Fee for guardianship of an elderly person

Do I need to formalize guardianship in order to receive financial support from the state? Until when will the money be paid and what is the amount paid to the guardians?

Children who have lost parental care and incapacitated older citizens will not be able to provide for themselves. The state should support them, but how to help them if they are not able to use the allocated money for the benefit of the future. Therefore, the government is interested in the population to engage in guardianship.

Not only relatives are allowed to foster a child or take care of a disabled person. Complete strangers do this too. There is no difference if the ward is surrounded by the warmth of the family hearth and can self-realize in later life on an equal basis with other citizens.

Another member appears in the guardian's family. More money is needed, and not only wealthy people decide to take such a step. The legislation of the Russian Federation contains provisions specially created for such cases. However, the benefits provided to guardians may vary depending on the circumstances.

Grounds for appointing guardianship over an elderly person

In accordance with legal norms, guardianship is assigned exclusively to incapacitated citizens. If a person has limited legal capacity, then guardianship is appointed over him.

The following are incompetent:

• minors aged 0 to 13 years;
• adult citizens declared incompetent by a court decision.

Legally, senior citizens include:

• women aged 56 to 70 years;
• men aged 61 to 70 years.

In common parlance, men over 61 and women over 56 are considered elderly. A citizen's attainment of old age does not entail loss of legal capacity. Even if age-related changes have resulted in mental disorders, a person can only be declared incompetent by a court decision.

The following types of care are provided for adult citizens:

• guardianship - over incapacitated citizens;
• patronage - for persons with disabilities;
• care – for elderly people over 80 years of age.

The law does not establish benefits for a citizen acting as a guardian or trustee of adults.

Regulatory regulation

Issues of guardianship and trusteeship of adult citizens are regulated by the following regulations:

• The Constitution of the Russian Federation (Article 39) guarantees the right to social security in accordance with the age of the recipient;
• Family Code (establishes the possibility of receiving financial support from able-bodied adult relatives for older citizens);
• Civil Code (determines the conditions for appointing guardianship);
• Federal Law No. 48 of 2008 (establishes requirements for a guardian and the reasons for appointing guardianship);
• Government Decree No. 423 of 2009 (determines the procedure for selecting citizens wishing to become guardians);
• Government Decree No. 343 of 2007 (establishes rules for the payment of compensation for citizens caring for elderly persons over the age of 80).

Establishment of maternity and paternity

The origin of the child from the mother (maternity) is established on the basis of documents confirming the birth of the child by the mother in a medical institution, and in the case of the birth of a child outside a medical institution, on the basis of medical documents, testimony or other evidence.

The paternity of a person who is not married to the child’s mother is established by submitting a joint application to the civil registry office by the father and mother of the child; in the event of the death of the mother, her recognition as incompetent, the impossibility of establishing the whereabouts of the mother, or in the event of deprivation of her parental rights - at the request of the child's father with the consent of the guardianship and trusteeship authority, in the absence of such consent - by a court decision.

Who can be a guardian

To appoint guardianship over an incapacitated elderly citizen, the candidate must collect a certain list of documents and obtain an opinion from the district guardianship department. Both an individual and the head of an organization can act as a guardian.

General requirements for a guardian:

• no criminal record for crimes against life and health;
• having full legal capacity;
• absence of a number of diseases, including alcoholism and drug addiction;
• no criminal record for serious crimes.

It is important to know! The law does not provide for remuneration or other payments to guardians of adult citizens.

Caring for a senior citizen

If a citizen is not declared incompetent, he does not need to appoint a guardian. In this case, the following citizens have the right to care:

• a person who has reached 80 years of age;
• a citizen in need of constant outside care based on the conclusion of a medical commission;
• disabled person of group I.

Continuous care can be provided by:

• relatives;
• any other citizens;
• employees of social services providing social services at home.

Care refers to the following actions:

• purchasing food, clothing, hygiene items;
• organization of everyday life and food;
• payment of utility bills.

Expenses for servicing a citizen are made from his personal funds (pension, other savings). There is no special reporting form for the expenditure of funds.

How to make a payment

The organization responsible for assigning and transferring compensation for citizens providing care is the Pension Fund. The law provides for the possibility of providing assistance to several elderly persons at the same time. In this case, compensation is assigned for each ward.

Compensation payment is not assigned in the case of caring for a citizen who receives 2 pensions. The right to a second pension is given to military pensioners, firefighters, security forces, employees of the penal system, drug control services and the State Guard.

The law does not oblige a citizen caring for a pensioner to live with him.

