Payments to guardians: incapacitated adults, disabled people, children

  • If a person does not have the ability to move independently, and therefore, to care for himself, then he needs an assistant who can provide proper care.
  • However, while providing such a person with all the care he needs, the trustee is simply not able to work fully, which means he loses the opportunity to earn a living.
  • To support such citizens, the state has provided a whole range of various benefits for guardians of disabled people.
Content
  1. Grounds for receiving benefits
  2. Who is eligible to become a trustee?
  3. Types of government support
  4. Tax deductions
  5. Benefits for guardians of incapacitated disabled people
  6. Payments for guardians of citizens with disability group 2
  7. Payments to guardians of citizens with 1st disability group
  8. Getting additional privileges
  9. Benefits in the field of labor legislation
  10. Tax benefits
  11. Benefits in the housing and communal services sector
  12. Benefits in the field of education
  13. Regional support measures
  14. Decor
  15. Documentation
  16. Conclusion
  17. Payments for guardianship of a disabled person 2020 - over an incapacitated person, 1 group, 2 groups, how much they pay, over a disabled child
  18. What it is?
  19. Who is eligible for benefits?
  20. The legislative framework
  21. Registration of guardianship
  22. Terms and requirements
  23. Required documents
  24. Payments for guardianship of a disabled person
  25. 1 group
  26. 2 groups
  27. As a child
  28. Report on funds used
  29. Video about guardianship of incapacitated persons
  30. Guardianship of an incapacitated disabled person: what benefits are available to guardians?
  31. Benefits for guardians of disabled people in 2020. Legal grounds
  32. Who can become a trustee
  33. What types of state support are required?
  34. Benefits for guardians of disabled children
  35. Additional privileges
  36. Tax deductions for caregivers of disabled children
  37. Incapacitated disabled people: discounts for caregivers
  38. Regional programs
  39. Benefits for guardians of incapacitated disabled people of groups 1 and 2: list and procedure for obtaining
  40. Legal grounds
  41. Who can become a trustee
  42. What types of state support are required?
  43. Benefits for guardians of incapacitated disabled people of group 1
  44. Benefits for guardians of incapacitated disabled people of group 2
  45. Benefits for guardians of disabled children
  46. Additional privileges
  47. Tax deductions for caregivers of disabled children
  48. Incapacitated disabled people: discounts for caregivers
  49. Regional programs
  50. Regulatory acts regulating the issue
  51. Benefits for guardians of incapacitated disabled people - a complete list of benefits
  52. Recognition of incapacity
  53. Appointment of a guardian
  54. Cash payments
  55. Video – Caregiver Benefits
  56. Social benefits
  57. Annual report

Grounds for receiving benefits

The full list of benefits and compensation paid to citizens caring for people with disabilities is specified in Resolution No. 343.

Decree of the Government of the Russian Federation dated 04.06.2007 N 343 “On making monthly compensation payments to non-working able-bodied persons caring for a disabled person of group I (with the exception of disabled people since childhood of group I), as well as for the elderly who, upon conclusion of a medical institution, need constant outside care or those who have reached the age of 80"

Who is eligible to become a trustee?

A citizen who wishes to become a trustee of a person with disabilities must meet a number of requirements specified at the legislative level. As a rule, when determining who will take care of such a person, close relatives are first taken into account.

Disability in Russia: numbers and facts

All other citizens to obtain this status must meet several mandatory requirements:

  1. Reach the age of majority.
  2. Have no criminal record.
  3. Be fully capable.
  4. Do not see a neuropsychiatrist.
  5. Do not be limited in parental rights.

All guardians who also apply for various social benefits must take into account the fact that, due to guardianship, they simply do not have enough time to work and earn a living in this way. Therefore, if a person needs a higher income, then it is not worth registering for such a social status.

Disability in Russia: numbers and facts

When receiving an application from an applicant, the guardianship officer must take into account the fact whether the applicant has a realistic amount of free time that he can spend on providing the disabled person with all the care he is entitled to.

Types of government support

Let's take a closer look.

Where to find out what kind of help you can get

Tax deductions

A person who cares for a disabled citizen has the right to count on receiving standard and social tax deductions.

Read also: Benefits for kindergarten in 2020

The standard tax deduction is 6,000 rubles. Social deductions are provided on the basis of a pension or insurance agreement with the state. Moreover, the above documents must necessarily be issued to the disabled citizen, and not to the guardian caring for him.

Benefits for guardians of incapacitated disabled people

The resolution regulates only the minimum amount of benefits that must be paid to such citizens. At the moment, this minimum is only 1,200 rubles. In each region of the Russian Federation, the authorities have the right to independently revise the amount of payment and set it at a level acceptable to the budget.

