Who is a disabled citizen of the Russian Federation according to the law? Obtaining a temporary residence permit for a parent

Let us remind you that from July 1, 2008, the Decree of the President of Russia No. 774 established a new size compensation payment able-bodied non-working citizens who care for certain categories of pensioners - 1,200 rubles.

The document provides for another very important innovation: if an able-bodied non-working citizen takes care of several pensioners, the compensation payment will be set to the pension of each disabled person.

Currently, residents of the region have many questions about how and to whom the increased amount of compensation will be paid. The comments below help clarify many of them.

Where should I apply to establish compensation payments?

Detailed information on the establishment of compensation payments can be obtained from the Office Pension Fund at the place of residence.

The right to compensation arises only when care is provided for:

· disabled person of group I;

elderly people in need of constant care while incarcerated medical institution;

· a person who has reached 80 years of age;

· a disabled child under 18 years of age.

The child is 23 years old. He has been disabled group 3 since childhood. Can a non-working mother receive compensation for caring for him?

No, since a pensioner does not belong to any of the categories listed above.

Care is provided for a disabled person of group 2 with 3 degrees of disability labor activity. The pensioner is 35 years old. Is it possible for a caregiver to receive compensation if a pensioner receives a conclusion from a treatment institution?

The issue will be resolved negatively, since a disabled person at the age of 35 cannot be considered as an elderly citizen. This category includes men over 60 years of age and women over 55 years of age.

Do family relationships matter in determining eligibility for compensation? Can a neighbor caring for a group 1 disabled person receive compensation?

Family relations and the fact of cohabitation do not matter when establishing compensation.

Who is the compensation payment determined and paid to: the pensioner or the caregiver?

The compensation payment is established for the person providing care, but this payment is added to the pension of the disabled citizen.

Where should I apply to establish compensation payments?

To establish compensation payments, you should contact the Office of the Pension Fund that pays the pension. You can find out more information about the Department’s operating hours, as well as other information of interest, by calling the department’s “hotline”: 24-93-77.

What documents must be submitted to assign a compensation payment?

To establish a compensation payment, you must provide:

· statement from the caregiver, indicating the start date of care;

· work book and the caregiver’s passport;

· a certificate confirming that he has not received a pension;

· a certificate from the employment service at the place of residence of the caregiver confirming that he has not received unemployment benefits;

· work book and passport of a disabled citizen;

· medical certificate recognizing a child under 18 years of age as disabled;

· a certificate confirming the fact that a disabled citizen has been diagnosed with disability or an extract from the certificate of his examination in the federal government agency medical and social examination;

· conclusion of a medical institution on the need of an elderly citizen for constant outside care;

· application of a disabled citizen confirming consent to provide care for him.

In the event that a disabled citizen is completely or partially incapacitated, the application is submitted on behalf of him legal representatives. Such a statement is not required for parents caring for a disabled child under the age of 18.

If not all documents are attached to the application Required documents, the body paying the pension provides the person with an explanation of the documents that must be submitted additionally. If such documents are presented no later than 3 months from the date of receipt of the relevant clarification, then The month of applying for compensation is considered to be the month the application was received.

On what grounds is payment of compensation terminated? And from when?

Payment of compensation stops on the 1st day of the month following the month in which the the following circumstances:

· performance of any paid work by the caregiver or pensioner;

· assigning the caregiver a pension (regardless of its type and size) or unemployment benefits;

placement of a disabled citizen in a state or municipal inpatient facility social services;

· deprivation of parental rights to a parent caring for a disabled child;

· death of a disabled citizen or caregiver;

· cessation of care.

The caregiver must notify the body paying the pension to the disabled citizen within 5 days of the occurrence of the above circumstances.

Was it broadcast on TV that they would increase the amount of compensation for care? Do I need to provide additional documents to re-register it?

Indeed, on May 13, 2008, the President Russian Federation Decree No. 774 “On additional measures social support persons caring for disabled citizens,” according to which, from July 1, 2008, the amount of compensation payment increases from 500 to 1,200 rubles. If your compensation payment has already been established, its amount will be revised without the pensioner’s application.

Is it true that the period of caring for a disabled person will be included in the length of service?

Yes, the period of caring for a disabled child, a disabled person of group 1, or a person who has reached the age of 80 is included in the insurance period, which serves as the basis for determining the right to a labor pension. Presidential Decree No. 774 contains an instruction to the Government of the Russian Federation to develop a draft law regarding the reimbursement of insurance premiums for the period of withdrawal from the federal budget.

Currently, I am not working, I am caring for my mother, a disabled person of group I, for which I receive compensation. But my grandmother, she is 83 years old, also needs constant care. Can I apply for a second compensation for her?

In accordance with Decree No. 774, compensation payment is established to one able-bodied person caring for several disabled citizens, separately for each. You can apply for compensation for caring for an elderly grandmother.

Can a compensation payment be awarded if the caregiver is a combat veteran and is the recipient of EDV?

