What payments and benefits are due to a disabled child from the state. Labor guarantees for parents are provided for by several provisions of the Labor Code. Care payments

The impairment must be:

• resistant;
• due to disease, injury or defect;
• obvious, i.e. there is a complete / partial loss of self-service or cannot communicate, control themselves, learn.

A child is considered disabled from the moment of registration of his status and, as a result, he receives a pension certificate. We have already written in detail about the rights of disabled people of group 1 in Russia.

For education

Article 19 of the Federal Law of November 24, 1995 N 181-FZ the state ensures the necessary rights of disabled children to receive education, which is publicly available. The following types of education are provided free of charge in state and municipal institutions:

• preschool education (kindergarten);
• general education: primary, basic, secondary (school: grades 1-4, 5-9, 10-11);
• secondary vocational education (technical school, college);
• higher (institutes, universities, academies).

General and secondary vocational education is carried out according to an adapted and / or individual educational programs rehabilitation of the disabled.

Separately, it should be said about the education of children with disabilities in schools. Depending on the nature of the disability, children can study both in ordinary schools, where they should be provided with psychological and pedagogical support, and in special correctional schools. If your region does not remedial school or the child is unable to attend school for health reasons, parents choose one of three options:

• Training at the Center distance learning(CDO), where students are enrolled; training is carried out by teachers of the CDO (Letter of the Ministry of Education and Science of Russia dated December 10, 2012 N 07-832 “On the direction methodological recommendations on organizing homeschooling for disabled children using distance learning technologies).
• at home: employees educational organization come to the child's home or medical institution where the child is in rehabilitation. This requires a written request from the parents / representatives of the child and the conclusion of a medical organization.
• at home in the form of family education(Letter of the Ministry of Education and Science of Russia dated November 15, 2013 N NT-1139/08 "On the organization of education in the family form"). In this case, parents assume the responsibility to ensure the targeted organization of the training and knowledge necessary in Everyday life. At the same time, the school is not responsible for the quality of education. Education takes place with the simultaneous obligation of the student to pass intermediate and state certification at school. This form learning can be changed with the consent of the parents and the opinion of the child.

Disabled children can enroll within the established quotas for budget places in higher / secondary vocational educational institutions, provided that entrance exams are passed.

Art. Art. 17 and 28.2 FZ dated 11/24/1995 N 181-FZ provided that through budget funds families with disabled children are provided with housing if they need to improve the housing issue. Children with disabilities have the right to housing! The procedure for granting is regulated in more detail by each subject of Russia separately.

The procedure for providing apartments for persons registered after 01.01.2005. has two options:

1. Obtaining an apartment under a social tenancy agreement. It is necessary to apply at the place of residence to the authorized body for statement on the improvement of living conditions. If the child's disability is related to chronic disease in severe form, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
2. Obtaining an apartment under a contract of gratuitous use. In Moscow, the size of the premises provided must be at least 18 sq.m. living space per person at the average market value, which is determined separately in each subject of the Russian Federation. The application is submitted to the Department of Housing Policy and the Housing Fund of Moscow.

Decree of the Government of the Russian Federation of July 27, 1996 N 901 “On the provision of benefits to disabled people and families with disabled children, to provide them with living quarters, pay for housing and utilities” to families with disabled children the following benefits are provided:

• a 50% or more discount on the payment of a state or municipal apartment, utility bills and telephone subscription fees;
• 50% or more discount on fuel bills in homes where there is no central heating;
• a priority right is granted to receive a land plot for private development, dacha farming / gardening.

The right of children with disabilities and members of their families to receive cash payments

• children with disabilities receive monthly cash payment (UDV) which is indexed once a year. In 2015 it is 2,123.92 rubles. If a child is simultaneously enrolled in UDV for different reasons, then the parent / representative is given the right to choose to receive UDV for any one reason (Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ).
• children with disabilities receive monthly social pension on disability and allowances for it. In 2015, the amount is 10,376.86 rubles. (FZ of December 15, 2001 N 166-FZ “On State Pension Provision in the Russian Federation”).
• able-bodied persons who care for a child with a disability receive monthly cash payment(Decree of the President of the Russian Federation of February 26, 2013 N 175 “On monthly payments persons caring for children with disabilities and disabled since childhood of group I"): - parents / adoptive parents / guardians / caregivers of a disabled child under the age of 18 or a disabled child of group I in the amount of 5,500 rubles; - to other persons in the amount of 1,200 rubles.