In addition to financial payments, citizens are provided with the following state support measures:

  1. Possibility of free legal assistance.
  2. There is no fee when filing claims in relation to property whose value exceeds 1,000,000 rubles.
  3. All notary services are provided with a 50 percent discount.

Each region provides its own list of benefits provided to this category of citizens, so you can clarify the exact support measures only in your social security department.

For example, in Moscow an additional discount of 50 percent is provided when paying for major repairs. In addition, a 50 percent discount is provided when paying for an MTPL policy.

In most regions of the Russian Federation, guardians of incapacitated citizens are provided with the following additional support measures:

  1. Extraordinary provision of land for the construction of your own residential building.
  2. Exemption from payment of transport tax for a car with an engine power of up to 200 hp.

Payments for guardians of citizens with disability group 2

Transfers of funds for caring for a disabled person of the second group are carried out from the federal and regional budgets. The following benefits are currently set:

  1. 5,500 rubles for caring for a disabled child.
  2. 1,200 rubles when caring for certain categories of citizens with disabilities.

Payments to guardians of citizens with 1st disability group

  1. The standard payment is 60 percent of the minimum wage established in the region of residence of the beneficiary.
  2. When caring for a disabled person from childhood, the payment amount is 11,445 rubles.
  3. The amount of additional benefit is 3,357 rubles.

Getting additional privileges

  1. Half-holiday.
  2. Registration of four additional paid days off.
  3. Do not work on holidays and weekends, regardless of the schedule approved by the organization.
  4. Do not go to work at night.
  5. Don't work overtime.
  6. Do not go on business trips.
  7. Receiving additional unpaid leave, the duration of which is up to 14 days.

Read also: Benefits for disabled people of groups 1, 2 and 3 in 2020

Citizens who care for children with certain diseases have the right to retire earlier. By law, every 18 months of such care removes one year of retirement age. The maximum number of years by which the age can be reduced is 5.

Benefits in the field of labor legislation

  1. Possibility to work on a reduced schedule.
  2. Such citizens are given 4 additional days off per month, which are fully paid.
  3. The ability to not go to work on weekends and holidays, even if the organization provides for such a schedule.
  4. Possibility to refuse business trips and work overtime.
  5. Opportunity to take additional unpaid leave. The duration of such leave is 14 days within one year.

Tax benefits

Citizens who care for a person with a disability have the right to apply for a tax deduction. It comes in two types:

  1. Standard, the size of which is 6,000 rubles.
  2. Social, the size of which varies depending on the region of residence of the person and the characteristics of providing care for the disabled.

Social deductions are provided only for contracts issued in the name of a person under guardianship.

Benefits in the housing and communal services sector

Benefits in the field of education

In the field of education, a guardian can only take advantage of the benefits provided for a child under his guardianship:

  1. If this is a full-time student, he is provided with financial support for the entire period of study.
  2. Discounts are provided for education in preschool institutions.
  3. The school provides two free meals a day.
  4. Free textbooks are provided.

Regional support measures

  • reimbursement for utility bills;
  • compensation for raising a child with a disability;
  • financial support for a full-time student;
  • compensation for raising an abandoned child.

In addition, material benefits are provided:

  1. Discount on preschool education.
  2. Free travel on public transport.
  3. Free two meals a day in an educational institution.
  4. Free medicines until the child reaches 3 years of age.
  5. Free textbooks.

Decor

To obtain the right to care for a disabled person, a citizen must take care of registering his status. To do this, they must take several actions:

  1. Obtain a document that certifies that a person has been recognized as disabled.
  2. Receive a document that indicates that the candidate is legally competent.
  3. Contact a government agency with all collected documents.
  4. Receive a document confirming the appointment of guardian status. Application form for appointment of guardian status

You can submit such an application to the guardianship department located at the place of permanent residence of the disabled person. The decision is made within 15 days from the date of receipt of the complete package of documents.

Read also: “Young Family” program in 2020

In order to subsequently receive all the entitlements, a person must take the following steps:

  1. Collect all necessary documents.
  2. Submit an application to the Pension Fund.
  3. Coordinate the receipt of payments with the ward person.
  4. Receive payments and continue to care for the disabled person.

Documentation

To start enjoying all the benefits entitled to a guardian, a person must contact the Pension Fund of the Russian Federation at the place of residence of the disabled person and provide the following documents:

  1. Statement. Moreover, this document must be drawn up both from the applicant himself and from the disabled person under his care.
  2. A certificate from the Pension Fund of the Russian Federation, which confirms that the guardian is actually caring for a person with a disability.
  3. A certificate received from the employment center confirming that the guardian is not receiving unemployment benefits.
  4. Extracts of disability from the ITU. Sample of an extract of disability from the ITU
  5. A conclusion from a doctor, which states that a person with a disability must be constantly cared for.
  6. Guardian's passport.
  7. Work records of both the guardian and his ward.

