Disabled child status

It happens that at birth or before the age of 18, a child develops a disease that leads to permanent impairment of health and is the basis for establishing disability.

The category of disabled child is separately identified in the federal law “On Social Protection of Persons with Disabilities” and is assigned to minors.

Only the bureau of medical and social examination can determine the disability group, and a referral to obtain the status is issued by a pediatrician at the clinic at the place of residence.

Depending on the severity of the disease, a child may be assigned disability for 1, 2, 5 years or immediately until he reaches the age of 18. Status is confirmed by a special certificate in the established form.

How to obtain guardianship over a group 2 disabled person in Russia

The procedure for registering guardianship over a sick person of group 2 does not differ significantly from the registration of guardianship for group 1.

You should also start collecting all the necessary documentation. The procedure is much faster and simplified if patronage is provided by a relative of a disabled person.

Payments to the caregiver of a group 2 disabled person are not due. Instead of remuneration, the guardianship authorities may allow the ward's property to be used free of charge in their own interests.

In accordance with Art. 15 of the Federal Law “On Guardianship”, the board of trustees has the right to authorize the payment of remuneration to the assistant from the funds of the ward, which were received from income from the rental of property, as well as from funds of third parties, the federal or regional budget of the Russian Federation.

Benefits for guardians of a disabled person of group 2:

• providing a 50% discount when paying for housing and communal services;
• social services free of charge;
• benefits when receiving education;
• discounted travel on public transport.

A disabled person of group 2 is entitled to cash payments in the amount of:

• 3 thousand 600 rubles – disability pension;
• 2 thousand rubles – monthly payment;
• 839 rubles – social package.

He must report all expenses by filling out a special form. Failure to comply with this annual obligation may result in loss of guardianship rights.

Disabled children are entitled to the following social pension:

• 10 thousand rubles. – disabled child of group 1;
• 8.6 thousand rubles. – Group 1 and disabled people of Group 2 from childhood;
• 4.3 thousand rubles. – disabled people of group 2;
• 3.6 thousand rubles. – disabled people of group 3.

Payments to the guardian of a disabled child:

• 5 thousand 500 rubles – for a child’s disability since childhood, regardless of age;
• 5 thousand 500 rubles – for child care until he reaches adulthood.

Allotted funds are paid to able-bodied but non-working guardians.

Benefits for guardians of disabled children are assigned, as are guardians of group 1 disabled people, and they are also entitled to be provided with land and housing.

An unemployed guardian is entitled to 60% of the minimum benefit.

Early pension for guardians

In accordance with the Federal Law “On Labor Pensions in the Russian Federation” No. 173, early labor pension is assigned to persons below retirement age:

1. To the parent of a disabled person since childhood, who raised him from birth to 8 years of age. Women can retire early at age 50 if they have at least 15 years of insurance coverage. A male guardian can count on a pension at age 55, subject to 20 years of service.
2. Guardians of disabled people since childhood. They are entitled to an early old-age pension at the rate of reducing the normal retirement age by 1 year for every 1.5 years of guardianship, but not more than 5 years in total, subject to an insurance period of 15 years for women and 20 years for men.

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To do this, you need a document confirming that the child was disabled. Such an extract is issued by a federal government organization that conducts medical and social examinations.

For the early assignment of a labor pension, it is necessary that the trustee raise and support the disabled child until he reaches 8 years of age.

If the parent of a disabled child has been deprived of parental rights, then he loses the right to early provision of a pension.

When assigning a pension, it does not matter whether the child had a disability before or after the age of 8, but it is important that guardianship be established before this point

When is guardianship granted?

This form of child care is provided in two cases:

• The child’s parents are absent, for example, they died or were officially abandoned at birth.
• Mom and dad are there, but they don’t want to fulfill their parental obligations and are deprived of their rights.

The law allows for guardianship of a child if his mother and father are under the age of 16, suffer from mental illness or are in prison.

If you have any questions, you can contact us for free at the following phone numbers:

• Moscow ext. 143
• St. Petersburg ext. 702
• RF ext. 684

If you have any questions, you can consult for free by chatting with a lawyer at the bottom of the screen or by calling the following phone numbers:

• Moscow ext. 143
• St. Petersburg ext. 702
• RF ext. 684

Attention: it is necessary to distinguish between the concepts of guardianship and adoption. Adoptive parents acquire rights and responsibilities similar to those of their natural parents, the fact of adoption is kept secret, and the issue is resolved only in court.

