Disabled child care allowance. Rights of a disabled child. Social Protection for Disabled

Social protection of people with disabilities is a special area of โ€‹โ€‹state policy. It is a set of measures aimed at ensuring a decent quality of life for people with disabilities. Let us further consider what specific activities are being implemented in practice.

disabled childcare allowance

Main directions

Social protection of persons with disabilities is implemented as part of state and regional programs. They include:

  1. The formation of barrier-free living conditions.
  2. The provision of compensation.
  3. Organization of services in the field of health, the provision of domestic services.
  4. Pension provision, financing.
  5. Organization of employment.
  6. The provision of housing.

State support for people with disabilities is the most important activity of the authorities. At the present stage, there are some shortcomings in its implementation. They are determined by a variety of factors. To create an effective system, according to experts, it is necessary to develop a mechanism that impedes the adoption of laws relating to social security, only if the state has the required amount of funds for this. Otherwise, many promises will not be realized, which will significantly undermine the trust of the needy layers in power.

Barrier-free living conditions

One of the criteria for assessing the activities of the state in the field of social security may be accessibility for the disabled in the physical environment. It is also about infrastructure facilities, communication and information channels. In Russia, the beginning of a change in the environment was laid back in 1992. On October 2, a corresponding presidential decree was approved. The country has developed standard norms and rules, which took into account the needs of citizens in need in the construction of residential buildings, the arrangement of infrastructure. At the same time, for a rather long time there was an obstacle to the implementation of these measures. It consisted in the absence of a mechanism for the implementation of the necessary work.

Target program

It is worth noting that the regulatory framework is only a prerequisite for large-scale work to create an accessible environment for people with disabilities. The implementation of the target program should begin with a detailed study of the private mechanisms by which the adopted standards will be implemented. Of no less importance is the monitoring of the real, urgent needs of people with disabilities in various spheres of life. In addition, according to experts, it is necessary to develop a policy of adapting the environment to the needs of people with disabilities.

social rehabilitation of disabled people

Regulatory requirements

The law governing the social protection of persons with disabilities in the Russian Federation obliges the authorities to create conditions for the unhindered access of these people to infrastructure facilities. Today, provisions that take into account the needs of those in need are present in the building rules and regulations, adjusted accordingly. In the regions of the country, expert organizations should establish quality control of project documents for the construction and reconstruction of facilities in terms of providing disabled people with access to them and their premises in order to freely obtain the necessary range of services. By law, local authorities cannot grant licenses to motor companies that refuse to equip buses with lifts. A very promising plan for the improvement of the city is the phased reconstruction of intersections and streets, taking into account the needs of people with disabilities.

Existing problems

In fact, all the requirements declared by law that enterprises, regardless of their legal type and form of ownership, are responsible for failure to fulfill obligations related to providing unhindered access for disabled people to infrastructure facilities, are not accompanied by any implementation mechanisms. There are no clear limits on liability for non-compliance. Levers of verification, control, and standardization of infrastructure facilities are also not provided. Thus, the foundations for creating a barrier-free environment for the disabled are only just beginning to be developed, despite the relatively long-standing adoption of the decree. Entities responsible for implementing the requirements cite a lack of funds as one of the main obstacles. Meanwhile, this problem, according to experts, is associated only with the issue of prioritization and insufficient monitoring of the implementation of established norms.

Medical support

The procedure for its provision is regulated by Federal Law No. 5487-1, adopted on July 22, 1993. The key measures in the field of healthcare are given in Article 27 of the law. In accordance with its provisions, social rehabilitation of the disabled is provided, providing them with medicines, means of transportation, prosthetic and orthopedic products, vocational training and advanced training. Disabled needy citizens can receive free medical care in municipal or state health care institutions, care at the place of residence.

