s take a closer look at the federal benefits in force in 2019.

Labor benefits for parents

Part-time work (Article 93 of the Labor Code of the Russian Federation)

Each parent can take advantage of this preference at their place of work. To do this, it is necessary to provide the employer with an ITU conclusion.

The new work schedule is drawn up based on the interests of the employee, not the employer. Moreover, it can be introduced until the basis for providing part-time work disappears, that is, in cases of a disabled child - until he comes of age.

What to do next? If after passing the ITU, an adult child is again recognized as disabled; in the same Article 93, “caring for a sick family member on the basis of medical report" Therefore, in essence, this benefit will remain with the parents even when the child turns 18 years old.

Please note that remuneration for disabled parents is carried out on a general basis, that is, in proportion to the amount of work done or hours worked. However, the use of this benefit does not reduce the vacation time, seniority and does not limit the employee’s other labor rights.

The right to refuse business trips to another region, going to work on holidays, weekends, at night or overtime (Article 259 of the Labor Code of the Russian Federation)

Since this is the employee’s right, he can agree. But in this case, consent must be made in writing. Moreover, when an employer offers such working conditions, he must inform the parent of a disabled child in writing of the right to refuse them. If the employee does not agree, labor legislation protects his interests: he can refuse a business trip and go to work without any consequences for him.

Additional 4 days off per month with preservation of earnings (Article 262 of the Labor Code of the Russian Federation)

This benefit is provided for one parent, or these 4 days can be “split” between parents at their discretion. To use it, you need to write an application to the employer. It is drawn up in the form approved by order of the Ministry of Labor dated December 19, 2014. No. 1055n "On approval of the application form for granting one of the parents (guardian, trustee) additional paid days off to care for disabled children." A sample form is below.

To the Director of April LLC
Kolomoitsev Igor Igorevich
Senior Sales Manager
Gudzikov Ivan Ivanovich

Application for provision to one of the parents (guardian, trustee)
additional paid days off
for caring for disabled children

In accordance with Article 262 Labor Code Russian Federation, I ask you to provide me with additional paid days off to care for a disabled child on April 25-26, 2019 and April 29-30, 2019, in the amount of 4 calendar days.

I inform you that the second parent, Elizaveta Fedorovna Gudzikova, did not use the right provided for in Article 262 of the Labor Code of the Russian Federation, which is confirmed by a certificate from her place of work.

I am attaching documents (copies of documents) provided for by the legislation of the Russian Federation for the provision of additional paid days off for caring for disabled children.

I confirm the accuracy of the information I provided.

Based on the results of consideration of the application, the manager issues an order. As mentioned above, the right to take 4 days off from a parent of a disabled person arises every month. These rest days are paid based on the average earnings per day.

The following documents must be attached to the application:

Certificate from the ITU office confirming disability;
A document confirming the child’s place of residence;
Child's birth certificate or document establishing guardianship/trusteeship;
A certificate from the second parent’s place of work stating that they did not use additional days off during the month of application or used them partially. If the second parent has died, gone missing, been deprived of parental rights or limited in them, is serving a prison sentence, is on a business trip for more than one month, and these circumstances can be documented, a certificate from the second parent’s place of work is not needed.

The Supreme Court of the Russian Federation, in Resolution No. 1 of January 28, 2014, explained what to do if the employer refused to give additional days off to the parents of disabled children. In this case, the employee’s use of additional days off at his own discretion is not a disciplinary offense, that is, it cannot be considered absenteeism.

If parents did not use additional days off, then for the next month they are not carried over or accumulated in the future.

If there are several disabled children in a family, the number of days does not increase.

At the same time, additional days off are NOT PROVIDED to the parent of a disabled person during his:

The next annual paid leave;
"Free" vacation;
Leave to care for a child up to 3 years old.

In this case, the second working parent can fully exercise his right.

Use of annual leave at any time (Article 262.1 of the Labor Code of the Russian Federation)

Only one parent (or guardian, trustee) can take a vacation at any time convenient for him/her if the family is full.

Additional leave for the parent of a disabled child (Article 263 of the Labor Code of the Russian Federation)

It is a mandatory benefit if the corresponding clause is provided for in the collective agreement. The duration of the vacation is 14 days. However, wages for this period are not saved. Vacation is provided when it is needed and convenient for the employee, and not for the manager. It can be attached either to the main outlet or used separately. Unused additional vacation time cannot be carried over to the next year.

