home Diseases How to get help for families with disabled children. Benefits for families with disabled children Preferential taxation for families with disabled children

How to get help for families with disabled children. Benefits for families with disabled children Preferential taxation for families with disabled children

Benefits for parents of a disabled child -2018 - 2019 are integral part special state care for families with disabled children. That is, benefits and guarantees are provided not only to the child, but also to his parents, who often do not have the opportunity to work. The article covers in detail the basic rights of parents of a disabled child according to various social areas- from cash payments before providing medical assistance.

Who can receive the status of a disabled child?

For children under 18 years of age, disability gradation by group is not provided. That is, if a child has a pronounced disorder of body functions, based on the results of a medical and social commission, he is assigned the status of a disabled child, the receipt of which means the acquisition of rights to certain benefits and privileges.

Grounds for assigning disabled status to a child

The conditions for recognizing a citizen, including those under the age of majority, as disabled are listed in Art. 5 Rules for recognizing a person as a disabled person, approved by Decree of the Government of the Russian Federation No. 95 of February 20, 2006 (hereinafter referred to as the Rules):

severe impairment of body functions caused by congenital or acquired defects, diseases or injuries;
complete or partial absence capabilities (abilities) for self-care, independent movement, learning, communication, orientation and other limitations in life;
established need for social protection measures (including rehabilitation).

Important: to obtain disability, all of the above grounds must be present simultaneously. That is, a health disorder in itself that does not prevent normal life, does not give the right to receive disability.

Example. A child suffering from diabetes mellitus, if there is a high probability of decompensation of the disease and there are no significant complications, such as the development renal failure, diabetic encephalopathy, etc.

For how long is the status of a disabled child assigned?

1 or 2 years - if there is a favorable prognosis for recovery, depending on the severity of the disease;
5 years - with a repeat medical and social commission after the initial assignment of status, subject to remission malignant tumor(including when oncological diseases blood - leukemia, etc.);
up to adulthood (18 years of age):
- no later than 2 years after the initial assignment of status in the presence of irreversible disorders of body functions;
- no later than 4 years if it is determined that it is impossible to achieve remission through treatment or rehabilitation procedures;
- no later than 6 years in case of relapse or complications during the treatment of malignant formation.

IMPORTANT! The list of pathologies and defects that give grounds for establishing the status of a “disabled child” is given in the appendix to the Rules. It contains 23 names of diseases, including malignant (cancerous) formations, musculoskeletal pathologies, lack of various organs, spinal muscular atrophy(Werdnig-Hoffman disease), etc.

Benefits for parents with a disabled child (benefits for mothers of disabled children)

Legislatively, disabled children have equal rights to adults with disabilities. disabilities, that is, they are entitled to the same benefits and preferences from the state. However, in the case of children who are carriers additional guarantees Their parents are also included, since it is they who bear the main burden of providing for, treating and rehabilitating a disabled child.

Measures social support, provided for families with disabled children, can be divided into 5 categories:

labor;
housing;
pension (social);
medical;
tax.

Labor guarantees for parents of a disabled child

Norms Labor Code The Russian Federation provides several guarantees at once:

by virtue of Art. 262 of the Labor Code of the Russian Federation, one of the parents of a disabled child has the right to receive 4 additional days off per month with preservation of earnings;
according to Art. 262.1 of the Labor Code, one of their parents or his substitute (guardian, adoptive mother or adoptive father, trustee) has the right to use annual leave Anytime;
according to Art. 263 of the Labor Code of the Russian Federation, an employee raising a disabled child is entitled to additional unpaid leave of up to 14 days (if such a right is granted by a collective agreement);
the right to part-time work at the request of the parent (Article 93 of the Labor Code of the Russian Federation);
the right to refuse to go on a business trip outside the region of employment, as well as to refuse to work on weekends and holidays, at night or overtime (Article 259 of the Labor Code of the Russian Federation).

IMPORTANT! In order to exercise your right to additional days offor vacationwithout maintenance, it is necessary, in addition to the corresponding application, to provide the employer with a certificate stating that the second parent did not use these privileges during the year. An exception is refusal to go on a business trip or go to work on a day off, to which both parents are entitled at the same time.

In addition, Art. 32 of the Law “On Insurance Pensions” No. 400-FZ of December 28, 2013 provides one of the parents of a disabled child with the opportunity to retire 5 years earlier than the established age. That is, a man will be able to retire at the age of 55, a woman at 50. But for this, the parents must have an insurance record of at least 20 and 15 years, respectively.

IMPORTANT! The time spent caring for a disabled child is included in the total insurance period.

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Tax benefits

In accordance with paragraph 4 of Art. 218 part 2 of the Tax Code of the Russian Federation, one of the parents or adoptive parents of a disabled child receives monthly tax deduction in the amount of 12,000 rubles. Guardians, trustees and adoptive parents may qualify for a reduced deduction in the amount of RUB 3,000.

Important: the deduction is provided for each child with a disability.

