In society, cases where relatives or guardians take on the responsibility of caring for helpless people are common occurrences. They perform socially significant work, taking on difficult labor, and at the same time incur additional costs.
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What it is
Briefly, the essence of the payments under consideration is as follows. A person looking after a helpless person is often forced to quit his job or, due to these circumstances, he cannot work, although he himself is fully able to work.
This type of support is compensation for able-bodied persons engaged in care activities (CWU). Funds are paid monthly. On this year their size was 1200 - 5500 rubles. They are accrued along with the dependent's pension.
Supervision can be carried out by anyone: a relative or a stranger who has registered such activity in accordance with the law.
Who is considered disabled?
- disabled people (group 1, excluding people with disabilities since childhood);
- over 80 years old;
- younger than the above age, but in need of outside care in accordance with the recommendations of medical institutions.
The first point includes citizens who have been assigned disability group 1 by a medical-forensic examination.
After 80, gender changes in the body are critical (decrepitness, etc.), so the need for outside support is recognized by default - just the fact of reaching this age is enough. Support for people below this limit must be confirmed by a medical certificate.
The following nuance is important. Let's describe it using an example. If a person has reached 80 and is working (regardless of the level of complexity of the conditions) and yet, even if he needs support, then he is still considered able to work and his guardian, if there is one, does not apply for the CLC.How to receive monthly compensation for caring for disabled citizens
To receive money, you need to provide a package of necessary documents to the Pension Fund or to law enforcement agencies (FSB, Ministry of Internal Affairs), if the dependent is related to them.
Each of the two parties must write a statement confirming the agreement between them regarding assistance.
Two conditions must be present: confirmation of disability, the need for outside support (medical certificate, conclusion) and the presence of someone who agrees to look after the helpless. This is when the right to benefits arises.
We will consider the requirements for caregivers below.
Video: How to register
Persons caring for disabled people
Any person, regardless of relationship or the fact of living together, can engage in this activity.
Briefly the parameters for this category:
- there are no restrictions on kinship or residence;
- the caretaker must be able to work. This means that you must be over 16 years of age. special cases(light work) at 15, and also if there is consent from parents and guardianship authorities - from 14 years of age;
- he should not have any other work, which includes the activities of self-employed people and under civil contracts. Studying even as a full-time student is not considered such. This gives students the opportunity to engage in this activity and receive additional income for their scholarship.
A non-working caregiver should not receive any type of pension and cannot be recognized as unemployed. If he is an individual entrepreneur, he must not only stop working, but also completely close this status.
Types of payments
There are two types of content in this category.
The first is considered to be KVU - compensation payments to able-bodied but not working citizens who care for those in need (Federal Law No. 1455). On this moment the amount was increased to 1200 rubles. There can be several wards.Such a payment is assigned when caring for disabled people of group 1 who have reached 80, persons on the recommendation of ITU.
The second type is a monthly payment to caregivers (EVU) for disabled people of group 1 (childhood only), disabled children (Federal Law No. 175). It is intended for the same persons, but caring for the specified categories.Size
The amount received cannot always be strictly fixed; it can be higher or lower depending on the agreement with the dependent, since the latter has the right to transfer money to his trustee in the manner agreed with him.
The amount depends on who is looking after:
- parent (including adoptive parents, non-relatives) – 5,500 rubles;
- guardians (trustees) – 5,500 rubles;
- other persons – 1200 rub.
Additional payments are increased by regional local coefficients as for regular pensions (Federal Law No. N No. 166, 400). Indexation is not provided for the benefit in question, that is, it can be carried out, but not necessarily.
KVU is equal to 1200 - 5500 rubles. This, to put it mildly, is not enough, and even less than the subsistence level. The state by default believes that this type activities are carried out either by close relatives or altruists.
The legislator also believes that the helpless person himself or his relatives pay extra to the caretaker, so the benefit does not need to be increased.
In the current economic situation in Russia, most people in need do not have the opportunity to pay additionally for help, and citizens who are ready for 1,200 rubles. do enough unpleasant work, not so much. For such categories, free supervision from social services is provided.
Purpose
Registration is carried out on an application basis. After submitting applications from the disabled person and those caring for him, along with a package of documents, the Pension Fund assigns a pension within 10 days.
You can contact the regional branches of the Pension Fund at your place of actual residence or registration, or at any MFC. The application can be left on the website of the fund or government services. Documents may be sent by mail or transmitted through a representative with a power of attorney.
List of documents
The list of appointments required for the procedure includes:
- personal identification documents (passport), work records of both parties;
- conclusions of medical institutions on the need for assistance;
- extracts from the certificates of examination of a disabled person of group 1;
- permissions from parents, guardianship authorities for persons under 16, certificates of study;
- confirmation of the authority of the representative (power of attorney, decision of the guardianship authorities, birth certificates of the minor);
- certificates stating that there is no other pension, and that there is no unemployment benefit.
Applications for payment for caring for a pensioner
The body to which applications are submitted is the PFU; they can also be submitted through the MFC. The caregiver must provide a written statement of desire to fulfill this type of obligation. From the person in need or his representative - consent that this particular guardian will look after him.
