Benefit for caring for a disabled relative. What payments and benefits are entitled to a disabled child from the state?

Russia provides various benefits to needy categories of the population, especially disabled people - they can count on different kinds benefits from the state. However, their loved ones can also receive cash payments - the legislation provides for benefits for caring for a disabled person of group 1. In 2018, there was an increase in this payment due to indexation, which affected most mechanisms of social support for the population.

Benefits for disabled people - what they are, legal regulation

Benefits for people with disabilities and their caregivers are considered in the provisions of the following regulatory documents:

• Federal Law No. 181 dated November 24, 1995. This law is the main legal act through which it is ensured legal regulation protection of persons with disabilities in Russian Federation, including providing benefits to disabled people.
• Federal Law No. 166 dated December 15, 2001. This document considers social as one of the types of payments, due to disabled people– it is accrued to them depending on the existing disability group and regardless of whether they work or not.
• Decree of the President of the Russian Federation No. 175 dated February 26, 2013. The provisions of this document establish the basic principles for paying benefits for the care of a group 1 disabled person in Russia.
• Government Decree No. 397 of 05/02/2013. This resolution approves a specific procedure for ensuring the payment of benefits for the care of disabled people.
• Government Decree No. 95 of February 26, 2006. This document establishes general principles, according to which it is set social status disabled person

According to the above regulatory framework, payments to disabled people and related persons may take the following form:

• One-time cash payment (LCP). This is a benefit for disabled people, which can consist of two parts - the actual payment itself and financial compensation for the set provided free of charge social services, if the disabled person does not use them. NSU is the same for all groups and is set at 1075.19 rubles. The amount of such benefits for disabled people as EDV is 998.32 rubles for group 3, 1515.05 rubles for group 2 and 2551.79 for group 1.
• . Every disabled person can also count on receiving a disability pension. You can read more about it in a separate article.
• Benefit for caring for disabled people. This benefit is provided to persons who do not work due to the need to provide adequate care to a disabled person in need. These payments will be discussed in more detail below.

They are discussed in a separate article on the site and have their own nuances of obtaining and features of legal regulation.

Who can receive benefits for caring for a disabled person in 2018

Disability care benefits are paid to persons who provide care to residents of the Russian Federation who need it due to their disability. Moreover, this benefit is intended specifically to compensate for the fact of the absence of an employment relationship. However, current regulations have a large number of restrictions and conditions that must be observed to receive such benefits.

In Russia, there is no benefit for caring for a disabled person of group 2 or 3. Persons caring for such disabled people can receive state support only when the disabled person reaches the age of 80 or if they have a conclusion that declares them elderly and in need of care. Moreover, upon reaching the age of 80, this payment does not require any additional documents to obtain it, including disability.

Thus, benefits for caring for a disabled person are provided only in three cases:

However, there are certain limitations that must be taken into account. Thus, the benefit for caring for a disabled person of group 1 is canceled if:

• Death of a disabled person.
• Death of a caregiver.
• The caregiver goes to work.
• Change of disability group.
• Caregiver's retirement.
• Actual failure to provide care for a disabled person.

Only one person caring for him can receive benefits for caring for a disabled person of group 1. However, there are no restrictions on the number of specified benefits - funds are awarded separately for each disabled person cared for by the applicant for benefits.

Amounts of benefits for caring for a disabled person of group 1 in 2018 after an increase

Most social benefits in the Russian Federation are increased regularly, sometimes on an annual basis or even more frequently. Therefore, many are interested in the amount of benefits for caring for a disabled person of group 1 in 2018 after the increase in compensation. However, indexation is not applied to payments for the care of disabled people, since they are carried out on the basis of the Presidential Decree, and not Federal Law, and the text of this document does not contain information about the indexation of payments.

Therefore, the actual amounts of benefits for caring for a disabled person of group 1 remain fixed and are:

• For those who have been caring for a group I disabled person since childhood - 5,500 rubles per month.
• For persons caring for a group I disabled person who was not a disabled child – 1,200 rubles per month.

A benefit in the amount of 5,500 rubles can only be received by the parents of a former disabled child or his official guardians. Other caregivers can only count on payments of 1,200 rubles.