Download the application form for social benefits

Conclusion

A person who cares for a citizen with a disability must understand that in order to receive privileges and payments, all documents must be reliable. If errors are identified in the submitted documentation, he will be denied benefits.

In addition, the violator may be charged with a fine, the obligation to return all funds received as a result of such fraudulent actions, and he will also be deprived of guardianship, which may become the reason for the impossibility of obtaining such status again even after several years.

Source: https://zakonoved.su/lgoty-opekunam-invalidov-1-gruppy.html

Payments for guardianship of a disabled person 2020 - over an incapacitated person, 1 group, 2 groups, how much they pay, over a disabled child

Guardianship of disabled people is a special category that is encouraged by the state of the Russian Federation in various ways.

Establishing guardianship is a quick and simple procedure that involves collecting documentation and submitting it to the government agency.

But despite this, it is necessary to comply with the minimum requirements established by regulations.

What it is?

The Russian government is trying its best to support disabled people and their caregivers. Due to the lack of independence of such persons, the state helps them attract relatives and other persons for real help. And for this, these people receive a monetary reward, and the disabled person receives a pension.

Guardianship allows third parties to make their lives easier through the benefits provided and other additional discounts.

Before becoming a guardian, it is necessary to study all the legal issues and consequences that may arise from the situation.

First, it’s worth considering what it is and how it is regulated. By studying such questions, you can avoid common mistakes.

Guardianship is the care of citizens whose disabilities are associated with dysfunction of the body or simply incompetent persons.

If a disabled person is capable and does not have psychological disabilities, then he may be provided with a person in the form of a foster carer. That is, this person provides assistance in solving a domestic issue.

In the case of transactions, acts in the interests of the disabled person. This form often occurs when guarding an elderly person.

In case of mental disorder, full guardianship is established.

To do this, an application is submitted to the court with a request to declare the disabled person incompetent. As soon as the court makes such a decision, the authorized body appoints guardianship. Now the guardian must not only care for the disabled person, but also provide for his needs, manage property, and represent his interests in transactions.

Among other things, the guardian manages financial resources and then draws up a report on expenses.

Read also: Preparation of documents for traveling abroad: with one of the parents, without parents, different surnames

Who is eligible for benefits?

The guardian is obliged to take care of the health of the disabled person and his property. They can only become adult citizens with full civil capacity.

It is also a condition that the court order has not entered into force. For example, deprivation of rights to a child. There must be no various psychoneurological diseases and restrictions on actions.

It is the responsibility of the court to decide on guardianship. When a decision is made, it becomes possible to receive benefits.

A court order is the only basis for obtaining guardianship. In this case, all conditions are checked by the guardianship and trusteeship authorities.

The refusal in this case may be:

  • outstanding criminal record;
  • inability to fulfill obligations;
  • the presence of a disease that is reflected in the list of the Ministry of Health.

Each guardian has the opportunity to take advantage of a range of benefits. In other cases, they are entitled to monetary compensation.

For proper compensation, every person must know the legal framework. At the same time, the amount of payments is affected not only by federal legislation, but also by local legislation.

The legislative framework

The guardianship procedure is stipulated in Federal Law No. 48-FZ, as well as the Family Code. Most of the provisions are located here, and the nuances are specified in additional legal acts.

The most popular are:

  • Article 145 of the Family Code – provides an example of the establishment procedure itself;
  • Article 146 of the Family Code – the entire list of requirements and conditions that guardians must comply with is announced;
  • Article 148 of the Family Code – all rights and obligations of a disabled ward are granted;
  • Article 148.1 – a complete list of the rights and obligations of the guardian is stipulated.

But despite such a list of legislative acts, they do not cover the topic of payment of benefits.

According to the current procedures of Russian legislation, all actions aimed at guardianship are recognized as free of charge. But in some cases, the government pays extra for these actions.

Payment is regulated by Government decree. But to receive benefits, you must fulfill a number of requirements and conditions described in the legislative act.

This point is also regulated by a decree, which prescribes the nuances of caring for a disabled child. In this case, there is an increase in payment for guardianship.

To receive increased pay, you must also fulfill various conditions. Regarding payments, every person has the right to apply to social protection.

Registration of guardianship

A disabled person is a citizen who is unable to act independently and has serious health problems that prevent him from leading a full life. These often include various psychological and physical illnesses.

