Maternity capital for a disabled child in 2021: conditions for receipt and use

Regulatory framework

The government has developed regulations that serve as the legal basis for directing maternity capital to the recovery of a sick child:

Federal Law on family capital dated December 29, 2006 No. 256-FZ. In accordance with Art. 7 clause 4 of the Federal Law, funds under the certificate can be spent on goods and services for adaptation and integration into society of children with limited physical abilities. Budget money can be used either fully or partially. Products can be purchased for any child with a disability in the family.
Resolution No. 380 of April 30, 2016. It determines the procedure for debiting funds.
Order No. 831-r. It contains a list of social services and devices that are eligible for compensation.

How to use maternal capital for the rehabilitation of a child

Previously, maternity capital funds could not be used for the rehabilitation of a disabled child. Since the beginning of 2021, the situation has changed for the better. Parents can use maternity capital to create comfortable conditions for a child with disabilities.

The new rule was established by subparagraph 4 of paragraph 3 of the Law “On additional measures of social support for those with children.”

Parents have the right to receive compensation regardless of whether their child is their own or adopted.

Algorithm for directing maternal capital to the rehabilitation of a child with a disability:

Visit a medical facility and get a referral from your attending physician for a medical and social examination;
Contact the organization of medical and social examination;
Contact the specialists of the social protection department;
Contact the Pension Fund office.

We undergo a medical and social examination

The purpose of contacting the ITU is to include information in the child’s individual rehabilitation program that the child needs medications and rehabilitation means to adapt to society.

Parents need to prepare a child’s birth certificate, an outpatient card, and a certificate confirming disability. The set of documents also includes an individual rehabilitation program for the child, extracts from medical organizations, and a referral for a medical and social examination.

Contact the social security authority

comes to your home within 5 days The act confirms that the parents actually bought the medicine or medical device for the child’s needs.

We submit documents to the Pension Fund

11 types of documents that need to be submitted to the pension fund:

statement from the owner of the maternal certificate;
SNILS (how to get SNILS);
passport;
power of attorney, if another person acts on behalf of the applicant;
an individual rehabilitation program that is valid on the day the parents bought goods and services for the child;
receipts confirming the purchase of medicines;
contract confirming the purchase;
cash or sales receipt;
invoices;
an inspection report signed by parents and a social protection specialist;
bank account details.

The documents can be handed over to a specialist at the Pension Fund branch or submitted to the multifunctional public services center.

Rehabilitation, habilitation, adaptation: basic concepts

One of the areas of use of maternal capital is the rehabilitation and adaptation of children with disabilities:

Rehabilitation - from the point of view of the state, is a program aimed at restoring those functions of the disabled person’s body that are poorly developed or completely absent in the child. The program is developed with the goal of improving the health of the minor as much as possible and providing him with the conditions for normal functioning in society in accordance with his condition.
Social adaptation – providing a child with assistance in adapting to the rules and requirements in force in society. The result of integration is the inclusion of a disabled minor in everyday activities, education, work, and leisure.
Habilitation is a system consisting of the combined activities of teachers, psychologists, doctors, and social workers. It is aimed at developing the child’s ability to learn, play, work, and independently serve.

An individual rehabilitation and habilitation program (abbreviated as IPRA) is developed by doctors for each child separately. The program takes into account the characteristics of the body and health of a particular disabled person. It is issued during the examination of the minor. One copy is given to the mother and father, the second to ITU specialists.

IPRA includes:

Medical, physical education direction.
Professional, social assistance.
Working with psychologists and teachers.
Activities that can be obtained through federal support.
Funds paid for by certificate.

What to spend it on

The law states that disabled children are entitled to:

Rehabilitation assistance.
Technical means used for the same purposes.
Services for special minors.

For each child, their own IPRA program (Individual Program of Rehabilitation and Habilitation) is developed, which takes into account the individual needs of the child. It is issued by ITU during the examination.

As a result, it turns out that maternal capital can be spent on the following rehabilitation measures for a disabled child:

Activities that are included in the IPRA by decision of the ITU.
Those events that are not provided by the state as free.

Maternity capital cannot be spent on extra-budgetary services and goods, such as medical rehabilitation, medications and treatment.

Peculiarities of using state funds for a disabled person

Allowed to spend money:

For professionally specialized assistance.
Technical devices.
Other services.

Thus, maternity capital is allowed to be spent on professional assistance, which is specified in the IPRA according to the ITU resolution. It is also allowed to use funds for services that are not established by the government as free.