You can receive benefits for caring for a disabled person at the Pension Fund branch upon presentation of the following package of documents:

• An application from a caregiver and a disabled person, except in cases where the latter is declared incompetent.
• Documents confirming disability.
• Certificate of non-accrual of pension to the caregiver.
• Documents identifying the disabled person and their caregiver.
• Work book, if available.

In 2019, it is paid, according to the law, to those people who care for an incapacitated person.

A non-working able-bodied citizen who has taken custody of a person with disabilities(disability of the first type, with the exception of a disabled minor, an elderly person who needs according to instructions medical institution in round-the-clock assistance, or a citizen over 80), has no influence on whether the guardian and the ward live together, whether they are directly related to each other, the state establishes monthly payment compensation.

The rate this year is 1200 rubles. At the same time, this assistance is paid with the required pension accruals that the incapacitated person receives.

Parents, guardians, adoptive parents and other representatives who care for incapacitated minors or people with the first group of disabilities receive fixed assistance.

Each month the amount is calculated:

• Direct relatives and adoptive parents – 5.5 thousand rubles.
• Other legal representatives – 1.2 thousand rubles.

These payments are calculated when a person who cares for or wants to care for a disabled person applies for registration of rights with a number of documents and a petition. Documents are submitted to the Pension Fund, which is authorized to calculate payments and length of service for these candidates.

For individuals who are in the Far North and nearby areas, in other hard-to-reach and difficult conditions, where additional material and physiological efforts of living people are required, the rate of payments due will be increased according to the established regional coefficient.

Guardianship time is accrued to a citizen who cares for an incapacitated person, a disabled minor, and someone who is already 80 years old. In this case it is necessary seniority in the form of 1.8 pension points for every 12 months. The caregiver is given the opportunity to save pension savings in order to receive an insurance pension.

State auxiliary payments for maintenance are received by one non-working sane and capable person per one incapacitated citizen. Citizens who receive social payments, scholarships, pension amounts, under guardianship, they will no longer be able to receive additional government payments, since they already have income. Documents are submitted to the Pension Fund, and it is checked whether the person has the ability to provide comfortable conditions for the infirm.

Compensation

This year, the governing body for labor and social support of individuals is providing assistance to citizens and asking for it from persons who wish to take the right to care for disabled people, agree to undergo testing and training for this procedure, so that disabled persons feel comfortable.

Such persons receive, depending on the situation and situation, one of the types of state auxiliary payments:

• Financial compensation for citizens who provide support to people in need, in accordance with the updated legislation.
• Capable citizens who were forced to give up work due to caring for the infirm, the elderly and disabled children.
• Financial assistance to citizens who have adopted a disabled person into their family psychological disorder who requires 24-hour care.

How is each method calculated and determined?

In each region, for more than 10 years, every year in the process of forming financing, payments according to the above list are separately provided. Currently, every city, without exception, is given such a benefit. The resolution of the Cabinet of Ministers approves the scheme for registering and making payments of benefits for the care of disabled people to citizens who provide social support to those who are waiting for her.

If you follow this bill, non-working individuals Those who permanently care for citizens over 80 years of age, disabled people of the first two groups, disabled minors, people unable to independently care for themselves and in need of round-the-clock care must receive appropriate funding for their work.

As practice and calculations show, in 2012, 1047 people received this compensation, among them 239 people who left their jobs to provide services, 808 unemployed citizens providing these services. This year, in the first half of the year, 989 people who care for someone received payments for their social services.

Compensation is calculated taking into account the needs of the person and the needs for him in case of loss of work due to guardianship of an incapacitated person (if the able-bodied person agreed to guardianship):

• 15% are citizens caring for disabled people of the first group;
• 10% - to those who care for disabled minors, those in the second group;
• 7% are citizens who care for insolvent people, disabled people of the third group, and those who have been assigned round-the-clock care.

Documentation for processing payments

A candidate for a state payment submits the necessary documentation to register guardianship over a disabled person:

• a well-formed application;
• information confirming the insolvency of a person, this may be a passport, pension data, certificates from medical institutions;
• confirmation of a person’s ability to work. Characteristics from the last place of work, confirmed financial capabilities;
• information about the candidate’s housing if the disabled person will be staying with him;
• personal passport details.