If the subject is not able to self-service himself, he can be placed in a rehabilitation center. Compensation payments are also provided for children with disabilities and persons having a 1st group . As part of state programs, medical assistance is provided to those in need for free or at a discount. Social rehabilitation of people with disabilities, rehabilitation therapy, reconstructive surgery are carried out with the help of compulsory medical insurance. The rules for providing medical care are regulated by government regulations.

disabled child parent benefits

Housing issue

First of all, it is regulated by the Constitution. According to article 40, the poor and other categories of people in need, which, among others, include people with disabilities of different groups and categories, must be provided with housing. It is provided free of charge or at an affordable cost. Currently, the solution of the housing problem in the framework of social security for people with disabilities remains one of the current directions of the authorities.

Employment organization

Despite a number of restrictions on opportunities, regulations guarantee the right of persons with disabilities to work. Legislative provisions are aimed at creating conditions that ensure employment for people in need. The norms set specific mechanisms for implementing the measures envisaged. One of them is the determination by the regional executive structures of quotas for employment. They are provided to various enterprises. As part of the targeted programs, training is also being carried out on the education of children with disabilities , career guidance and advisory services are provided.

Compensation

Families with children with disabilities receive financial support from the state. It is expressed in various forms. In particular, a pension is granted to a disabled child . In some cases, able-bodied relatives have to take care of a person with disabilities. In this case, compensation is established for a non-working citizen. It is designed to reimburse part of the income that he could have received if he had been employed.

rehabilitation center for children with disabilities

The specifics of the payment of benefits for the care of a disabled child

As a general rule, compensation is awarded to an able-bodied but not working citizen who takes care of a disabled person. It does not matter if they live together and are relatives. In accordance with the general procedure, disability subjects include:

  1. Disabled 1 gr., Except for disabled children.
  2. Elderly people. In relation to them, a medical institution conclusion is issued that they need constant care.
  3. Subjects over 80 years old.

Disabled citizens can also receive compensation if they have disabled children in their care . The age to which material support can be assigned is 18 years. Compensation is established for one able-bodied, but not working entity in relation to each minor with disabilities. The amount of the allowance for caring for a disabled child depends on the degree of relationship. If father or mother takes care of him (adoptive parents, guardians), then the compensation amount is 5.5 thousand rubles. If another relative does this, the allowance for caring for a disabled child will be 1.2 thousand rubles.

Odds

Assistance to children with disabilities living in remote areas of the country (in the Far North and equivalent areas) is specified by regional regulatory acts. In terms of compensation for these citizens, coefficients are provided. They increase the amount in the calculation. Such assistance to children with disabilities is aimed at reimbursing additional material and physiological costs in connection with living in harsh climatic conditions. Odds apply to all monetary compensation established by federal law. Accordingly, parents of children with disabilities , adoptive parents, trustees / guardians and other relatives living in areas with difficult climates receive larger amounts than in other regions of the country.

Appeal for compensation

How to apply for a disabled child care allowance ? To assign compensation, an entity who will take care of a minor with disabilities applies to the authorized local authority. It is the structure in which a pension is awarded to a disabled child , the FIU.

Documents

To receive the allowance for the care of a disabled child , the authorized body shall provide:

  1. Application from the citizen, on the content of which the minor is. The form shall indicate the place of residence and the date on which care begins.
  2. Statement of a disabled person. The legislation establishes certain rights of a disabled child . In particular, having reached the age of 14, he can write a statement on his own. If for some reason he cannot do this, then his legal representative fills out the form.
  3. A certificate indicating that the applicant, on whose maintenance the minor is located, does not receive a pension. Such a document is provided by the employment authority at the place of residence.
  4. A certificate indicating that the applicant is not paid unemployment benefits. This document is also issued by the employment service at the address of residence.
  5. Extract of the survey certificate. It is directed by the FGU ITU.
  6. The document that certifies the identity of the applicant, his work book.
  7. The consent / permission of one of the parents (adoptive parents, guardians) and the guardianship authority for the maintenance of a citizen of 14 years at a time free from his education.
  8. Documents certifying the credentials of a representative of a minor.
    disability childcare benefits

In addition, a certificate from the organization conducting educational activities may be required stating that the subject, on the content of which there is a disabled citizen, is studying full-time. If these papers are in the case of a person instituted in the FIU, then there is no need to provide them.

