The state takes care of its citizens, in particular, children, especially if they have serious problems with health. If a child is disabled, benefits are provided to parents or guardians without fail and apply to almost all areas of life.

Disabled child: benefits for parents or guardians. (The state shows increased concern for disabled children)

When it comes to children and adolescents under 18 years of age, disability is assigned without gradation by group. Serious health problems are considered as grounds for making such a decision. A conclusion on disability is made by a special commission and does this based on the results of a medical and sanitary examination.

In 5 tbsp. The rules for recognizing persons with disabilities clearly list all the grounds for establishing disability:

• congenital or acquired pathologies, injuries that provoked a serious disorder important functions body;
• complete or partial lack of ability to learn, move, self-care and other normal human activities;
• established need for social protection.

Important! In order for the commission to make a decision on assigning disability, all three conditions must be met simultaneously.

If we talk about the timing of assignment of disability, they are determined by the severity of the illness and general state of health. When there is a chance of cure or significant improvement in the situation, disability is given for 1-2 years. If MSE is repeated, it can leave you with disability for up to 5 years. If the commission noted a deterioration in health or a persistent lack of improvement, disability may be granted until the person reaches 18 years of age.

Important! A complete list of diseases and disorders for which a child is given a disability is presented in the appendix to the above-mentioned rules. There are 23 points in total, including cancer..

We understand that when it comes to a disabled child, he needs special attention and care. At the same time, parents cannot fully lead labor activity, require financial support from the state. Thus, benefits are provided in a fairly wide range.

Cash assistance and pension

Disabled children are required to receive a pension. You can learn about the procedure for calculation and payments from the Law of the Russian Federation “On State Pensions”, Art. 17, 21, 38, 113, 114, 115. Currently, the amount of pension accruals has reached 12,000 rubles. The size of the social pension can be increased at the regional level, but it cannot be reduced.

Additionally, in addition to the pension, children receive social benefits. Their value ranges from 2600 rubles.

Non-working persons (parents, guardians) who care for a child are accrued special compensation payments. They are produced monthly and amount to 60% of the officially approved minimum wage. On practice - this is approximately 5500 rubles.

If a woman raised a disabled child under 8 years of age, she begins to receive a pension from the moment she reaches 50 years of age. To do this, one condition must be met - having 15 years of work experience. This period includes all the time the mother cared for a child with a disability. All these points are spelled out in the Law of the Russian Federation “On State Pensions”, Art. 11, 92(b).

To apply for compensation benefits, which are paid to persons caring for a disabled child, regardless of the degree of family relationship, it is necessary to collect the following documents for the Pension Fund:

• application for benefits;
• passport – copy and original;
• SNILS of the applicant and the person requiring care;
• birth certificate of a disabled child;
• conclusion about disability;
• certificate from the employment center. It should be noted here that the parent or guardian is not receiving unemployment benefits;
• guardian's work record book;
• current bank account.

Submitted documents are reviewed within 10 days. Payments begin on the 1st of the month. If a decision is made to refuse, it is announced within 30 days.

Labor benefits

Working parents or guardians of disabled children are provided with the following labor benefits

A woman caring for a disabled child under 16 years of age has the legal right to work part-time and part-time. Labor is paid proportionally, depending on the time worked. This procedure is prescribed in the Labor Code.

Also, the mother cannot be left overtime or sent on business trips if she has not agreed to this herself.

An employer does not have the right to refuse employment to a woman or reduce her wages because she has a child with a child. disabilities.

If a mother is raising a disabled child on her own, the Labor Code prohibits dismissing her from work. The only exceptions are situations when we are talking about the complete liquidation of the company. But, in this case, the woman must be given a new job. This procedure is prescribed in Articles 54 and 170 of the mentioned document.

Also, one of the parents raising a child with disabilities will receive 4 additional days off per month. They can be used by one person or each parent for 2 days.

Leave is granted to the father or mother at any time convenient for them.

Important! If one of the spouses plans to take additional days off or vacation, he must provide the employer with confirmation that the other spouse did not use these benefits. Both parents can simultaneously exercise only the right to refuse business trips or overtime work.