State support cannot be used to purchase extra-budgetary goods, medicines, or to pay for treatment.

Statistics show that maternity capital is rarely spent on disabled children.

What is the essence of the innovation?

Federal Law No. 348-FZ of November 28, 2015 introduced amendments and modifications to the current Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.” From the text of the document it follows that:

From January 1, 2021, funds for

can be used “to purchase goods and services aimed at social adaptation and integration into society of disabled children.”
These goods and services, which can be purchased under a certificate in relation to a specific disabled child, must be provided for by an individual rehabilitation or adaptation program (IPRA).
You cannot spend maternity capital on medical services, as well as rehabilitation measures and goods listed in the “Federal List of Rehabilitation Measures, Technical Rehabilitation Equipment and Services” (in accordance with Article 10 of Law No. 181-FZ of November 24, 1995 “On Social protection of disabled people in the Russian Federation").
Money can be directed to any child in the family , natural or adopted (and not just to the one in connection with whose birth the family received a certificate), without waiting 3 years from the date of birth or adoption.
The Pension Fund of the Russian Federation transfers maternity capital funds to pay for goods and services for a disabled child only in the form of compensation for expenses already incurred - that is, initially the family will have to pay for them at their own expense!
When parents submit an application for disposal in this area of spending maternity capital, it is necessary to provide an inspection report from the social service authorities at the place of residence, confirming the receipt of a service or the fact of purchasing a product from the list established by the Government.

The law has raised many questions because it does not fully take into account the real needs of families with disabled children (in particular, funds cannot be used for paid treatment ). Additional difficulties are created by the proposed procedure for sending money - a form of compensation for costs.

Also, for a full six months until May 2021, it was not entirely clear what exactly money could be spent on within these areas, since the process of approval by the Government of rules and official lists was delayed. Only on May 11, 2 long-awaited documents were published:

Government Decree of April 30, 2021 No. 380 “Rules for allocating maternity capital funds to disabled children”:
Order No. 831-r dated April 30, 2021 “List of goods and services for social adaptation and integration into society of disabled children”:

Federal list of budget services

The state provides a number of activities that can be used free of charge, for example, the provision of medicines, technical items, prosthetics, and sanatorium treatment services.

The federal list includes services related to the rehabilitation of a child with disabilities, as well as means for special rehabilitation.

Special rehabilitation includes the following elements:

Funds for child care.
Hygiene items: absorbent linen, mattresses to prevent bedsores, devices for holding objects, for dressing a disabled person.
Prostheses, shoes, hearing aids.
Reading devices for children with vision problems.
Communication devices.
Rehabilitation services: repair of TSR, typho- and sign language interpretation, material support for guide dogs.

The transferred funds are paid for by the state.

If parents purchased TSR (technical means of rehabilitation) with personal savings, then they have the right to claim financial compensation. An application with this requirement is submitted to social security officials.

Providing services according to the free federal list

There is a list of activities that are provided to disabled children completely free of charge according to the federal list. This includes the provision of technical equipment and medications, prosthetics, and sanatorium-resort treatment.

Please note that maternity capital cannot be spent for these purposes!

The free federal list lists the following goods and services:

Measures taken to rehabilitate the child. That is, this is restorative and reconstructive treatment, which includes items such as orthotics, prosthetics and medications.
This also includes means for special rehabilitation.

Specialized tools of this type include:

Equipment designed to care for disabled people - such as special handrails, wheelchairs and canes.
Devices for hygienic procedures include special absorbent underwear, anti-bedsore mattresses, devices for grasping objects and dressing.
Devices created specifically for orienting disabled people - that is, the help of dogs specially trained for this (this also includes all the necessary equipment).
Prostheses and prosthetic-type devices - this includes not only the prostheses themselves, but also special underwear, hearing aids, shoes, and so on.
Reading devices for the visually impaired and so on are used as educational aids.
If necessary, communication devices are provided, such as voice-producing devices or televisions equipped with teletext for the visually impaired.

Additionally, children with special needs are provided with rehabilitation services, such as typhology and sign language interpretation, maintenance for guide dogs, as well as repair of TSD.

Those devices listed above are fully paid for by the state. As for TSR, they remain at the child’s complete disposal.

If the TSR was purchased by the child’s family, then compensation for the funds spent is possible. However, you need to contact the social security authorities for this.

What can you spend your maternity capital on?

