Benefits for parents of children with disabilities. What documents will be needed to receive additional paid holidays. Sphere of training and rehabilitation

In Russia, more than 600 thousand children are disabled. Our article will help you figure out what guarantees and benefits are provided for parents of disabled people in order to act competently in any situation.

Employment (hiring)

The Labor Code expressly prohibits an employer from refusing to hire women for reasons related to the presence of children, regardless of whether they are disabled or not (part three of article 64 of the Labor Code of the Russian Federation). This rule also applies to fathers raising children without a mother, guardians and trustees of minors (Article 264 of the Labor Code of the Russian Federation). When hiring, an employee is obliged to present a number of mandatory documents to the employer, and he is not obliged to inform the company about the state of health of his child (Article 65 of the Labor Code of the Russian Federation).

Labor legislation provides for workers raising disabled children a number of benefits and guarantees. In order to use them, the employee must provide a birth certificate of the child and documents confirming his disability. Depending on the degree of disorder of body functions and disability, children under 18 years of age are assigned the category of "disabled child" (part 3 of article 1 of the Federal Law of November 24, 1995 No. 181-FZ, hereinafter - Law No. 181-FZ)

To confirm the disability of the child, the employee must provide the employer with a certificate of the established form with the decision of the medical social expertise– ITU (Appendix No. 1 to the order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n). Disability can be established for a period of one year, two years or until the child reaches the age of 18. The specific period is indicated in the ITU certificate. Re-examination of children is carried out once during the period for which the child has been diagnosed with disability. Therefore, if the previous certificate has expired and the parents of a disabled child have not submitted a new ITU certificate, they are not provided with benefits at the place of work.

Documents confirming the assignment of disability (certificate, certificate of examination, etc.) must be kept by the employee in his hands, the employer can only keep copies of these documents.

Additional days off and holidays

One of the parents (guardian, trustee) to care for a disabled child, upon his written application, is provided with four additional paid days off per month (Article 262 of the Labor Code of the Russian Federation). Their payment is made at the expense of the FSS of Russia. These days can be used by one of the parents or divided by them among themselves at their discretion. For example, this month, the mother takes the weekend, and the next - the father, or during the month, the mother uses three days, and the father of the child takes one. If one of the parents does not work, all four days have the right to use the employed. To provide benefits to the parent of a disabled child, you need to submit an application and submit a number of documents.

Having considered the application of the employee and the attached documents, the employer needs to issue an order to provide extra days recreation.

Additional days off not used in the current calendar month for next month are non-transferrable and non-reimbursable. If there are two or more disabled children in the family, the number of days off does not increase.

A collective agreement for parents raising children with disabilities may establish additional annual leave without pay at a time convenient for them for up to 14 calendar days(Article 263 of the Labor Code of the Russian Federation). The specified leave, upon the written application of the employee, may be attached to the annual paid leave or used separately. Transfer of vacation to the next working year is not allowed.

Important!

Regional branches of the FSS of Russia often refuse to pay additional days off to part-time workers, referring to the fact that they have already received the payment at their main place of work. However, the law says that part-time workers in such a situation have the right to enjoy all the guarantees provided for labor law(part two of article 287 of the Labor Code of the Russian Federation).

Therefore, four additional days off per month for a part-time worker who cares for a disabled child should be provided (Article 262 of the Labor Code of the Russian Federation). If a company violates this rule, it faces a fine of 30,000 to 50,000 rubles or suspension of activities for up to 90 days (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

sick leave

Sick leave, if it is necessary to care for a sick disabled child under the age of 15, is paid for the entire period outpatient treatment or cohabitation with a child in an inpatient medical institution. At the same time, there is a restriction total duration such periods - no more than 120 calendar days in the current year for all cases of caring for this child (clause 3, part 5, article 6 of the Federal Law of December 29, 2006 No. 255-FZ).

The Supreme Court of the Russian Federation in the Decision of April 17, 2013 No. AKPI13-178 canceled paragraph 4 of clause 35 of the Procedure for issuing sick leave certificates (approved by order of the Ministry of Health and Social Development of Russia of June 29, 2011 No. 624n). This norm linked the payment of sick leave while caring for a child in an inpatient medical institution with acute illness or exacerbation chronic disease. A certificate of incapacity for work is issued and paid to employees in all cases of being with a child in a hospital.

