Social benefits for a disabled child per year. Social support measures for parents of disabled children - additions to existing legislative acts - robots. Preferential taxation for families with disabled children

Bad ecology, poor nutrition, mass use of genetically modified products, annually mutating viruses and others unfavorable factors sometimes lead to the fact that even completely healthy parents may give birth to a baby that requires special care and attention. Such children are not only a grief for their parents, but also a heavy financial burden. A good help for them is the assistance of the state, which provides benefits and benefits to parents of disabled children.

Who is considered a disabled child?

The very definition of disability is fixed in the Federal Law (Article 1) “On social protection disabled people in the Russian Federation." It says: a disabled person is a person who has persistent violations any vital important functions of the body caused by injuries, past diseases or occurring from birth.

The activity of such a person is partially or completely limited, which consists of the inability to control his behavior, take care of himself, move without assistance, navigate in space, carry out independent activities. labor activity or study. Persons falling under this category and under 18 years of age are defined as disabled children. A person can be recognized as disabled by ordering a medical and social examination, which is carried out by the appropriate commission. Based on the degree of disorder, the disability group is determined.

The availability and procedure for providing benefits to the parents of a disabled child do not depend on the group; it can only affect the amount of monetary payment due to him by law.

Unfortunately, today there are more than half a million disabled children registered in Russia, and it is quite difficult to raise them without the help of the state. That is why the legislation of the Russian Federation provides for several types of benefits: benefits for parents of disabled children at work, upon retirement, treatment, education, children’s health, and some others.

Relaxations for working parents

Of course, maintaining and caring for a sick child always involves costs, and many mothers (not to mention fathers) are simply forced to go to work. Hiring a nanny who knows how to deal with such children is not only very expensive, but also virtually impossible. In addition, not every parent is capable of leaving a child who requires special treatment with a stranger.

In connection with this, the Russian Labor Code provides for some special rights and labor benefits parents of disabled children. For example, the law directly prohibits refusing employment based on the presence of unhealthy children, and this applies not only to mothers, but also to fathers, guardians or guardians of minors. When applying for a job, it is required to indicate the presence of children and their age, and it is not at all necessary to inform the employer about the presence of a disability. Of course, in order to apply for benefits, working parents of a disabled child will have to provide documents confirming this fact, but this can be done after official registration.

You should know that the law also prohibits the dismissal of employees who support disabled children (under 18 years of age) without the consent of the employee and at the initiative of the company, except in certain cases:

• liquidation of the enterprise;
• in connection with the end of the contract (fixed-term employment contract);
• in case of malicious violation by an employee labor discipline(like regular lateness);
• based on the order disciplinary action(or, as people say, “under the article,” say, for theft).

It is also prohibited to leave such employees to work overtime or send them on business trips without voluntary written consent.

A working parent has the right to additional leave“at your own expense” lasting fourteen calendar days, which can be used separately (at a time or in parts) or added to the next tariff. Also, one of the parents has the right to receive an additional four days off per month, and if both parents work, then these days can be divided between them at their request, and when only one is employed, they can be used individually. Payment for additional free days is made from the Social Security Fund.

To receive benefits, parents with a disabled child must provide the following documents:

• statement;
• a certificate confirming the presence of a disabled child in the family, as well as the fact that he is not on state support (for example, in a boarding school);
• a certificate stating that the other parent did not take additional days off at his place of work (if he took it, then how much);
• if one of the parents works “for himself” (is individual entrepreneur, notary, private bodyguard, etc.), then a certificate is required stating that he is a person who provides himself with work independently.

Attention! If the parent of a disabled child works part-time in two places, then he can get four extra paid days off at both places of work.

Among other things, employees with disabled children have the right to count on part-time work (a week) with wages according to the time worked.

Features of retirement

The next question we will examine is: “Are benefits provided for parents of disabled children upon retirement?” Of course. Mothers who raised such a child at least until they reached the age of 8 have the right to include this time in their work experience. In this case, the retirement age is reduced to 50 years, provided that you have 15 years of work experience. Based on Article No. 28 FZ-173 “On Labor Pensions in the Russian Federation”, the father is entitled to such a pension from the age of 55 and with 20 years of experience. However, only one parent can use this benefit.