How is guardianship different from adoption?

Requirements for guardians

In the absence of mother and father, the child often ends up in a state institution. Close relatives are faced with the question of the possibility of taking him from the orphanage into care.

It is the closest relatives who have priority rights to obtain guardianship over a disabled child. These include: grandparents, aunts and uncles, adult brothers and sisters.

How to take custody of a child from an orphanage?

Understanding that a potential guardian assumes responsibility for the life of another person, especially a child suffering from a serious illness, the legislator establishes the following requirements for such persons:

• No previous convictions for serious crimes against a person or public order.
• Absence of mental illness and addictions (alcohol, drugs).
• Age from 18 to 60 years.
• Availability of housing, a place for education, upbringing and development of the child.
• No history of deprivation of parental or guardianship rights.
• Having a permanent source of income.

The guardianship authorities will definitely require a reference from the place of work in order to verify the positive moral qualities of the potential guardian.

If the child has reached the age of ten, then his opinion will also be taken into account when deciding on the establishment of guardianship.

How to obtain guardianship?

To begin with, it is important to make sure that all household members will not be against the addition of a new tenant in their family who has serious health problems. You should also clarify whether the candidate meets all the requirements for a guardian

The potential guardian needs:

• undergo a medical examination;
• collect a complete package of documents;
• submit an application to the guardianship authority, attaching all the necessary papers;
• get an answer.

It is unlikely that it will be possible to quickly collect all the certificates - this will take about a month.

Requirements for guardians

If there are several candidates, relatives or close people have a preferential right, but only if the candidacy of the applicant for guardianship meets the requirements set out in Art. 35 Civil Code of the Russian Federation:

• age at least 18 years;
• full legal capacity;
• no criminal record.

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In Art. 146 of the RF IC clearly states who does not have the right to claim the title of guardian - these are those citizens who:

• was deprived of parental rights in relation to his own children;
• has an outstanding conviction or has been convicted of serious crimes and crimes against the person;
• suffers from addiction - alcohol, drugs;
• has a non-traditional orientation and lives in union with a person of the same sex;
• did not pass the special preparation;
• has a disease that makes living with a child unacceptable.

The list of such diseases is given in the RF Government Regulation No. 117 dated February 14, 2013, among them are severe infections, mental disorders, oncology, etc. It is unacceptable to entrust the care of a seriously ill child to someone who is himself disabled 1 degree.

The candidate’s personality will be assessed comprehensively - how a person behaves at home and at work, what his moral qualities are, etc. The provision of living space is also important: a disabled minor will need a separate room.

Application and required documents

The following documents must be provided:

• statement;
• passport of the potential guardian;
• autobiography;
• certificate from place of residence;
• title papers for housing;
• a certificate from your place of employment detailing your salary for the last 12 months;
• honey. health report;
• document confirming that the child has a disability;
• act of inspection of housing conditions;
• marriage certificate;
• spouse's consent;
• certificates of good conduct, as well as from a drug dispensary.

As a rule, a candidate for guardianship is required to undergo a special test. preparation, which may also require papers. This is a basic list of required documents, but depending on the specific situation, it may differ. All adult family members must give written consent to the presence of a disabled child in the home.

Medical examination

All aspects of this topic are regulated by Order of the Ministry of Health of the Russian Federation dated June 18, 2014 No. 290n.
You can undergo a medical examination at any medical institution that has a license for this type of service - both in a public and private clinic or medical center. center.

You need to come to the registry office with your passport and get a card, then pay a visit to the therapist, who will issue referrals for tests, fluorography and visits to specialists. The examination results are recorded in a special certificate form, which will be valid for 6 months.

Housing survey

After submitting a package of papers to the guardianship authority, within a few days, representatives of the OPP must inspect the housing where the child with a disability will live. A room in the housing must be equipped for the person under care, where the required sanitary conditions and standards are met, and a report will be drawn up about this.

Rights and responsibilities of a guardian

Caring for and maintaining a sick child imposes a large amount of responsibilities on a person.