Early retirement (Article 32 of the Federal Law “On Insurance Pensions”)

Parents of a disabled person can retire 5 years earlier than the established age. However, this benefit is applicable only if you have a certain length of service:

For men, pension from age 55 – with 20 years of insurance coverage.
Women retire at age 50, with at least 15 years of service.

Counting the time of child care into the insurance period (Article 12 of the Federal Law “On Insurance Pensions”)

At the legislative level, the benefit is enshrined in Article 12 of the Federal Law “On Insurance Pensions”, but you can use it under certain circumstances:

the corresponding period is not counted towards the other parent when establishing an insurance pension;
the period of child care was preceded and/or followed by periods of work or other activity (regardless of their duration).

In addition, inclusion of time spent caring for a disabled person in the length of service is not an obligation for pension authorities. In order for this issue to be considered, the parent must submit an application, the form of which is established in Appendix No. 3 of the Decree of the Government of the Russian Federation of October 2, 2014 N 1015 “On approval of the Rules for calculating and confirming the insurance period for establishing insurance pensions.” An example of an application to include the period of caring for a disabled child in the insurance period can be seen below.

To the Branch of the Pension Fund of the Russian Federation
in the Kemerovo region

STATEMENT
able-bodied person caring for a disabled child

I, Kotenkina Evelina Georgievna, live at Kemerovo, Tsvetochnaya St., 13.

Date of birth: October 13, 1951

Identity document, Russian Federation passport series 37 05 number 546789 by whom and when issued by the Department of the Federal Migration Service of Russia in Kemerovo during the period from 01/01/1974 to 04/05. 1980 provided care for citizen Kotenkin Ivan Andreevich, living at Kemerovo, st. Tsvetochnaya, 13, who was a disabled child during the period of care.

I request that the specified period of care be established for the purpose of being included in the insurance period in accordance with paragraph 6 of part 1 of Article 12 Federal Law"About insurance pensions".

11/11/2008
E.G. Kotenkina

If the branch of the Pension Fund of the Russian Federation refuses to enroll, go to court with statement of claim, attaching a written unsatisfactory response to your application.

Prohibition on dismissal at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation)

However, such a preference is established not for all parents of disabled children, but for certain categories of them:

Single mothers raising a disabled child under 18 years of age, or single fathers, others legal representatives a disabled person raising him or her independently;
Parents (legal representatives) who are the sole breadwinner of a disabled child under 18 years of age.

If your employer, despite the law, breaks up with you labor Relations, you can appeal his actions to the court.

Tax benefits

Parents of a disabled child have the right to receive a monthly personal income tax deduction. The only condition is that the parent must officially work.

The personal income tax deduction is provided for this category of persons, clause 4, part 1, article 218 of the Tax Code of the Russian Federation and amounts to:

12000 rub.- for natural parents and adoptive parents.
6000 rub– for a guardian, trustee, adoptive parent, spouse of an adoptive parent.

You can receive a deduction for each disabled child if he has not yet reached 18 years of age (or 24 years of age if he is a full-time student and is a disabled person of group I or II).

The deduction is provided to each of the parents, that is, the full family actually receives a double benefit.

To take advantage of the benefit, you can choose one of the following methods:

contact the accounting department at your place of work with an application and documents confirming your right to receive benefits;
Fill out the 3-NDFL declaration yourself at the end of the tax year and send it to the territorial inspectorate of the Federal Tax Service, indicating the necessary information in the “tax deductions” column.

Deductions will begin from the month from which you contact the tax office. You can receive them in cash directly from the territorial inspectorate or from your employer if you provide him with an application and notification from the Federal Tax Service to confirm your right to receive social tax deductions.

Very important document, which determined the further enforcement practice of the Federal Tax Service on the issue of providing a personal income tax deduction to parents for a disabled child, is Letter of the Ministry of Finance of the Russian Federation dated March 20, 2017 No. 03-04-06/15803.

The fact is that personal income tax deductions are provided for all persons who have children (not only disabled people). “Disability” only affects the amount of the deduction.

And if until 2017, the territorial inspectorates of the Federal Tax Service disagreed on issues of determining the amount of the deduction (whether to assign a deduction to the parents of a disabled person on one basis or on two), now the conflict has been eliminated:

total standard tax deduction for a disabled child is determined by adding the deduction amounts provided for on the basis related to the birth of the child (adoption, establishment of guardianship) and on the basis related to the fact that the child is disabled.