Raising and training such children

The legislation of the Russian Federation also provides benefits for parents of disabled children related to their socialization, upbringing and education. For adolescents and children with developmental disorders, correctional educational units (classes, groups in kindergartens, etc.) are created, where proper care, treatment, social adaptation and integration into society are provided. Children can be sent to such institutions only with the written consent of their parents (guardians) based on the conclusion of the medical-pedagogical commission.

Benefits for parents with a disabled child are also provided in the case when he can attend educational institutions together with other children. For example, when a disabled child is enrolled in a kindergarten, parents are fully or partially (if the kindergarten is paid) exempt from paying for services, and also have the right to priority enrollment in a preschool institution.

If a disabled child cannot be in a group, parents can organize training in non-state institutions or at home, and also have the right to demand compensation for the costs associated with such training.

Sanatorium, medical and prosthetic and orthopedic services

Benefits for parents of disabled children also exist in the medical field. Obviously, such not very healthy guys often need very expensive medications, so some benefits in this area are provided for by law. According to Decree No. 890 of the Government of the Russian Federation, disabled children can receive free necessary medications according to your doctor's prescription. There is also a free supply of prosthetic and orthopedic products, wheelchairs, and those purchased in excess of the norm receive a 70% discount.

Disabled children have the right to receive a sanatorium voucher for themselves and one of their parents, while the accompanying person is entitled to a sick leave for the entire period of the child’s treatment, including time spent on travel.

Using transport benefits

Benefits for parents of a disabled child and the transport sector were not spared. Such children are entitled to free travel on all types of public urban and suburban transport, excluding taxis, until they reach the age of 16. The persons accompanying them enjoy the same rights.

In the period from 1.10 to 15.05, disabled children, as well as one of their parents, are entitled to a fifty percent discount on the cost of travel by air, river, sea, rail and road intercity transport (not taking into account the number of trips). But in the period from May 16 to September 30, such a right is granted only once (round trip). Also, every year the child and his accompanying person are entitled to free travel to and from treatment.

Housing benefits

In order to slightly ease the burden of parents raising a disabled child, the state has provided measures designed to improve the living conditions of such families.

Listing the benefits for parents of disabled children regarding living conditions and payment for services, we can highlight the following:

• families with disabled children are entitled to a discount of at least 50% when paying for housing maintenance services, rent (state and municipal funds), and subscription fees for use landline phone and others;
• a 50% discount on the purchase of fuel materials if the house does not have central heating;
• the possibility of priority acquisition of a plot of land for housing construction or farming or gardening;
• the right to a separate room or an additional 10 square meters in the event that a disabled child is diagnosed with a disease included in the list established by Resolution No. 214 of the Government of the Russian Federation, and such living space cannot be considered excessive and must be paid in a single amount, taking into account all benefits ;
• priority right to improve housing conditions, especially for children suffering from severe forms of mental and chronic diseases.

Tax benefits

For parents raising one or more disabled children, “discounts” are also provided in the field of taxation. Tax benefits parents of a disabled child are established by the Law of the Russian Federation “On income tax with individuals"and are provided on the basis of the following documents:

• a medical certificate confirming the need for ongoing care;
• decisions of guardianship and trusteeship authorities;
• information about cohabitation, which is issued by the housing authority.

The total income for the taxable period is reduced by an amount not exceeding, for each full month during which the income was received, three times minimum size payment for the work of a parent who supports a disabled child living with him who requires constant care. In this case, you must provide an appropriate certificate stating that the second parent did not take advantage of this benefit.

In accordance with paragraph 3 of Art. 210 of the Tax Code of the Russian Federation, when calculating monthly wages, a tax deduction in the amount of 3,000 rubles can be applied. for each disabled child under 18 years of age (student or full-time student, graduate student, intern, resident - up to 24 years old), if he is recognized as a disabled person of group I or II.

If a child is being raised by only one of the parents, the deduction is provided in a double amount, and after the latter marries, it returns to the original value. Also, one of the parents can take advantage of the double tax deduction if the other refuses to receive it.

Social benefits

In addition to all of the above, there are also some benefits for parents raising a disabled child, mainly related to obtaining financial resources.

Thus, a parent who is able-bodied but forced not to work in connection with caring for such a child is entitled to monthly compensation amounting to 60% of the minimum wage determined by law.

The disabled child himself, until he reaches 18 years of age, is also assigned a monthly pension payment and bonuses provided for by the law of the Russian Federation “On State Pensions”.

Are there any benefits on the contrary?

