The terms “disabled person” and, as it is now customary to say, “a person with disabilities” means an individual who, due to a persistent disorder of any function of the body, has health problems. A prerequisite for recognizing a person as disabled is the existence of a life restriction, full or partial. This means that a person is not able to fully move, work, communicate, serve himself or, continuously or periodically, to control behavior.
Depending on the degree to which the body functions are impaired, a disability group is established.
What are the criteria for an individual to receive the category “Disabled 3 groups”, what benefits are accorded to a person who has received such a status?
Recognition of the third group of disability: criteria
Order of the Ministry of Labor dated December 17, 2015 No. 1024n establishes the criteria by which one can apply for recognition of the third group of disability. It is characterized by minor violations of speech (language), mental, statodynamic, sensory functions, circulatory system functions, as well as physical deformities.
In accordance with this legislative act, such a basis is considered to be persistent insignificant or moderate existing dysfunctions of the human body, 40-60%, caused by the consequences of injuries, diseases or defects, if they entailed restrictions on life.
Medical and social examination in the direction of the attending physician has the right to recognize disability or refuse the status of "Disabled 3 groups." The following federal laws and local regulations determine what benefits are granted in one category or another. Russian Federation.
Disability pension, EDV
Since the last indexation, 02/01/2016, the amount of social pension paid to a person recognized as a disabled person of the third group is 4053.75 rubles per month. Also, for all categories of people with disabilities there are monthly cash payments. For the third group of disability, they amount to 1236 rubles.
Very often people with the appropriate status are interested in: can they suspend the payment of a disability pension when the recipient is employed? There are no such restrictions in current laws. In no case will the pension accrual be terminated if the pensioner finds a suitable place of work and receives a salary. Another thing is retirement in old age. You can only receive one type of pension, but a pensioner has the right to choose a category.
Types and categories of benefits that can be granted to a disabled person
In order to make it easier to understand cases when a person has the category 3 disabled person, what benefits are supposed according to Russian law, the following types of preferential provision can be distinguished:
1. Separation for reasons of disability. The presence of specific circumstances upon receipt of an injury (illness) resulting in disability gives the right to additional benefits and compensation, for example, the category “disabled since childhood” or “disabled combat operations”. In the absence of such reasons or documents confirming the specific special circumstances of the disease (injury), the person receives the status of “disabled person 3 groups of the general disease”, in this case, benefits are paid only in accordance with this disability group.
2. Separation by the form of granting benefits to persons with disabilities:
- tangible (monetary): these include, for example, tax and duty exemptions ;
- medical: the right to free medical treatment, provision of medicines and other;
- benefits in kind: free or preferential provision of products and (or) hot meals, provision of canes, strollers, automobile transport, etc.
- moral (status) benefits that give a preferential right to something.
3. The separation by frequency:
- the most common category is monthly benefits, for example, for paying utility bills or for getting necessary medications;
- annual (spa treatment, etc.);
- one-time or privileges with a long periodicity: these include overhauls at no cost or on a preferential basis, the installation of a landline telephone, radio points, etc.
General benefits for people with disabilities
Perhaps, it makes sense to start with general preferential compensation provided for by federal laws for all categories of people with disabilities. To clarify: even the benefits prescribed by law for all categories of persons with disabilities may vary in size or specificity of provision, depending on the group of disabilities. It is logical that the 1st group most often involves greater compensation than the benefits for disabled people of the 2nd and 3rd groups, since the former have significantly more restrictions on their life.
In addition to the right to receive a cash benefit, which was discussed above, and the right to regular indexation, there are other general benefits enjoyed by a disabled person of group 3. What benefits are granted to all people with disabilities or raising a disabled child?
First of all, this is the possibility of obtaining (acquiring) a land plot on the basis of property rights - for individual housing construction or utility (summer, garden) households.
The right to a preferential (and for some categories free) purchase of a specially equipped car or motorized carriage. This also includes the right to compensation of the expenses of a disabled person for the operation of such a vehicle.
People with disabilities who have a monthly income less than the subsistence minimum established by law also have the right to use social protection services (social worker) for free.
It is worth noting that the amount of benefits for people with disabilities of group 3 for the general disease can differ significantly, for example, from the compensation provided for groups 1 and 2. For this reason, it makes sense to clarify the full information about the available federal and regional benefits in each individual case with a specialist of the social authorities. protection. In addition, regional legislative acts determine what benefits are enjoyed by disabled people of 3 groups in each specific region of the Russian Federation.
Housing benefits for the disabled
Federal legislation provides the following communal benefits to people with disabilities of 3 groups: a disabled person has the right to receive through the Pension Fund a refund of 50% of the amount that he spends every month, paying for housing and utilities. It also provides for the same compensation for the purchase of fuel for heating.
Overhaul. Are there any benefits for the third group?
Separately, we consider such a legislative "innovation" regarding monthly expenses, as the relatively recently appeared point of payment "for major repairs". The short validity period and some “vagueness” of information on this topic on most resources makes the answer to the question of capital repair benefits difficult. According to the current legislation, people with disabilities, regardless of their group, are entitled to benefits - payment of only half of the amount for the overhaul of the housing stock.
