How is patronage paid for a group 2 disabled person? What monthly payments should be paid to guardians of disabled people of the second group?
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11 February 2014, 11:14 for non-working able-bodied caregivers for a disabled person of group I(with the exception of group I disabled people since childhood), as well as for the elderly who, upon conclusion of a medical institution, need constant outside care or have reached the age of 80 years.
It is necessary that the pink disability certificate should say on the back that the mother needs constant outside care (help, supervision). However nThe expectation of constant outside care (assistance, supervision) corresponds to only 1 disability group according to the CLASSIFICATIONS AND CRITERIA USED IN THE IMPLEMENTATION OF MEDICAL AND SOCIAL EXAMINATION OF CITIZENS BY FEDERAL STATE INSTITUTIONS OF MEDICAL AND SOCIAL EXAMINATION, approved. By order of the Ministry of Health and social development Russian Federation dated December 23, 2009 N 1013n:
a) ability for self-care - a person’s ability to independently fulfill basic physiological needs, perform daily household activities, including personal hygiene skills:
3rd degree- inability to self-care, need for constant outside help and complete dependence on other persons;The criterion for establishing second disability group is a disorder of a person’s health with a persistent pronounced disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and necessitating the need for his social protection: ability to self-care second degree; mobility ability of the second degree; orientation abilities of the second degree; communication abilities of the second degree; ability to control one's behavior to the second degree; second degree learning abilities; ability for work activity of the second degree.
Consequently, since your mother does not have the 1st group of disability and does not need constant outside care (assistance, supervision), you do not have the right to apply for a compensation payment for caring for your mother. Unfortunately.
Consequently, in my answer given earlier, I correctly assumed that the village of Gorodishche belongs to the Penza region. All links provided are relevant to your situation.
The only obstacle to receiving this payment may be the presence, or rather, the absence of a medical certificate, according to which your mother needs constant care. The point is that being disabled and needing constant care are not the same thing. Incapacity is recognized by the court, and the need for constant care is recognized by a medical institution. If you do not have a medical certificate that your mother needs constant care, you should contact the medical institution at your place of residence to resolve the relevant issue. Any person (competent or incapacitated) who, due to illness or other disabilities, is unable to independently care for himself or herself may need constant care.
Without a conclusion from a medical institution that your mother needs constant care, you will not have the right to receive the benefits we were talking about. If available, you are entitled to the specified benefit.
Sincerely.
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Guardianship of incompetent and disabled people is a very important and socially useful activity. But, unfortunately, she is often not chosen, since close relatives become wards. Of course, material gain is not at the forefront when a person decides to become a guardian.
But still, let's find out what monetary compensation receives a guardian to care for an incapacitated disabled person of the first group.
Which persons are eligible to receive money for guardianship?
Let's immediately figure out who has the right to receive guardianship payments. It would seem that everything is simple, if a person is looking after a disabled person of the first group, then it goes without saying that he should receive some compensation from the state for guardianship. But in practice, a number of additional conditions must be met:
- the guardian must be of working age;
- he must not work anywhere;
- a disabled person must have a corresponding certificate from the VKK commission about assigning him the first group.
The first point implies that the guardian must be able to perform all the duties of looking after the disabled person. Of course, children and pensioners often need supervision themselves, so they cannot fulfill these duties.
Thus, a guardian receiving a pension from the state for caring for a disabled person of the first group can only be a man aged 16 to 60 years or a woman aged 16 to 55 years.
The second point implies that the pension for the guardian should be partial compensation for lost income due to the fact that, due to the need for constant supervision of the disabled person, he cannot engage in other income-generating activities. That is, people who have a job are not accrued this type of pension.
The third point is a self-evident condition. We need evidence that care is provided specifically for a disabled person of the first group, and not just a sick person. And such an examination can only be given by a medical advisory commission (MCC).
But at the same time, it should be noted that in order to receive a guardianship pension, it is not necessary to formalize guardianship.
