Home / Family law / Benefits and benefits
Back
Published: 07/23/2018
Reading time: 10 min
0
221
Disabled children in Russia are entitled to comprehensive financial support at the state level. They have the right to count on a variety of monthly additional payments in the form of pensions and benefits, as well as a number of labor and social benefits.
- Types of assistance in caring for a disabled child
- Preferential pension for disabled children
- Early care pension
- How to get a pension
Payout Features
A mother or father can apply for early retirement if they have a disabled child in their care. The benefit is paid only to one of the spouses. However, a husband or wife may refuse financial assistance in favor of another person in their family. For example, payments were previously issued to a woman, but she wants to switch to a regular pension. Thanks to this, the man gets the opportunity to go on a well-deserved rest ahead of schedule.
Legal regulation in this matter is carried out in paragraph 1 of Art. 32 Federal Law. The law stipulates the principle of calculating insurance pensions. Here you can also find information about the right to early exit, which is reserved for certain categories of citizens.
According to the Federal Law, the following groups of people can apply for early retirement:
- Mother of five or more children, if the youngest is already 8 years old. In this case, the woman must have at least 15 years of insurance experience. In this case, they can retire at age 50.
- Pensions for parents of children with disabilities are also paid early (for men from the age of 55, and for women from the age of 50). However, they must have a work experience of 20 and 15 years, respectively.
- Guardians of a disabled person also have the right to claim insurance benefits. In total, they can retire no earlier than 5 years. At the same time, similar requirements are put forward for the work experience and age of the disabled child.
The years that a father and mother take care of a disabled child are ultimately counted as work experience. Payments are assigned for life if parents or guardians are constantly caring for a disabled person.
Payments must be made to the Pension Fund
How to get help for families with disabled children
A monthly compensation payment for caring for a disabled child or a person disabled since childhood under the age of 23 can be received by a parent, guardian or trustee, provided that they do not work, do not serve or are not studying full-time.
In some cases, the payment can also be made by the working legal representatives of the child; for this they must belong to one of the categories:
- single mother (father);
- widow (widower);
- a parent who divorced the child’s father (mother);
- the parent whose child’s paternity has been established;
- one of the parents of many children.
Regardless of the availability of work, payment can be issued:
- former caregiver of a disabled person from childhood up to the age of 23, who was left without parental care, caring for him until adulthood;
- one of the adoptive parents of a disabled child;
- foster carer for a disabled child.
If a disabled child or a disabled child under the age of 23 gets married, he will receive the payment personally, provided that his legal representative retains the right to receive this payment.
If there are two such children in a family, a payment is assigned for each child.
The applicant and the child must live together and have permanent registration in Moscow. Citizenship does not matter in this case.
To process the payment you will need:
- application for benefits;
- an identity document confirming your place of residence in Moscow;
- details of the credit institution and current account where the payment will be transferred;
- identification document of the second parent (if available), with a registration mark (passport);
- child's birth certificate;
- a document from a housing organization about the child’s place of residence in Moscow;
- an extract from the examination report at the Federal State Institution of Medical and Social Expertise on the recognition of a child, taking into account the care of which a public service is provided, as a disabled child or disabled since childhood;
- Additional documents will be required for unemployed citizens, as well as for certain categories of working citizens.
You can make a payment:
- in person at the state center]“My Documents”[/anchor];
- online on the official website of the Moscow Mayor mos.ru.
The application must be considered within 10 working days after submission of the application with all documents. The payment is provided from the month of examination of the child at the bureau of medical and social examination and is paid until the month of expiration of the disability period (but not more than until the child reaches 23 years of age).
The current payment amount can be found on the website of the Department of Labor and Social Protection of the Moscow Population.
Basic conditions
Before retirement age, parents or guardians of an incapacitated child can count on payments. However, in addition they must fully satisfy the following conditions:
Registration of disability for a child
- Care is provided from birth until the child reaches eight years of age.
- The parent does not additionally receive a special disability benefit.