It is also necessary to undergo training for this position. The pension fund has the right to refuse to assign the status of a guardian if he has committed misconduct that spoils his reputation, or he is limited in any rights.

Today, every citizen caring for a person with a group 2 disability is given the right to receive compensation for caring for a person in need of help. In this article, we will consider in what cases care allowance is paid and how to formalize it.

Who is considered a group 2 disabled person?

The main features of this category of disability:

• the person has limited legal capacity and uses special medical equipment for movement;
• a person can, with outside help, perform basic activities to service his own requirements;
• human learning and communication in society can only occur with outside help and under special conditions.

Who is entitled to benefits for caring for a disabled person of group 2?

Any person can take care of a disabled person, regardless of whether there is a blood connection between them or whether it is a complete stranger. At the same time, an individual may have the right to receive state care assistance under the following conditions:

• the incapacitated person and the trustee have reached mutual agreement on the issue of care;
• both parties are citizens of the Russian Federation;
• The guardian is not employed.

Who is not entitled to receive compensation?

According to legal provisions, cannot qualify for social benefits:

• persons registered at the employment center;
• persons engaged in private activities;
• persons who are accrued any type of pension benefit.

Payments to a person caring for a disabled person of group 2

Citizens who are able to work, but are not employed due to the care of an incapacitated person, have the right to receive money from the state budget. This amount can vary between 1200 – 5500 rubles.
The amount of 1200 rubles is accrued to the trustees:

• caring for a person who has become disabled from a disease (injury);
• caring for a person aged and older with a disability.

The amount of 5,500 rubles is awarded to trustees caring for incapacitated children.

Attention! If the trustee and the incapacitated citizen live in a region with difficult climatic conditions, then the amount of state assistance will be assigned taking into account the regional coefficient.

What documents are needed to apply for benefits?

The list of documents required for registration of state aid includes the following papers:

1. Application from the trustee.
2. Application from a person wishing to obtain from this person help. If he cannot sign the application himself, then doctors confirm this fact with a medical examination report.
3. Certificate from the guardian stating that he is not working.
4. Certificate from the guardian stating that he does not have a pension.
5. MSEC act on assigning a category 2 disability to a person and confirming that he needs supervision.
6. Documents confirming the identity of the applicant.

The process of applying for care benefits

Monthly monetary support is assigned to the trustee in the Pension Fund of the Russian Federation. All documents are submitted here. The process of processing social benefits proceeds according to the following scheme:

1. All documents for receiving government assistance are collected according to the list above. (more full information can be obtained from the Pension Fund of the Russian Federation).
2. You must contact the Pension Fund with all documentation.
3. Within 10 days, the documentation is processed, and the applicant receives a notification about the approval of the accrual of monetary assistance or its refusal.

Methods of obtaining government assistance

According to legislative acts, a person caring for an infirm person can receive state support in two ways:

1. Payments are transferred to the post office at the place of residence of the incapacitated person simultaneously with his pension. If there is an appropriate application, the postman will bring a pension to the disabled person with a state supplement to his caregiver.
2. The compensation is transferred to the applicant’s bank card. Money from the state treasury is transferred to the card in due date(therefore, dependence on the postman is excluded).

For your information! In order for the compensation to be credited to the card of the person caring for the infirm person, he will need to indicate the bank details and his account number in the application when completing documents for compensation.

Current questions and answers

• Question one: In what cases can the state refuse to provide benefits to a person caring for an incapacitated person?

  Answer. There are several reasons for refusal:

  • if the person caring for the needy concealed the fact of employment;
  • in the documents for social benefits, the signature of the person in need was forged;
  • if a person aged 14–18 years is caring for a person incompetent, but there is no official consent of the child’s parents for such actions.
• Question two: Citizen with disabilities physical capabilities(2nd group) certain time could take care of himself. Over time, his health deteriorated and outside help was required. Will the guardian be able to receive government payments for supervision?

  Answer. To receive state benefits for care, a disabled person will have to undergo social expertise, on the basis of which an act on changing the category of disability, which requires outside supervision, will be received.