Tax benefits

They are provided to one of the parents. The procedure is regulated by clause 4 of Art. 218 part 2 of the Tax Code of the Russian Federation. It is noted here that either the father or the mother is given a tax deduction of 12,000 rubles. It is calculated every month. If a disabled child is raised by guardians or trustees, a reduced deduction applies to them, and its amount is 3,000 rubles.

Housing benefits

They are regulated by the law on social protection of disabled people. Information on the topic is indicated in article 17. It is noted here that families raising a child with disabilities can count on the following:

• provision of housing. This is paid for by the state. The only thing that is required of parents is to register where persons in need of improved housing conditions are registered;
• payment of 50% of utility bills. If a family rents premises for social rent, half the cost will be repaid;
  • provision land plot for its subsequent use for personal purposes. Again, in order for parents to exercise this right, it is necessary to submit the appropriate application and documents to the social service.

Additionally, the family can count on expanding the living space. It is possible in a number of situations that are prescribed in Decree of the Government of the Russian Federation No. 817 of December 21, 2004. Since 2018, the updated list has come into force dated November 30, 2012 No. 991n.

Families raising a child with a disability are provided with benefits for utility bills. The amount of payments is reduced by half. This benefit applies to housing from the category of premises for social rent.

Medical benefits

In accordance with Art. 9 of Law No. 181-FZ, every child with disabilities and problematic health has the full right to the necessary rehabilitation. Therefore, public medical and other institutions must provide free of charge:

• some medications;
• technical aids, such as crutches or wheelchairs;
• rehabilitation or treatment.

All the benefits that you can count on in this situation are listed in Order No. 2347-r dated December 30, 2005. On the topic of treatment, clarification is given by the order of the Ministry of Health and Social Development No. 328 dated December 29, 2004.

If a child is being raised by a single mother, she has the full right to enjoy all the necessary benefits provided for families with disabled children. Additionally, she is provided benefit programs, designed for single parents.

Transport benefits

A disabled child, as well as the person accompanying him (mother, father or guardian) have the full right to free travel on city public transport. Only taxis do not fall into this category. To obtain the right not to pay the fare, you must present the driver with a disability certificate, as well as a document confirming family connection the child and the person accompanying him.

Additionally, the state has provided the following benefits:

• 50% discount on any intercity transport except taxi;
• free travel to the place of treatment. The trip is paid by the state both ways. The benefit can be used once a year.

Additional privileges may be provided, depending on the regional charter, as well as the health status of a particular disabled child.

Benefits for training

Every child with a disability has every right to attend kindergarten, school. These can be regular or special institutions. Benefits for parents include a simplified admission scheme, discounts or complete absence need to pay tuition fees.

If a disabled child needs education and upbringing at home or in a non-governmental institution, in such situations parents can also count on preferential conditions. The detailed procedure is prescribed in Decree of the Government of the Russian Federation dated July 18, 1996 No. 861.

Video - Benefits for disabled children. Rights and benefits for parents of disabled children

Families with a disabled child cannot do without state help. Many parents do not want to register a disability for fear of being “stigmatized” for life. But in fact, those children who are entitled to benefits and payments find it much easier to adapt to society thanks to material support from the state. You can read more about what a disabled child is entitled to and what benefits parents of children with developmental disabilities can claim in this article.

Why register a child as disabled?

State support for people with disabilities was created in order to promote their development and socialization, despite health restrictions. Despite the fact that the payments and technical rehabilitation funds provided by the state are never enough, it is still a huge support for families with disabled children. After all, often the mother of a child cannot afford to go to work and must devote all her time to the baby. In this case, it will be the only source of livelihood, so it is important to register it as quickly as possible. What do I need to do? At first glance, the path may not seem easy.

First, you need to contact the head of the clinic or a specialized specialist who will tell you which doctors you need to see to receive disability. If a child has a serious condition and is in a hospital, then the head of the department must do this. Starting recently, only state medical institutions can apply for medical examination, which is where disability is assigned. After all the formalities have been completed and a date has been set for undergoing a medical and social examination, all that remains is to wait for the appointed date and visit the commission with the child. You must have hospital records or specialist reports on hand. After an interview and examination of the child, specialists will make a decision on assigning a disability and, if the answer is positive, they will hand it over to you, which should indicate all the benefits you are entitled to.

