State compensation payments are a variety of benefits provided under the social security of the population. According to many experts, these amounts are the least systematized and ordered. Moreover, the legal nature of compensation payments is not clearly defined. The legislation does not contain a single term for their designation. In normative acts one can find such definitions as “monetary compensation”, “reimbursement of expenses”, etc.
Compensation payments: concept
In essence, they represent the amounts provided to the subjects of civil turnover for reimbursement of expenses incurred as a result of participation in certain legal relations. Compensation payments may cover costs in full or in part.
As a rule, the amounts are provided to citizens for reimbursement of expenses incurred in acquiring natural types of goods or additional costs incurred in using them. However, compensation payments may well cover unprovided services. In addition, the law provides for the possibility of compensation for harm caused to health.
Payments are often provided in the form of material security. For example, unemployed but able-bodied citizens caring for minor children, sick relatives, etc., can rely on financial support from the state. In this case, the funds received by them compensate for the lack of earnings.
Classification
The separation of compensation payments into types can be done by:
- Frequency. The law provides for lump-sum, annual or monthly compensation payments.
- Calculation procedure. Deductions may be made in a fixed amount, as a percentage of the value of any good. In some cases, the amount of compensation payments is equal to the amount of costs. In this case, the norms can set limits (maximum and minimum).
- Subjects entitled to receive. Payments are supposed to be able-bodied, disabled, persons included in the category of needy.
- The grounds for the provision.
- Types of norms in accordance with which the amounts are established. The purpose of compensation payments is, for example, based on laws or by-laws.
General grounds for obtaining
The maximum number of payments is enshrined in the Law "On the social protection of persons affected by the Chernobyl disaster." In general, the amounts are assigned taking into account the real life circumstances in which the needy citizen is. So, payments are provided for:
- Food for preschoolers, schoolchildren, students of primary vocational education institutions.
- The purchase of food.
- Compensation for damage to health.
- Recovery.
- Compensation for lost property.
- Reimbursement of fare, baggage.
Payments may be provided in connection with the employment in radioactive conditions, due to the loss of a breadwinner, etc.
Labor law
If we consider material assistance to individuals from the point of view of the provisions of the Labor Code, it is necessary to clearly differentiate the concepts. So, for example, the term “compensatory payments” is a supplement to a person’s earnings. He can count on receiving them if he works under conditions different from normal.
Compensation payments are provided on the basis of the order of the Ministry of Health and Social Development No. 822 of December 29. 2007. The corresponding amounts are assigned to employees working:
- In difficult, dangerous, harmful conditions (Articles 146-147 of the Labor Code).
- In regions with specific climatic conditions (Article 146).
- Concurrently, overtime, at night, in a different mode than the normal one (Articles 150-154).
Federal Law No. 4520-1 provides for payments to citizens working in the Far North and other areas equated to it. Since the climatic conditions in such territories are rather severe, the physiological and material costs are compensated to the employees of enterprises.
Compensation payments in shopping mall
Unlike the allowances mentioned above, these amounts are not a component of earnings. The fact is that usually working citizens are provided with lump-sum compensation payments. Their list is given in article 165 of the Labor Code.
Payments are assigned to employed persons if they:
- Go on a business trip.
- Take paid annual leave.
- Perform public duties.
- Move to another region to continue working.
- Combine training and work.
- They stop working due to circumstances beyond their control.
Of course, this list is not closed.
As a rule, employees receive payments at the expense of the employer.
Social security system
Compensation payments are also provided for in state programs to support needy categories of citizens. They can be periodic or one-time.
Such payments are aimed at supporting particularly vulnerable categories of citizens, protect them from the negative consequences arising in various situations, compensate for the harm and additional costs.
Currently, the social security system provides for many different types of material assistance. Periodically, their list is updated.
Subjects of law
Compensation payments under social security relate to:
- Employed women with dependent children under three years of age and caring for them while on vacation. It is worth saying that if another able-bodied relative takes care of the children, then he is also entitled to a payment.
- Students on academic leave, graduate students with health problems that do not allow continuing education.
- Wives of employees of the Ministry of Emergencies, police, working in remote areas, where the wives cannot find work.
Terms of receipt
Women caring for minors, undergraduate and graduate students, apply with a statement at the place of work / study. Attached is an order for the provision of leave.
Wives of employees submit an application to the social security authorities. To it should be attached:
- The certificate of marriage.
- Help from the personnel department. She confirms the fact of cohabitation.
- Workbook (if the woman was previously employed).