It is very difficult for citizens in such a situation to cope without outside help. In connection with this, the state decided to sponsor assistance for people with disabilities.

Terms and requirements

Only a legally capable person who does not have any physical disabilities can obtain guardianship and trusteeship. Also he should not be judged. Consent alone will not be enough to formalize guardianship of a disabled person.

Action is available only after the ward is declared partially or completely incompetent. An opinion of this kind can only be issued by a court.

That is why, first you need to file an application with the court. This can be done by close relatives or those who live with him.

Guardianship authorities or medical institutions may also have the right. Supporting documents are attached to the claim itself, including certificates from a medical institution and receipts for payment of state fees.

Often the court asks the ward to come to the hearing, but in many cases this is not possible. Sometimes the board travels independently to his place of residence. After completing the stages, a medical examination is assigned. The final decision will be based on such a document.

As soon as the medical institution issues a document confirming the citizen’s incapacity, you can come to the guardianship authority and register for guardianship.

If the ward is sane, he can have a say in choosing a guardian.

Required documents

To register guardianship, you must provide the following documents to the government agency:

  • the applicant’s statement of desire to become a guardian;
  • a certificate from a medical institution declaring a person incompetent;
  • autobiography of the applicant in free format;
  • certificate from the place of work about income and position;
  • the applicant's marriage certificate, if available;
  • consent of all family members on the cohabitation of the guardian and the ward;
  • a certificate from the housing department about the condition of the property at the time of filing the application.

A sample application for guardianship of an incapacitated person is here.

Payments for guardianship of a disabled person

Questions about registration of guardianship and guardianship are often discussed in modern society. But the discussion concerns not only registration, but also receiving additional compensation. Therefore, at the initial stage, almost everyone asks the question, what kind of payments are due?

Payments for guardianship of a disabled person are special compensation for the proper care of an incapacitated person.

Paid by the state. Citizens who formalize guardianship undertake obligations to support disabled people. For the maintenance of such persons, monthly compensation is allocated for the purchase of necessary things, food and medicine.

1 group

Now, in order to obtain guardianship, it is necessary to go through a verification procedure and meet the requirements approved by government order. But the action is so simplified that to obtain guardianship over a disabled person of group 1, a few days are enough.

  • This category of persons is provided with a large number of benefits, as well as increased pension payments.
  • The guardian receives an allowance that he can use for his own needs.
  • The indicators for establishing such a group are:
  • complete dependence on other persons, inability to fully care for oneself;
  • inability to navigate in space and communicate;
  • inability to move independently without special devices;
  • lack of ability to control behavior in case of mental disorder.

A group is assigned only after passing a medical examination. It is intended only for seriously ill people. Most often issued to citizens with disabilities since childhood with possible pathology.

The benefit depends on who becomes the guardian. This could be a parent or another person.

If this is a parent, then:

  • in the absence of official employment - 60% of the minimum salary;
  • social pension for a disabled person – 10,337 rubles;
  • additional monthly allowance in accordance with the presidential decree is announced after a medical examination.

In case of guardianship by other persons:

  • discount on utility bills – at least half;
  • sanatorium treatment free of charge.

An exception is that if there is no family relationship between the trustee and the ward, the former will receive not 5.5 thousand rubles, but 1.2 thousand rubles. This is stipulated in the presidential order. The indicator is not indexed.

The remaining benefits are subject to annual indexation in accordance with constant inflation. It is carried out on April 1 every year.

2 groups

Guardianship of disabled people of this category is assistance in everyday conditions. You should find out how much they pay for guardianship.

The disabled person himself receives money in the amount of:

  • monthly payment – ​​2,000 rubles;
  • disability pension – 3600 rubles;
  • social package – 839 rubles;
  • free social services;
  • benefits for travel and education;
  • at least 50% discount on utility bills.

The guardian has the right to represent the interests of the disabled person and manage funds. The money received by a disabled person cannot be spent on the needs of a guardian. If the fact is revealed, guardianship is removed.

The labor pension in the given year is:

  • in the absence of a dependent – ​​3610 rubles;
  • with three – 7220 rubles;
  • with two – 6017 rubles;
  • with one – 4813 rub.

There is also annual indexation. If a disabled person of this category is registered, then the payment for utilities is halved.

Guardians are entitled to monthly compensation. To receive it, you must contact the Pension Fund of the Russian Federation. The amount of allowance for guardians is 1200 rubles.