- It is also important to comply with the terms of work experience. Mothers will need to work 15 years, and fathers 20.
- A parent will not be able to count on payments if he is an individual entrepreneur.
- An incapacitated child lives in the family from birth until the age of 8 inclusive.
If these conditions are met in full, then one of the parents will be able to retire. One and a half years of caring for a disabled person is counted as one year of work experience. Receiving payments and issuing certificates is considered a completely voluntary process. The family can independently choose the optimal way of further existence.
Who can arrange care for a disabled person?
Any citizen over 14 years of age who does not have their own sources of income can obtain the status of a person caring for a disabled person, that is, he:
- Not listed as an employed person (or entrepreneur);
- Is not himself a recipient of any pension;
- Not registered with the employment center.
This can be a student of any form of study, and the presence of a scholarship is not an obstacle to prescribing care in this case.
For students over 15 years of age, the registration procedure does not require the consent of their legal representatives, and for those who have not reached this age, permission from the guardianship authorities for the work of a minor will be required. This permission is issued in the presence of the student's parents.
The caregiver can be a stranger to the disabled person, without family ties, and have official registration anywhere in Russia.
Who is prohibited from being a caregiver?
The law establishes the responsibility of caregivers for concealing facts about their work or other activities carried out while caring for a disabled person.
If an able-bodied person does not report the facts of employment in a timely manner (that is, within 3-5 days), then the authorities calculating the bonus determine the overpayment due to the fault of the caretaker. In case of refusal to return the overpayment voluntarily, it is recovered in court.
It should be borne in mind that in the case of paperwork in court, the state duty and the amount of the bailiff's fee are added to the amount of overpayment, which significantly increases the final amount of collection.
Payment and deadlines for processing documents
If a child is disabled from childhood, then his parents can apply for a pension without additional payment to the state. The Pension Fund accepts an application if a woman is already 50 years old and a man is 55.
You should start preparing documents 1–2 years before retirement age.
The duration of the procedure is fixed at 30 days. A number of difficulties may arise in the process of collecting certificates. That is why the process should begin well in advance of the appropriate age. Payments will be credited to the card from the next period after the application is accepted.
The process of applying for a pension before the deadline is no different from the usual one. The size directly depends on the length of service, additional subsidies and special coefficients. The main difference is the opportunity to start receiving appropriate insurance payments five years earlier. If a parent wishes to continue working as before, then he does not need to warn the Pension Fund about this. It is permissible to refuse this opportunity in favor of the other spouse. However, retiring early at the same time is also considered unacceptable. Before you start processing documents, we recommend that you carefully read the nuances of this process.
Grounds for awarding compensation payments for care
Categories of persons entitled to receive a pension supplement for care:
- All disabled people of group 1, regardless of the type of disease;
- Disabled people of group 2, 3 degree (regardless of the disease) over 55 years of age (women) and men over 60 years of age who require constant outside care due to health conditions. The need for care is determined by the conclusion of an expert medical commission;
- Citizens who are over 80 years old;
- Disabled children under 18 years of age;
The basis for prescribing care is the provision of health certificates from ITU.
Video on the topic:
Termination of payments
Financial support in the form of carer's allowance ends under certain circumstances. In particular, payments will stop receiving if:
— the beneficiary was given a different group;
- inadequate care for those in need;
- the assistant began to receive benefits or official income;
— the death of the patient or caregiver is recorded.
If events develop on one of the points, you should notify the Pension Fund of the Russian Federation no later than 5 working days.
Important
! If it is determined that care allowance is being received illegally, this will result in criminal penalties.
In general, the topic discussed represents a small part of state assistance, which should at least partially ease the difficult and respectable work of assistants for those who really need it.
IPC when calculating pensions
IPC is the number of pension points accumulated by a citizen during his working life.