Working conditions (peculiarities of working hours)

When concluding an employment contract at the request of an employee with a disabled child under the age of 18, he may be assigned a part-time (shift) or part-time work week(part one, article 93 of the Labor Code of the Russian Federation, article 264 of the Labor Code of the Russian Federation). In this case, it can be reduced (clause 8 of the Regulation, approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions of April 29, 1980 No. 111/8-51, hereinafter referred to as the Regulation):

– number of working hours (part-time or shift);

- the number of working days per week (part-time working week, for example from Monday to Thursday);

– number of hours per day and working days per week (combination of part-time modes).

If a woman's working day exceeds 4 hours, she must be given a break for rest and food (clause 9 of the Regulations).

Working 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.

incomplete working time can be established for an employee raising a disabled child, and when an employment contract has already been concluded with him. In this case, the employee must write a statement and indicate in it the required work schedule. After consideration of the application by the head of the organization with the employee, it is necessary to conclude an additional agreement to employment contract and issue an appropriate order.

Direction to business trips, involvement in overtime work, work at night, on weekends and non-working holidays is possible only with the written consent of an employee who has a disabled child (Article 259 of the Labor Code of the Russian Federation). In this case, the employee must be informed in writing of his right to refuse this type of work.

It is advisable to keep a register of employees for whom benefits and additional guarantees are provided. It must indicate the type of guarantees provided and the duration of the benefit (for example, the date the disability ends or the date the child reaches 18 years of age). This will facilitate the work of the personnel department when considering issues related to attracting employees to overtime work, sending them on business trips, dismissal, etc.

Disability is a permanent impairment of physical, mental or mental functions a person, leading to certain limitations of life, ability to work, social adaptability. Pathology can be congenital or acquired.

Adults after diagnosis medical and social commission one of the 3 groups is assigned, minors do not differ in groups, subsequently they are considered disabled since childhood 1, 2, 3 gr. depending on the severity of the disease.

Families with a child with a disability are entitled to a number of preferences: EVD, social, labor and tax benefits.

The specified benefits for both parents or single mothers with children or one child with limited functions, a disabled person, are established by the state at the federal and regional levels.

Benefits for families raising a disabled child are designed to support them morally and financially, providing such children with equal opportunities for social adaptation and self-realization with their healthy peers.

To qualify for benefits for families with children suffering from certain functional disorders, you must first examine the presence of pathologies in honey. institution. After receiving a supporting document, go to the Pension Fund by registration or to one of the multifunctional centers (MFC). In each institution, you will have to write an appropriate application and prepare a separate package of documents.

In addition to pensions and benefits from the federal budget, it is possible to receive additional payments at the regional level, if such is provided for by the local code. So, residents of the Yaroslavl region who have a child with a disability in care are paid an additional 2,000 rubles. childcare benefits. This allowance, like other assistance, applies to both parents and guardians. The amount is calculated for each child separately.

In addition to state organizations in the cities of the Russian Federation, there are private centers and communities that help in every possible way the parents of children who are unable to fully serve themselves, control or move freely and navigate in space.

What are the benefits for working parents?

Parents of a child with a disability or his guardians should be provided with housing, tax, social, labor and other preferences.

By labor code In Russia, working parents / guardians of children with disabilities are provided with special benefits:

• in addition to paid leave 14 days at their own expense at any time (Article 263);
• one of the parents, if there is a certificate from the social security authorities and an application, is given 4 paid free days every month (for more details, see article 262);
• the parent of a disabled child should not be left at work in excess of the prescribed norm, on weekends, holidays, night shifts, and also be sent on a business trip for several days without his consent to writing(art. 259);
• labor benefits for working single mothers of children (child) with disabilities imply the impossibility of dismissing such an employee due to staff reduction, by the decision of the employer and even in the event of liquidation of the enterprise, she must find a similar job (Article 179).

The employer does not have the right to deduct money or days from the annual leave of the father or mother of a disabled person, even if such an employee used his right to 4 paid days off per month and 2 weeks of unpaid leave. But bosses can reduce wages based on hours worked if the employee worked part-time / week.

Pension, EVD and allowances

If a child has been examined as a disabled person, then benefits and benefits to him and his relatives, adoptive parents, guardians will include, first of all, cash payments.