As a child

Disabled children receive the following social pension:

  • childhood 1 gr. – 10 thousand rubles;
  • 1 gr. and disabled people 2 gr. from childhood – 8.6 thousand rubles;
  • disabled people 2 gr. – 4.3 thousand rubles;
  • disabled people 3 gr. – 3.6 thousand rubles.

If the guardian is not officially employed, then he is entitled to a benefit in the amount of 60% of the minimum wage. At the moment, this indicator is stipulated in the presidential decree.

Report on funds used

Despite the fact that the guardian has the right to dispose of the funds received, he is obliged to report on all expenses. You must fill out the prescribed form. This is stipulated in the current government decree.

This is an annual responsibility for all caregivers. Failure to fulfill such an obligation will result in deprivation of rights.

A sample guardian report is here.

The procedure for registering guardianship and guardianship is quite simple. The main thing is to observe the main nuances and features when collecting documents. It is also necessary to first familiarize yourself with all the requirements for guardians.

Guardianship of an incapacitated person involves small payments. But this is still better than being without government support at all.

Video about guardianship of incapacitated persons

Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://nam-pokursu.ru/opekunstvo-nad-invalidom-vyplaty/

Guardianship of an incapacitated disabled person: what benefits are available to guardians?

Benefits for guardians of incapacitated disabled people can be expressed both in monetary form and in the form of relief from bearing any obligations to the state. Guardianship of a disabled person is, first of all, a huge responsibility for another person, representation of his interests in all spheres of life, as well as constant care and attention. The state understands the importance and difficulties faced by guardians. Therefore, they are provided with various privileges and subsidies.

Read also: Benefits when enrolling in school: for people with many children, military personnel, disabled people

Benefits for guardians of disabled people in 2020. Legal grounds

The state has determined a list of benefits for guardians of incapacitated people. Issues of benefits, receipt and registration are regulated by the following legislative acts:

Who can become a trustee

Being a guardian or trustee is quite a difficult and difficult task. It turns out that the state gives the caring individual special prerogatives and trusts him to look after another person. In fact, the life and health of a disabled person, and even more so an incapacitated person, is under the protection and control of the guardian assigned to him. Therefore, the legislator has fixed specific requirements for persons caring for the disabled. Article 35 “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 N 14-FZ lists who does not have the right to become a trustee, namely:

  • incapacitated minors;
  • deprived of parental prerogatives;
  • guilty of committing a criminal act against life and health.

The Family Code of the Russian Federation, Article 146, prescribes additional requirements for the identity of child trustees. They cannot become them:

  • individuals convicted of serious criminal acts;
  • those in a same-sex union;
  • suffering from alcoholism and drug addiction.

Thus, a person who has reached the age of 18, has legal capacity and has not been noticed in the above cases has the right to become a trustee.

What types of state support are required?

The state supports caregivers through additional payments to the ward’s pension and a system of existing benefits. Particular attention should be paid to the care of disabled people of group 1, since people in this category suffer from quite severe forms of illness, and caring for them requires more effort. Thus, the following benefits are available to guardians of group 1 disabled people:

  1. 50% compensation for housing and communal services.
  2. Sanatorium-resort treatment for disabled people and their guardians is free.
  3. Discount on transport tax and land tax.
  4. Relief from the burden of property collection.
  5. Labor benefits for parents raising a disabled child under 8 years old - flexible schedule, payment according to the time period worked, prohibition on business trips, overtime work.
  6. 50% discount for home phone.
  7. Preferential travel on national vehicles.

Benefits for a guardian of a group 1 disabled person from childhood include the same types of benefits as for trustees of the above category, but there is also some addition - early age pension.

The reduction occurs in the proportion of a year per 1.5 guardianship. An important condition is the presence of an insurance period of 15 years for females, 20 for males.

The total duration of such reduction does not exceed five years.

Benefits for guardians of group 2 disabled people include:

  • discounts on utility bills;
  • free social services;
  • benefits when receiving education;
  • discount travel on public transport.

However, a guardian of a group 2 disabled person in Russia should not count on payments. They are not required by law. But the board of trustees has the right to assign certain amounts of deductions from the funds of the ward.

Benefits for guardians of disabled children

Additional privileges

Benefits for guardians of disabled children include:

  • labor preferences (use of 4 additional days off per month);
  • early registration of old-age pension payments (the deadline for reducing the age is 5 years);
  • compensation of income tax for a disabled child (6 thousand rubles);
  • free medicines, a trip to a sanatorium.

Tax deductions for caregivers of disabled children

Guardians are entitled to a personal income tax deduction. For one disabled child, whose upbringing and care is carried out by an individual, the amount of such a deduction is 6,000 rubles. That is, no income tax is charged on this amount. Above this amount there is a standard charge of 13%.

