How much do they pay for guardianship of a disabled person of groups 1 and 2 in 2020?

Author of the article: Yulia Kaysina Last modified: January 2020 5751

In any country there are groups of citizens that are least protected in terms of legal and ordinary life activities. First of all, they include people with disabilities. Due to the characteristics of physical and/or mental development, such persons require care from other people. Registration of guardianship over a disabled person of group 2 allows us to solve this problem. Let's look at how it is implemented in the Russian Federation.

Legal grounds

Guardianship of an adult and incapacitated citizen is a free service.
But the law provides for cases when the assistant is paid small monetary payments. These compensations were approved by state decree No. 343 of June 4, 2007. If the patient’s parent does not officially work, then, according to presidential decree No. 551 of March 17, 1994, he can count on a payment of 60% of the minimum wage. Monthly benefits for persons with disabilities are provided for by Presidential Decree No. 175 of February 26, 2013. Download for viewing and printing: Decree of the Government of the Russian Federation dated 04.06.2007 N 343, ed. from 06/02/2016

Decree of the President of the Russian Federation dated March 17, 1994 No. 551

Who can become a trustee

In order to receive the required benefits for guardians of incapacitated disabled people, it is necessary to meet certain requirements:

• be able to work, that is, be able to take care of the patient;
• have no criminal record;
• do not suffer from mental disorders;
• age from 16 to 60 years.

Important!
When choosing a guardian, preference is given to close relatives. The money paid by the state is compensation for the fact that the guardian cannot allocate enough time to earn money. But if there is other income in it, then you should not pin your hopes on payments.

To register you should follow these steps:

• collect the necessary package of documents;
• transfer of collected documentation to the guardianship authorities and the Pension Fund.

Guardianship over an incompetent person is allowed to be issued to medical institutions where the patient is registered.

Registration procedure

The process of applying for guardianship benefits for a group 2 disabled person is as follows:

1. Collection of the necessary package of documents.
2. Contacting the appropriate authority and submitting documents.
3. Waiting for a decision to be made on this issue.
4. Receiving payments.

Where to go

You can apply for benefits in several ways , namely:

• by personal appeal to the territorial body of social protection of the population at the place of residence;
• at the MFC at your place of residence;
• with the help of a trusted person.

If we talk about the MFC, then you can contact its nearest branch, which is located at your place of residence and submit the same documents as to the social protection authority.

The authorized person can be a close relative or simply an acquaintance who will have a notarized power of attorney. This document provides full right to submit documents and write an application instead of a guardian.

What documents are required

There is a basic list of documents , the submission of which must be mandatory.

In particular, we are talking about documents such as:

• original and copy of the guardian’s passport;
• the original passport of the authorized person (if this is done by a third party under a power of attorney), as well as the power of attorney itself;
• decision of social care and trusteeship authorities. It is provided to the guardian in the form of a so-called extract;
• a copy of the disabled person's certificate, which confirms that the ward has a certain disability group;
• application for benefits. This document is drawn up in the presence of an employee of the MFC or the department of social protection of the population;
• a copy of the cover page of the guardian's savings book, on which the bank details for crediting benefits are located;
• the original certificate, which confirms the fact that the guardian and the disabled person live together in the same living space (the document can be issued at the passport office).

In addition to this list, social protection may require other additional documents as necessary. For example: a certificate of presence or absence of official work, a certificate of salary, and so on.

Timeframe for making a decision

Today, the maximum period for making a decision is up to 30 calendar days. But at the same time, on average, it will take no more than 10 calendar days to make a decision, after which social protection gives its verdict - a decision has been made to accrue benefits or a refusal has been received.

What types of state support are required?

Guardians of disabled people of group I have the right to monthly financial assistance. On the territory of the Russian Federation you can count on the following types of state support:

1. Non-working parents receive 60% of the minimum wage in connection with caring for a disabled person.
2. If a guardian takes care of a disabled child, the amount of the benefit is 11,445 rubles. monthly, if the disability is acquired, the amount of payments will be 9538 rubles.
3. The state transfers a monthly allowance to the guardian in the amount of 3,357 rubles.