The category of combat veterans may include persons specified in Art. 3 Federal Law dated January 12, 1995 No. 5-FZ “On Veterans” who do not have pensioner status. Considering the fact that regulatory legal acts do not limit the right to simultaneous receiving EDV and a monthly compensation payment, then a compensation payment may be established for a non-working able-bodied combat veteran - the recipient of the EDV who has submitted all the necessary documents.

I am a pensioner, I do not work and I take care of my husband - a pensioner, a disabled person of group 2, who has a certificate of the need for constant outside care. Am I entitled to compensation of 500 rubles?

Since you are a pension recipient, it is unfortunately impossible to process a compensation payment. Since, in accordance with paragraphs. “c” clause 6 of the Rules approved by Decree of the Government of the Russian Federation dated June 4, 2007 No. 343, when assigning a compensation payment, the caregiver, along with other documents, is obliged to submit a certificate from the body paying the pension at his place of residence or place of stay about that a pension was not assigned to this person.

My father is 81 years old. He receives a dependent allowance for his wife. I am currently not working. Can I arrange for care for a father who is dependent on his wife?

Decree of the President of the Russian Federation dated December 26, 2006 No. 1455 and Decree of the Government of the Russian Federation dated June 4, 2007 No. 343 do not contain conditions according to which persons receiving an increased basic part taking into account a dependent cannot exercise the right to establish a compensation payment. Thus, if all relevant conditions are met, you can arrange for care for your father.

PENSION FUND OF THE RUSSIAN FEDERATION

RESPONSIBILITY IS THE KEY TO STABILITY!

The following are considered disabled: minors under 18 years of age; men who have reached 60 years of age and women who have reached 55 years of age or who are duly recognized as disabled (disability group in in this case doesn't matter).

Disabled dependents of a deceased employee have the right to compensation for damages in the event of the death of the breadwinner. This right does not depend on whether the disabled dependents are in any degree related to the deceased breadwinner.

Thus, the following are entitled to compensation:

distant relatives of the deceased;

persons not related to the deceased by blood;

persons who are not in a family or property relationship with the deceased (childhood friend, nanny).

spouse, his parents and children of actual (unregistered) marriage. It does not matter whether the disabled de facto spouse of the deceased was in a registered marriage with another person or not.

The right of disabled dependents to compensation is not extinguished by the presence of closer relatives who are legally obligated to support them.

An important rule is that when compensating for harm in connection with the death of an employee, the time of the onset of incapacity for work of a family member (before or after the death of the breadwinner) does not affect his right to compensation for harm. This means those members of the family of the deceased who, on the day of his death, were dependent on him or had the right to receive maintenance from him on the day of death, as well as one of the parents, spouse or other family member, if by the day of the death of the victim they were not worked and reached old age or became disabled during the period of such care.

If a family member becomes disabled after the death of the breadwinner, payments previously assigned to other persons are recalculated. Such recalculation is carried out in accordance with Part 2 of Article 28, Articles 46, 48 of the Rules.

For disabled citizens who were dependent on a deceased breadwinner and had the right to compensation for damage in connection with his death, damage is determined in the amount of the average monthly earnings of the deceased, minus the share attributable to himself and able-bodied citizens who were dependent on him, but did not have the right to compensation for harm.

Unlike the Rules, the Civil Code of the Russian Federation links the dependent’s right to receive compensation with the period of onset of disability. This right is granted to persons who were dependent on the deceased and who became disabled within five years after his death (Article 1088 of the Civil Code). It should be kept in mind here that Civil Code regulates obligations for compensation for harm caused by damage to health or death, in cases both related and not related to the performance of the victim’s work duties. The Civil Code, for example, does not know this type of additional compensation for harm as a one-time benefit. In this regard, the Plenum Supreme Court The Russian Federation explained that the victim, and in the event of the death of the breadwinner, his family is paid a lump sum benefit in the amount established by the Rules only in the event of harm caused by the employer during the performance of the victim’s work duties.

If the harm is caused during the performance of work duties, the time for the onset of incapacity for work of a family member who is a dependent of the deceased is not limited. In other cases, the five-year limitation period provided for in Art. 1088 Code.

For disabled persons who were not dependent on the deceased, but who at the time of his death had the right to receive maintenance from him, the amount of compensation for damage is determined in the following order: if the funds for their maintenance were recovered in judicial procedure, the amount of compensation for damage is recovered in the amount prescribed by the court; if maintenance funds were not collected in court, the amount of compensation is established by the employer or the court in a fixed amount, taking into account the financial situation of disabled citizens and the ability of the deceased to provide assistance to them during his lifetime.

If disabled persons, both those who were and were not dependent on the deceased, have the right to compensation for damage, the amount of compensation for the deceased, the amount of compensation for damage for disabled people who were not dependent on the deceased, but who had the right to receive maintenance from him on the day of his death, is determined in the previously stated manner and is excluded from the breadwinner’s earnings.

Compensation for damage to disabled dependents is calculated from the remainder of the breadwinner's earnings.

In connection with the introduction of the Family Code of the Russian Federation, when determining the circle disabled persons who have the right to compensation for harm, but did not receive support from the victim on the day of his death, should henceforth be guided by Art. 80, 81, 87, 89, 90, 90 - 98 of the Family Code of the Russian Federation.