Incapacitated disabled people: discounts for caregivers

When registering guardianship, many trustees do not know what payments are due to the guardian of an incompetent disabled person of group 1, or what the benefit system is. Thus, caring for an incapacitated person takes up all the time of the caregiver and does not allow him to carry out work activities. The legislator took this point into account and established compensation for the guardian in the amount of 1,200 rubles. per month.

In addition to payments to the guardians of such individuals, various benefits are provided:

  1. The state fee is not paid when going to court if the claim does not exceed 1 million.
  2. Free legal services.
  3. 50% discount on notary services.

Regional programs

Each region has the right to expand federally established subsidies. Thus, in Moscow, 50% of the cost of major repairs is compensated, there is a preference for receiving land plots out of turn, and half the cost of the MTPL policy is returned.

In the Leningrad Region, guardian parents are provided with relief from utility bills and reimbursement of costs for the purchase of books, clothing, and special equipment.

In Orenburg and the region, priority admission to preschool educational institutions and free medications are being issued for children under 6 years of age.

Source: https://posobie.net/lgoty/kakie-polozheny-opekunam-vzroslyh-nedeesposobnyh-invalidov-detstva-1-2-gruppy.html

Benefits for guardians of incapacitated disabled people of groups 1 and 2: list and procedure for obtaining

Disability is a serious deviation from normal life activities due to health reasons.

People with disabilities require daily care and assistance in performing any daily tasks, which is why they are assigned a guardian.

This is a person officially assigned to a disabled person who helps him cope with everyday affairs (food, hygiene and movement) and represents his interests in various organizations.

Among the three groups of disabled people, it is group 1 that receives special attention from government agencies. They are provided with both funds and rehabilitation products. Caregivers of people with group 1 disabilities are also entitled to cash benefits and various benefits, because care and care often take a lot of time.

Legal grounds

According to the law, benefits, allowances and other payments are received by those trustees who have no other sources of income. To establish guardianship, you need to collect documents and submit them to the Pension Fund. Compensations and benefits were approved by the Government in Order No. 343 of June 4, 2007.

Who can become a trustee

A person who is able to pay due attention to a disabled person can take care of him.

Government authorities ensure that guardianship is not appointed for the purpose of obtaining the property and real estate of an incapacitated person.

The legislation establishes a number of requirements for a person planning to take guardianship of a disabled person, since in the future the health of an incapacitated person depends entirely on the assigned guardian.

Article No. 35 of the Civil Code talks about those who cannot become a guardian:

  • incapacitated or minor persons;
  • parents deprived of rights;
  • convicted of serious crimes.

There are additional requirements for future guardians of children. According to Art. 146 of the Family Code of the Russian Federation cannot be appointed as a guardian:

  • people with alcohol or drug addiction;
  • convicted of serious crimes.

Those who obtain guardianship over a person with the first group of disabilities must also meet important requirements. When a decision is made on the candidacy of a trustee and the assignment of benefits to him, compliance with the following requirements is taken into account:

  • majority;
  • lack of records from a psychiatrist or neurologist;
  • no criminal record;
  • age up to 60 years
  • work capacity and capacity.

Important! When a candidacy is approved, close relatives have the priority right to establish guardianship. Also, if necessary, a medical institution or hospital takes care of the disabled person.

A benefit paid by the state is compensation for the lack of time to earn money.

Good to know: Mental disability

What types of state support are required?

They are divided into benefits for guardians of disabled adults and disabled children.

Benefits for guardians of incapacitated disabled people of group 1

Trustees receive monthly benefits, the amount of which depends on the region of residence. Non-working parents receive slightly more than half of the region's minimum wage. Those who care for a disabled child receive 11,445 rubles monthly. (when the disability is acquired - 9538 rubles). The amount of 3,357 rubles is the same for all trustees of group 1 disabled people.

Useful article on the topic: Benefits for disabled people of group 1

Additional benefits for guardians:

  1. Discounts on taxes (transport, property and land).
  2. Free treatment in dispensaries.
  3. Free pass.
  4. 50% discount on housing and communal services and landline telephone.

Important! The payment occurs together with the pension of a disabled person of group 1.

Benefits for guardians of incapacitated disabled people of group 2

Caregivers of group 2 disabled people are not provided with monetary payments, but there are social benefits. Among them there is a discount on travel and housing and communal services payments, as well as a discount on education.

Useful article: Law on Benefits for Persons with Disabilities

Benefits for guardians of disabled children

Disabled children with group 1 receive a pension of 10,337 rubles, and guardians, according to Presidential Decree No. 175, receive a monthly allowance in the amount of 5,500 rubles. In 2020, changes occurred; the amount was increased to 10,000 rubles. The decree on this was signed on 03/07/2020, but will come into force only in July 2020.