It is enough to fulfill the above conditions. In addition, it should be said that in the context of the issue under consideration, a person who has reached eighty years of age is automatically equated to a disabled person of the first group, and therefore the person supervising him under the above conditions also has the right to a pension.
What is the payment amount?
According to Russian legislation, a person caring for a disabled person of the first group has the right to receive a pension in the amount of 1,200 rubles per month.
But you need to take into account that for some regions, located, for example, in the Far North, a certain increasing coefficient is provided, as well as for most other social payments.
In addition, it should be separately noted that for caring for disabled children of the first group upon reaching adulthood, an increased pension is provided in the amount of 5,500 rubles per month. But in this case one more additional condition is added.
It lies in the fact that the persons supervising a disabled person must either be his parents, or guardianship must be officially formalized. Otherwise, the amount of payments will also be equal to 1200 rubles.
The size of the guardianship pension: enough or little?
Of course, the 1,200 rubles a month that the state offers to people caring for disabled people is an extremely small amount of money. Especially when you consider that this payment is meant to be the only income for the person providing care.
After all, it is assigned only if the person does not officially work anywhere and is not an old-age pensioner. So think about how in modern realities you can live on 1200 rubles a month?
This fact forces the majority of people who actually care for disabled people to give up their pension and continue to work at a permanent place of employment. Others are forced to look for unofficial sources of income, often of a home-based nature.
Of course, I would like the state to fully fulfill its social functions and provided a decent standard of living for those citizens who are forced to care for disabled persons.
Let's hope that in the future, as part of the policy to increase the level of social security of the population, steps will be taken to increase the amount of pension provided for the care of incapacitated citizens.
Some steps in this direction are already being taken. So, as mentioned above, since 2013, for persons who are parents or official guardians of children with disabilities, payments have been increased to 5,500 rubles per month. But, unfortunately, the basic care pension has remained unchanged since 2007 and amounts to 1,200 rubles.
Citizens with disabilities are considered to be persons who, due to physical and mental disabilities, do not have the opportunity to independently care for themselves and lead a full life. It is for such citizens that the help of other people is required, who will provide assistance in everyday life and in other ways. In this case, many are interested in how much they pay for guardianship of a group 1 disabled person.
The law establishes that guardians have rights to certain benefits. In addition, caregivers have clear rights and responsibilities. If this provision is violated, the agreement on granting guardian status will be terminated.
As already noted, guardianship of a disabled person is strictly regulated by current legislation. In this regard, the citizen must fulfill his duties towards the person under his guardianship. The main responsibilities include the following:
- ensuring normal living conditions for a citizen with a disability;
- purchasing food for the person under care and preparing food;
- provision of medical care, including trips to sanatoriums and other medical institutions for mandatory examinations;
- maintain order and cleanliness in the home according to certain sanitary standards;
- represent the ward in various government institutions and to third parties.
In addition to duties, a guardian also has a number of rights:
- living in the living space of a disabled person who is being cared for;
- receive from the state budget cash for the care provided;
- free travel to the place of health-improving activities for a disabled person and when accompanied by the person under guardianship to the place of examination;
- the right to claim the property of a disabled person (movable and immovable) after his death, but with the consent of the ward.
Who can be the guardian of a group 1 disabled person?
According to the law, relatives of a citizen or strangers can act as guardians. This factor is decisive in determining the amount of benefits that the guardian will receive for his services.
Citizens caring for a citizen cannot conduct transactions on behalf of a disabled person that could limit the person under guardianship in his rights, for example, selling his property or renting it out. If there is a need for this, then you should first coordinate the adoption of such a decision with the guardianship authorities and the disabled person of group 1 himself.
The amount of the required benefit does not depend on what rights and obligations the guardian has, and responsibility for failure to comply with the current requirements for relatives and strangers occurs equally.