Often, due to limited physical capabilities, a person in need cannot come to the Pension Fund and submit an application in person; then it is submitted by a representative, but department employees must go to the residence address of the disabled person to verify the authenticity of the signature.
- Full name, residential address;
- details of identifying documents (passport number, etc.);
- an indication that the person is not currently working and is not an individual entrepreneur;
- request for an allowance, desire to provide care, consent to this;
- the date that will be considered the start of activity.
If there is no position, then the PF gives 3 months. for additional registration; When correcting deficiencies, the date of submission will be considered the initial receipt of documents.
Deadlines
Regarding the timing of monthly care compensation disabled citizens has the following parameters:
Payment of compensation
The KVU is paid simultaneously with the pension to the dependent on a monthly basis. Then he independently transfers this money to the caretaker. Payment methods are the same as usual: Russian Post, bank cards/accounts, delivery by specialized organizations.
The needy can increase the amount of benefits at his own expense.
Is caring for pensioners included in the length of service?
Caring for those in need is included in the insurance period in accordance with Law No. 400-FZ. This applies to all (two) types of payments of this security equally and is taken into account for the assignment of labor pensions. Thus, those performing socially significant work are additionally stimulated.
One year in our case is equal to 1.8 pension points. They are included in the individual personal account. The only drawback is that if there are several dependents, the number of points does not increase - they are counted once, and accordingly, the size of the future labor pension will not change.
Let's illustrate with an example how points are calculated.
A person related to a person in need cared for him from 12/01/2005 to 06/30/2016 and at the same time for another person in need from 06/25/2016 to 05/30/2017. In this case, the length of service is considered from December 1, 2005 to May 30, 2017, regardless of the number of wards.In accordance with the Presidential Decree Russian Federation dated December 26, 2006 No. 1455 “On compensation payments to persons caring for disabled citizens” from January 1, 2007, the amount of monthly payment to non-working able-bodied citizens caring for disabled people of group 1, disabled children under the age of 18, as well as the elderly and needy by conclusion medical institution in constant care or those who have reached the age of 80 years, was set at 500 rubles.
From July 1, 2008, on the basis of Decree of the President of the Russian Federation dated May 13, 2008 No. 774 “On additional measures of social support for persons caring for disabled citizens,” the amount of the monthly compensation payment increased to 1200 rubles per month (excluding the regional coefficient, which is established in the territory Kirov region By resolution of the secretariat of the All-Union Central Council of Trade Unions of October 17, 1988. N 546/25-5).
Pursuant to the Decree of the President of the Russian Federation dated December 26, 2006. No. 1455 by Decree of the Government of the Russian Federation dated June 4, 2007. No. 343 approved the Rules for making monthly compensation payments to non-working able-bodied persons caring for disabled citizens.
From January 1, 2013, in accordance with Decree of the President of the Russian Federation of February 26, 2013 No. 175 “On monthly payments to persons caring for disabled children and disabled children of group I”, monthly payments are established to non-working able-bodied persons who care for children - disabled and disabled since childhood group I: parent (adoptive parent) or guardian (trustee) - in the amount of 5,500 rubles, other persons - in the amount of 1,200 rubles.
In pursuance of the Decree of the President of the Russian Federation dated February 26, 2013 No. 175, the Government of the Russian Federation Resolution No. 397 dated May 2, 2013 approved the Rules for making monthly payments to non-working able-bodied persons caring for disabled children under the age of 18 or group I disabled children since childhood.
The range of persons entitled to receive compensation and monthly payments in connection with the provision of care
A person actually caring for a disabled citizen, regardless of their relationship and cohabitation, who meets the following conditions:
- able-bodied;
- not receiving a pension;
- not performing paid work (including not being individual entrepreneur);
- not receiving unemployment benefits.
The circle of disabled family members for whose care a compensation (monthly) payment is established includes:
- disabled people of group 1;
- disabled children under 18 years of age;
- persons over 80 years of age;
- elderly people in need of constant outside care based on the conclusion of a medical institution.
On persons who are guardians or adoptive parents on the basis of agreements on the implementation of guardianship and trusteeship on a reimbursable basis or under a foster family agreement
According to the Decree of the President of the Russian Federation dated February 26, 2013 No. 175 “On monthly payments to persons caring for disabled children and disabled children of group I”, monthly payments are established for non-working able-bodied parents (adoptive parents), guardians (trustees) or other persons providing care for a disabled child under the age of 18 or a group I disabled child since childhood (hereinafter referred to as monthly payments).
Article 152 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code) provides that a foster family recognizes guardianship or trusteeship of a child or children, which are carried out under an agreement on a foster family (hereinafter referred to as the Agreement), concluded between the guardianship and trusteeship body and the adoptive parents, on the period specified in the Agreement.
According to Article 123 of the Family Code, a foster family is one of the forms of placement for children left without parental care.
The agreement is concluded with the aim of regulating the rights of the guardian (trustee) and ward and is aimed at reducing the number of children raised in organizations for children left without parental care.
In accordance with Article 16 Federal Law dated April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship” (hereinafter referred to as Law No. 48-FZ), the duties of guardianship and trusteeship are performed free of charge, except in cases where the guardianship and trusteeship body, based on the interests of the ward, concludes with the guardian or by a trustee an agreement on the implementation of guardianship or trusteeship on paid terms.