Additional privileges

Guardians of disabled children, according to the law, have the right to work part-time, take additional days off, not work on weekends and holidays, and not go on business trips. Guardians also have the opportunity to retire 5 years earlier than retirement age.

Guardians are given a 50% discount on housing and communal services and rental housing, as well as priority in the distribution of free plots of land.

Tax deductions for caregivers of disabled children

Guardians of disabled children receive tax deductions, standard and social. Standard is 6,000 rubles. Social deductions are assigned under a pension agreement or insurance agreement. They also depend on regional programs.

Read also: Benefits for children who lose a breadwinner: in Moscow and other cities

Good to know: Tax benefits for people with disabilities

Incapacitated disabled people: discounts for caregivers

Since the caregiver spends all his time caring for the person with a disability, he does not have time to earn a living. The guardian is encouraged not only with benefits and cash benefits, but also with various discounts:

  • discount on notary services - 50%;
  • exemption from paying state fees when filing claims.

To receive benefits and discounts, you must provide the Pension Fund with an application, a passport, a medical requirement for the need for care, and work records of the guardian and the disabled person.

Important! If payments were not processed on time, you can receive compensation for previous months. The total period of possible return of payments is 3 years.

Regional programs

The establishment of some benefits depends on the subject of the Russian Federation. In Moscow, guardians of children with disabilities are provided with benefits, a discount on housing and communal services, and compensation for children. In addition, a 50% discount is offered on food, travel and education. Children receive free medicine and baby food.

Regulatory acts regulating the issue

The types and amounts of benefits, their receipt and registration are based on the legislative acts of the Russian Federation. These include:

  • Government Decree No. 343 regulates the payment of benefits. Paragraph 2 states the need for monthly compensation for a person caring for a person with a disability;
  • Federal Law No. 181, Article No. 27. Fixes the possibility of people with disabilities receiving financial payments;
  • Presidential Decree No. 175. On the amount of monthly supplement to the pensions of disabled children and disabled people of group 1 since childhood;
  • Presidential Decree No. 1455. Clause 1 determines payments to those who care for a disabled person.

* all amounts and legislative acts are indicated for 2020.

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Source: https://medpravo.su/lgoty-opekunam-nedeesposobnyh-invalidov-1-gruppy/

Benefits for guardians of incapacitated disabled people - a complete list of benefits

Disabled people are a special category of citizens in need of state protection and support.
They are unable to take care of themselves, so they are cared for by official guardians who have the right to receive benefits from the state for their work. Benefits for guardians of incapacitated disabled people

Recognition of incapacity

Incapacity is the inability of a person to be responsible for his actions, to take conscious actions, to adequately assess the surrounding reality and make decisions. Citizens with such problems are unable to perform their social functions in society and monitor the observance of their civil rights and freedoms.

A citizen who is an adult is recognized as incompetent only on the basis of a decision of a judicial authority.
After the decision comes into force, guardianship is established over such a person. Article 29. Recognition of a citizen as incompetent

categories of persons can submit an application containing a request to the court to recognize the person specified in the document as incompetent :

  1. Family members.
  2. Close relatives (brothers, sisters, parents). The fact of cohabitation does not matter.
  3. Representatives of guardianship authorities.
  4. Representatives of psychiatric institutions.

The application must contain information on the basis of which the judge can draw conclusions about the possibility of declaring the citizen incompetent. To determine this possibility, a forensic psychiatric examination .

The examination is usually carried out on a voluntary basis. But if the patient clearly evades the examination, a court hearing is scheduled. A prosecutor and a psychiatrist take part in it. At the meeting, a decision is made, according to which the citizen is sent for a medical examination.

For example, family members can become a guardian of an incompetent person

Based on the results of the examination, an expert opinion is formed. Based on this conclusion, as well as other data provided by the participants in the process (testimony of witnesses, consultations of specialists, explanations of the applicant, material evidence), the court makes a decision.

Appointment of a guardian

The guardian is appointed by the relevant government agency - the guardianship authority. They become a capable person who has expressed a desire to care for the patient.

On a note! Preference is given to close relatives of the person, but this requirement is not mandatory.

Article 35. Guardians and trustees

Persons who meet the following criteria can apply for the right to care for a sick citizen:

  1. Over 18 years of age.
  2. Fully capable.
  3. Not registered in a psychoneurological dispensary.
  4. Having no criminal record.
  5. Not deprived of parental rights.

When making a decision, authorized persons are guided not only by the existence of a connection between the parties and the wishes expressed by the future guardian. The established relationships between the parties are taken into account.