This payment is added to the pension established for a disabled child for the period when he is cared for. EDV can get one of non-working parents for the period of such child care.

Rights and benefits of families with disabled children

In addition to receiving cash payments, children with disabilities and their parents / representatives have various benefits, not only in the field of housing. You can receive for free:

• Medicines prescribed by law;
• Sanitary-resort treatment 1 time per year, with paid round-trip travel;
• Medical supplies (wheelchairs, special footwear etc.);
• medical treatment;
• Special literature for children with vision problems;
• literature published on tape cassettes and Braille, etc. a) rights of parents of a disabled child at work Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” provides for additional rights for the mother of a disabled child.
• The ban on overtime work and sending on business trips without the consent of the woman;
• The right to a shorter working day working week if there are dependent children under the age of 16;
• Prohibition of refusing to hire or reducing salary on the grounds of having a disabled child;
• A ban on the dismissal of single mothers at the initiative of the administration, with the exception of cases of liquidation of the organization or the introduction of bankruptcy proceedings.

One of the working parents representing a disabled child is given 4 additional days off per month. The rights of parents of children with disabilities in labor law describe the reduction of the working day in Article 93 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Chapter 15, Article 93. Incomplete working time

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established federal laws and other regulatory legal acts Russian Federation.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

If the child is disabled, do parents have the right to retire early?

Guardians of disabled children who have established guardianship before the disabled child reaches the age of 8 are assigned an old-age labor pension with a decrease in age, for one year for every 1.5 years of guardianship, but not more than 5 years.

The main condition is that the insurance experience is the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years.

A pension is granted even if a disabled child dies, it is important that the parents/guardians raise the child until the age of 8.

Protection of the rights of children with disabilities

Persons, regardless of their position, who are guilty of violating the rights and freedoms of persons with disabilities, are liable for Article 32 of the Federal Law of November 24, 1995 N 181-FZ.

All disputes arising from the establishment of disability, the implementation of individual programs for the rehabilitation of persons with disabilities, the provision of specific measures and the violation of other rights and freedoms of persons with disabilities, are considered in court.

Conclusion

Disabled children are one of the vulnerable groups of the population, therefore, in order to equalize their rights, the legislator provided for the provision of various rights and guarantees to them and their families. Read about disability rights for a child with epilepsy.

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The presence of a child with a disability in the family can create a lot of difficulties for parents. After all, he may need constant supervision, medical procedures, visits to rehabilitation and treatment centers. And all this takes time and, most importantly, money. The state provides a variety of support for the disabled, providing them with benefits and payments, but often they are simply not enough. This is the reason why the mother of a child with a disability begins to look for work.

This is where the question arises: can an employee who has a disabled child in care be fired? After all, he still needs care, and taking care of a disabled person when they are threatened with dismissal is very difficult. And will such an employee receive any benefits? We will talk about all this in our article.

Article Labor Code Russian Federation at number 81 considers all cases. In other words, it considers precisely those cases where an employee is fired against his will. As a rule, this article is of interest to mothers with disabled children.

The article itself has 14 paragraphs that describe the reasons for dismissal. But at the same time it does not indicate in any way to whom they apply, and to whom they do not. All these restrictions and norms are divided into other chapters. Since it does not have to list them all and describe special meaning, we will answer immediately - a woman with a child with any degree of disability can be fired only on several points of article 81 of the Labor Code of the Russian Federation Minor violations of the contract will not be grounds for removal from office. So, the reasons can be:

• Numerous serious violations;
• mother's refusal in further cooperation

Dismissal of a mother with a disabled child due to violations

Every employee knows that his work imposes some responsibilities on him. Arrive on time, get along well with colleagues, and perform your duties with quality and on time - all this and much more must be done by every employee. However, for an employee whose family has a child with a disability, even such banal things can cause inconvenience, and very significant ones. In this regard, the labor code prohibits the dismissal of mothers with disabled children on the basis of minor violations.