• Question three: The daughter does not get a job because she is caring for her disabled mother (her mother is over 80 years old) and receives government compensation for this. Will years of looking after a sick person affect your work experience?

  Answer. Yes. All years during which the guardian received benefits will be included in the length of service.

For one year of caring for a disabled person, the carer is entitled to an accrual 1.8 points and inclusion of this period in the insurance period. All periods of caring for a disabled person are included in the insurance period without limitation.

If a citizen simultaneously cared for several disabled people during the same period, then the care period will be calculated once and the number of points when calculating the pension amount does not change.

Citizen A cared for disabled person B in the period from 12/01/2016 to 05/13/2017, and at the same time for disabled person B in the period from 01/12/2017 to 09/18/2017.

In this case, the period of care from 12/01/2016 to 09/18/2017 will be taken into account in the insurance period as one period, regardless of how many citizens were cared for. Periods of care are included in the individual personal account and will be taken into account when assigning a labor pension.

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Group 2 disabled people need additional care from third parties because they are limited in their legal capacity. Persons who provide care have the right to apply for benefits. This measure allows you to compensate for the lack of opportunity to work fully.

general information

Caring for a disabled person of group 2, the benefit for which is established at the regional level, is paid to the person who actually cares for the person with limited legal capacity.

In this case, the citizen does not have to be a family member or relative of a disabled person. If a person limited in legal capacity has no relatives or a guardian has been appointed to him by the court, then it is the guardian who has the right to receive benefits.

The guardian of a disabled person can be a complete stranger.

In this case, care implies:

• permanent residence with limited legal capacity in one locality;
• lack of opportunity to be employed.

Payment amount

Legally, a citizen caring for a disabled person of group 2 is not entitled to receive benefits. However, if the disability group is equal to 1 for the disease, then payments are due.

For example, if a person is caring for a citizen whose visual diseases do not allow him to care for himself independently, but the first disability group has not yet been assigned (no total loss view), then payments can be assigned.

Each region sets their size independently. So, in the Penza and Saratov regions it is 3,567 rubles monthly. At the same time, the caregiver retains the right to receive other benefits provided for by law.

Important! If the disease for which disability is assigned is not included in the list of diseases requiring ongoing care third parties, payments will not be assigned.

In this case, the caregiver can only count on labor benefits: a ban on working overtime, on holidays and weekends, as well as additional, unpaid leave upon request.

How to receive payments in 2019

In order to receive payments for caring for a disabled person of group 2, you must contact the Pension Fund at your place of residence.

It is from the funds of the Pension Fund that transfers of benefits and recording of work experience are carried out.

Download for viewing and printing:

Important! Currently, it is possible to submit a similar application in electronic form through a personal account on the Pension Fund website. Users registered on the public services portal can contact the Pension Fund for registration of various services electronically.

Documents to be received

When applying to the Pension Fund, you must write an application for benefits and also provide a package of documents:

• a certificate from the Employment Center stating that the applicant does not receive unemployment benefits there;
• a certificate from a medical commission confirming that a citizen has been assigned a disability for a specific disease;
• certificate of a disabled person of the second category;
• a copy of the passports of the applicant and the disabled citizen;
• document confirming guardianship;
• a copy of the personal bank account where the benefit will be transferred;
• certificate from place of residence.

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Review of documents

The processing time for an application is on average 30 calendar days.

No document is received in response to the application if the benefit is assigned. If payments are not assigned, the applicant receives a response with an official refusal and indicating the reason for the refusal. It can be challenged in court.

Important! If an employed citizen is counting on benefits, he will receive a guaranteed refusal. It is established by law that a working citizen cannot fully care for a disabled person.

Other benefits

An employed citizen who cares for a disabled person of the second group has the right not only to labor benefits, but also to housing and communal services.

Thus, in some regions a 30-50% discount on payment for housing and communal services is allowed.

In addition, the guardian has the right to free pass and accommodation in dispensaries and hospitals where a disabled person undergoes treatment or rehabilitation, if the latter requires additional care. The decision on the need for such care is made by a medical commission that is treating a citizen with limited legal capacity.

A certificate issued by a medical commission is the main document when purchasing tickets and registering a disabled person for treatment at a dispensary or sanatorium.

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