Tax benefits
The main "tax aid" from the state to people with disabilities of group 3 is to exempt from income taxes. They are not subject to all payments and benefits that the disabled person receives from the state, assistance from philanthropists, state pension, the cost of vouchers for the direction of sanatorium-resort treatment (except for tourist).
The same applies to financial assistance from the employer if the employee retired due to disability, and compensation for receiving medicines from the employer, but in the amount of up to 4000 rubles.
There is a preferential system of payment of transport tax: a car purchased by a disabled person by contacting the social security authorities is not taxed. But the law stipulates that it must be a vehicle with an engine of not more than 100 horsepower, equipped with special devices or a special design. Most often, the country producing such “special” cars is Russia. Unfortunately, benefits to people with disabilities of the 3rd group do not apply to gift or inheritance taxes - this tax burden will have to be paid in full.
Social services. Free medication
People with disabilities can be greatly supported by receiving social benefits. What benefits does a disabled person of 3 groups have in this area?
Part of the monthly cash payments is provided to the disabled person in the form of a “package” of social services:
- Providing "preferential" free medicines. The doctor or paramedic of the clinic at the place of registration has the right to write them out for medical reasons: based on the diagnosis, but strictly in accordance with the List of medicines approved by the Ministry of Health and Social Development. There are also benefits for the purchase of drugs not listed in the list at preferential prices.
- Discounts in the field of spa treatment, provided in each individual case, either for free or at preferential prices - such assistance is issued for medical reasons. Compensation once a year in the amount of half the cost of all transportation costs of intercity communication.
- Reduced fare in city and suburban passenger transport.
- Providing or assisting in the purchase of medical devices.
If desired, a disabled person may refuse to receive all or part of the benefits of the “social package” by submitting the following application to the social protection authorities.
In this case, it will be possible to restore the receipt of benefits replaced by monetary compensation only from the beginning of the year following the date when the application for the restoration of preferential compensation will be submitted.
Home Social Services
As it was said, people with disabilities of the third group, whose income is less than the subsistence minimum, can apply for free assistance in the form of home-based services.
This may include assistance in the delivery of medicines and products, maintaining hygienic conditions in the home, obtaining medical care and even the necessary assistance of a lawyer.
It also provides the opportunity to receive paid services of a social worker, which can apply for disabled people of any category. The list of paid social services approximately includes an offer from cleaning and washing dishes to assisting in designing in departments of state bodies.
Benefits for admission to an educational institution and for training
Persons with disabilities of group 3 are entitled to out-of-competition admission to a general education institution only subject to positive results at entrance exams and the absence of medical contraindications to training. Students with disabilities must be paid a scholarship, the size and receipt of which does not depend on the level and indicators of training.
Benefits for disabled people with disabilities
What benefits do people with disabilities from groups 3 who are officially unemployed enjoy? Their list is as follows:
- purchase of necessary medicines with a 50% discount;
- compensation once a year in the amount of half the cost of all transport costs of intercity communication (to and from the place) to the city of spa treatment;
- preferential discounts on the purchase of certain types of orthopedic shoes.
Benefits in the field of labor and employment
Considering preferential compensation for a working person with disabilities, it would be useful to dwell on this question: do people with disabilities of group 3 have privileges when applying for a job or in the course of work?
The first thing you need to focus on is the disability of this group is not the reason for refusal to find a job suitable for medical reasons. Moreover, under current labor legislation, an enterprise with more than 100 employees is required to have specially equipped jobs for a person with disabilities and to accept disabled employees to the staff.
Another important condition that the Federal Law “On Social Protection of Persons with Disabilities in the Russian Federation” puts forward to employers is that it is unacceptable to conclude an employment contract with a disabled employee during employment, which would infringe on his rights in comparison with workers who do not have a disability. For example, if we are talking about reducing the salary for performing the same work.
If we talk about what benefits a disabled person of 3 groups employed in production has, then at the beginning of 2016 the following list worked:
- annual vacation for an extended period - from 30 calendar days;
- the right to annual leave without payment (salary) - up to 60 calendar days;
- Compensation of 50% of the payment of spa treatment, including travel to the place of treatment;
- it is forbidden to involve a disabled employee in work on weekends and holidays or in overtime work without the written consent;
- social privilege for the purchase of medicines at half the cost.
If the employee is a disabled person of group 3 for a general disease, benefits for the reduction of a worker are not provided for him by the Labor Code. But there is an exception. In the case when the shortened working day is stipulated in the conclusion of the medical commission, the employer has an obligation to reduce either the duration of the shift or the working week, but without restrictions in something else.
What gives the status of "childhood disability"?
An additional privileged compensation, albeit not too large, is received by a disabled person from group 3 since childhood. The benefits provided to people with this diagnosis mainly relate to tax payments:
- exemption from property tax (but exclusively on the property of an individual);
- for a person with disabilities in this category, starting a business, an exemption from the registration fee is provided;
- in case of receiving a warrant for an apartment, a mandatory monetary fee is also not charged;
- land tax: on a plot belonging to a disabled child (or one of the plots), the tax base should be reduced, and the amount of the “discount” today is 10,000 rubles.
- tax deduction for personal income tax: in the amount of 500 rubles / each month, which is included in the tax period.
Thus, the disabled have many legislative exemptions to ensure a normal and comfortable life in society.