Payment amounts may vary depending on the region.

Important! The pension is assigned only to adults (a minor cannot be a guardian). The assistant must perform his duties with an official status.

Guardians can also count on additional privileges:

• discount of 50% of costs for housing and communal services and telephone communications (landline);
• free treatment in sanatoriums;
• tax benefits: · reduction in payment of transport and land taxes, abolition of property tax;
• free travel on all types of public transport.

Important! Payments are paid along with the pension.

Features of social assistance

The assistance provided by the state is conventionally divided into two types: cash and in kind. A group of citizens in need has the right to receive medical supplies, essential goods and products, and clothing and shoes as social assistance. As virtual support, the authorities provide discounts on the purchase of baby food, discounted travel or subsidies for utility bills.

Methods of financial assistance include cash targeted social payments. The legal distinctive feature of such payments is material support for low-income families, single citizens, and people in difficult life situations. Assigned benefits are paid lump sum or monthly. There are no restrictions on its use (you can spend it at the discretion of the beneficiary). It is free of charge, i.e. Non-refundable (except for some exceptions).

Preferential privileges, social benefits, subsidies and other compensation payments require periodic confirmation. The law establishes a certain period for granting benefits, after which the right must be extended by submitting the required package of documentation.

Benefits for guardians of disabled children

Presidential Decree No. 175 of February 26, 2013 established a monthly allowance of 5,500 rubles.
To apply for compensation, you need to contact the Pension Fund. Attention! Compensation is issued and paid only in the case when the guardian citizen is able to work, but attends all the time to care for a minor patient. For this reason it cannot work. Children assigned to group 1 receive a pension in the amount of 10,337 rubles.

Download for viewing and printing:

Decree of the President of the Russian Federation dated February 26, 2013 N 175, ed. from 12/31/2014

Additional privileges

Persons caring for disabled children can benefit from:

• the right to work part-time week or day;
• the opportunity to receive 4 additional paid days off;
• the right not to work on weekends and holidays, as well as at night;
• the right not to work overtime and not to travel on business trips;
• additional unpaid leave lasting 14 days (if there is such a condition in the collective agreement).

Important!
Persons who raised children with disabilities can count on early retirement. For every 18 months of guardianship, the date of assignment of the pension approaches 1 year. The age for applying for a pension can be reduced by a maximum of 5 years. In addition, families raising children with disabilities can count on a 50% discount on utility bills and rent. Such families have the right to priority provision of land plots. How much a guardian of a group 1 disabled person receives since childhood also depends on tax deductions.

Tax deductions for caregivers of disabled children

Helpers for such children, along with their parents, can use:

• social deductions;
• standard tax deductions.

The amount of the standard tax deduction is 6 thousand rubles.

Important! The essence of standard type deductions is that income tax is not deducted from the amount of wages, the amount of which is 13%.

Social deduction is paid:

1. Under a voluntary insurance pension agreement.
2. According to a voluntary insurance agreement.
3. According to a non-state pension agreement.

But all of the above agreements must be concluded in favor of the ward. It is worth noting that privileges for guardians are also provided for by regional programs.

The legislative framework

The guardianship procedure is stipulated in Federal Law No. 48-FZ, as well as the Family Code. Most of the provisions are located here, and the nuances are specified in additional legal acts.

The most popular are:

• Article 145 of the Family Code – provides an example of the establishment procedure itself;
• Article 146 of the Family Code – the entire list of requirements and conditions that guardians must comply with is announced;
• Article 148 of the Family Code – all rights and obligations of a disabled ward are granted;
• Article 148.1 – a complete list of the rights and obligations of the guardian is stipulated.

But despite such a list of legislative acts, they do not cover the topic of payment of benefits.