In 2016, the pension for all minors with disabilities is the same: 11,903 rubles. Adults disabled from childhood are paid a pension by groups: 11,903 rubles. (1st group), 9919 (2nd group) and 4215 (3rd group).

UDV for children with disabilities will be 1402 rubles, NSI - 995 rubles. (either in natural form). The amount of NSI is the same for children and adults with disabilities of all groups. EDV persons with the 1st gr. - 2362 rubles, from the 2nd - 1402 rubles, from the 3rd - 924 rubles.

If a person caring for a minor refuses to receive social services. services, their monetary equivalent will be added to the UDV. It will turn out, respectively, the amount of 2397 rubles.

Monthly amount for the care of a minor, as well as a non-working able-bodied adult with a disability since childhood 1 gr. - 5500 rubles. (for parents, guardians, not working), 1200 rubles. (for other persons).

Thus, the family of a disabled child (relatives, foster parents or guardian) can receive monthly up to 19,801 rubles. (pension plus EDV, NSU and care allowance).

If a disabled person was adopted, the foster family receives a one-time assistance - 118,529 rubles.

social services

The disabled person must rely monthly NSO. It includes:

• prescription drugs, honey. products, medical children food in the amount of more than 760 rubles;
• an annual voucher to a sanatorium, but if a sick child does not need resort treatment, he is entitled to 118 rubles a month;
• free pass once a year to the place where the boarding house is located, and back (monthly equivalent - 110 rubles).

If a child or disabled since childhood 1st gr. can't get to the place spa treatment independently, the state must pay for accommodation and round trip travel for one accompanying person.

Another social benefit for families with an incapacitated minor is the opportunity for a child to visit any preschool institution absolutely free of charge (provided that the baby is not dangerous to others).

Schoolchildren with disabilities should be fed free of charge in the school cafeteria. They may be allowed to study at home, take the exam in a gentle mode, etc.

Preferences in the field of housing and communal services

Housing benefits for families with disabilities include a 50% discount on rent and utilities, 50% of the cost of fuel (if there is no central heating). The exception is houses not from the state fund.

If serious chronic pathologies do not allow the child to be kept in the existing living space, his parents have the right to demand from the state its expansion within the limits established by law.

The housing benefits also include the right of such a family to an extraordinary receipt of a land plot, where it will be possible to build a house for themselves, plant a garden, a kitchen garden.

Other privileges

Families raising a disabled person are entitled to a tax deduction of 3,000 rubles. (if the parent is one - 6,000 rubles), an early retirement pension for the mother or father (provided that they raised the child at least up to 8 years).

Early retirement is granted to women with experience of 15 years upon reaching the age of 50, men with experience of 20 years from 55 years. The length of service includes up to 3 years of leave to care for a newborn, provided that before this period and after it the parent (guardian) worked (duration labor activity during these intervals does not matter).

After a divorce, the mother of a disabled person who is unable to work due to the need to care for a child can claim both child benefits from ex-husband, and for alimony for himself.

Upon admission to educational establishments there are also privileges. So, if an applicant with a disability has passed the entrance exams, he is enrolled out of competition and, regardless of the grades in the certificate. The only obstacle is the presence medical contraindications to learning.

People with disabilities since childhood, depending on the group, are also given benefits in connection with studying for a bachelor's degree and a specialist: admission to the budget without exams, admission by quota, free attendance of preparatory courses.

Packages of documents for obtaining various benefits

1. A certificate for obtaining at the workplace 4 paid days per month is issued in the social security code.

Job reference documents:

• certificate of disability of the child;
• a certificate from the school where he studies;
• a document stating that the disabled person is not placed in a special institution (for example, a boarding school) at public expense.

2. To obtain housing preferences, collect the following package of documents:

• your passport;
• certificate of child disability;
• birth certificate;
• registration document;
• certificate of ownership of real estate;
• a certificate of family composition to confirm living with a disabled minor.

3. To apply for a pension in a pension, collect documents confirming permanent residence in the Russian Federation and the child’s disability, as well as other certificates:

• statement from the parent (guardian / trustee);
• your passport;
• confirmation of residence in the Russian Federation;
• birth certificate;
• ITU extract.