If the organization is financed from budgetary funds, then payment is provided from the corresponding budget.
Compensation for mothers during the liquidation of the enterprise
Women with minor children are entitled to rely on payments if the contract is terminated with them in connection with the termination of the employer. To do this, the following conditions must be met:
- Children must be under three years old.
- Mother must be unemployed, but not receive benefits.
- At the time of termination of the contract, you must be on leave to care for minors.
A woman in need provides to the territorial department of social protection:
- Statement.
- Sv-va about the birth of children.
- A document confirming the liquidation of the enterprise (extract from the Unified State Register of Legal Entities or the USRIP).
- Certificate stating that the applicant does not receive unemployment benefits. This document is drawn up at the territorial office of the Employment Service. If a woman cannot provide a certificate, the social protection authority may request it as part of interagency cooperation.
Disability Care Payments
Compensation amounts are provided by law if a citizen cares for:
- An elderly person over the age of 80 or in need of outside care.
- Disabled person 1 group.
Such payments are made monthly. Amounts are calculated for each disabled person. Moreover, the subject caring for those in need may not be his relative. The legislation does not establish a requirement for cohabitation of these entities.
Package of documents
To apply for the payment of care for a disabled citizen, you must provide:
- Statements. They are written by a caring person and disabled.
- Extract from the conclusion of MSEC.
- Act from a health care institution on the need to provide ongoing care for the disabled.
- A document from the social security authority confirming that a person in need was not previously assigned a payment.
If the disabled person has not reached the age of majority, but he is over 14 years old, the consent of the guardianship authority and parents is additionally provided.
Payments to victims of environmental disasters
The state provides financial assistance to persons who are victims of industrial accidents on:
- Chernobyl nuclear power plant.
- Association "Lighthouse".
- Semipalatinsk test site.
Payments to these individuals are assigned monthly and periodically indexed.
Migrant Support
These citizens are divided into two groups:
- Forced migrants.
- Moving to Russia as part of the resettlement of compatriots.
Subjects included in the second group, as well as their close relatives, can rely on reimbursement of expenses that they incurred in:
- Moving to a new place of residence (baggage and travel).
- Payment of state duty established by the Tax Code for paperwork (RVP, consular fee, for citizenship).
Internally displaced persons are provided with payments for:
- Property left in the territory of the former residence, if it cannot be returned in kind.
- Travel, baggage if the family has a poor status.
The funds for these compensation payments are transferred from the federal budget.
Veteran Support
The procedure for providing assistance to veterans is regulated by Federal Law No. 5 of 1995. The provisions of the regulatory act apply not only to participants in the Second World War. Compensation payments are also provided for:
- Veterans of state and military service.
- Combatants.
- Veterans of Labor.
Material assistance is expressed in compensation:
- Utility bills. Needy citizens are granted a discount of 50%.
- Acquisition of dentures.
- Burial costs. Help is provided to the veteran’s relatives.
Compensation payments on deposits
Until 1991, there were not as many banks operating in the Russian Federation as at present. The most common way to save citizens' funds was to store money in savings banks. However, after the economic crisis, all population accumulations were frozen. But the state has developed a number of programs to return funds to citizens.
The procedure and conditions for the payment of compensation are regulated by Government Decision No. 1092 of 2009. This regulatory act defines:
- The list of entities to which the payments are due.
- Raising factors.
- Maximum amount per recipient.
It should be said that the Resolution provides for compensation of amounts not withdrawn until June 20, 1991.
People can count on receiving funds:
- Born before 1945. They are entitled to payments in the amount of the balance recorded on June 20, 1991.
- Born from 1945 to 1991. They are paid double the amount of savings.
If the depositor died before 2014, his heirs can receive 6 thousand rubles in compensation for burial. In this case, the amount is paid if the citizen's account was not less than 400 p.
If the subject was deprived of the citizenship of the Russian Federation or renounced it voluntarily, he cannot count on payments.
Currently, there is a system of insurance of funds of Russian investors.
Conclusion
As you can see, the state provides for a variety of payments in support of citizens. Each species has its own special rules and conditions for obtaining. However, in any case, the interested party must submit an application.
To receive payments by working citizens, it is issued at the place of employment. If payments are relied on within the framework of social security, the application is sent to the territorial social security authority (at the place of residence of the subject).
For each category of needy people, normative acts establish a list of necessary documents. At the same time, a citizen may not provide some securities, since the body issuing payments may receive them within the framework of interagency cooperation.