According to the current procedures of Russian legislation, all actions aimed at guardianship are recognized as free of charge. But in some cases, the government pays extra for these actions.

Payment is regulated by Government decree. But to receive benefits, you must fulfill a number of requirements and conditions described in the legislative act.

This point is also regulated by a decree, which prescribes the nuances of caring for a disabled child. In this case, there is an increase in payment for guardianship.

To receive increased pay, you must also fulfill various conditions. Regarding payments, every person has the right to apply to social protection.

Incapacitated disabled people: discounts for their caregivers

Benefits for guardians caring for incapacitated people with disabilities are provided in much smaller quantities than for persons who care for minor children with disabilities.
Thus, government resolution No. 343 of June 4, 2007 provides for a monthly allowance for this category of trustees. Attention! Such compensation is due to the person who actually takes care of the incapacitated citizen. However, it may not be officially issued. To receive benefits, guardians of disabled people must contact the Pension Fund and present the following documents:

• statements from both parties;
• a certificate from the Pension Fund of the Russian Federation, which confirms care for the sick person;
• a certificate issued by the employment center, which indicates that the assistant does not receive unemployment benefits;
• extract from ITU;
• a conclusion confirming the need to care for a sick person;
• civil passport of the guardian;
• work books of both participants.

Important!
If the caregiver does not process payments on time, the registration procedure can be completed later. The guardian will be paid money for the previous months. The maximum period for which funds can be returned is 3 years.

For a pensioner

By law, all elderly people who have celebrated their 80th birthday need constant care. As a rule, relatives help them.

What a nurse should do:

· length of service – equal to the time of supervision (previously worked);

· small subsidy;

· 1.8 pension points (per year).

Requirements for candidates - nurses:

A. Unemployed citizens, at least 14 years of age, not registered with the Central Bank, and not receiving benefits from there.

B

Students are full-time students, whether they receive a scholarship or not. According to the law, this is not income

C. Relatives or strangers. The presence of a blood connection only affects the size of the subsidy.

In practice, people do the following:

1. If you have an elderly relative or neighbor, you need to discuss upcoming cooperation with him.

2. The subsidy will be added to the pension, the parties agree in advance on plans for care and assistance

3. The interested party transfers documents to the Pension Fund or MFC (possible through “State Services”). The list is shown above. Awaiting the verdict of the institution's staff.

4. If the decision is positive, the monthly accrual of financial assistance begins.

You can terminate cooperation by submitting a statement to the Pension Fund. Other pensioners, even younger than the person under their care, will not be able to become a nurse; their pension is already considered income.

Regional programs

A certain number of benefits operate at the regional level.
For example, according to the terms of such a regional program in Moscow, families raising supervised children are provided with:

1. Compensation for the caregiver of a child with a disability.
2. Reimbursement of utilities.
3. Compensation for education.
4. Financial assistance for a full-time student.
5. Compensation for an abandoned or abandoned child.

Trustees in Moscow can also use the following in-kind privileges:

• 50% discount in case of payment for preschool education;
• free use of public transport;
• the opportunity to receive 2 meals a day in educational institutions.

In addition, supervised children can count on free medicine (up to 3 years), free baby food and textbooks.

Documents for guardianship

The future guardian must provide the following documents:

• a statement confirming the desire to care for a disabled person;
• document on ownership of real estate;
• paper from the police department confirming no criminal record;
• certificates from drug and mental health clinics;
• medical report on the completed medical examination;
• passport and its copy;
• marriage certificate;
• TIN;
• pension certificate;
• autobiography;
• conclusion on inspection of residential premises;
• certificate of completed guardianship training;
• income certificate;
• consent signed by all family members.

Employees of the institution where a disabled person is kept provide the following documents for him: medical certificates about his general state of health and disability, registration documents, copies of the death certificate of his parents or court decisions declaring them incompetent/missing/deprived of parental rights, etc. P.