Allowance for caring for a disabled child. Rights of the disabled child. Social protection of disabled people

– особое направление государственной политики. Social protection of disabled people is a special direction of state policy. It is a set of measures aimed at ensuring a decent quality of life for people with disabilities. Let us consider further what specific measures are implemented in practice.

Main directions

реализуется в рамках государственных и региональных программ. Social protection of disabled people is implemented in the framework of state and regional programs. They include:

1. Formation of barrier-free conditions of life.
2. Provision of compensation.
3. Organization of health services, provision of personal services.
4. Pension security, financing.
5. Organization of employment.
6. Providing with housing.

The state support of people with disabilities is the most important direction of the government. At the present stage, there are some shortcomings in its implementation. They are caused by a variety of factors. To form an effective system, according to experts, it is necessary to develop a mechanism that prevents the adoption of laws relating to social security, only if the state has the required amount of funds for this. Otherwise, many promises will not be realized, which will greatly undermine the trust of the needy strata to power.

Barrier-free living conditions

As one of the criteria for assessing the activities of the state in the sphere of social security, accessibility for physical persons with disabilities can be made. This includes, among other things, infrastructure facilities, communication and information channels. In the Russian Federation, the beginning of a change in the environment was laid back in 1992. On October 2, an appropriate presidential decree was approved. The country developed standard norms and rules, which took into account the needs of needy citizens in the construction of houses, infrastructure facilities. At the same time, there was an obstacle for the implementation of these measures for a long time. It consisted in the absence of a mechanism for carrying out the necessary work.

Target Program

It is worth noting that the regulatory framework is only a prerequisite for a large-scale work to create an accessible environment for disabled people. The implementation of the target program should begin with a detailed study of private mechanisms through which the adopted norms will be implemented. Of no small importance is monitoring real, urgent needs of people with disabilities in various spheres of life. In addition, according to experts, it is necessary to develop a policy of adaptation of environmental conditions to the needs of people with disabilities.

Regulatory requirements

The law regulating the social protection of disabled people in Russia obliges the authorities to create conditions for unhindered access of these people to infrastructure facilities. Today, provisions that take into account the needs of needy people are present in the building rules and norms, adjusted accordingly. In the regions of the country, expert organizations should establish quality control of design documents for the construction and reconstruction of facilities in terms of providing them and their facilities with disabilities for unhindered receipt of the required range of services. Under the law, local authorities can not grant licenses to road transport companies that refuse to equip buses with lifts. A very promising plan for the improvement of the city is a gradual reconstruction of intersections and streets, taking into account the needs of disabled people.

Existing problems

In fact, all the requirements declared by the law that enterprises, regardless of their organizational and legal type and form of ownership, are responsible for the failure to fulfill the obligations associated with ensuring unhindered access of disabled people to infrastructure facilities are not accompanied by any implementation mechanisms. There are no clear limits of responsibility for non-compliance. There are also no levers for checking, controlling, standardizing infrastructure facilities. The foundations for the formation of a barrier-free environment for the disabled, thus, are only just beginning to be developed, despite the relatively old adoption of the decree. Subjects responsible for the implementation of regulations, as one of the main obstacles called lack of funds. Meanwhile, this problem, according to experts, is related only to the issue of prioritization and insufficient monitoring of the implementation of established norms.

Medical care

The procedure for its provision is regulated by Federal Law No. 5487-1, adopted on July 22, 1993. Key actions in the field of health are given in Article 27 of the law. In accordance with its provisions, social rehabilitation of disabled people is provided, providing them with medicines, vehicles, prosthetic and orthopedic products, vocational training and professional development. Disabled people who are in need can receive free medical care in municipal or state health care institutions, and care at their place of residence.

If the subject is not able to independently service himself, he can be placed in a rehabilitation center. For children with disabilities and those who have the 1st group, compensation payments are also provided . Within the framework of state programs, medical assistance is provided free of charge or with discounts. Social rehabilitation of disabled people, rehabilitation therapy, reconstructive surgery are carried out at the expense of CHI. The rules for providing medical assistance are regulated by government regulations.

Housing issue

First of all, it is regulated by the Constitution. According to article 40, the poor and other categories of people in need, among whom, among others, people with disabilities of different groups and categories are to be provided with housing. It is provided free of charge or at an affordable cost. At present, the solution of the housing issue within the framework of social security for disabled people remains one of the most important areas of the government's activities.