It is interesting to note the fact that benefits for children whose parents are disabled also exist, although in much smaller quantities. For example, children whose parents are disabled people of the first and second groups are entitled to a discount of up to 100% on childcare costs. preschool. And for teenagers receiving higher or secondary special education in educational institutions of contract form of education a discount of 40% of payment is provided. Once a year, children of disabled parents can also apply for a preferential health voucher.

In conclusion, I would like to note an important point. Many people do not distinguish between the concepts of “disabled child” and “disabled since childhood,” which leads to various misunderstandings. After reaching the age of 18, a disabled child loses his status and becomes simply a “young disabled person.” When passing a medical examination to determine the disability group, the reason will be recorded - “Disabled since childhood,” since the disease that led to such consequences arose before reaching adulthood. So the benefits for parents of a child with a childhood disability (and for our relatives we are always children) are no longer as extensive as those that were provided until adulthood.

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

Disabled children and persons with disabilities since childhood who receive a monthly cash payment are also automatically provided with a monthly set of social services by law. 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;
• which ones social services as part of the NSO, a citizen has the right 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:

• ID card and employment history 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 2019

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 financial situation of the family, and the state does not plan to revise this principle in the near future.

Tax deduction for a disabled child in 2019 (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 acquisition of a plot of land for the construction of a residential private house, farming or 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(a separate room or an additional 10 sq. m.) is 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 in a higher or secondary specialized educational institution, he must be enrolled without 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 in 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 still needs to overcome many obstacles. However, the state assumes the responsibility to support disabled children and their families. Support is provided both in monetary form (

The result of a certain concern of the state in 2015 is guardianship of disabled children - assistance in the form of benefits to the parents of such children. Because, when caring for a family member with limited vital functions, parents devote almost all their time to the child and caring for him and simply cannot work in a government job. This text covers guaranteed benefits extended for specific social areas and the rights of parents of disabled children - from accrual of insurance period and payment of sums of money to the provision of medical care health workers.

Who can receive the status of a disabled child?

This status should be assigned to MSC if there is a confirmed diagnosis of the disorder functionality the body or certain of its systems. That is, if there is a conclusion from a medical and social commission, the child acquires the right to privileges and certain benefits. Graduation of disability into groups is provided only from the age of eighteen.

Grounds for assigning disabled status to a child

The conditions for recognizing an individual, including a minor, as a disabled person are prescribed in Article 5 of the document - Rules for recognizing a specific person as a disabled person. The Rules were approved by the Decree of the Government of the Russian Federation in 2006.

According to an excerpt from the Rules:

• lack of ability/opportunity (full or partial) for self-care and the presence of other life limitations related to independent movement, learning and communication, orientation;
• pronounced defects in the functions of the body’s biosystem, congenital or acquired, caused by illnesses (diseases) or injuries;
• competently established need to receive rehabilitation and other social protection measures.

Attention: to obtain the status of “disabled person”, the simultaneous presence of all the grounds listed above is required. Fact of impairment of the subject’s health that does not interfere with the canons normal life, in itself does not give the right to receive a disability category.

Let's give an example. Suffering on diabetes a child, unfortunately, will not receive disabled status if there is a possibility of decompensation of the disease and there are no significant complications - for example, progression renal failure, encephalopathy and hepatosis as a consequence of diabetes and more.

For how long should the status be assigned?

Paragraph 10 of Article No. 5 of the Rules interprets that the status of “disabled child” is next term can be installed:

• 1 (up to 2 years) – when positive dynamics of recovery are established, depending on the form and severity of the disease;
• five years – upon repeated verdict of the medical and social commission of an existing status assignment, in case of remission malignant formation or oncological diseases blood – leukocytosis, etc.);
• until adulthood (18 years of age):
• after a period of 2 years (no later) after the initial assignment this status in case of irreversible disorders in the body and its functioning;
• no later than 4 years in cases where medical monitoring has proven the impossibility of achieving recovery through treatment and rehabilitation procedures.

A specific list of 23 defects and pathologies that give rise to the establishment of the category “disabled” can be studied in the appendix to the Rules. The list includes the names of ailments and disorders, including not only cancer (malignant), but also spinal-muscular or musculoskeletal pathologies, atavisms, absence of organs, etc.

Benefits for parents (usually mothers) of disabled children

Benefits and preferences are received from the state by disabled children, who are legally equal to adults with disabilities or lost capabilities. Carriers additional guarantees(in the case of children), for reasonable reasons, are the parents, they are the ones who carry out the entire range of therapeutic and rehabilitation measures. It is their responsibility to care for a disabled child.