Housing benefits and guarantees

By virtue of Art. 17 of the Law “On Social Protection of Disabled Persons in the Russian Federation” No. 181-FZ of November 24, 1995, families raising a disabled child have the following housing guarantees:

provision of housing at public expense (if the family is registered as in need of improved housing conditions);
50% discount on payment utilities and payment for the use of residential premises (if provided on the terms of social rent);
free provision of land plots for housing construction or gardening (farming) in the first place.

A family with a disabled child may, under a social tenancy agreement, be provided with residential premises whose footage exceeds generally accepted standards (but not more than twice). The list of diseases that give the right to additional square meters was approved by Decree of the Government of the Russian Federation No. 817 of December 21, 2004. It contains 10 diagnoses, including tuberculosis, HIV, leprosy, tracheostomy, etc.

IMPORTANT! From 2018, instead of the specified List of diseases, a new one, approved, will come into force. by order of the Ministry of Health dated November 30, 2012 No. 991n.

In regions of the country and even individual municipalities Additional housing benefits may be established (clause 18 of the Rules for the provision of benefits, approved by Government Decree No. 901 of July 27, 1996).

Pension (social) benefits and guarantees

In accordance with Art. 11 of the Law “On State pension provision» dated December 15, 2001 No. 166-FZ, disabled children are paid a social pension and all allowances due. In 2019, in accordance with the Law “On Amendments...” dated July 18, 2017 No. 162-FZ, their amount is 12,082.6 rubles.

Important: the pension amount can be increased based on regional regulations. Reducing the size of the social pension at the level of constituent entities of Russia is not allowed.

Parents of disabled children, who are unable to work because they are forced to care for the child, also receive financial support from the state - its amount, in accordance with Decree of the President of Russia No. 175 of February 26, 2013, is 5,500 rubles.

Medical and related guarantees

Art. 9 of Law No. 181-FZ guarantees disabled children the right to rehabilitation. The state is obliged to provide a child with disabilities with all the necessary things free of charge. technical means and services within the list established by Decree of the Government of Russia No. 2347-r dated December 30, 2005.

The list includes wheelchairs, prostheses, crutches, as well as their repair - a total of 26 items, devices, services and rehabilitation measures.

In addition, according to Order of the Ministry of Health and Social Development No. 328 of December 29, 2004, disabled children receive medical care of almost any level of complexity in Russia at the expense of the federal budget, including sanatorium-resort, surgical, and therapeutic treatment. Vouchers to the sanatorium and travel to it by any means of transport, except taxis, are also provided free of charge to a disabled child and his accompanying parent.

NOTE! A single mother raising a disabled child enjoys all the benefits and guarantees provided to families with disabled children, as well as the privileges established for single parents.

Benefits for disabled people from childhood

However, the very concept of “disabled since childhood” has not been abolished, that is, citizens who received such status before the adoption of new rules for recognizing disabled people retain it and, accordingly, all the benefits due to them.

Disabled children under 18 years of age and their families enjoy absolutely the same benefits as disabled children and their parents.

Like all disabled people, disabled children have their own list of benefits and rights, which we will now try to understand.

Rights and benefits of disabled children and their parents

In general, the rights and benefits that are entitled to disabled children and their parents can be divided into several types, which include:

Pension benefits;
Benefits under labor legislation;
Benefits in the housing sector;
Transport benefits;
Benefits related to the upbringing and education of disabled children;
Benefits for medical, sanatorium-resort and prosthetic and orthopedic services;
Tax benefits.

Pension benefits

According to Art. 17, 21, 38, 113, 114 and 115 of the Law of the Russian Federation “On State Pensions”, the state is obliged to pay a social pension to disabled children and provide various supplements to it. In 2019, the amount of social pension for disabled children is RUB 8,861.54

In addition, according to Decree of the President of the Russian Federation of March 17, 1994 No. 551, persons who are not working in connection with caring for a sick child are entitled to monthly compensation payments (MCP), the amount of which should be 60% of minimum size wages.

In the case of mothers raising their children up to the age of eight, according to Art. 11 and 92(b) of the Law of the Russian Federation “On State Pensions”, pension accrual is made from the age of 50, subject to the existing length of service at least 15 years. Accrual is made earlier, because The time spent caring for a disabled child is counted as length of service.

Benefits under labor legislation

Because Raising a sick child is not an easy task; legislation for such parents also provides for a number of rights and benefits in the labor sphere.

For example, according to the Labor Code of the Russian Federation, one of the working parents of a disabled child has the right to an additional 4 days off per month. In addition, according to the same Labor Code of the Russian Federation, or more precisely its article 49, a woman who is raising a disabled child under 16 years of age has the right to a part-time working week or part-time working day, and payment in this case is made according to the time worked.

Women with disabled children are prohibited from being involved in overtime work or send them on business trips without their consent. They are prohibited from refusing to hire or lowering their salaries because of their disabled children. In addition, single mothers with disabled children cannot be fired. This is only possible with the complete liquidation of the enterprise.

Benefits in the housing sector

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 a chronic course, persistent psychopathic symptoms and pronounced personality changes (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, lateral amyotrophic sclerosis, syringomyelia) (Housing Code of the Russian Federation, Art. 36.)