In resolving the issue of the right to compensation for a disabled person who was not a dependent of a deceased person, the legislation is based on the existence of marital or certain family relationships between citizens.

The rules of Russia provide that in the event of the death of an employee as a result of a work injury, the right to compensation for harm (if there are appropriate grounds specified in Article 3 of the Rules) is available to disabled citizens who were not dependents, but who had the right to receive from him on the day of his death maintenance, a child of the deceased born after his death, as well as one of the parents or another family member, if he does not work and is busy caring for children, brothers, sisters or grandchildren of the deceased under 14 years of age.

According to the Union Rules, the age of the child before which family members caring for them had the right to compensation for harm was lower - 8 years. The rules of Ukraine and Kazakhstan retained the previously existing union norm. According to these Rules, compensation is paid to a parent, spouse or other family member who is not working and is caring for the children, brothers, sisters, and grandchildren of the deceased breadwinner until the child reaches 8 years of age.

According to the Rules of Kyrgyzstan, as in Russia, persons caring for a child until he reaches the age of 14 have the right to compensation.

Rules in Russia, Ukraine and Kazakhstan provide for the first time that students aged 18 years or older have the right to compensation for harm before completing full-time education educational institutions, but not more than 23 years of age.

Before the introduction of the new Rules, the disability of a family member had to occur on the day of the death of the breadwinner. There is no such provision in the Rules of Ukraine and Kazakhstan. According to the Rules of Russia and Kyrgyzstan, the time of the onset of disability of a family member (before or after the death of the breadwinner) does not affect his right to compensation for harm.

During the period of inflationary processes occurring in the country and an increase in the cost of living, the importance of proper resolution of disputes regarding compensation for harm caused by damage to health or death of the breadwinner increases.

By decision of the people's court, in connection with the death of O., a sum was recovered from the convoy for damages caused by the death of the breadwinner in favor of O. for the maintenance of her daughter. Due to the increase in the minimum wage in 1993-1994. The island filed a petition with the court to increase the funds collected for the maintenance of its daughter on the basis of Part 2 of Article 11 of the Rules.

Let us consider the issue regarding obtaining a temporary residence permit by citizens who have a disabled parent who is a member of the Russian citizenship. Our clients quite often ask us the question: what are disabled parents, who can be considered disabled and how can this disability be confirmed?

The lawyers of our bureau have prepared comprehensive information on this issue.

Obtaining a temporary residence permit for citizens who have a disabled parent

As is known, Part 2 of Article 6 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” provides that citizens who have a disabled parent who is a Russian citizen have the right to apply for a temporary residence permit without taking into account the quota. Such a parent, of course, must permanently reside in Russia. However, in practice, disputes arise as to in what cases a parent can be considered disabled.

Who is eligible to receive a temporary residence permit?

Thus, due to the absence in the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” this definition, many lawyers and migration service employees refer to the provisions of Article 2 of the Federal Law “On State Pensions”, according to which either disabled people or citizens who have reached the age of 60 or 65 years (women and men, respectively) are recognized as disabled dependents.

However, we allow ourselves to disagree with this statement.

Considering that the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” does not really contain a definition of the term “disabled parent”, it is completely justified to use the definition this term given in other norms regulating similar relations (analogy of law). However, the fact is that the definition of a “disabled family member” is given in at least two federal laws, and they are very contradictory.

Thus, the Federal Law “On State Pension Security” (adopted State Duma 12/15/2001) when defining disabled family members, it speaks of the condition of reaching 60 and 65 years of age, and the Federal Law “On Labor Pensions” (adopted by the State Duma on 12/17/2001) in Article 9 classifies men 60 years of age as disabled citizens and women over 55 years of age. A conflict arises, that is, a contradiction between normative provisions that have the same legal force. In this case controversial issue should be resolved as follows. In the theory of law, there is a principle of priority of the law adopted later, which makes it possible to resolve the conflict of provisions of the law between which contradictions have arisen. When using this principle It is the date of adoption of the law that has legal significance, and not the date of its entry into force or signing by the President or publication. So, in accordance with Article 2 of the Federal Law “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of chambers Federal Assembly» the date of adoption of the law is the day of its adoption by the State Duma of the Russian Federation.

Based on this, one should be guided by the definition given in Article 9 of the Federal Law “On Labor Pensions in the Russian Federation” (since this law was adopted on December 17, 2001). Thus, the right to obtain a temporary residence permit outside the quota established by the Government of the Russian Federation are citizens who have a parent living in the Russian Federation who is a Russian citizen and has reached the age of 55 and 60 years (for women and men, respectively). Also, Article 9 of the said law includes citizens with disabilities as disabled family members, regardless of their age.

To obtain a temporary residence permit, a disabled citizen must additionally provide: birth certificate confirming relationship, as well as documents confirming the parent’s disability. Such documents may be a disability certificate, pension certificate, etc.

Refusal to accept (issue) a temporary residence permit may be appealed in court.