Measures social support for families they are conditionally divided into the following categories:

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

Labor guarantees for parents caring for a disabled child

The Russian Labor Code introduces us to several provisions at once:

• one of the parents of a disabled child in accordance with Art. 262 of the Labor Code of the Russian Federation has the right to demand 4 additional days off per month (with preservation of earnings);
• Art. 263 of the Labor Code of the Russian Federation provides an employee raising a child with a disability with additional leave without pay, lasting 14 days;
• the right of a parent (Article 93 of the Labor Code of the Russian Federation) to work part-time;
• the right to refuse a business trip outside the area of ​​employment, or work on holidays or weekends (Article 259 of the Labor Code of the Russian Federation).

Important point: take extra days off or right time leave without pay, you can draw up a corresponding application to the employer and submit a certificate recording that the second parent has not enjoyed such privileges during the year. An exception is a refusal to work on a day off or a business trip, to which both parents have the right.

The Law “On Insurance Pensions,” and specifically its Article 32, provides the parent of a child of the corresponding status with the opportunity to go on vacation five years earlier than the established age. This means that a man will be able to have the right to a well-deserved retirement at the age of 55, a woman - accordingly, at 50 (the insurance period in this case is 20/15 years, no less). The total length of service will also include the time spent caring for a sick child (due to disability).

Tax benefits and deductions

Typically, a monthly tax deduction of up to 3,000 rubles is given to one of the parents of a disabled person (for each child with a disability) in accordance with clause 4 of Art. 218/2 of the Tax Code of the Russian Federation.

By virtue of one of the articles (No. 17) of the Law “On Social Protection of Disabled Persons of the Russian Federation” No. 181-FZ of 1995, on November 24, families raising children with disabilities have the following housing benefits:

• provision of housing at state expense (if the family is registered as in need of improved housing conditions);
• discount on payment? parts of utilities and the right to use residential (on social rental) premises;
• provision of a plot of land (free of charge) for the construction of housing, possibly gardening.

An important point: for a family that cares for disabled children, under a social contract. rental housing may be provided certain area, no more than twice the footage according to generally accepted standards. Which diseases give the right to additional square meters were approved on December 21, 2004 by the Decree of the Government of the Russian Federation, namely 10 diagnoses: tracheostomy, tuberculosis, HIV, leprosy, etc.

Pension (aka social) benefits and guarantees

Due to the law “On pension provision» Disabled children are guaranteed to receive social pensions and bonuses due in these cases. From 2016, its size, taking into account revisions and indexations, will be more than 10,377 rubles.

An increase in the pension amount above this figure is provided on the basis of regional regulatory documents. Reducing the amount of social pension protection of constituent entities of the Russian Federation is not permissible.

According to data for 2015, the basic law “On Social Protection...” gave a disabled person the right to receive a monthly social benefits– 2,129.93 rubles. Unemployed parents of disabled children, who practically do not have this opportunity because they are forced to provide child care, also receive financial support from the state in the amount of 5,500 rubles.

Medical and related guarantees

List of guarantees for disabled children:

1. the right to rehabilitation (Article 9 of Law No. 181-FZ). The state undertakes to provide free of charge a child with limited or lost abilities with the necessary technical means, necessary services within the list. (Order of the Russian Government No. 2347). The list contains 26 items of specific devices, means, services and rehabilitation measures, it includes wheelchair prostheses, wheelchairs, crutches, as well as their complete repair.
2. on the territory of Russia, receive medical assistance of any degree of complexity, as well as treatment if necessary - surgical, sanatorium-resort, therapeutic. Parents and a disabled son or daughter are provided with free vouchers to the sanatorium and travel to it by many types of transport, except for private taxis. A single mother (and maybe a father of the same status) raising a disabled child has additional benefits and guarantees provided to single-parent families (for single parents).

Benefits for disabled people from childhood

Since 2014, the status of “disabled since childhood” is not considered correct; this category is considered outdated and is not assigned - minors are given the status of “disabled child.” Adults – disability the desired group indicate, accordingly, the severity of the identified impairments. However, citizens who previously received this status before the introduction of modern rules retain it and, of course, all the benefits due to them, since the very concept of “disabled since childhood” has not been abolished. An important point: people who have been disabled since childhood and have not reached the age of 18, and their families also enjoy absolutely identical benefits as families of disabled children + their parents.