List of documents

To receive compensation, the applicant must submit the following documentation to the Pension Fund:

• passport;
• statement of the citizen providing care;
• statement from an elderly person;
• information about lack of employment (work book);
• a certificate from the employment center stating that the applicant is not registered;
• civil passport and work book of a pensioner;
• conclusion of a medical commission on the need for constant outside care;
• certificate from the educational institution (for the student);
• certificate from school (for a student);
• parental permission (if the applicant is under 16 years of age);
• permission from the district guardianship department (if the applicant is under 16 years of age).

Employees of the authorized body must independently find out whether the pension was assigned to the applicant and whether the senior citizen has a second pension.

Amount of benefit and procedure for registration

The amount of compensation payment varies depending on the region of application. The basic amount is 1200 rubles. Depending on the regional coefficient, the amount may be increased.

A special feature of the payment is that the funds are not transferred directly to the recipient, but together with the senior citizen’s pension. The pensioner must independently transfer the payment to the caregiver.

Compensation is paid not only for the current month, but also for the previous period. The maximum period of claim for past time is 3 years if the pensioner has reached 80 years of age.

To receive the payment you must submit an application. The law provides for the following treatment options:

• in person to the district office of the Pension Fund;
• through the electronic portal of the State Service;
• with the help of a trusted person.

The application review period is 10 days. If the authorized body refuses to assign a payment, then an official refusal is sent within 5 days. The maximum period for correcting defects is 3 months.

If a pensioner moves to another district or city, the Pension Fund stops making payments at his request. The payment is assigned by the Pension Fund branch at the place of new residence from the 1st day of the next month.

The FIU office has the right to require the caregiver to update documentation.

A law on indexation of pensions for pensioner guardians has been adopted

1. Application for accrual of remuneration and length of service to the parent, indicating the date of conclusion of the adoption agreement for the adopted child.
2. A copy of the agreement between the social service agency and the adoptive parents.
3. Passport of a citizen of the Russian Federation.
4. Documents for the adopted child (certificate or passport).
5. If the adopted family member is disabled, a certificate of recognition of his disability and category.
6. TIN of both parents.
7. SNILS of parents.
8. Bank account details.

The payments that a foster family can count on in 2021 have been indexed by an average of 6 percent compared to the previous year. According to the law, a family that has taken custody of an orphan child or whose parents have been deprived of parental rights is considered adopted.

Foster children are also entitled to receive a monthly child care allowance, the amount of which varies depending on the region of residence of the family. From the date of transfer of the orphan to family patronage, he will also be accrued a monthly allowance, the amount of which also depends on the subject of the Russian Federation.

Due to inflation, the amount of federal child benefits in 2021 has been increased compared to the amounts in effect last year. Since inflation for 2021 was 2.5%, from February 1, 2021, all federal child benefits, except for state maternity capital, will be indexed with a coefficient of 1.025 (Government Decree No. 74 dated January 26, 2021).

The legislation of the Russian Federation provides for various forms for placing orphans in families. Children can be adopted, given guardianship, taken into foster care, or placed in a foster family. Russian citizens who choose one of these forms have the right to count on budget breaks. The amount of the benefit depends on the category. Thus, the foster family is entitled to payments, which in 2021 are calculated based on different data.

Despite the fact that there is no physiological birth when the baby is delivered, the parent is actually provided with paid sick leave. This applies to cases where parenthood or guardianship of an infant takes place.

In the case of registration of foster care for a child left without parental care, the foster carer is paid a monthly remuneration in the amount of 5,000 to 7,500 rubles for raising each pupil, depending on his state of health.

Also, for the organization of holidays for a foster family, a cash allowance in the amount of 4,600 rubles is paid annually for each foster child, or compensation is made for the costs of purchasing vouchers for a joint family vacation in the amount of 6,900 rubles for each member of the foster family.

Reasons for stopping payments

If there are reasons to terminate the payment, the pensioner or citizen caring for the care must inform the authorized body in person or through the State Services electronic service within 5 days.

Reasons for stopping payments:

• death of a pensioner or compensation recipient;
• employment of the recipient;
• assigning a pension to the curator;
• registration at the employment center.

The law gives the right to terminate payments to:

• pensioner;
• recipient;
• social bodies.

If a citizen provides care improperly, ignores his duties, or has committed a crime against a pensioner, then social service employees have the right to submit a request to the Pension Fund to terminate payments.

The month in which the events that led to the termination of compensation occurred is paid in full. Payments stop on the 1st day of the next month.

Registration of benefits for caring for an elderly person

An important question is whether the length of service is valid and how much they pay for caring for an 80-year-old pensioner - yes, in addition to the monthly payment, the caregiver is awarded pension points. For each year - 1.8 points. They are included in the length of service when calculating pensions. Thus, there is no special procedure for how to arrange the care of an 80-year-old pensioner so that the length of service is applied - it goes in any case.