Among them:

• Material provision for the needs of the ward for food, accommodation, care products, clothing and shoes, items for development and learning (toys, books, textbooks, etc.).
• Full medical support for a sick baby, including the purchase of medications and other medical products.
• Representing the interests of the child in relations with third parties.
• Disposal of funds and property of your ward. But only with the approval of the guardianship authorities!

State services have the right to conduct inspections of the child’s living conditions, the fact that the trustee is fulfilling his duties, and to request a report on the expenditures of the guardianship benefits received. The control in this part is quite strict. If violations are detected, the citizen may be deprived of the status of guardian.

As for rights, they consist in the ability to choose educational and medical organizations where a disabled child will be served, and to carry out simple civil transactions on his behalf.

At the place of work, the guardian may require: an additional two-week vacation and exemption from work on weekends and holidays.

Payments, benefits and benefits

As a disabled person, the ward is entitled to a pension and benefits.

Child's pension

Children with social disabilities
the pension is paid through the Pension Fund, where papers should be submitted as soon as the status of “disabled child” is assigned. The pension will begin to arrive on the 1st of the next month. Every year from April 1, the size of social. pensions are indexed.

All children with disabilities until they reach adulthood receive approximately the same amount of pension; the difference is that in the regions the amount of payments is different, because directly depends on the minimum wage established in a given subject of the Russian Federation. The average amount of a child's disability pension after April 1, 2019 is 12,577 rubles.

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The guardian uses the disabled person's pension at his own discretion, but solely in the interests of the child. You should keep a book of expenses and save receipts for large purchases: this will be useful when checking and for drawing up an annual report on the expenses of the ward's pension - it is submitted as of February 1 of each year.

Monthly compensation

Guardianship, by default, is a gratuitous act, but if there is a disability, it is possible to provide paid services to the guardian.

Relatives, as a rule, take care of a disabled minor who is not a stranger to them without any compensation.

For several years now, the amount of monthly compensation to a guardian has been 5,500 rubles, but from mid-2021. The Russian government plans to increase the amount of payments to 10,000 rubles. To assign compensation, you must contact the POO with a corresponding application.

Compensation for expensive treatment

As Art. 219 of the Tax Code of the Russian Federation, the costs of expensive treatment will be compensated to the guardian as a tax deduction in full, but provided that the medical the institution is licensed, and the fact of treatment and costs is documented.

Benefits from biological parents

If the biological parents of a disabled minor are deprived of parental rights, then both the father and mother are required to pay alimony, the recipient of which will be the guardian. A guardian who takes on the care and upbringing of a child with special needs is entitled to the same benefits as his own mother and father - for example, labor benefits.

Benefits for guardians

If the guardian is unable to work due to the serious condition of the ward, then the period of care is counted towards the total length of service.

A working guardian has the right to receive 4 additional days off.

In the case of a disabled child of infancy, the guardian is entitled to maternity leave, as well as care leave until he reaches the age of 1.5 years. Tax benefits are also provided - for example, when the ward receives a higher education, etc.

Federal and regional payments

Federal payments include monthly compensation for non-working able-bodied caregivers, as well as a one-time benefit.

There are monthly reductions for utility bills.

Once a year, part of the expenses for the purchase of household items and furniture is reimbursed. Being a guardian of a child with a disability is a great responsibility and serious burden, in comparison with which all benefits and payments are scanty, however, the state is looking for opportunities to increase the amount of assistance to such people. Registration of guardianship is a simple procedure if all documents are collected and the identity of the candidate is not in doubt.

Registration procedure

The Law “On Guardianship and Trusteeship” clearly stipulates the procedure for establishing guardianship over a disabled child.

The state structure that makes the decision to appoint guardianship over a disabled minor is the guardianship and trusteeship authorities.

The list of papers that you should take with you is extensive and consists of:

• Documents confirming the availability of your own home;
• Certificates of earnings for the year preceding the application.
• Certificates of no criminal record, registration status in drug treatment and psychiatric dispensaries.
• Characteristics from the place of service.
• Certificates from health authorities confirming the absence of chronic serious diseases (oncology, tuberculosis, etc.)

If the guardian lives with other persons, their written consent will be required to accept the child into the family. Guardianship authorities have the right to request filling out an autobiography.

It is always welcome to take special courses - schools of adoptive parents, which are organized in every city and provide basic communication skills with adopted children and children under guardianship.