The government has compiled a list of objects that can be compensated with maternal capital. The list consists of 48 items belonging to 6 categories:

Devices for self-service and child care: multifunctional chairs and cribs, lifting devices for walking.
Items for the educational process: for writing (including Braille), drawing, touchscreen displays.
Equipment to strengthen the motor system to prevent vestibular disorders.
Devices for communication with society: headphones, mobile devices, measuring instruments.
Hygienic devices: chairs, stools, bath boards.
Reader services.

If the listed items and categories are indicated in the IPRA, then it is allowed to allocate budget funds to them.

Alas, parents will have to pay for psychological and speech therapy services, sports equipment, exercise equipment and some other rehabilitation activities by the government from their own funds, since they are not included in the acceptable list.

Disadvantages of the program

Maternity capital cannot be used to compensate for funds that were spent on medical services. It is also not allowed to use funds for goods specified in the federal budget list.

The programs offered by the state are not suitable for every child with disabilities. In addition, the number of services is limited and not available to everyone.

As a result, maternity capital can only be used for those goods that are approved by the government of the Russian Federation or included in the IPRA.

Where to go before visiting the Pension Fund

In order to take advantage of government support, you must complete the following steps:

Visit the clinic at your home address and get a referral to medical examination.
Go to the ITU and ensure that the IPRA includes goods and services that can be compensated in the future.
Buy goods or pay for services recommended by an individually developed program, saving receipts and receipts.
Go to social security with the requested documents.
Submit an application to the Pension Fund asking for compensation.

The video explains how maternity capital can be used to support a disabled child and what significance this has for society:

How to use maternity capital for disabled children

The procedure for using maternity capital funds for disabled children is also regulated by a special document approved by Government Decree No. 380 of April 30, 2021 “Rules for allocating funds (part of the funds) of maternity (family) capital for the purchase of goods and services intended for social adaptation and integration into the society of disabled children, by compensating the costs of their acquisition.”

If the regulatory documents on the management of maternal capital funds in this area are properly finalized, this norm can benefit thousands of disabled children throughout Russia who need rehabilitation and social adaptation. This is especially true in common conditions when a family cannot apply a state certificate in other areas.

The procedure for compensation of costs for the purchase of goods and services for social adaptation and integration into society

Money under the maternal certificate is planned to be transferred in non-cash form to the bank account of the certificate owner , who independently purchased goods or services from the above List for a disabled child provided by the IPRA.

That is, maternity capital funds can be spent on the social adaptation of a disabled child only in the form of compensation for expenses incurred .

In fact, this means that parents of disabled children will have to independently pay for the construction of a ramp at the entrance to the entrance, the purchase of a special bed, means of communication or sports, or purchase other goods or services for a stipulated amount of up to 453 thousand rubles (in whole or in part). And only then wait for a decision on compensation by the Pension Fund for the expenses incurred.

It is unlikely that such an attitude towards families with disabled children can be considered fair, because:

Most often, the family of a disabled child does not have their own funds of this size - often such families are completely low-income, since one of the parents has to continuously care for the child without going to work;
It is hardly reasonable to count on consumer loans in the current economic situation - if the loan is issued, the family will have to overpay significant interest, since the bureaucratic procedures necessary for the subsequent transfer of money by the Pension Fund take several months.

Submitting an application to the Pension Fund and a list of required documents

The owner of the certificate or his legal representative submits to the Pension Fund of Russia an application for the disposal of funds in the established standard form.

must be provided along with it :

passport of the certificate holder (or other identification document and proof of residence);
an extract from the IPRA indicating the child’s individual data, necessary funds and rehabilitation measures (excluding medical services, as well as activities financed from the federal budget);
confirmation of the purchase and payment for goods or services received as part of the integration into society and social adaptation of the child (checks, invoices, contracts for the provision of paid services, operational and warranty documentation for the purchased goods);
act of checking the availability of purchased goods , issued by social services authorities and containing: information about the owner of the certificate for maternal capital;
name of the purchased product for social adaptation;
confirmation of compliance of the purchased product with the list approved by the Government and the individual rehabilitation program for a disabled child (IPRA).

the applicant's bank account details;

a document confirming the authority of the legal representative (if the owner of the certificate applies by proxy through a trustee).

If a complete package of documents is provided and a positive decision is made by the Pension Fund authorities, the money can be transferred directly to the bank account of the certificate holder within 2 months after the relevant decision is made.