As you know, as part of housing and communal services (HCS), all residents pay for the service - major repairs in apartment buildings. According to the new law, elderly owners will be reimbursed by the state for part of the contribution for major repairs. Who will receive benefits for paying for major repairs from January 1, 2020? What amount of compensation will the state pay, and who will not have to pay for major repairs starting in 2019?
The State Duma adopted in the third, final reading a law aimed at improving the social protection of non-working pensioners and disabled people to pay for major repairs
.
As a result, the resulting conflict will be removed from the legislation. The inconsistency lies in the fact that today regions compensate contributions for capital repairs to non-working elderly people only if they live alone or in families of non-working pensioners.
Thus, people who have reached the age of 70 receive a benefit of 50%
, and people over 80 years old receive
100% compensation,
that is, they do not pay for major repairs at all.
Disabled people of groups I and II, if they are apartment owners, also receive a 50% discount
.
Injustice arises if pensioners and disabled people live together
.
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In June 2020, Russians will be sent updated receipts (EPD) to pay for housing and communal services.
As a result, they cannot take advantage of the benefit provided under the Law “On Social Protection of Persons with Disabilities in the Russian Federation” for paying for housing and communal services, they have to choose one of two compensations.
As Alexander Sidyakin, First Deputy Chairman of the State Duma Committee on Housing Policy and Housing and Public Utilities, explained to reporters, today one benefit actually replaces another, and as a result, these families lose out financially. Paradoxical as it may seem, says Ilya Osipov, a member of the relevant Duma committee on housing and communal services, but, in fact, two pluses have combined into one big minus.
But what most often happens is that families are completely deprived of benefits: pensioners - due to the fact that they are no longer considered to be living alone, and disabled people - because they often do not own an apartment. Therefore, the pensioner has to discharge the disabled person who lives with him somewhere in order to start receiving compensation
New amendments to the Housing Code will eliminate this injustice. The document adds families in which non-working pensioners over 70 years of age and disabled people of group I or II live together to the category of recipients of regional compensation to pay for major repairs in an apartment building. Upon reaching the age of 70, members of such families will receive a benefit of 50%, and upon reaching the age of 80 - 100% compensation for payment of contributions.
As a result, the innovation will affect an additional almost 200 thousand people and will require budget expenditures of about 300 million rubles annually. In total, about 4 billion rubles are allocated from the federal budget for these purposes every year.
Should a pensioner pay for major repairs?
State compensation is provided only to certain categories of citizens. The status of a pensioner in itself does not provide such an opportunity. There are a number of professions that allow you to retire early, long before the age of sixty. But no one will give a benefit for major repairs to an employee of the Ministry of Internal Affairs who retired at the age of 45 due to length of service.
If the owner of the apartment receives a pension and is officially employed, he will pay for the overhaul in full. Regardless of age. Only if he does not belong to other categories of beneficiaries:
- veterans,
- disabled people,
- liquidators or victims of major accidents,
- holder of important government titles and awards.
A homeowner over 70 years old will also not be able to receive compensation if he lives with working relatives: spouses, children, brothers or sisters.
Important! Pensioners - apartment owners, like all other owners, do not have to pay for major repairs in houses that are in disrepair and subject to demolition. As well as those located on a site seized for municipal or state needs. This is stated in the Housing Code, Art. No. 169.2.
In what cases are pensioners exempt from paying contributions for major repairs?
Monthly transfers for housing reconstruction are completely canceled in several cases:
- the house is in disrepair and is subject to demolition;
- federal or local authorities seize the land on which the building is located;
- the house is not included in the regional reconstruction and repair program;
- The new building has recently been put into operation.
Owners are free from paying when they have managed to collect a certain amount - the minimum amount of the capital repair fund.
This is possible if the residents decided to accumulate money in a special bank account. Payments are temporarily canceled by the general meeting of owners.
Benefits for pensioners on payment for major repairs
Reimbursement of money paid for major repairs occurs only upon application and after submitting all necessary documents to social security. Funds for compensation come from the federal budget. So there should be no delays in such payments in the regions. The federal budget allocates about 4 billion rubles annually for capital repair benefits for pensioners.
Until 2020.01.01, disabled people and pensioners living together did not receive compensation for payment for major repairs. Single pensioners and disabled people of groups 1 and 2 were entitled to benefits, and a pensioner mother with a disabled son, for example, was often deprived of this benefit. Because:
- the pensioner was not considered lonely;
- the son was not registered as the owner of the property.
Families of 2 or more non-working pensioners, where the homeowner was over 70 years old, also did not receive compensation. Since 2020.04.05, this privilege has been available only to elderly Muscovites.
Since the beginning of 2020, Federal Law No. 226 has been in force, which makes it possible to reimburse payments for major repairs to a non-working homeowner over 70 years of age if he lives with other family members - non-working pensioners and disabled people. This change in the housing complex made it possible for an additional 200,000 people to receive benefits. The new nuance of the law will take an additional 300,000,000 rubles from the budget.