This condition is key, since citizens often strive to become guardians of incapacitated persons not out of a desire to provide assistance and support, but in order to manage their property.

The guardian must be over 18 years of age

To be appointed as a guardian, a person must receive a special designation from the guardianship authorities. The appointment is issued as a result of consideration by the state body of the citizen’s application with the following documents attached to it:

  1. Autobiography.
  2. Questionnaire.
  3. Passport details.
  4. Certificate of no criminal record.
  5. A court order declaring the incapacity of the person for whom care will be provided.
  6. A certificate of income or other document confirming the guardian’s ability to provide the necessary financial level to his ward.
  7. A certificate confirming that a citizen has undergone a medical examination, according to the results of which his health allows him to care for a disabled person.
  8. A document confirming the existence of a family relationship between the applicant and a disabled person, or the consent of the patient’s relatives to appoint the applicant as a guardian.

Article 36. Fulfillment of their duties by guardians and trustees

Cash payments

Caregivers have the right to receive guaranteed cash payments from the state, regardless of whether they are related to the disabled person or not.

[blockquote_1] Note! In accordance with the Presidential Decree, the federal payment to guardians of incapacitated persons is 1,200 rubles.[/blockquote_1]

A similar amount is provided monthly to citizens who are of working age and do not officially work due to the need to care for another person.

The small amount of financial assistance is explained by the fact that in our state, registration of guardianship is considered a voluntary decision of a citizen to take care of a disabled person.

Federal payment to guardians of incapacitated persons is 1200 rubles

Disabled people themselves receive benefits and benefits from the state, which their guardians can dispose of under the control of the guardianship and trusteeship authorities. Funds must be spent on the needs of the ward.

In addition to federal support, persons acting as guardians can count on regional payments.

The following additional types of financial support are available:

Type of payments Purpose of payments Amount
Payments to parents For parents who do not carry out professional activities due to the need to care for children with 1st group of disability 60% of the established minimum salary Payments of pensions For guardians caring for disabled people since childhood and for citizens with acquired disabilities 11,445 rubles – with disability since childhood.

9538 rubles – for acquired disability

[blockquote_2] Attention! In different regions of the country, the types and amounts of financial support may differ.[/blockquote_2]

Video – Caregiver Benefits

Social benefits

Incapacitated citizens have the right to receive a number of social guarantees from the state, which are administered directly by guardians when caring for their wards:

  1. Benefit for paying utility bills (the benefit amount is 50%).
  2. Possibility of sanatorium-resort treatment.
  3. Reduced land tax rate.
  4. Significant discount on transport tax.
  5. Complete absence of property tax.
  6. Discounts on telephone communications (discount amount – 50%).
  7. Free travel on public transport (the benefit applies to all types of public transport). The guardian himself, acting as an accompanying person, receives a discount on travel.

Benefits for disabled children

Guardians of children under 8 years of age with disabilities are provided with labor benefits. They receive the right to a shortened working week or a shortened working day. In this case, the employee is paid piece by piece for the number of hours actually worked. Also, the guardian cannot be sent on a business trip or involved in overtime work without her voluntary consent.

Annual report

By law, a guardian has powers that give him the right to enter into transactions with the property of the person under his guardianship. A citizen can do this only with the consent of the guardianship authorities. All financial actions are recorded in the cash expenditure report.

It is the responsibility of all guardians to submit the report within the prescribed time frame.
Violation of this condition may lead to deprivation of the right to further care for an incapacitated citizen. Article 39.

Release and removal of guardians and trustees from the performance of their duties

To submit a report, you must fill out a standard form, which contains the following important information:

  1. FULL NAME. guardian and ward.
  2. Residential address, telephone number and year of birth of the reporting person.
  3. Indication of areas for spending state financial support (food, clothing, medicine, recreation, household services, etc.).
  4. Personal account number of the person under guardianship.
  5. The amount of money a disabled person has in their accounts.
  6. Residential address of the person under care.
  7. Information about guardianship (name of government agency, date and number of the act on the appointment of a guardian).
  8. Information about the property of the incapacitated person (real estate, land, vehicles, etc.).
  9. Information about changes in the composition of property.
  10. Information about income and expenses.
  11. Tax information.

Form for guardianship of an incapacitated person

Thus, a relative or a stranger who has expressed such an intention and collected all the necessary documents can become a person’s guardian. Federal benefits for caregivers require minimum payments. At the regional level, it is possible to provide additional financial and social guarantees.

Source: https://law-world.ru/lgoty/lgoty-opekunam-nedeesposobnyx-invalidov.html

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