The IPC is one of the key indicators when calculating the old-age and disability insurance pension: StrPens = PenceB * StPensS + FixVypl ;
where PensB is the IPC accumulated by a citizen from the beginning of his working life until the moment of applying for a pension; StPensB - the cost of 1 pension point at the time of registration of the pension ( in 2020 - 93 rubles ); FixPayment - a fixed payment to the insurance pension ( in 2020 - 5,334.19 rubles ).
How is the IPC calculated?
The size of the IPC directly depends on the amount of insurance contributions paid by the citizen towards compulsory pension insurance, the size of which, in turn, is directly proportional to the official income of the citizen at the place of employment. In other words, the higher a citizen’s salary, the greater the indicator of his accumulated IPC.
To calculate the IPC before 01/01/2015 (before the provisions of the Pension Reform came into force), the following formula is used:
IPC up to 2020 = PensCap / 228 months. / StPensCoeff,
where PensCap is an indicator of pension capital (the total amount of insurance contributions transferred by a citizen from the beginning of his working life until 01/01/2015); StPensCoeff – the cost of the pension coefficient as of 01/01/15 (unchanged indicator - 64.1 rubles).
After 01/01/2015, the IPC is calculated annually using the following formula:
IPC after 2020 = (YearDohYear * 16 / 100) / (PrNalYod * 16 /100) * 10,
where YearDohyear is the amount of income paid by the employer to the employee in the form of salary (based on the results of the reporting year); PrNalgod – the established value of the maximum tax base in force in the reporting year.
The total value of the IPC used in calculating pension payments is equal to the amount of the IPC accumulated before and after 01/01/2015:
IPC = IPC before 2020 + IPC after 2015.
Documents for payment processing
It is not difficult to become a recipient of such benefits if the person really helps a disabled person.
You just need to provide the following documents to the pension fund:
- Copies of passports of the disabled person and the assistant;
- Certificate of disability;
- Work record book of the caregiver;
- Certificate of lack of income, including other benefits.
These documents must be accompanied by a statement written according to the established template.
The collected papers can be transferred to the Pension Fund in the following ways:
- Through the government services portal;
- Handing over to the multifunctional center;
- Sent by mail or courier;
- Bring it in person to your local pension fund office.
Attention! If everything is done correctly, benefits will be accrued from the beginning of the next month.
How to confirm the fact of caring for a disabled person
If the care was formalized, that is, with the submission of an application to the Pension Fund and receipt of compensation payment, problems with confirmation usually do not arise. Indeed, in this case, the fact of leaving is officially reflected in the personal pension file of the person being supervised. After contacting the Pension Fund, this case will be raised, and the information will be reflected on your personal account.
If there was care, but compensation was not issued, it is more difficult to prove the fact of care. To substantiate, among other documents, you will need to provide written confirmation that the disabled citizen was actually cared for. And in some cases, a PFR inspection report is drawn up.
Read: New retirement age by year
Accrual of pension points
New legislation stipulates that Russians caring for relatives aged 80 years and older. Citizens declared incompetent also receive pension points. They are charged for each year of guardianship in the amount of 1.8 thousand.
You can also count on monetary compensation, but Pension Fund employees must comply with certain requirements. For example, a citizen engaged in care should not work and receive unemployment benefits.
If a citizen who is caring for a sick person gets a job, they stop paying him compensation and providing benefits. Therefore, PFR experts argue that in order to prevent overpayments, which will still have to be returned by the state voluntarily or through the court, employees of the Pension Fund must be immediately informed about this. Otherwise, punishment cannot be avoided.
Today, the situation with citizens who look after an elderly person or a disabled person and spend all their time on this is different.
For caring for disabled people, compensation in the amount of 1200 rubles is provided . The regional coefficient is 1.15.
Those who must look after a child with a disability or a person who has lost the ability to work since childhood are provided with financial assistance in the amount of 5,500 rubles.
When caring for disabled or elderly people, experience will be accrued if the person worked before. It doesn’t matter whether a person worked for a month or several years, the experience will be accrued. Only those who have never been employed cannot count on this. Cash assistance for care will be awarded to the pensioner, and not to the person caring for him.