Payment will be denied if you work or are engaged in any activity that is included in the insurance period. You cannot claim payment if you are receiving unemployment compensation. The pensioner will also not be able to care for anyone and receive this subsidy, since he is already receiving a pension.

IMPORTANT! The rules for processing payments have an important condition: if you got a job or received a one-time remuneration, notify the Pension Fund employee about this within 5 days. In case of permanent income, the payment will be withdrawn from you, and if the income is one-time - only for the month in which it was received.

Caring for an elderly person over 80 years old in 2020-2021 - how to apply for and receive benefits (step-by-step instructions):

• negotiate with a pensioner, a citizen over 80 years of age;
• contact the Pension Fund;
• provide applications and a package of documents;
• Schoolchildren and students under 15 years of age will need to obtain consent from parents and the guardianship authority; from 15 to 18 years of age - only parents.

Package of documents for granting benefits (provided by the ward and the citizen caring for):

• passport;
• employment history.

In addition, consent to provide care is provided, depending on the situation: a certificate stating that unemployment benefits and a pension are not assigned to the caregiver, a certificate of completion of full-time training.

Is caring for an elderly person over 80 years of age included? Yes, it is included, but only through insurance.

Reviews about this benefit are different, much depends on the relationship with the ward, because the law does not explain the concept of “care” and what it includes. The benefit is terminated upon employment and improper performance of assumed duties.

The amount of benefits for caring for an elderly person over 80 years old is 1,200 rubles. The payment increases if the regional coefficient is applied. For example, in Kem, where the regional coefficient is 1.4, the benefit is 1,680 rubles, in Pudozh (coefficient is 1.3) - 1,560 rubles. If a citizen providing care finds a job, he is obliged to report this to the Pension Fund.

Let's look at the logic by which an additional payment to the pension is calculated upon reaching 80 years of age. It will help you figure out the amount of additional payment for the oldest pensioners in any calendar year.

The old-age insurance pension in Russia includes two main elements: a fixed payment (basic part) and the amount of pension points. The number of pension points is different for all pensioners, therefore the amount of the pension is different. But the fixed payment as a base is the same for everyone.

Thus, in fact, the amount of a pension when a person reaches 80 years of age can be increased by more than seven thousand rubles.

• This is 6,044 rubles. 48 kopecks surcharge, which is assigned automatically.
• And also 1,200 rubles or more - as compensation for caring for a pensioner, which can be issued upon application.

The following categories of population are not entitled to receive such compensation:

• employed citizens of any form of employment;
• individual entrepreneurs officially registered with the tax authorities, even if they are not currently running a business and do not receive income;
• pensioners (pension is income).

Hiding your income to get compensation is useless. Regulatory authorities will find out anyway. We will have to return to the state everything that was paid.

The first important point concerns the person to whom the money is credited. After the registration procedure, financial compensation for care is transferred to the pensioner’s card, and he undertakes to transfer it to a voluntary assistant.

At the same time, verbal agreements with the ward can be made in different ways. In some cases, pensioners add 1,200 rubles to the required minimum. another amount from your pension (if its size allows) as gratitude.

In others, the voluntary assistant takes only the amount set by the state. Thirdly, some part of it. The rest is left to the elderly person as financial assistance.

One more nuance: an assistant’s insurance pension experience is accrued only if, before caring for an elderly person, he had already worked somewhere and had at least six months of work experience.

Also, after paid supervision of a pensioner, he must go to work (at any time). Under these conditions, the required 1.8 pension points will be added to the total length of service.

To apply for paid care for an elderly person, you must go with him to the regional Pension Fund and write 2 applications. The first one is written by a pensioner. The second is his future assistant. If a pensioner cannot appear in person at the Pension Fund, the application procedure can be carried out remotely, through the State Services website.

In his application, the pensioner agrees to receive assistance, for which the assistant will be paid financial compensation from the state. The assistant writes a request for this compensation. Applications must be accompanied by a package of documents, which the PF employee will accept for signature.

10 working days are allocated to review the grounds for assigning payments and study supporting documents. In case of refusal, the Pension Fund must notify the applicants no later than 5 days from the date of such decision. The notice must indicate the reason for the refusal and the procedure for appealing it.

Sometimes the reason for refusal is missing documents. Applicants need to collect them, but no later than 3 months from the date of their first application to the Pension Fund. If the outcome of the case is positive, payments are assigned from the month the documents are submitted to the Pension Fund.

Important! In order not to go to the Pension Fund several times and not sit in queues, we advise you to make an appointment through the website of the State Services or the Pension Fund itself. There you can also see the forms and procedures for filling out the relevant applications.

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