Organization of employment

Despite a number of restrictions in the possibilities, the normative acts guarantee the right to work for the disabled. Legislative provisions are aimed at creating conditions that provide employment for people in need. The norms establish specific mechanisms for implementing the measures envisaged. One of them is the definition by the regional executive structures of quotas for employment. They are provided to various enterprises. , предоставляются профориентационные и консультативные услуги. Within the framework of targeted programs, training is also provided, including training of children with disabilities , vocational guidance and counseling services are provided.

Compensations

получают финансовую поддержку от государства. Families with disabled children receive financial support from the state. It is expressed in various forms. . In particular, a pension is awarded to a disabled child . In some cases, able-bodied relatives have to take care of a person with disabilities. In this case, compensation is established for a non-working citizen. She is called upon to reimburse some of the income that he could have received if he had been employed.

Specificity of payment of benefits for caring for a disabled child

As a general rule, compensation is assigned to a able-bodied but not working citizen who cares for a disabled person. It does not matter whether they live together and whether they are relatives. In accordance with the general procedure, disabled persons are referred to as:

1. Invalids 1 gr., Except for disabled children.
2. The elderly persons. In relation to them, a medical institution conclusion is issued that they need constant care.
3. The subjects who have reached 80 years.

Non-working citizens can also receive compensation if they have disabled children . , до которого может назначаться материальная поддержка, - 18 лет. The age to which material support can be assigned is 18 years. Compensation is established by one able-bodied, but not working, subject with respect to every minor with disabilities. зависит от степени родства. The amount of the allowance for caring for a disabled child depends on the degree of kinship. If the father or mother takes care of him (adoptive parents, guardians), the amount of compensation is 5.5 thousand rubles. составит 1.2 тыс. р. If another relative does this, the allowance for caring for a disabled child will be 1.2 thousand rubles.

Coefficients

, проживающим в отдаленных районах страны (на Крайнем Севере и приравненным к нему местностям) конкретизируется региональными нормативными актами. Assistance to children with disabilities living in remote areas of the country (in the Far North and equated localities) is specified by regional normative acts. In terms of compensation for these citizens, the coefficients are provided. They increase the amount when calculating. направлена на возмещение дополнительных материальных и физиологических затрат в связи с проживанием в тяжелых климатических условиях. Such assistance to children with disabilities is aimed at reimbursement of additional material and physiological costs in connection with living in severe climatic conditions. Coefficients apply to all monetary compensation established by federal law. , усыновители, попечители/опекуны и прочие родственники, проживающие в районах со сложным климатом, получают большие суммы, чем в других регионах страны. Accordingly, the parents of children with disabilities , adoptive parents, guardians / guardians and other relatives living in areas with a complex climate receive higher amounts than in other regions of the country.

Seeking compensation

? How to apply for a child with a disability ? To assign compensation, the subject who will take care of a minor citizen with disabilities will contact the authorized local authority. , - ПФР. They are the structure in which the pension is paid to a child with a disability , - the FIU.

Documentation

, в уполномоченный орган предоставляют: In order to receive an allowance for the care of a disabled child , the authorized body is provided with:

1. Statement from a citizen who is under the care of a minor. The form indicates the place of residence and the date the care begins.
2. Application of a disabled person. . The legislation establishes the rights of a disabled child . In particular, after reaching the age of 14, he can write a statement himself. If, for some reason, he can not do this, the form is filled out by his legal representative.
3. A statement indicating that the applicant, who is holding a minor, does not receive a pension. Such a document is provided by the employment agency in the place of residence.
4. A certificate indicating that the applicant does not receive unemployment benefits. This document is also issued by the employment service at the address of residence.
5. Extract of the certificate of survey. It is sent by the ITU FGU.
6. The document that verifies the identity of the applicant, his work record.
7. Consent / permission of one of the parents (adoptive parents, trustees) and the guardianship authority for the maintenance of the citizen for 14 years at a time free from receiving education.
8. Documents certifying the powers of the representative of a minor.

In addition, a certificate from an educational organization may be required to indicate that the subject of the incapacitated citizen's education is in full-time education. If these securities are in the person's file entered into the FIU, then there is no need to provide them.

An Important Moment

, в соответствии с законодательством, может получать недееспособный или ограниченно дееспособный гражданин. The allowance for caring for a disabled child , according to the legislation, can be obtained by an incompetent or limitedly capable citizen. In this case, an appropriate statement is written by his legal representative. The maintenance of a minor disabled person can be performed by one of the parents. In this case, you do not need to write an application. If necessary, the authenticity of the signature of a minor is confirmed by an act of examination of the authority that credits the pension.