However, this does not mean that they cannot be deprived of their positions for minor violations. Regular absenteeism for no reason, violation of safety regulations at work, causing damage to the company (including theft), violation of civil and labor rights other employees - all this can serve as a basis for dismissal. However, even here the Labor Code is very loyal, and therefore mothers with disabled children can count on some concessions.

Dismissal of an employee during the liquidation of the enterprise

Another reason for the removal of an employee from a position may be the closure of the enterprise. Please note that means the complete liquidation of the company, and not downsizing, closing a branch or selling it to another person. At the same time, the dismissal operation itself will not greatly depend on whether the employee is caring for a disabled child or not.

First of all, you will need to provide a written notice that the enterprise stops its work. Next, you will need to sign the appropriate document stating that the notification has been received and read. After that, the mother will only have to finalize the term, receive payments (salary, bonuses, compensations, etc.) and the entire package of documents that was kept by the employer.

Dismissal of a mother with a disabled child during reduction

Downsizing (that is, eliminating jobs), by law cannot be a reason for an employee with a disabled child to be fired. However, what to do if the old position is no longer needed?

The answer is simple - the employer must in the near future either provide the employee with a new position in the old place, or a similar position in another workplace. He simply has no right to fire her.

The translation process itself is very simple:

• Sending a letter to an employee in which the reduction is reported;
• The employee contacts the HR department receives a list of positions and places, to which it can be transferred;
• The employee chooses a place of work and She receives a transfer order.

It is at the stage of determining a new place and working conditions that a mother may encounter difficulties. After all, some positions require relocation, advanced training, or something else that the employee is not ready for. In this case, she may be offered. Only in this way will she be able to be fired during the reduction - from her own written statement.

What to do if the employer has issued a dismissal illegally?

In this case, the mother can act in three different ways:

1. Resolve the issue amicably with the employer;
2. Turn to ;
3. File a lawsuit.

In the first case, you will need contact the management of the organization, and not the personnel department. The mother will need to find out the reason for the dismissal, confirm the fact that she has a disabled child with the relevant documents. If an error occurs, the manager will be obliged to cancel the order. If there was no mistake, then the employer, and this is worth fighting.

The next option is to protect your interests - You can do this in person at the nearest branch by writing a letter or filling out a complaint form on the website of the Labor Inspectorate itself. After the appeal, the Inspectorate will be obliged to conduct an investigation. If she discovers a violation, then oblige the employer to reinstate the employee in the workplace and pay compensation.

The last, and at the same time the most effective way seek justice - go to court. This will require file a standardized claim and enlist the support of an experienced lawyer. A claim is different from a complaint in Labor Inspectorate the fact that the mother will be able to demand not only reinstatement in the workplace, but also the payment of additional compensation.

What other privileges does a mother with a disabled child get at work?

In fact, a mother with a child, in addition to the ban on dismissal in some cases, is not entitled to any special concessions. They are not paid any bonuses or benefits, the employer is not obliged to raise their wages. However, there are three things a mother may require:

• Increasing the number of days for time off (4 per month);
• Possibility choose your own date holidays;
• Possibility receive vouchers for resorts and sanatoriums from the employer out of turn.

In addition, the mother of a disabled child may not be required to work overtime or on weekends, or to work at night. In addition, the employee has nothing to rely on.

What rules apply to the father of a child with a disability?

According to the laws of the Russian Federation, the same privileges will apply to the father of the child as to the mother of the child. But they will only work if he is the only breadwinner or the child for some reason does not have a mother.

However, a father with a disabled child in practice has fewer privileges than a woman. This is one of those cases where law is at odds with reality- the father can be fired for minor violations, he can be limited in benefits when receiving leave. Therefore, although the law essentially puts the father and mother of a child with a disability on the same level, in reality everything will depend entirely on the loyalty of the employer.

Probably the worst thing for families with disabled children is to be left alone with their misfortune.