The above-mentioned “compensatory” agreements also include an agreement on a foster family and an agreement on a foster family.
Article 152 of the Family Code provides, in particular, that the provisions of Chapter 20 of the Family Code are applied to relations arising from a foster family agreement, and in particular, not regulated by this chapter, the rules of civil law on the paid provision of services are applied insofar as this does not contradict the essence of such relations.
Consequently, the Agreement providing for the payment of remuneration to guardians, trustees, foster parents, foster carers (hereinafter referred to as guardians) is a civil contract, the subject of which is the performance of work and the provision of services.
It should be noted that the specified remuneration does not apply to the stipulated Tax Code of the Russian Federation, as well as the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” (hereinafter referred to as Law No. 212-FZ) to types of income, exempt from taxation.
Part 1 of Article 7 of Law No. 212-FZ determines that the object of taxation with insurance premiums is payments and other remuneration accrued by organizations in favor of individuals, in particular, within the framework of civil contracts, the subject of which is the performance of work and the provision of services.
Taking into account the provisions of the Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”, benefits paid to citizens under the Agreement, which is a civil law agreement, are accrued insurance premiums to the Pension Fund of the Russian Federation.
Thus, since the periods during which insurance premiums for these insured persons were transferred to the Pension Fund of the Russian Federation are included in the insurance period when assigning pensions to these citizens, as periods of work, then guardians receiving remuneration in accordance with the contract are classified as working persons .
In this regard, guardians (trustees) providing paid guardianship ( adoptive parents, foster carers) who receive remuneration in accordance with the Agreement are equated to the category of working persons and do not have the right to establish a monthly payment in accordance with Decree No. 175
Documents required to establish compensation payment (clause 6 of the Rules dated 06/04/2007 No. 343):
A)
b) a statement from a disabled citizen regarding his consent to be cared for by a specific person. If necessary, the authenticity of the signature of a disabled citizen on the specified application can be confirmed by an inspection report from the body paying the pension. If care is provided for a person who is duly recognized as incompetent (limited in legal capacity), such an application is submitted on behalf of his legal representative with the presentation of a document confirming the powers of the legal representative. Certificates, decisions and other documents issued by the guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship (trusteeship);
V)
G)
d) an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal government agency medical and social examination to the body paying the pension;
e) no longer in force due to the adoption of Decree of the Government of the Russian Federation dated May 2, 2013 N 396;
and) conclusion of a medical institution on the need of an elderly citizen for constant outside care;
h) an identity document and work book of the caregiver, as well as the work book of a disabled citizen;
And) permission (consent) of one of the parents (adoptive parent, trustee) and the guardianship and trusteeship authority to provide care for a disabled citizen student who has reached the age of 14 years in his free time from school. A birth certificate is accepted as a document confirming that the specified person is a parent. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship;
To)
l) certificate (information) about the non-assignment of compensation payment for caring for a disabled citizen who is a recipient of a pension in accordance with the Law of the Russian Federation “On pension provision for persons undergoing military service, service in the internal affairs bodies, the State Fire Service, drug control agencies and psychotropic substances, institutions and bodies of the penal system, and their families” and old-age insurance pension issued by the body paying the corresponding pension.
The body paying the pension does not have the right to require the caregiver to submit documents (information) specified in subparagraphs “c”, “d” and “l” of paragraph 6 of the Rules dated 04.06.2007 No. 343. These documents (information) are requested the body paying the pension from the relevant authorities in the manner of interdepartmental information interaction.
The interdepartmental request is sent by the specified authority within 2 working days from the date of submission of the application by the caregiver in the form electronic document using unified system interdepartmental electronic interaction and regional interdepartmental electronic interaction systems connected to it, and in the absence of access to this system - on paper in compliance with the requirements of the legislation of the Russian Federation in the field of personal data.
The documents (information) specified in subparagraphs “c”, “d” and “l” of paragraph 6 of these Rules are provided by the relevant authorities at the request of the body paying the pension within 3 working days from the date of its receipt.
The caregiver has the right to submit such documents (information) on his own initiative.