Important point

The allowance for the care of a disabled child , in accordance with the law, may be received by an incompetent or partially incapable citizen. In this case, the corresponding statement is written by his legal representative. Maintenance of a minor disabled person may be carried out by one of the parents. In this case, you do not need to write a statement. If necessary, the authenticity of the signature of the minor is confirmed by an act of inspection of the body accruing pension.

Additionally

If the law provides a pension to a disabled child through the FIU and the law enforcement agency at the same time, the subject who will be the custody of the minor can apply to any of the relevant authorities. In this case, it is necessary to provide a certificate from another structure stating that no compensation has been awarded. You can additionally consult about the required documents in the territorial authority of the PFR or the pension service of the power structure.

Terms of appointment

The allowance for the care of a disabled child begins to be provided from the month in which the application was submitted with all the necessary documents to the authorized body, but not earlier than the day the citizen became able to receive compensation. The accrual is made to the amounts already established by the disabled person. In the event of circumstances, as a result of which payments should be stopped, the carer is obliged to inform the authorized body about them. This must be done within five days.

Termination of compensation

The legislation establishes cases when entities lose the opportunity to receive the stipulated amounts. For example, if a disabled child dies, benefits to parents are canceled. Other cases in which compensation ceases include:

  1. Change of place of residence of a minor.
  2. A room in a rehabilitation center for children with disabilities for full state security.
  3. Termination of the maintenance of a disabled subject. For this, a ward statement is required.
  4. Assignment to a citizen providing carer of benefits by the employment service, salary on the occasion of employment or compensation due to dismissal upon reaching advanced years.

In all these cases, a citizen must apply to the FIU with a statement.

apply for a disabled child care allowance

Disabled child: benefits for parents

The federal support program for people with disabilities provides a fairly large number of measures. In particular, the mother of a disabled child who raised him for at least 8 years may retire ahead of schedule. It is enough to have 15 years of experience for this. In accordance with the Labor Code, mothers with a disabled child are given the opportunity to work part-time or weekly. The salary in this case is given in proportion to the time. It should be borne in mind that this opportunity is provided until minors are 16 years old.

The rights of the disabled child and his relatives in the housing sector have been expanded. In particular, they are the first to receive apartments. Families with children with disabilities have the opportunity to get extra space in excess of statutory requirements. In addition, they are primarily provided with land. Significant support can be called discounts on utility bills. They make up about 50% of the established amounts for other citizens.

Transport services

The legislation provides for free travel for parents of a disabled child. This option applies to suburban and urban public transport. The child has the right to take advantage of the certificate upon presentation. Adults need special help. Long-distance travel is paid by the indicated categories by 50%. This opportunity can be taken by air, road, rail and river transport. This benefit is valid from October to mid-May. In this case, you can buy any number of tickets. Separately, it should be said about the bus ride. Free long-distance transport can be used if the child is sent to the place of treatment or back. The accompanying citizen can take the same opportunity.

Education

Education for children with disabilities can be carried out on an equal basis with everyone. Certain measures are provided to ensure the safety of a minor with disabilities. For example, if a regular preschool educational institution is not suitable for the child because of his health condition, he may be sent to a special institution in which the proper conditions are created. However, payment for staying in institutions is not charged.

Length of service

Does it include a period of care for a child with a disability? The entire term is included in the length of service provided that it was preceded by labor activity. In addition, for the period of child care, pension points are awarded - 1.8 for each year. The corresponding rule is provided for in Federal Law No. 400 (1 article, paragraph 6).

Disabled child care allowance

Conclusion

Caring for a minor with a disability is undoubtedly a very difficult job. Not everyone can combine it with ordinary professional activities at the enterprise. Some parents do not have the opportunity to entrust the care of the child to relatives or other people. Therefore, they have to combine it with work activities.If the condition of the child requires constant presence, one of the parents has to quit work. To reimburse part of the income that a citizen could receive in the course of employment, the state provided a special allowance.

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Source: https://habr.com/ru/post/F3511/


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