Additionally

по линии ПФР и силового ведомства одновременно, субъект, на содержании которого будет находиться несовершеннолетний, может обратиться в любой из соответствующих органов. If a pension is granted by a law to a disabled child by the FIU and the law enforcement agency at the same time, the subject of the juvenile's detention may apply to any of the relevant authorities. In this case, from another structure it is necessary to provide a certificate stating that compensation was not assigned. Additionally, consult the territorial office of the FIU or the pension service of the power structure to consult the required documents.

Terms of appointment

начинает предоставляться с того месяца, в котором было подано заявление со всеми необходимыми документами в уполномоченный орган, но не раньше дня возникновения у гражданина возможности получать компенсацию. The allowance for the care of a disabled child begins to be provided from the month in which the application was submitted with all the necessary documents to the authorized body, but not earlier than the day when the citizen has an opportunity to receive compensation. Charging is carried out to the sums already established to a disabled person. In case of occurrence of circumstances, due to which payments should be terminated, the caregiver is obliged to notify them to the authorized body. This must be done within five days.

Termination of compensation

The legislation establishes cases when subjects lose the opportunity to receive the amounts provided. отменяются. For example, if a disabled child is deceased , benefits to parents are revoked. To other cases, in which compensation ceases, include:

1. Changing the place of residence of a minor.
2. на полное гособеспечение. Place in a rehabilitation center for disabled children for full state support.
3. Termination of incapacitated subject. To do this, you need a statement from the ward.
4. Appointment to the caregiver of the allowance by the employment service, salary on the occasion of employment or compensation due to dismissal upon reaching advanced years.

In all these cases, a citizen is required to apply to the FIU with a statement.

Child-invalid: benefits to parents

A sufficiently large number of measures are envisaged in the federal program for the support of persons with disabilities. In particular, the mother of a disabled child who raised him for at least 8 years may retire early. It is enough to have 15 years of experience for this purpose. In accordance with the TC, mothers who have a disabled child are given the opportunity to work part-time or a week. The salary in this case is issued in proportion to the time. It should be borne in mind that this opportunity is provided until the minor reaches 16 years of age.

The rights of the disabled child and his relatives in the housing sphere are extended. In particular, they are the first to receive an apartment. Families with disabled children have the opportunity to obtain an additional area in excess of the legal norms. In addition, they are primarily granted land plots. Essential support can be called a discount on utility bills. They constitute about 50% of the established amounts for other citizens.

Transport services

Legislation provides for the provision of free travel for the parents of a disabled child. This opportunity is valid for suburban and urban public transport. The child has the right to use the privilege on presentation of the certificate. Adults need to get a special certificate. Intercity fare is paid for by these categories by 50%. Such an opportunity can be used for air, road, rail and river transport. This privilege is valid without restrictions from October to mid-May. In this case, you can buy any number of tickets. Separately it is necessary to tell about travel by the bus. Free long distance transport can be used if the child is sent to the place of treatment or back. The same opportunity can be used by the accompanying citizen.

Education

Training of disabled children can be carried out on an equal basis with all. To ensure the safety of a minor with disabilities, certain measures are envisaged. For example, if a normal pre-school educational institution is not suitable for a child due to his state of health, he can be sent to a special institution in which the proper conditions are created. At the same time, payment for stay in institutions is not charged.

Insurance experience

Is there a period of care for a child with disabilities? The entire period is included in the length of the insurance period, provided that it was preceded by labor activity. In addition, for the period of childcare, pension points are accrued - 1.8 for each year. The corresponding rule is provided in Federal Law No. 400 (1 article, item 6).

Conclusion

Care for a minor disabled is undoubtedly very difficult work. Not all can combine it with ordinary professional activities in the enterprise. Some parents do not have the opportunity to entrust the care of the child to relatives or other people. Therefore, they have to combine it with work activity. If the child's condition requires a constant presence, one of the parents has to give up work. To compensate for the part of the income that a citizen could receive while working, the state provided a special allowance.

It should be remembered that its magnitude will depend on the degree of kinship. If, for example, a mother received a certain amount of time a childcare allowance for a minor disabled person, and then transferred it to her grandmother, the amount of payment will decrease from 5.5 thousand to 1200 rubles. In this case, the conditions of its appointment, indicated above, must be observed. Currently, the support of families with disabled children remains a priority for the government. Every year, additional measures are developed, the ones introduced earlier are improved. Work is actively carried out to create an accessible environment for disabled people, including in the sphere of education and health.