4. Documentation to obtain maternity capital(submitted to pension):

• statement;
• maternity capital certificate;
• the passport;
• personal insurance number;
• IPR - a program for the adaptation of a disabled person;
• checks from goods / services for social. child's equipment;
• an act from the social security authorities confirming the very fact of such a purchase and its expediency;
• account details of the person submitting the application.

5. Documents for receiving the EDV and NSO are submitted to the pension fund where the pension for the child was issued. Prepare the following papers:

• statement;
• your passport;
• ITU certificate;
• if you want to receive part or all of the social. a set of money - a statement of waiver of the relevant benefits.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

Benefits and pension for the mother of a disabled child

What kind of assistance do disabled children and disabled children receive from the state?

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Housing Benefits

Benefits for public transport

Children with disabilities, as well as persons accompanying them, receive the right to use free of charge public transport plying on urban and suburban routes.

The state provides free transportation to the place of treatment and rehabilitation for children with disabilities. The possibility of free travel exists for both parents and social workers, but only when their accompaniment is required for a disabled person of group 1.

In addition, disabled children of groups 1 and 2 and disabled children receive a discount of up to 50% for a trip by air, river or rail transport from October to May. The discount is provided once a year in any selected period.

To receive benefits, you must present a pension certificate when buying a ticket. For relatives, social welfare authorities issue a special certificate.

This benefit does not apply to taxis.

Sphere of training and rehabilitation

tax incentives

For parents or guardians of a disabled child, the Tax Code provides for a number of benefits:

• Monthly deduction of personal income tax from the salary of parents (in the amount of 3,000 rubles for each parent, or in the amount of 6,000 rubles for a parent raising a child alone).
• Other deductions, such as treatment costs.
• Exemption of a child from property tax.

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The object of special guardianship on the part of the state are families with children with disabilities.

The Government of the Russian Federation has developed a complex special measures relating to various social areas.

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Status "child with a disability"

Domestic legislation clearly defines the categories of persons falling under definition of "child with a disability".

An exhaustive list is contained in the Rules for Recognizing a Person as Disabled - they are approved Government Decree No. 95 dated February 20, 2006.

The necessary criteria are formulated quite clearly and unambiguously(given in a free presentation, but with the preservation of the essence):

• bodily dysfunction- both congenital and acquired as a result of diseases or injuries;
• inability to self-service, movement, communication, orientation (full or partial), other significant limitations of life;
• confirmed by the relevant conclusion the need for social protection measures.

In order for a child to be granted the status of a disabled person, it is necessary all of the above factors.

It should be borne in mind that children under the age of 18 are not assigned a specific disability group- the totality of the listed positions for recognition as a disabled person gives the appropriate status and is the basis for assigning benefits and privileges, which will be described below.

Disability pension for a child

Social benefits guaranteed by the state for disabled children, as well as in relation to disabled people from childhood, are regulated federal law No. 166 dated 12/15/01. (with subsequent changes and additions).

These changes are, in particular, relate to the amount of payments, with a tendency to increase. In the current year, for example, the monthly amount of pensions for people with disabilities since childhood and children with disabilities amounted to 10,376 rubles.

Actually children with disabilities are equated by the legislator with adults with limited capabilities.

It must be taken into account that at the regional level, an increase in the amount of payments is allowed- a special clause is made about this in the Law - at the expense of local budgets.

Reducing the established amount of payments is not allowed under any circumstances.

How to apply for child care allowance?

First of all, you should know that the allowance for the care of a disabled child is paid only to non-working citizens of working age, regardless of the degree of kinship.

The child may be cared for by a parent, guardian, or other unrelated person.

Presidential Decree No. 175 of February 26, 2013 payment amount is regulated. This is 5,500 rubles for relatives, and 1,200 rubles for other citizens.

The following documents are required to make a payment:

• Statement from a citizen caring for a child,
• Applicant's passport + copy,
• or ID of a disabled child,
• SNILS of the applicant and the person in need of care + copy,
• Medical certificate of disability,
• A certificate from the employment service confirming the fact that unemployment compensation is not paid,
• Work book of the applicant and the person in need of care (if any), with copies,
• Bank account details.

A package of documents is provided to the Pension Fund and reviewed within 10 days. Transfers or payments of benefits are made from the 1st day of the month. In case of refusal of payments, a decision is made within 30 days.

What benefits do parents of a child with a disability have under the Labor Code?