The procedure for registering guardianship for citizens with disabilities
It is possible to register guardianship for a citizen with a disability of the first group through a standard procedure. Before starting, a person must understand what group 1 disability means. This category of citizens is completely disabled and, for the most part, incapable of self-care. This places a very heavy burden on the caregiver.
Disabled people receive full support from the state in the form of a pension benefit, as well as special benefits for housing and communal services and when receiving free vouchers for health improvement in sanatorium-resort institutions. Having found out what is at stake, you can begin to resolve the issue related to the registration of guardianship.
The algorithm of actions is quite simple, and you need to start with the preparation of mandatory documentation:
- application of the established form;
- copy of passport;
- certificate of no criminal record;
- birth certificate or other documents confirming the relationship between the disabled person and the future guardian;
- copies of documents of a citizen with a disability and his written consent (notarized) to establish guardianship;
- a certificate from the guardian’s place of employment or that the citizen is retired;
- an extract from the guardian’s place of residence, indicating who he lives with and where.
Submission of documentation is carried out after preparing a complete package of documentation, and then the application is reviewed within two weeks. The decision to grant guardianship rights is made collectively. During the consideration of the application, the board may request additional documents and only after they are provided will make additional decisions.
What payments are due to guardians?
An important issue that interests many guardians is the issue of payment for services. To give the correct answer to this question, it should be taken into account that all guardians can be divided into two groups, on the basis of which the amount of funds is determined.
The first group includes parents and their close relatives. For such citizens, payments will be 5,500 in the case when caring for relatives who are disabled in group 1 since childhood or adolescence, and they also have no work experience.
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"The right to a monthly compensation payment in accordance with the specified normative legal acts has the right to non-working able-bodied persons caring for disabled citizens.
Based on the legal meaning of the Presidential Decree Russian Federation dated December 26, 2006 No. 1455 and Decree of the Government of the Russian Federation dated June 4, 2007 No. 343, compensation payments are established for non-working able-bodied persons in order to partially compensate them for their earnings during the specified period, since during the period of such care able-bodied citizens are unable to work, are left without a source of livelihood."
The amount of compensation payment is 1200 rubles.
To receive payment, you need to contact the pension fund at your place of residence.
To receive payment you must provide (Site: http://www.pfrf.ru/kompens/)
In addition, please note that if you return to work, you will need to notify us within 5 days of this. Pension fund and refuse any compensation received.a) a statement from the caregiver indicating the start date of care and his place of residence;
b) a statement from a disabled citizen regarding his consent to be cared for by a specific person. If necessary, the authenticity of the signature of a disabled citizen on the specified application can be confirmed by an inspection report from the body paying the pension. If care is provided for a disabled child or a person duly recognized as incompetent, such an application is submitted on behalf of his legal representative. A disabled child who has reached the age of 14 has the right to submit an application on his own behalf. Such a statement is not required from parents caring for a disabled child;
c) a certificate from the body paying the pension at the place of residence or place of stay of the person providing care, stating that a pension was not assigned to this person;
d) a certificate (information) from the employment service authority at the place of residence of the caregiver about his non-receipt of unemployment benefits;
e) an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal state institution of medical and social examination to the body paying the pension;
f) a medical report recognizing a child under 18 years of age as disabled;
g) conclusion of a medical institution on the need of an elderly citizen for constant outside care;
h) an identity document and the work book of the person providing care, as well as the work book of a disabled citizen;
i) permission (consent) of one of the parents (guardian) and the guardianship authority to provide care for a disabled citizen student who has reached the age of 14 years in his free time from school;
j) certificate educational institution, confirming the fact of full-time education of the caregiver;
k) certificate (information) about the non-assignment of compensation payment for caring for a disabled citizen who is a recipient of a pension in accordance with the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control trafficking in narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families” and old-age labor pension issued by the body paying the corresponding pension
Sincerely.
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Petin Dmitry
Lawyer, Engels