Categories of benefits that are provided to families with children with disabilities

The state helps families with disabled children. For this purpose, introduced a large number of subsidies. All benefits provided to such families are conditionally divided into a number of groups:

Retirement grants. The law approved three main benefits in this area:

• Establishment social pension and related supplements.
• Payments to non-working people who care for a child with a disability. They make up sixty percent of the minimum wage. This is due to the inability to work because of the child.
• The mother of a disabled person, who has carried out his upbringing up to the age of eight, receives the right to retire ahead of schedule, at the age of fifty. But, at the same time, she must have a work experience of fifteen years.

The amount of the pension can be increased at the regional level. But the reduction of this size is not allowed by.

Benefits for mothers of children with disabilities under the labor code. Such subsidies are regulated by law:

• The parent of a child with a disability has the right to take four extra days rest in a month, while this is paid time.
• A person involved in the upbringing of a child with a disability is entitled to additional unpaid leave. It is fourteen days a year. It is allowed to take it annually.
• The parent of a child with a disability has the right to work part-time.
• People raising a child with a disability have the opportunity to refuse business trips and work on weekends or holidays.

A person applying for the above benefits must write an application at work and provide a paper confirming the fact of raising a child with a disability. It is also necessary to bring, which indicates that the second parent did not use these benefits during the year.

The exception is business trips and weekend work. Such benefits may be provided to both parents at the same time.

housing allowances. In accordance with the legislation, families with children with disabilities can count on the following subsidies:

• Allocation of housing if the family is registered as low-income.
• Subsidy for half of the utility bills and rent, in case of renting a house.
• Free allocation of land.

Such families are provided with housing, in squares more than the established norm. To use the above, you need to contact the administration of the region of residence.

Subsidies for the use of transport. Disabled children, their parents and guardians are entitled to use the following state and regional benefits:

• Free travel on public transport. This benefit is used by the child and the person accompanying him. In this case, it is required to provide a certificate and a document that confirms the identity. A parent and guardian can also use the grant by providing: a special certificate and a passport.
• Starting from October 1 and ending on May 15, such children are given a fifty percent discount when buying a ticket for an intercity flight by any vehicle. It is possible to purchase a ticket with this discount and other dates, but only once a year.
• Once a year there is an opportunity to travel free of charge to the place of treatment and back. The accompanying person can also count on free pass.

Deduction for income tax individuals(personal income tax). Not all people know that for every child with a disability before the age of eighteen, or a full-time student up to twenty-four years, such a benefit is provided. It can only be used by a working parent or adoptive parent.

It allows you to increase the size of the salary on hand. In fact, the deduction is the amount that is subtracted from the total income. And only after that personal income tax is calculated.

The amount of this benefit is determined as follows:

• for a parent or adoptive parent - 12000 r
• guardian and foster parent can take advantage of a deduction equal to 6000 r

The amount of the tax deduction is established by law. That is, their size can change.

This benefit has its own design nuances:

• Provided by the employer based on the application of the employee.
• It is independent of other benefits.
• Issued annually, before the end of the reporting period.
• When a child is raised by one parent, the benefit is provided in double.

Starting from 2016, such a deduction is provided for up to a month, until the total income of the parent reaches three hundred and fifty thousand rubles.

After this threshold, the benefit is not valid.

It will resume from the beginning of next year.

Benefits for mothers of children with disabilities from childhood for upbringing and education.

If the child has passed the entrance exams, he is enrolled without taking into account the competition of certificates. But when its not contraindicated from medical commission.

When a disabled person from childhood enters a university, he has the following benefits:

• A chance to enter a free faculty without exams.
• He will be accepted into educational institution upon successful completion of the exams.
• It has advantages in disputed scores.
• Provided free education on the preparatory courses for admission to the university.

You should be careful when choosing an educational institution, since such benefits are provided only once.