Documents required to establish the monthly payment (clause 6 of the Rules dated 05/02/2013 No. 397)
A) a statement from the caregiver indicating the start date of care and his place of residence;
b) an application from the legal representative of a disabled child under the age of 18 or an application from a group I disabled person since childhood regarding consent to be cared for by a specific person. A disabled child who has reached the age of 14 has the right to submit an application on his own behalf. If necessary, the authenticity of the signature of a disabled child under the age of 18 or a group I disabled person from childhood on the specified application can be confirmed by an inspection report from the body paying the pension. If care is provided for a person recognized as legally incompetent in accordance with the established procedure, such an application is submitted on behalf of his legal representative. Such an application is not required from parents (adoptive parents), guardians (trustees) caring for a disabled child under the age of 18. If an application is submitted by a legal representative, a document confirming the authority of the legal representative is submitted. As a document confirming that legal representative is the parent of a disabled child under the age of 18 or a group I disabled child since childhood, a birth certificate is accepted. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by the guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship (trusteeship);
V) a certificate from the body that assigns and pays pensions at the place of residence or place of stay of the person providing care, stating that a pension was not assigned to this person;
G) a certificate (information) from the employment service agency at the place of residence of the caregiver confirming that he has not received unemployment benefits;
d) an extract from the examination report of a citizen recognized as a disabled child under 18 years of age or a group I disabled person since childhood, sent by the federal state institution of medical and social examination to the body paying the pension, or medical report on recognizing a child under 18 years of age as disabled;
e) identity document and work book (if available) of the caregiver;
and) permission (consent) of one of the parents (adoptive parent, trustee) and the guardianship authority to care for a disabled child under the age of 18 or a disabled student of group I from childhood who has reached the age of 14, in his free time from school. A birth certificate is accepted as a document confirming that the specified person is a parent. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship;
h) certificate from the organization carrying out educational activities, confirming the fact of full-time education of the caregiver;
And) certificate (information) about the non-assignment of a monthly payment for caring for a disabled child under 18 years of age or a group I disabled person from childhood who is a recipient of a pension in accordance with the Law of the Russian Federation “On pension provision for persons who have served in military service or service in internal affairs bodies” affairs, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families,” issued by the body paying the corresponding pension;
To) documents confirming that the caregiver is a parent (adoptive parent) or guardian (trustee) of a disabled child under the age of 18 or a group I disabled person since childhood. A birth certificate is accepted as a document confirming that the caregiver is the parent of a disabled child under the age of 18 or a disabled person of group I since childhood. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by the guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as documents confirming the establishment of guardianship (trusteeship).
The body paying the pension does not have the right to require the caregiver to submit documents (information) specified in subparagraphs “c” - “e” and “i” of paragraph 5 of the Rules dated 02.05.2013 No. 397. These documents (information) are requested the body paying the pension from the relevant authorities in the manner of interdepartmental information interaction.
The interdepartmental request is sent by the body paying the pension within 2 working days from the date of submission of the application by the caregiver in the form of an electronic document using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, and in the absence of access to this system - on paper in compliance with the requirements of the legislation of the Russian Federation in the field of personal data.
The documents (information) specified in subparagraphs “c” - “d” and “i” of paragraph 5 of these Rules are provided by the relevant authorities at the request of the body paying the pension within 3 working days from the date of its receipt.
The caregiver has the right to submit the specified documents (information) on his own initiative.
Applications of the caregiver and the disabled citizen (his legal representative) can be submitted in the form of an electronic document using public information and telecommunication networks, including a single portal of state and municipal services.
In accordance with Decree of the President of the Russian Federation dated December 26, 2006 No. 1455, the right to compensation payment for care is provided to non-working people able-bodied persons. According to Art. 63 Labor Code of the Russian Federation, the conclusion of an employment contract is allowed with persons who have reached 16 years Accordingly, the generally established working age is reached when a citizen turns 16 years old.
However, persons who received general education or receiving general education and reaching the age fifteen years old, may conclude employment contract to perform light work that does not harm their health.
In addition, with the consent of one of the parents (guardian) and the guardianship and trusteeship authority, an employment contract can be concluded with a person who is receiving general education and has reached the age of fourteen years old, to perform in free time from receiving education easy time labor that does not cause harm to his health and without compromising the development of the educational program.
Thus, in order to establish compensation payments to persons who have reached the age of 14, in addition to the above documents, the consent of one of the parents (guardian) and the guardianship and trusteeship authority to provide care for a disabled citizen is required.
The documents required to assign a compensation payment are submitted to the territorial body of the Pension Fund of the Russian Federation, which pays a pension to a disabled citizen. The territorial body of the Pension Fund of Russia that accepted the documents issues a receipt for their acceptance.
Time limits for consideration of an application for compensation and monthly payment
The application of the caregiver, with the documents attached to it, is considered by the body paying the pension within 10 working days from the date of its receipt.
In case of refusal to satisfy the application of the person providing care, the body paying the pension, within 5 working days from the date of the relevant decision, notifies the person providing care and the disabled citizen in writing, indicating the reason for the refusal and the procedure for appealing the decision. .
If not all applications are attached Required documents the body paying the pension provides the caregiver with an explanation of what additional documents he must submit.
If such documents are submitted no later than 3 months from the date of receipt of the relevant clarification, the month of application for compensation payment is considered to be the month of receipt of the application.
Deadline for assigning compensation payments
Compensation and monthly payments to persons caring for disabled citizens are established from the month of filing the application and documents necessary to assign these payments, but not earlier than the day the right to these payments arises, for the entire period of care.
Payment of compensation
A compensation payment is established for the caregiver in relation to each disabled citizen for the period of care for him. In this case, the payment of compensation is made to the pension assigned to the disabled person and is carried out in the manner established for the payment of the corresponding pension. Making compensation payments stops from the first day of the month following the one in which the following circumstances occurred:
- death of a disabled citizen or person providing care, as well as recognition of them as dead or missing in the established manner;
- termination of care by the person providing care, confirmed by a statement from a disabled citizen (legal representative) and (or) an inspection report from the body paying the pension;
— assignment of a pension to the caregiver, regardless of its type and size;
— assignment of unemployment benefits to the caregiver;
— performance of paid work by a disabled citizen or a person caring for him (this rule does not apply to disabled children under the age of 18 and disabled children of group 1);
- expiration of the period for which the disabled citizen was assigned disability group I, category “disabled child”;
- placing a disabled citizen in an organization social services, providing social services in stationary form;
- a disabled child reaches the age of 18, if upon reaching this age he has not been assigned group I disability since childhood;
— placement of a disabled citizen, including a disabled child under 18 years of age or a group I disabled person since childhood, in a social service organization that provides social services in a stationary form.
The termination of the monthly payment is made from the 1st day of the month following the month in which the listed circumstances occurred.
If a disabled citizen changes his place of residence, the territorial body of the Pension Fund of the Russian Federation at his previous place of residence suspends the payment of compensation. If this disabled citizen continues to be cared for by the same person, the territorial body of the Pension Fund of the Russian Federation, paying the pension at the new place of residence, at the request of the person caring for him, resumes payment of compensation from the first day of the month following the one in which its payment was suspended at the previous place residence.
In this case, the territorial body of the Pension Fund of the Russian Federation has the right to request that the caregiver re-submit documents confirming the right to receive compensation payments. Amounts of assigned compensation payments that are not received on time are paid for the entire past period, but no more than three years before applying for their receipt. Amounts of compensation payments not paid in a timely manner due to the fault of the body assigning and paying such compensation are paid for the entire past time without limitation by any period.
Responsibilities of the caregiver
A caregiver, in the event of being hired, assigned a pension, unemployment benefits, as well as in the presence of other circumstances leading to the termination of the compensation payment, is obliged to inform the territorial body of the Pension Fund of the Russian Federation, which assigned (pays) the specified compensation, within 5 days. the occurrence of such circumstances.
In accordance with the legislative acts of the Russian Federation, the state provides benefits not only to citizens who, for some reason, have lost or partially lost their ability to work, but also to those categories of people who provide care for persons who have lost their ability to work. What amount of compensation is established, and how can it be arranged?
Categories of citizens
The legislation of the Russian Federation clearly defines the categories of citizens who require constant care and those groups that have the right to act as providers of this care.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Who is recognized as disabled
The groups of disabled citizens include people who cannot independently take care of themselves. It could be like total loss ability to work, as well as its partial loss.
This group includes:
- Disabled people of the first group, except those who are . The category of disabled people of the first group in accordance with the following includes citizens who are diagnosed with a persistent impairment of health resulting from illness or injury. This category is required by law to provide social support.
- Pensioners, as well as younger people, but who do not have the physical ability to care for themselves. It is stated at the legislative level that citizens over 80 years of age should also be cared for. This is due to genetic changes in the body. People under 80 may also need ongoing care. In this case, their disability must be confirmed by a document from medical organization.
Who can provide care
In order to arrange care for a disabled citizen, it is not necessary to be his relative and live with him in the same living space. Any person can provide care.
The main conditions are:
- the person must be able to work;
- must not have a job;
- should not receive any type of benefit, pension, unemployment payment.
In accordance with the legislation of the Russian Federation, Citizens' ability to work begins when they reach 16 years of age. In some cases, teenagers aged 15 years have the right to work if this activity does not harm their health.
May be attracted to labor activity and teenager at 14 years old. But for this you need to provide written parental consent and guardianship authorities.
Types of payments
Citizens who are assigned to care for a disabled person or an elderly person have the right to receive two types of payments:
- Monthly care allowance for disabled citizens - this type of payment is calculated in accordance with. A compensation benefit can be assigned to one citizen who has the status of unemployed and cares for not one, but several persons. The benefit will be assigned for each ward.
- The payment that is intended for caring for disabled children and those who have been assigned group 1 disability since childhood. The payment is due to an able-bodied citizen who provides care and does not work anywhere.
Amount of monthly compensation for caring for disabled citizens
Compensation payment in 2019 is set at 1200 rubles. It is calculated simultaneously with the payment of the pension of a disabled person or pensioner.
Significantly different amount of payments for caring for disabled children. They are assigned an allowance that will be paid every month. The amount depends on which category the guardian belongs to in relation to the ward:
- Parents of a disabled child and his guardians can count on benefits in the amount of 5500 rubles.
- Other persons caring for a child can only receive 1200 rubles.
The monthly payment is assigned from the month from which care for the disabled person is provided.
Payments are established for citizens living in conditions.
Procedure for appointment and registration
You must apply for a compensation payment to the territorial department of the Pension Fund of the Russian Federation, where the disabled citizen is awarded a pension.
Documentation
To assign a payment, you must submit the following documents:
- passport of the applicant and the person under guardianship;
- for teenagers it is necessary to provide a certificate from an educational institution;
- conclusion of a medical organization that an elderly citizen needs care;
- extracts from acts for disabled people of group 1;
- for citizens under 16 years of age - permission and consent of parents and guardianship authorities;
- if the teenager who will provide guardianship is under 16 years old, it is necessary to provide a certificate from the local pediatrician. It must indicate that the applicant has no health contraindications for providing care;
- documents confirming legal basis to represent the interests of people with disabilities, for example, custody decisions, adoption certificates;
- a certificate confirming the absence of accrual of a pension or other benefit.
With a package of documents, the citizen must contact the Pension Fund at the place of residence of the ward and write an application.
Statement
The application form is filled out by the caregiver personally at the Pension Fund. The ward must provide a statement of consent. If this cannot be done due to lack of physical ability for a disabled citizen, representatives of the Pension Fund can independently go to him to obtain consent.
The text of the application must include:
- that the citizen who plans to provide care does not work anywhere;
- the place where the person will care for the ward;
- the period from which care begins.
If no document is submitted at the time of filing the application, the citizen is given three months to deliver the remaining information.
Deadlines
Payment by way of compensation is assigned only from the moment the applicant applies to the Pension Fund. But it cannot be assigned before the right to receive it. Benefit is paid throughout the entire period care products.
How does payment and receipt of funds occur?
The payment, which is assigned as compensation for care, is transferred simultaneously with the pension of the disabled citizen:
- This can be made to a current account at a bank or other financial institution.
- Many pensioners receive their pension by mail or payment delivery is arranged for them.
Important! The pensioner himself personally gives the established amount of payment to the citizen who cares for him. At the same time, he can independently vary the amount upward. But it should not be less than that established by law.
Is work experience included?
The entire period during which the citizen cared for a disabled person, will be included in the insurance period. This is done on the basis of. In this regard, the compensation payment can be considered not only financial support from the state, but also an opportunity for citizens providing care to earn additional benefits to their pension.
For each year of care, a citizen is awarded 1.8 points. In addition, the entire period without any restrictions will be included in the insurance period.
It is important to pay attention! If a person cared for several disabled persons at once, the points are not cumulative and the period will be included in the list only once.
Grounds for termination of accruals
An important point is that a citizen can provide care only as long as he is included in the category of unemployed:
- As soon as he is arranged somewhere officially or begins any other activity that is included in the insurance period, he must independently notify the Pension Fund of the impossibility of further care.
- In addition, the reasons for termination of payments will be assignment of any type of benefits, both for old age and for the loss of a breadwinner, as well as payment upon registration with the labor exchange and receipt of unemployment benefits.
A person over 80 years old in our country is helpless and very often needs outside help.
Not everyone knows that the state supports elderly people in every possible way, so the Pension Fund provides certain payments to each pensioner who will be cared for.
We are talking about benefits for caring for pensioners over 80 years of age: what amount is included in 2019? state budget? What kind of help can retirees and those who care for them expect?
The issue of granting benefits for the care of elderly people over 80 years of age, as well as the amount of assistance, is regulated by the following laws:
- Presidential Decree No. 1455 of December 26, 2006 “On compensation payments.”
- Government Decree No. 343 of June 4, 2007 “On making monthly compensation payments to non-working able-bodied caregivers, including people who have reached the age of 80 years or more.”
Benefit amount
The compensation payment for caring for a pensioner over 80 years of age is 1,200 rubles plus the regional coefficient.
For example, in Magadan, Vladivostok and other northern cities of Russia, this benefit will be higher than in other cities located closer to the center.
Anyone who has received consent to care from the person under their care can apply for benefits for a pensioner.
At the same time, Russian legislation imposes the following requirements on candidates:
- the person must have registration and permanent residence in the Russian Federation;
- he must be an able-bodied person;
- he should not have an official job, he should not be registered with the employment center;
- he should not receive any social or pension payments.
Compensation payment cannot be issued:
- for a disabled or working person. The person must be at least 16 years old;
- a person who receives any benefits and/or pension;
- a person who is registered with the employment center;
- the person who is registered as an individual entrepreneur.
Payments for caring for a pensioner are credited to the pensioner’s card or handed over to him personally along with the pension.
To apply for the benefit, you must prepare the following documents:
After all the documents have been collected and given to the Pension Fund employee, he must accept them and issue the applicant a receipt for receipt of the documents.
According to the law, the compensation payment must be accrued to the pensioner for whom the benefit was issued within 3 months from the date of submission of the package of documents.
If care is provided for a pensioner, then by law it is not at all necessary that the ward and the caregiver live together. The trustee can come to the pensioner when he asks him to do so.
Having taken on the responsibility of caring for an elderly person, you need to understand what he can count on from you:
As a rule, relatives take care of elderly people over 80 years of age.
Every year, a person who has taken upon himself the responsibility of caring for a pensioner over 80 years of age must submit a written report to the guardianship and trusteeship authorities about financial transactions produced with the pensioner's money.
Yes, this issue is regulated by paragraph 6 of Article 12 of the Law of the Russian Federation “On Insurance Pensions” No. 400 of December 28, 2017. However, there are amendments here.
Thus, the periods during which a person cared for a pensioner over 80 years of age will be counted in the insurance period only if the person previously worked before caring for the elderly person or if after caring for the pensioner he got a job.
Compensation is a great motivator for caregivers who want to increase their service in anticipation of future retirement.
According to Art. 63 of the Labor Code of the Russian Federation, an employment contract is concluded only with persons who have reached the age of 16 years. However, there is an exception.
So, a 14-year-old teenager can take care of an elderly person who has reached the age of 80. But for this he must obtain the consent of his parents.
Also, a prerequisite for caring for an old person in this case is that the teenager should not sacrifice his studies, so he can help the elderly only in his free time from school.
Compensation payments are not due to those pensioners who receive two pensions. This happens when a person receives a regular pension and one that was assigned to him in the law enforcement agencies.
Who can receive cash benefits to care for a pensioner?
The money is transferred to the pensioner’s personal account or personally handed over to him. And he already decides how to manage them: how much to give to the trustee, how often, etc.
There are no restrictions in Russian legislation regarding how many pensioners over 80 years of age a person can care for.
Payment of benefits for caring for a pensioner over 80 years of age ceases to accrue in the following cases:
If one of the above reasons occurs for which the Pension Fund must stop paying benefits, the ward or trustee must contact the guardianship authorities and report the changes within 5 days.
If no one has applied to terminate the payment, then the previously accrued money will certainly be returned to the state treasury in court as soon as it is established that the person received the benefit unlawfully.
An application to terminate the payment of benefits can be submitted by both the ward and the trustee. This can be done through the government services website or by submitting an application in person to the Pension Fund at the pensioner’s place of residence.
Both a relative and a stranger who is on good terms with the elderly person and wants to help him selflessly can provide care for a pensioner over 80 years of age.
Some people deliberately apply for benefits to care for the elderly, actually take care of them, pursuing not at all the humane goals of helping poor old people, but to take possession of their real estate in the future.
However, in Russian legislation there is no such article or rule according to which the property of an elderly person after his death will be transferred to the person caring for him. But it is still possible to influence a pensioner’s decision.
If a person treats an elderly person well and helps him in every possible way, then he will really be able to thank him by making a will in his name or drawing up an annuity agreement.
This lucky opportunity is often given to people who care for single grandparents.
Question: “How to apply for benefits for caring for an elderly person over 80 years old?” should be considered not in the context of receiving material benefits, especially since the amount of assistance is small (1200 rubles), but as a way to support elderly people and make their lives easier.
The advantage of caring for an elderly person for a caregiver is that seniority for the duration of care is counted. It’s good for both the pensioner receiving care and the caregiver, who often lacks several years of service before retirement.
The Pension Fund of the Russian Federation makes the following payments to non-working able-bodied persons caring for disabled citizens:
Compensation payment to non-working able-bodied persons caring for disabled citizens
The issues of establishing compensation payments to non-working able-bodied persons caring for group I disabled people (with the exception of group I disabled people since childhood), as well as for the elderly who, upon conclusion of a medical institution, require constant outside care or have reached the age of 80 years, are currently regulated by the Presidential Decree Russian Federation dated December 26, 2006 No. 1455 “On compensation payments to persons caring for disabled citizens” and Decree of the Government of the Russian Federation dated June 4, 2007 No. 343 “On making monthly compensation payments to non-working able-bodied persons caring for disabled citizens.”
In case of returning to work, the citizen providing care must independently notify the Pension Fund of this within 5 days and refuse the compensation payment received. Otherwise, the citizen will have to return illegally received funds to the Pension Fund.
Who is eligible to receive a monthly compensation payment?
The right to a monthly compensation payment in accordance with the specified regulations legal acts have unemployed able-bodied persons caring for disabled citizens.
Based on the legal meaning of Decree of the President of the Russian Federation dated December 26, 2006 No. 1455 and Decree of the Government of the Russian Federation dated June 4, 2007 No. 343, compensation payments are established for non-working able-bodied persons in order to partially compensate them for their earnings during the specified period, since During the period of such care, able-bodied citizens, unable to work, are left without a source of livelihood.
It should be noted that pensioners and persons receiving unemployment benefits do not have the right to compensation payments, since they are already recipients social security in the form of a pension or unemployment benefit established by him in order to compensate for lost earnings or other income.
Amount of compensation payment
The amount of compensation payments from July 1, 2008 to the present time is 1,200 rubles.
The compensation payment is assigned to the caregiver, regardless of family relationships and cohabitation with the disabled citizen.
In this case, a compensation payment is established for the person providing care in relation to each disabled citizen for the period of care for him.
The compensation payment is made towards the pension assigned to the disabled citizen and is carried out during the period of care in the manner established for the payment of the corresponding pension.
Documents required to assign compensation payment
To assign a compensation payment, the following documents are required:
b) a statement from a disabled citizen regarding his consent to be cared for by a specific person. If necessary, the authenticity of the signature of a disabled citizen on the specified application can be confirmed by an inspection report from the body paying the pension. If care is provided for a disabled child or a person recognized as legally incompetent, such an application is submitted on behalf of his legal representative. A disabled child who has reached the age of 14 has the right to submit an application on his own behalf. Such a statement is not required from parents caring for a disabled child;
c) a certificate from the body paying the pension at the place of residence or place of stay of the person providing care, stating that a pension was not assigned to this person;
e) an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal state institution of medical and social examination to the body paying the pension;
f) a medical report recognizing a child under 18 years of age as disabled;
g) conclusion of a medical institution on the need of an elderly citizen for constant outside care;
h) an identity document and the work book of the person providing care, as well as the work book of a disabled citizen;
i) permission (consent) of one of the parents (guardian) and the guardianship authority to provide care for a disabled citizen student who has reached the age of 14 years in his free time from school;
j) certificate educational institution, confirming the fact of full-time education of the caregiver;
k) certificate (information) about the non-assignment of compensation payment for caring for a disabled citizen who is a recipient of a pension in accordance with the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control trafficking in narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families” and an old-age labor pension issued by the body paying the corresponding pension.”
Monthly payment to persons caring for disabled children and people with disabilities since childhood of group I
The issues of establishing monthly payments to persons caring for disabled children and people with disabilities since childhood of group I are currently regulated by Decree of the President of the Russian Federation of February 26, 2013 No. 175 “On monthly payments to persons caring for children with disabilities and people with disabilities since childhood of group I "and the Decree of the Government of the Russian Federation of May 2, 2013 No. 397 "On making monthly payments to unemployed able-bodied persons caring for disabled children under the age of 18 or group I disabled children since childhood."
In case of going back to work, the citizen providing care must independently notify the Pension Fund about this within 5 days, since only unemployed persons. Otherwise, the citizen will have to return illegally received funds to the Pension Fund.
Who is eligible to receive a monthly payment?
Non-working able-bodied persons (parents (adoptive parents) or guardians (trustees) and other persons) have the right to a monthly payment in accordance with the specified regulatory legal acts.
caring for disabled children under the age of 18 or disabled children of group I since childhood.
Based on the legal meaning of Decree of the President of the Russian Federation dated February 26, 2013 No. 175 and Decree of the Government of the Russian Federation dated May 2, 2013 No. 397, the monthly payment is established for non-working able-bodied persons (parents (adoptive parents) or guardians (trustees) and other persons) in order to partially compensate them for their earnings during the specified period, since during the period of such care, able-bodied citizens, unable to work, are left without a source of livelihood.
It should be noted that pensioners and persons receiving unemployment benefits are not entitled to a monthly payment, since they are already recipients of social security in the form of a pension or unemployment benefit established to compensate for lost earnings or other income.
Monthly payment amount
a) to a parent (adoptive parent) or guardian (trustee) - in the amount of 5,500 rubles;
b) other persons - in the amount of 1200 rubles.
Documents required to assign a monthly payment
To assign a monthly payment, the following documents are required:
a) a statement from the caregiver indicating the start date of care and his place of residence;
b) an application from the legal representative of a disabled child under 18 years of age or an application from a group I disabled person since childhood about consent to be cared for by a specific person. A disabled child who has reached the age of 14 has the right to submit an application on his own behalf. If necessary, the authenticity of the signature of a disabled child under the age of 18 or a group I disabled person from childhood on the specified application can be confirmed by an inspection report from the body paying the pension. If care is provided for a person recognized as legally incompetent in accordance with the established procedure, such an application is submitted on behalf of his legal representative. Such an application is not required from parents (adoptive parents), guardians (trustees) caring for a disabled child under the age of 18. If an application is submitted by a legal representative, a document confirming the authority of the legal representative is submitted. A birth certificate is accepted as a document confirming that the legal representative is the parent of a disabled child under the age of 18 or a group I disabled child since childhood. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by the guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship (trusteeship);
c) a certificate from the body that assigns and pays pensions at the place of residence or place of stay of the person providing care, stating that a pension was not assigned to this person;
d) a certificate (information) from the employment service authority at the place of residence of the caretaker about his non-receipt of unemployment benefits;
e) an extract from the examination report of a citizen recognized as a disabled child under the age of 18 or a disabled person from childhood of group I, sent by the federal state institution of medical and social examination to the body that pays the pension, or a medical report on the recognition of a child under the age of 18 disabled;
f) identification document and work book (if available) of the caregiver;
g) permission (consent) of one of the parents (adoptive parent, trustee) and the guardianship and trusteeship authority to care for a disabled child under the age of 18 or a disabled student of group I from childhood who has reached the age of 14, in his free time from school. A birth certificate is accepted as a document confirming that the specified person is a parent. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as a document confirming the establishment of guardianship;
h) a certificate from an educational institution confirming the fact of full-time education of the caregiver;
i) a certificate (information) about the non-assignment of a monthly payment for caring for a disabled child under the age of 18 years or a disabled person from childhood of group I, who is a recipient of a pension in accordance with the Law of the Russian Federation "On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families”, issued by the body paying the corresponding pension;
j) documents confirming that the caregiver is a parent (adoptive parent) or guardian (trustee) of a disabled child under the age of 18 or a group I disabled person since childhood. A birth certificate is accepted as a document confirming that the caregiver is the parent of a disabled child under the age of 18 or a disabled person of group I since childhood. An adoption certificate or a court decision establishing this fact is accepted as a document confirming adoption. Certificates, decisions and other documents issued by the guardianship and trusteeship authorities in accordance with the legislation of the Russian Federation on guardianship and trusteeship are accepted as documents confirming the establishment of guardianship (trusteeship).
The documents (information) specified in paragraphs “c” - “d” and “i” are requested by the body paying the pension from the relevant authorities in the manner of interdepartmental information interaction. The caregiver has the right to provide the specified documents (information) on his own initiative.
Pension Fund of the Russian Federation
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