Example. Kushnarev A.E. works as a senior manager at the Horizon company. He has a 12-year-old disabled son. The wife takes care of the child and does not work anywhere. Until April 2017, he enjoyed a deduction of 12,000 rubles. After the publication of Letter No. 03-04-06/15803 of the Ministry of Finance of the Russian Federation dated March 20, 2017 in the media, he contacted the territorial inspectorate of the Federal Tax Service with an application to recalculate the amount of the personal income tax deduction. A recalculation was carried out for him and the amount of deduction from April amounted to 13,400 rubles.

The transport tax benefit is regional in nature. This means that not all parents of disabled children can use it, but only those in whose regions of residence the local authorities have adopted the relevant law.

In particular, below are examples of subjects in the Russian Federation in which the specified category of persons is completely exempt from paying transport tax:

To take advantage of the benefit, you need to contact the local Federal Tax Service with documents (usually a passport, ITU conclusion, PTS and STS) and an application in the established form, which can be downloaded on the official website or will be given to fill out on site at the inspection.

If you do not declare to the tax office that you are entitled to a deduction, the tax will be charged in full.

Housing benefits

The provision of this type of benefits is regulated by Art. 17 Federal Law “On social protection of disabled people in the Russian Federation”. According to its provisions, families (and in fact, parents of disabled people) are given the opportunity to receive:

Housing at public expense, if the family is registered as in need of improved housing conditions.
Compensation in the amount of 50% of the payment for housing maintenance (rent) and utilities ( cold water, hot water, electrical energy, heating, removal Wastewater), as well as payment for the cost of fuel and transport for delivery of this fuel - when living in houses that do not have central heating.
Compensation in the amount of no more than 50% of the contribution for major repairs.
Land for individual housing construction, farming and gardening.

At the same time, the law divides families of disabled people who can receive free housing into 2 categories:

Those that registered before January 1, 2005. There is a separate queue for them, consisting of preferential categories, including the same disabled people.
Those that registered after January 1, 2005. They stand in the general queue for housing without a priority right to receive housing first. As an exception, only families with a severe disability are entitled to receive an apartment out of turn. chronic disease, the list of which is specified in the Decree of the Government of the Russian Federation dated June 16, 2006 No. 378 (11 grounds in total).

In terms of area, housing should be provided based on regional standards for minimum living space per person. In Moscow, for example, this norm is 18 m2. However, for diseases listed in Order of the Ministry of Health of the Russian Federation dated November 30, 2012 No. 991n, additional space may be provided, but not more than double the norm.

Transport benefits

Previously, travel benefits to public transport were provided for by Article 30 of the Federal Law “On the social protection of disabled people in the Russian Federation”. Today this article has been excluded, but this does not mean that the benefit does not apply.

The fact is that disabled children and their parents belong to the category federal beneficiaries who have the right to receive social services, including free travel on suburban railway transport, as well as on intercity transport to and from the place of treatment. But if they wish, they can replace the benefit in kind with a cash payment, which will be paid simultaneously with the monthly allowance, and in fact, will be part of it. From February 1, 2018, the amount of such payment will be 118.94 rubles.

As for travel on public transport, the provision of this benefit is at the discretion of local authorities. And it is worth noting that in almost all regions of the country, disabled children and their parents enjoy the right to free travel on public transport. In particular, in Moscow, in order to take advantage of this benefit, you must apply for a Muscovite social card. For clarification, as this happens in other regions, it is better to contact local administrations or territorial social protection authorities.

Watch the video: benefits for disabled children and their parents:

Financial assistance to parents of disabled children

Parents of disabled children have the right to receive compensation if they are homeschooled. However, Article 19 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” states that determining the amount of such compensation is at the discretion of the constituent entities of the Russian Federation. That is, in order to find out exactly how the amount of compensation is calculated in your region, you need to check with the self-government authorities what act regulates this issue.
Monthly allowance for a non-working parent of a disabled child. For parents it is 5500 rubles, and for trustees, guardians, foster parents– 1200 rub. But from April 1, 2018, indexation of these amounts is expected, so the indicated figures may soon no longer be relevant.

The official recipients of these benefits are the parents of disabled people. But at the same time, for disabled children themselves, the state also allocates cash, which de jure are accrued to children, and de facto go to family budget. More details about all types cash assistance, which families that include disabled children receive, are described in the article....

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