Diseases for which disability is given

The Law “On Social Protection of Persons with Disabilities in the Russian Federation” of 2018 clearly indicates diseases and disabilities that may cause a child to become disabled.

1. Disruption of the body's natural systems (immune, endocrine, nervous, etc.) or organs (including skin).
2. Lack of skill or normal functioning of language and speech.
3. Varied mental disorders.
4. Violations natural development as a result of injury or organic abnormalities.

In general, these are any deviations and features of development and health that limit the perception of the world, the ability of normal socialization and functioning in society. Among the most common diagnoses with which people come to the ITU are various orphan diseases, cerebral palsy, mental retardation, paralysis, celiac disease, hearing loss and many others.

In official legislation, there are three degrees of disability, but for children and adolescents under 18 years of age there is only one, general degree: disabled child. What benefits does this group provide?

What is a disabled child entitled to?

On this moment The state guarantees the following benefits and payments to those families in which a disabled child is growing up:

• pension benefits;
• benefits related to the work of fathers and mothers;
• child care benefits;
• issuance of TSR or refund for independently purchased devices;
• training and education, assistance from specialists in specialized centers and medical institutions;
• income tax benefits;
• benefits for utilities;
• extraordinary improvement of living conditions (for some categories);
• free medical and sanatorium-resort services;
• benefits for transportation costs.

Each of these is designed to help in raising special children and in their successful socialization. Despite the fact that rehabilitation, according to the law, is provided free of charge, there is a catastrophic shortage of specialists and centers in the country, so parents are forced to look for ways to independently provide their child with monthly expensive rehabilitation. For those children who require expensive imported medicines, families are also forced to provide them at their own expense. And this is not to mention various TSR and consumables, which can also be quite expensive. That is why it is important to know about every benefit and payment that can at least help provide a livelihood and make the life of disabled children easier.

Pension size depending on region

All children with disabilities are entitled to a social pension, which is paid from the Pension Fund. How much is a disabled child entitled to? In 2018, the social pension is 12,082 rubles.

Is a group entitled to a disabled child? Yes, but only after he reaches 18 years of age. Adult citizens who have the status of “childhood disabled,” unlike children, have 3 disability groups. For example, for the first, heaviest group, the state prescribed a payment of 12,082 rubles. For the second group, the benefit is 10,481 rubles. How much is required with the third degree of restrictions? In this case, the pension is 4279 rubles. The degree of severity is determined by a medical and social examination based on examination and the conclusions of other specialists.

It is important to know that if a disabled child loses a breadwinner, he cannot claim two pensions at the same time. As a rule, the choice is made in favor of a larger payment amount. Like all other preferential categories of citizens, disabled people have their pensions recalculated every year, during which the amount of benefits increases by an average of 4.1% (as was the case in 2018). The size of the pension remains basically unchanged until adulthood. And, as already mentioned, after 18 years, the amount of payment depends on the category of disability.

Registration of a pension for a disabled child

What do you need to apply for a pension? After the child has been assigned a disability, you need to collect all the documents and go to the Pension Fund. Either the parents or the child’s legal representatives can apply for a pension. You need to have with you a passport, a birth and marriage (or divorce) certificate, an ITU and IPR conclusion, SNILS for an adult and a child, as well as a certificate from the housing fund in form No. 9. The standard processing time for documents is 10 days, after which an appointment is usually assigned allowance. It is credited to a bank card (for this you need to bring bank details) or to the post office at your place of residence. Savings books have recently been abolished, so most people choose to transfer funds to a card. In order to save time, you need to find out what other benefits can be immediately applied for from the Pension Fund.

Allowance for caring for a disabled child

You can apply for another payment from the Pension Fund, which is provided to a non-working parent. Mothers of children with special needs, who are forced to pay attention to their child 24 hours a day until adulthood, find themselves in an extremely vulnerable position. Unable to work, they must support themselves and their children only on a social pension. An additional payment can provide a little support to parents in this situation.