The right to additional living space in the form of separate room or additional 10 sq. 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 illness, requiring mandatory 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. (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 that include disabled people are given the right to priority receipt of land plots for individual housing construction, running subsidiary and dacha 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. Order of the Mayor of Moscow dated May 6, 1996 No. 278 RM).

Transport benefits

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

In Moscow, 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); – on the basis of a pension certificate and an identity document; – parents (guardians, trustees) of a disabled child – on the basis of a certificate uniform sample issued by social security 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, Article 30. Order of the Mayor of Moscow dated February 24, 1997 No. 158 RM.)

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 preschool institutions general type. 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 institutions. (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 of medical institutions, have identified physical or physical deficiencies 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 January 13, 1996, No. 12-FZ, Art. 10.)

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 their 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 of the Russian Federation. (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.

Instructions on the procedure for issuing documents certifying temporary disability. (Approved by the Ministry of Health and Medical Industry of the Russian Federation and the Social Insurance Fund of the Russian Federation on October 19, 1994 (clauses 4, 6.)

Income tax benefits The total income received during the taxable period is reduced by the amount of income that does not exceed, for each full month during which the income is received, three times the minimum monthly wage established by law for one of the parents (at their choice), on whose support there is a disabled child living with him and requiring constant care.

The benefit is provided on the basis of a pension certificate, decisions of guardianship and trusteeship authorities, a medical certificate from 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. (Law of the Russian Federation “On income tax from individuals”, art. 3, paragraph 3).

Tax benefits

There are some provisions for parents of disabled children tax benefits. For example, the total taxable income is reduced by the amount of income that does not exceed, for each full month during which the income is received, three times the minimum monthly wage established by law for one of the parents (at their choice), who is supported jointly with him a disabled child living and requiring constant care.

This benefits for parents of disabled children can be obtained on the basis of a pension certificate, decisions of guardianship and trusteeship authorities and a medical certificate confirming the need for constant care of the child. In addition, a certificate from the housing authority will be required about the joint residence of the disabled child and his parents.

In this case, a certificate is required confirming the fact that only one parent enjoys this benefit.

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 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

A social pension and supplements to it are established for disabled children. (RF Law “On State Pensions”, Articles 17, 21, 38, 113, 114, 115.)

Monthly compensation payments to non-working 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

In particular:

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

Organic lesions central nervous system with persistent severe impairment of the functions of the limbs, functions of the 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 certain categories of citizens who have diseases, the list of which is 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 dated July 27, 1996)

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

Mental illnesses requiring mandatory medical supervision;

Organic lesions of the central nervous system with persistent severe dysfunction of the lower extremities, 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. (Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995 No. 181-FZ, Art. 17.) Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, running ancillary and dacha 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.)

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 public transport in urban and suburban traffic, 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, except taxis, is granted to:

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 of air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year.

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

Education and training of disabled children

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for their stay in general preschool institutions. For disabled children whose health condition precludes their stay in general preschool institutions, special preschool institutions are created. (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 of medical institutions, have identified 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 the costs of parents (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, upbringing 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 their parents (legal representatives) based on the conclusion of the psychological, pedagogical and medical-pedagogical commissions. (Model Regulations on a special (correctional) 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 of the Russian Federation. (Resolution of the Government of the Russian Federation dated July 10, 1995) Free provision of bicycles and wheelchairs. Free sanatorium stay for a disabled child and his accompanying person. (Order of the Ministry of Health of the RSFSR dated 07/04/91, No. 117.)

Income tax benefits

The total income received during the taxable period is reduced by the amount of income that does not exceed, for each full month during which the income is received, three times the minimum monthly wage established by law for one of the parents (at their choice), who is supported jointly with him a disabled child living and requiring constant care.

The benefit is provided on the basis of a pension certificate, decisions of guardianship and trusteeship authorities, a medical certificate from 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 of the Tax Code of the Russian Federation)

Benefits for disabled children

In order to strengthen social security 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 disabled person from childhood of group I”, providing for the establishment of appropriate payments with 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.

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 for the 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 Distance Learning Center (DLC), 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 medical institution 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, within the established quotas for budget places, higher/secondary vocational educational institutions, provided they pass entrance exams.

Art. Art. 17 and 28.2 Federal Law of November 24, 1995 N 181-FZ it is stipulated that due to budget funds of federal significance, families with disabled children are provided with residential premises if they need to improve their housing situation. 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 related to chronic disease in severe form, according to the List approved by the 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. average living space per person market value, which is determined in each subject 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 of July 27, 1996 N 901 “On providing benefits to disabled people and families with disabled children, to provide them with living quarters, payment for housing and utilities” to 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 to receive 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 of 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 people with disabilities since childhood of group I"): - parents / adoptive parents / guardians / trustees of a disabled child under the age of 18 years 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 Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” provides for additional rights of the mother of a disabled child.
Prohibition of overtime work and sending on business trips without the woman’s consent;
The right to a shortened working day/shortened 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 medical report, issued in the manner prescribed 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 can 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 have established guardianship until the disabled child reaches 8 years of age are assigned labor pension for old age with a decrease in age, by 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, implementation individual programs rehabilitation of disabled people, provision of specific measures and 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.