According to the general rules, such homeowners over the age of 70 are reimbursed half of the repair costs, taking into account the minimum contribution and regional standards for living space. And from the age of 80, the payment will be returned in full if it is not more than the minimum, and the square footage of the premises is not higher than the established norm.
Main beneficiaries
In 2020, the law provides for various categories of pensioners, they are divided into federal and regional.
For federal beneficiaries, funds for compensation are provided for by federal legislation, and the right to receive it extends throughout the entire territory of the Russian Federation. The list of recipients includes:
- citizens who have been exposed to radiation;
- disabled children;
- parents of disabled children;
- disabled people of groups I and II;
- blockade survivors;
- combat veterans;
- participants of the Second World War and persons equated to them.
The listed categories of citizens have the right to receive compensation for utility services, including major repairs throughout the Russian Federation.
The law provides for the ability of legislators of constituent entities of the Russian Federation to establish their own list of preferential categories of citizens. The following citizens have the opportunity to receive compensation for major repairs:
- labor veterans;
- pensioners over 70 years of age;
- pensioners over 80 years of age.
Important nuances of the law
Suppose your grandmother is already 70 years old and she has applied for benefits for major repairs. She paid 1,000 rubles for the overhaul and expected to receive 500 rubles. compensation. But they only gave 297 rubles. Were you deceived? It's possible. But let's figure it out.
Article TC No. 169 states that the refund amount is calculated based on:
- minimum contribution for this region per 1 m2;
- housing standards per person.
If in your region the monthly minimum for major repairs (MIN) is 18 rubles/m2, the living space norm for a single tenant (Snorm) is 33 m2, then the amount for calculating the benefit will be:
MINxSnorm=18 RUR/m2×33 m2=594 RUR
And the grandmother must be returned 50% of 594 rubles - this is 594 × 0.5 = 297 rubles.
But the actual total area of the apartment is 50 m2, and in this house the cost of major repairs is 20 rubles/m2, so it turns out:
50 m2×20 rub/m2=1000 rub
For a family of 2 people, the average norm is 21 m2, for a family of 3 - 18 m2. For each region of the Russian Federation, this indicator is determined separately.
Another important rule for receiving compensation is that there should be no rent arrears.
Normative base
The main regulatory act regulating relations in the housing and communal services sector is the Housing Code of the Russian Federation. Benefits for major repairs are regulated by national regulations and acts. Among them are:
- Law No. 181-FZ (affects issues of major repairs for people with disabilities);
- No. 5-FZ (regulates the rights of veterans);
- No. 1244-1-FZ (talks about the legal status of persons affected by the Chernobyl nuclear power plant);
- No. 2-FZ (applies to citizens who were exposed to radiation from nuclear tests in the Semipalatinsk region).
Regional regulations determine the specific amount of benefits in a particular territory. Such standards can supplement the list of beneficiaries who can claim certain privileges when pensioners pay for repairs.
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Procedure for applying for benefits
Doing everything necessary to obtain compensation for an elderly person is not easy. Here the help of relatives or younger acquaintances will be very useful.
To receive benefits, contact social security at the place of registration. MFCs should also be involved in this work.
Compensation for major repairs is calculated from the beginning of the month that occurs after the date of application. For example, if you applied to social security on April 15, and all your documents were accepted, then the preferential refund will begin to accrue on May 1.
Minimum tariff for calculating contributions
The constituent entities of the Russian Federation have legally established a tariff for calculating the monthly contribution. It is determined on the basis of Order No. 454 of the Ministry of Construction of the Russian Federation dated June 27, 2016. The tariff can be differentiated by municipalities included in the region and by type of multi-apartment buildings. The legislation determines that the tariff increases once a year, like other prices for housing and communal services, taking into account inflation.
In Moscow today the payment for 1 m2 of total area is set at 17 rubles. For a Moscow pensioner over 70, compensation will be calculated from this tariff. Based on clause 8.2 of Article 156 of the Housing Code of the Russian Federation, apartment owners can vote at a general building meeting to increase the tariff in the building. If the pensioner participated in the decision-making and pays more than provided by regional law, compensation will be determined from the minimum tariff.
Preparatory stage
As soon as the owner of the apartment turns 70 years old, he can apply to social security on the same day to receive benefits. Let's say your birthday is April 22, Monday. If you immediately come with ready-made documents, then you will be able to receive compensation for major repairs already for the month of May.
You must visit the housing office in advance to obtain documents about family composition and payment for the previous month. It also wouldn’t hurt to visit the bank to get a statement of your account details if you don’t have a passbook on hand. All other documents must be at the pensioner’s home; you just need to make photocopies of them.
How to apply?
To receive compensation, you must follow this procedure:
- find out if your home is in line for major renovations. This can be done by contacting the construction department of the locality or the organization serving you;
- pay off all debts for utility bills;
- when the capital repair program is approved, after 8 months, the first receipt will arrive. This should also be paid;
- with this payment document and with papers that confirm your right to receive benefits, you must come to the multifunctional public service centers;
- Your application will be considered within 10 working days.
Social security departments can also help you obtain compensation.
You can also send documents electronically through the State Services portal. The main thing is to come with the originals within 10 days. You can read more about applying for and receiving compensation here.