The allowance for caring for a disabled child currently amounts to 5,500 rubles. In Moscow, payments are much higher: the benefit there is 12 thousand rubles. It is appointed only if one of the parents caring for the baby is not employed. What documents may be needed to process this payment? First of all, you need to get a certificate from the employment service stating that you are not registered with them. You also need to take your work book with you, which will serve as proof that you do not work anywhere. All other documents are standard.

In order to speed up the application process, it is best to take photocopies of all documents with you. If you go back to work, payments stop. You can receive funds either by card or by post office. If you are not a close relative of the child, but still care for him, then the amount of the benefit is significantly reduced. The payment amount for other persons is only 1200 rubles. This is due to frequent fraud.

Regional allowances

It is no secret that the size of pensions has always depended on the region of the country. In some areas, bonuses are paid that are added to the basic pension and increase the income of disabled people. What payments are due to a disabled child depending on territorial affiliation? For example, in St. Petersburg the following amendments apply:

• If both or one parent (or legal representative) of a disabled child has a disability of the first or second group, then an additional payment is assigned in the amount of 9,125 rubles from the city budget.
• If a disabled child has special needs(in the IPR the first degree of disability is indicated), then monthly allowance from the city will be 14,806 rubles.

To apply for these benefits, you will require permanent registration within the city.

Residents of Moscow can apply for the purchase of a set of clothes for a child for the duration of his studies (i.e., from the age of 7). Assistance is provided once a year, the payment amount is 10 thousand rubles. Also, an unemployed parent (or legal guardian) of a disabled child has the right to receive an increased benefit - in Moscow its amount is 12,000 rubles. The allowance for caring for a disabled child is paid monthly.

Leave and benefits for working parents

What benefits are available to parents of a disabled child? In addition to the care allowance, the father or mother may be entitled to a number of other benefits. In particular, this concerns labor legislation. For example, the mother or father of a child with special needs under 16 years of age, who is officially employed, has the right to part-time working week or part-time. This right is affirmed by Article 49 of the labor legislation of the Russian Federation. An employer does not have the right to fire a parent of a disabled child who works short hours. But such an employee will receive payment according to the time worked.

But the benefits due to parents disabled children, it doesn’t end there. Since the majority of mothers caring for their children with disabilities cannot find a job, they will also not be able to receive a pension in the future. But this is real work, which does not leave a free minute or time for other activities. Therefore, the state decided to provide support to such families. From birth until the age of 18, Nim’s mother has the right to receive a pension early (from the age of 50) if she has 15 years of work experience. Time spent caring for a child with a disability may be considered by the state as work experience. But one of the conditions must be met: a citizen of the Russian Federation must work for a certain amount of time before the birth of the child.

Benefits provided to parents of disabled children also include amendments regarding vacations for working citizens. A parent of a disabled child can take leave at any time. The required leave, if the child is disabled, applies only to those parents who care for the baby (mostly mothers). Also, the mother or father has the right to additional days off, which the employer is obliged to pay according to the employee’s average rate.

Discounts on CU

What payments are due to a disabled child in the field of utilities? Since monthly payments for electricity and water make up a significant part of the family budget, the state provides discounts to families that include people with disabilities. At the moment, the discount on CU is 50% and is returned to the disabled person’s current account in cash equivalent. That is, you will still have to pay the full cost of utility bills, but you will receive half of the average amount on your card or at the post office. If you have a landline phone, then the 50% discount will apply to that too. To apply for this deduction, you need to contact the MFC with the following documents:

• Receipts from housing and communal services, for gas, electricity, water and telephone (for one month).
• Passport of the parent or legal representative.
• Birth certificate.
• Certificate from the housing fund in form No. 9.
• Certificate of disability.

Issuance and compensation of TSR

What is a disabled child entitled to from the state, besides cash payments? According to the Government Decree of 1995, all disabled people must be provided with specialized cuts and orthopedic products, as well as other technical means of rehabilitation. High-quality TSR is necessary for all disabled children for a full life and socialization, for the prevention of secondary complications and for stimulation of physical and mental development. The potential of special devices should not be underestimated. At the same time, high-quality imported TSR can be very expensive. In Russia there are two ways to purchase additional funds rehabilitation.

1. Receipt from the state. If you have TSR registered in your IPR, you can get them for free by queuing at any MFC. Unfortunately, this method does not guarantee the receipt of high-quality technical equipment, since the goods are often purchased of the lowest quality and are inconvenient for the patient. But there are no expenses for the family. Depending on the region, waiting in line can last for several months.
2. Independent purchase and subsequent compensation. The family of a disabled child can purchase the required equipment or devices themselves, and if it is included in the IPR, the state will compensate for the full or partial cost of the TSR. The amount of payments can be viewed on the website of the regional branch of the Social Insurance Fund. For monetary compensation, you must contact the MFC and provide proof of purchase: cash receipts and sales receipts with the name TSR.

Vouchers

What assistance are available to disabled children in terms of medical and sanatorium-resort provision? A disabled child has the right to visit a sanatorium. Various institutions issue vouchers:

• Federal Social Service.
• Health Committee.
• Local medical facilities.

Depending on the place of application, a family with a disabled child may receive a referral to the south, to regional sanatoriums. The Health Committee usually pays only for accommodation, without providing services. medical services. But basically, a trip to a sanatorium is designated as a medical and leisure event with the receipt of appropriate services.

Free medicines and travel discounts

As for medicines and travel on public transport, there are also benefits for disabled children. All disabled children and the person accompanying them are entitled to free travel within the city and suburbs (including on electric trains). To travel for free, you must have a green discount pass and a certificate of disability, which can confirm the legality of your actions.

There is a 50% discount on intercity buses and trains from October to May. The Russian government also guarantees free travel to places of health resort treatment. The benefit can be used once a year.

What benefits does a disabled child have in terms of medications? If you have a doctor's prescription with the necessary prescriptions, you can receive free medications (if available) at district clinic. This is especially true for those children who need to take expensive medications every month. It is important to note that a family with a disabled child can receive all these benefits only if they have not formalized a waiver of these services. Otherwise, financial compensation is due, which is paid every month and amounts to about 3 thousand rubles.

Housing and car

Is a disabled child entitled to housing? This is a controversial issue that has long caused dissatisfaction among parents of children with disabilities. They often spend all their money on maintaining the child’s health and have no opportunity to improve their living conditions. Disabled children are entitled to housing, but only if their illness poses a danger to others. This category includes, for example, children suffering from tuberculosis in acute form or with certain mental illnesses. In other cases, a disabled child will not be provided with an apartment.

In 1995, the Russian government issued a Decree on additional security disabled people with cars if they are urgently needed. However, this decree lasted only 10 years and in 2005, queuing to receive a car was closed. Thus, only those disabled people who submitted an application before 2005 can receive a car.

Results

Benefits for disabled children are extremely important. The upbringing and rehabilitation of children with special needs requires full commitment from parents and an extensive material and technical base. Although the state cannot provide full support to such families, it is necessary to know what a disabled child is entitled to in order to provide at least the minimum of his needs.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

Monthly benefits for caring for a disabled child in 2019

Families with disabled children are one of the most vulnerable groups of the population. That is why financial assistance The state takes care of such families.

The goal of state policy is to provide such families with everything necessary so that disabled children can lead a full life. Below we will find out who can count on receiving assistance, what is the compensation payment for caring for a disabled child, what additional payments exist for a disabled child under 18 years of age, and so on.

Who can receive payments for disabled children?

• To receive benefits, you must undergo a medical and social examination (), which must recognize the child as disabled. The main objective criteria for recognizing a child as disabled:
• There are health problems that are caused by various diseases, injuries or defects.
• Health problems limit normal life activities.

The child needs social protection and/or rehabilitation.

• If your child meets the above requirements, then MSEC recognizes your child as disabled. You also need to remember that the degree of disability is not established for the child, but only the status of a disabled child is assigned. If the child’s condition does not improve, then after reaching adulthood he will be assigned the status of childhood disability of groups 1, 2 or 3 (depending on the severity of the violations). A parent or guardian must handle the registration of the pension. To apply for a benefit for caring for a disabled child in 2019, you must provide the following documents to the Pension Fund of Russia (PFR) or the Multifunctional Center (MFC):
• Statement.
• Passport or document confirming the applicant’s permanent residence in the Russian Federation.
• Child's birth certificate.

MSEC conclusion.

A child under the age of 18 who is recognized as disabled is entitled to a social pension. In 2019, the amount of payment for caring for a disabled child is 13,170 rubles. Monthly cash payment () and Social Service Package (NSS) are also provided. NSO means providing free medicines, the right to free travel on public transport, health resort treatment, and so on. Parents or guardians of a disabled child can completely or partially refuse the NSS in favor of cash payments. If the NSU is completely abandoned, the EDV for disabled children in 2019 is 2,527 rubles, and if they receive the full NSU package, the EDV will be 1,478 rubles.

The state also provides various benefits and payments to parents of disabled children:

• Monthly allowance for a disabled child to a non-working parent, guardian or other person. How much do they pay to care for a disabled child?
• Non-working parents or guardians will receive 5,500 rubles. There are also compensation payments for caring for a disabled child to persons who are not legally the child’s guardians or parents, but are actually looking after him. Such persons can count on receiving a small benefit of 1,200 rubles.
• Payment for days to care for a disabled child. By law, one working parent/guardian has the right to 4 paid days off to care for a disabled child.
• One-time cash benefit for the adoption of a disabled child. It amounts to 124,929 rubles, but only when adopting a disabled child over 7 years old. Tax deductions. Tax credits are fixed, tax-free payments given to working parents/guardians to boost the family's net income. Sum tax deduction
• is 12,000 rubles for parents or 6,000 rubles for guardians. An important difference between deductions is that, firstly, they are provided at the place of work and, secondly, they are provided in proportion to the number of disabled children. Others social benefits

and guarantees. Among them are early retirement for the parent, discounts on the purchase of housing, partial government compensation for utility bills, and so on.

Regional features

How much is the allowance for caring for a disabled child in Moscow?

• The additional monthly benefit will be 6,000 rubles. If the parent/guardian does not work, then he can receive an additional 6,000 rubles. In case of loss of a breadwinner, a small benefit in the amount of 1,450 rubles is also provided.
• The additional monthly benefit in St. Petersburg ranges from 6,220 to 14,020 rubles, depending on the type and severity of the disease.

31.03.2019

The additional monthly benefit in Novosibirsk ranges from 318 to 900 rubles, depending on the type of disease.

Last updated March 2019 A disabled child requires much more attention, care and time than children without developmental disabilities. This leaves its mark on the life of their family. In this regard, benefits are established at the state level for parents who have a disabled child, which are designed to facilitate work days

, reduce tax burden, improve the living conditions of such families, etc. Read on to learn more about what benefits are provided for parents of disabled children by law and how to take advantage of them.

Who is a disabled child

1. A disabled child is a minor (under 18 years of age) who has:
2. A health disorder accompanied by a persistent disorder of body functions caused by injuries, diseases, or defects.
3. Complete or partial loss of the ability for self-care, independent movement, orientation, communication, control of behavior or learning.

The need to receive social protection measures, including rehabilitation and habilitation. In this case, all of the listed signs must be observed simultaneously . That is, if a child diabetes

, but this does not affect his normal life activities in any way, he can take care of himself, move around, etc., then the ITU does not recognize him as disabled.

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

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

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

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

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

Disabled child benefits for parents in 2019

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

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

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

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

Labor benefits for parents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I confirm the accuracy of the information I provided.

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

The following documents must be attached to the application:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STATEMENT
able-bodied person caring for a disabled child

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

Date of birth: October 13, 1951

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

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

11/11/2008
E.G. Kotenkina

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

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

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

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

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

Tax benefits

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

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

1. 12000 rub.- for natural parents and adoptive parents.
2. 6000 rub– for a guardian, trustee, adoptive parent, spouse of an adoptive parent.

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

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

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

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

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

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

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

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

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

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

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

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

1. Moscow
2. Saint Petersburg
3. Leningrad region
4. Volgograd region
5. Murmansk region
6. Sverdlovsk region
7. Chelyabinsk region

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

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

Housing benefits

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

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

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

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

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

Transport benefits

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

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

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

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

Financial assistance to parents of disabled children

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

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

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