For admission to an educational institution, the following documents must be submitted to the dean's office:

• The established form of the application.
• Passport or other identity document.
• Documentation evidencing the presence of a disability.
• Certificate from the medical commission on the fact of establishing disability.
• A certificate confirming the absence of contraindications to study in such educational institutions.
• For younger children, conditions are created for staying in preschool organizations on preferential terms. If the child is medical indications can't attend public preschool he must be provided with a stay in a specialized institution.
• Another benefit is the exemption from pre-school institutions.
• The right to bring up children at home and non-state special institutions with cost recovery. The benefit is given to parents and adoptive parents of children with disabilities.
• For the education of disabled children with significant disabilities, special correctional free organizations are being created. They help with treatment, education and social adaptation children.
• Benefit for medical care. The legislation of our country guarantees children with disabilities the possibility of rehabilitation.
• The state provides children with handicapped means and services according to a certain list free of charge. This list includes: wheelchairs, crutches, as well as their repair. General list contains twenty-six titles.
• Every parent of a child with a disability should know that their children can receive medical care any level in the country. This includes: sanatorium, therapeutic and surgical treatment.
• A child with a disability and his accompanying person are given free vouchers to a sanatorium. Travel is also paid for by the state.

A mother who is raising a disabled child alone can enjoy all the benefits and guarantees established for a single parent. Absolutely all categories of subsidies help parents and guardians of children to provide them with everything they need.

Almost all benefits are issued through social protection or multifunctional centers (MFCs). Each of them requires separate registration, as well as the submission of its own package of documentation.

You can watch the video about the rights and benefits for parents of children with disabilities:

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Disabled parents and benefits for their children

Legally, such children are equated with adults with disabilities. They are entitled to the same benefits from the state.

Measures of social Support provided for children with disabilities can be divided into five categories:

• housing;
• labor;
• social;
• tax.
• medical;

Labor guarantees for parents are provided for by several provisions of the Labor Code:

• according to the Labor Code of the Russian Federation - an employee with a disabled child in care is entitled to up to 14 days;
• the right to receive part-time work;
• by virtue of the Labor Code of Russia - one of the parents of disabled children has the right to receive four additional days off per month;
• the right to refuse to go on a business trip, as well as the right not to work on weekends and holidays.

Important: in order to exercise the right to receive additional days off and unpaid leave, in addition to the application, a certificate must be submitted that the second parent did not use these benefits during the year. An exception is the refusal of a business trip, or going to work on weekends (both parents have the right).

In addition, Article 32 “On Insurance Pensions” provides one parent with the opportunity to retire 5 years earlier: a man can go on vacation at 55, and a woman at 50. True, for this, the applicant must have at least 20 years of work experience and 15 years respectively.

What benefits are due to the child if the mother is a disabled person of group 2?

Benefits for children of disabled parents include:

Tax breaks and benefits. In accordance with the current Tax Code of the Russian Federation, any of the parents of such a disabled child receives a monthly tax deduction of 3,000 rubles.

Important: it is provided for each child.

Housing guarantees and benefits. By virtue of the established law "On the Social Protection of the Disabled in the Russian Federation", each family in which a disabled person is in care has guarantees:

• 50% discount on utility bills and for the use of the premises.
• providing housing for the state. check.
• providing plots of land for construction or gardening in the first place.

It must be remembered: families with a disabled child, under a social contract. a tenancy may be provided with a dwelling, the total footage of which exceeds the accepted norms. The list of diseases that allow getting additional space was approved by the Government Decree of 21.12.2004. It contains 10 diagnoses.

Pension benefits and guarantees:

Parents are disabled and benefits for children, in accordance with article 11 of the law "On State Pension Provision", issued on December 15, 2001, include social. pension and related supplements.

Important: the amount of such a pension may increase based on regional regulations and legal acts. Reducing the size of this social pension at the level of the subject of the Russian Federation is not allowed. These benefits are also available to disabled parents of group 3.

In addition, the law “On social Protection of Disabled Persons in the Russian Federation" gives such children with disabilities the right to receive social benefits - as of 2019, such a payment reaches 2,129.92 rubles. per month.

Parents of disabled people who are unable to find a job because they are forced to look after their child receive tangible material support from the state in the form of additional financial assistance - its amount, based on the Decree of the President of Russia on February 26, 2013, reaches 5,500 rubles .