Required documents
All documents to receive a refund for major repairs are required in the original for verification. Only photocopies are available. A specialist from the social security authority must provide:
- passport;
- SNILS certificate;
- an extract from the Unified State Register confirming the ownership of housing (if it does not exist, then a privatization or sale agreement);
- a copy of the completed part of the house register or a personal account statement indicating information on all residents registered in the apartment;
- confirmation that the pensioner is truly unemployed - work record book, pension account statement;
- a passbook or information from the bank about the account details to which the refund for major repairs will be credited;
- statement with accruals for major repairs for the previous month and a receipt confirming payment.
Important! It is better to write the application on the spot so that there are no problems with its correct execution. Social security should provide a form and sample to fill out.
If a beneficiary is in arrears for 3 months in payment for major repairs, compensation is suspended. After repayment of the debt, payments are resumed, but only for a period not exceeding 36 months.
Refunds for major repairs stop after the owner or one of the pensioners living with him gets a job, as well as a citizen of working age is registered in the apartment. The grounds for cancellation of the benefit are change of place of residence, loss of property rights. The pensioner is required to notify the social security authorities of all these changes.
For additional advice, you can contact a professional lawyer who will help in preparing documents and resolving all related issues related to the housing sector.
Reasons for suspending compensation payments
Benefits for major repairs for pensioners after 70 years of age may be suspended. The main reason for stopping the payment of compensation is the citizen’s refusal to make contributions. Delay in payment for more than 3 months entails suspension of compensation. After which, the citizen can renew the benefit by paying off the debt. In case of renewal, compensation will be paid for the previous period. But no more than three years.
The recipient of the benefit is obliged to notify the district department of social protection if a relative is registered with him or another citizen moves to live permanently. And you also need to notify social authorities about marriage or official employment. Once such information appears, payment of compensation will be suspended. However, it is not recommended to try to deceive government authorities and keep silent about the emergence of grounds for cancellation.
If fraud is detected, social protection authorities are obliged to recover the overpaid funds in full. To avoid litigation, you need to promptly report changes in the situation in the family.
The obligation of pensioners to pay for capital repairs remains in full. However, a citizen can apply for a compensation payment. It depends on the category of pensioner. The right to 100% compensation is granted exclusively to citizens who have reached 80 years of age. In this case, the citizen must live alone and be the owner of the residential premises.
Funds are transferred to the payer's bank account one month after making the payment. If timely payment ceases or a debt for utilities is formed more than 3 months in advance, the payment of compensation is suspended.
What else you should know about compensation
The very name of the payment indicates that it is a reimbursement of expenses incurred. The pensioner will need to pay the bills for major repairs in full, and then apply for compensation. The payment is of a declarative nature and is accrued based on the pensioner’s application from the first day of the month following the application.
In Moscow, it is possible to automatically calculate compensation. This is possible when the executive authorities have all the data at their disposal:
- about the age of the apartment owner
- about the age of family members
- about the failure of the home owner or family members to carry out labor or entrepreneurial activities
- other data
This is possible if the owner of the apartment applied for a subsidy, other social benefits and provided the necessary documents.
Legislative acts adopted by regions provide for the declarative nature of receiving benefits. No one will automatically calculate compensation, nor will they reimburse payments for previous months.
Validity of the benefit in different regions
Final decisions on compensation are made at the regional administration level; they differ insignificantly:
- in the Kostroma region, regulations were adopted before the new year;
- in the Belgorod region, the law will come into effect only in July, but funds paid since January will be reimbursed;
- Vladimir and Kursk regions have been returning money since April;
- in the Kaluga region the law will be in force only in 2020. Afterwards, its effectiveness will be assessed and a program will be planned for the next year;
- The Bryansk region is just beginning work on the adoption of new regulations;
- in Tula the bill has not yet been submitted for consideration;
- in the Tambov region, the number of beneficiaries is preliminarily calculated.
Important. Federal legislation obliges citizens to pay for major repairs in a timely manner, otherwise penalties will be assessed, and the regional operator may go to court to demand the recovery of the total amount of penalties and contributions, as well as legal costs incurred.
Watch a video about the benefits for major repairs for pensioners over 70 years of age.
Procedure for receiving benefits
You can apply for benefits from the moment you receive the first receipt for payment for major repairs using the following algorithm:
- Check the validity of the receipt. Major repairs are carried out only in those houses that participate in the relevant program. This can be confirmed by the employees of the management company. If the fee is charged incorrectly, you should contact the Housing Inspectorate.
- Eliminate debt on utility services. Regardless of the provisions and compliance with the conditions for receiving a discount, if there are debts, the benefit will not be issued. This can be done both in person and online.
- Pay the receipt. This also applies to all receipts that were paid without a discount before submitting the application.
- Collect a package of documents. You need to submit papers along with your application to the MFC.
- Fill out an application.
Consideration of the issue of benefits takes 10 days. Upon expiration of the period, the service provides a benefit or sends a justified refusal. The benefit is compensatory in nature - the department returns the overpaid amount back.