By submitting an appropriate application at the place of work (with a certificate attached) standard pattern), working parents of a child with a disability receive certain benefits. This is for example:

1. entitlement to additional days off(no more than four in a month). Wage at the same time, it is fully preserved (Article 262 of the Labor Code);
2. right to provision of additional leave(not paid) lasting no more than 14 days (Article 263 of the Labor Code);
3. the right to a shorter working day(Article 93).

In addition, the parent of a child with a disability the right to refuse to travel on a business trip outside the region in which he is employed, and also not to be involved in work on weekends and holidays.

Necessarily presentation of a document confirming that the other parent did not use the listed benefits in certain period(usually within a calendar year).

An exception to this rule is the right to refusal to travel and from work on a day off - in these cases allowance for both parents.

Preferential taxation

The legislator provided for parents of children with disabilities and this benefit - it is expressed in the fact that the tax base decreases(social tax deduction applies). Its size today is 3000 rubles.

If there are several disabled children in the family, the social tax deduction is applied to each of them (summed up). This norm enshrined in the provisions of the Tax Code (Article 218).

Social benefits for mothers with disabled children

In addition to these benefits, the legislator provides for a number of other preferences for disabled children and their parents.

Federal Law "On social protection disabled people…” provides for additional social payments – this year the monthly allowance is set at 2,129 rubles.

Also, parents of disabled children who, as a result of caring for a child, are deprived of the opportunity to find a job, have the right to receive financial support from the state- 5500 rubles (regulated by Presidential Decree No. 175).

The list of benefits would be incomplete without mentioning sanatorium-resort treatment, which is provided free of charge– including free travel on any type of transport(with the exception of a taxi) the child himself and the person accompanying him.

Placement of children with disabilities in preschool institutions is made out of the usual order and does not involve costs for parents - upon presentation of the relevant documents. Visiting such institutions is also free.

Early retirement for parents

The pension legislation of the Russian Federation provides the right to early retirement of the mother of a disabled child. There are some conditions for obtaining it. A mother must raise a disabled child up to the age of 8 and have an insurance pension for at least 15 years.

Preferential pension can be assigned to any of the parents of disabled children but not at the same time. If the mother refuses early retirement, it can be assigned to the father, but not before reaching the age of 55. Also, the father must have insurance experience, but not less than 20 years.

50% discount on utility bills

Housing benefits are represented by guarantees of preferential provision of social housing- if the family is registered as in need of better housing conditions, and 50% discount on utility bills upon payment of rent.

It should be borne in mind that the latter benefit is provided only on the condition of using a residential premises from the category of social housing.

The benefit is provided on the basis of the already mentioned Federal Law No. 181 of 11/24/95.

Not many interested parties know that families raising a disabled child can receive for use living quarters, the footage of which exceeds the established standards (but not more than 2 times).

If the disease that the child suffers from is included in the relevant List (approved by Government Decree No. 817), the family has the right to additional living space.

Other categories of benefits

The state, as well as local self-government bodies, have the right to provide other benefits. These are, in particular:

1. priority allotment land plots- free of charge intended for housing construction or gardening;
2. free travel in public transport;
3. A 50% discount on the purchase of tickets for long-distance travel continues the list of preferences for parents of disabled children.

It must be emphasized that local governments are empowered to provide a number of additional benefits- the legislator limits their eligibility in this sense only by a ban on the reduction of preferences fixed at the federal level.

An example of such an extended interpretation of the Law can be the provision of free tickets for children with disabilities to entertainment and other events - to museums, to the theater, to the circus, etc.

Children with handicapped provided free of charge with the necessary technical means:

• wheelchairs,
• orthopedic shoes,
• hearing aids,
• endoprostheses,
• sound alarms,
• other devices included in the List established by the Government Decree (No. 2347-r).

Them unpaid leave guaranteed medical preparations for treatment and rehabilitation procedures.

Summary of Benefits for Children with Disabilities and Their Parents, gives grounds for an unambiguous conclusion: the state, at the level of authorized structures, takes all measures to ensure that they are observed and tries to compensate as much as possible for a special category of its small citizens for losses associated with limited opportunities.

And the fact that the benefits are constantly supplemented and improved, indicates a positive trend in this direction.

Along with other innovations in the Legislation, changes have appeared on the issue of providing additional leave to parents of disabled children. Watch video: