Early retirement of parents of disabled children

Disability retirement rules

The right to a disability pension is granted to the following citizens:

• disabled people of the first, second and third groups;
• children with disabilities (minors);
• persons with disabilities since childhood - who have reached the age of majority, but with the assigned group before the age of eighteen.

For citizens with disabilities, in accordance with the provisions of Federal Law No. 166-FZ, adopted in December 2001 and defining issues of pension provision, the following types of social benefits are provided:

• labor – assigned to citizens for whom the first, second or third group of disability is determined, regardless of the restrictions established by doctors for work. Duration of appointment - for the entire period of the group, until reaching the age mark that grants the right to receive a social old-age pension;
• social , due to disability - received by people who have lost their work benefits (in most cases due to lack of work experience);
• state - for military personnel and other categories of persons affected by a radiation or man-made disaster with corresponding damage to health.

Some disabled people can simultaneously receive several types of pensions, for example, old-age labor benefits and state benefits.

Registration of a pension for disabled people involves a number of sequential steps:

• preparation of the necessary set of papers. A detailed list is presented on the official website of the Pension Fund, State Services, and thematic portals;
• passing a medical examination - carried out through a clinic at the place of residence. If there are appropriate indications, a person turns to a local doctor, after which the latter issues referrals for the necessary examinations and consultations with other specialists. The disability group, if appropriate, is assigned by the ITU medical commission;
• submission of documentation to the Pension Fund - a disabled person can apply to the institution in person or through an authorized representative. In the latter case, it is necessary to issue a notarized power of attorney confirming the powers of the authorized person. Options are available for submitting an application electronically through the State Services portal or sending it by mail or applying through the MFC;
• assignment of a pension by the Pension Fund.

The deadline for assigning a pension is within ten days from the date of application. A citizen may be given up to three months if the submitted package of documents is incomplete to deliver the missing papers.

If the authority makes a decision to refuse, the submitter of the documents must be notified of this in writing within five days.

It must be taken into account that a person with physical problems, if there is a corresponding disability, will have to regularly undergo repeated medical examinations. Depending on the physical condition of the person, the assigned status may change, with a corresponding change in the amount of the required pension benefit.

Conditions of appointment

Candidates for payments are subject to certain requirements. Conditions for awarding a disability insurance pension:

• The citizen is recognized as disabled, and the degree of incapacity for work is established.
• Insurance period of more than 1 working day. In its absence, social pension provision is prescribed.

Government payments are also fixed. Their size is set at the beginning of the year. A state pension is assigned if you have at least 1 day of work experience. Payment can be made by:

• military personnel who became disabled during military service or within a year after its completion (with shell shock, illness received in the army);
• WWII participants;
• citizens who became disabled due to the Chernobyl accident;
• disabled people who were residents of besieged Leningrad;
• astronauts who became disabled due to work.

Criteria for assignment of disability

In 2020, changes were made to legislation affecting citizens with disabilities. In Law No. 181-FZ of November 24, 1995, information appeared on the habilitation of disabled people. Criteria for assigning disability:

1. Incurable disorders of organ function caused by illness, congenital pathologies or injury.
2. Complete or partial loss of self-care, problems with independent movement in space, negotiations with people, inability to work.
3. The need for rehabilitation and social assistance after illnesses and injuries.

Disability is assigned if two out of three criteria are met. The Bureau of Medical and Social Expertise assesses the condition of patients. Early retirement due to disability is possible after assignment of a specific degree of disability.

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Delivery of pension payments

The method of delivery of pension payments can be chosen by the recipient, at his request, based on the most convenient one. The pension can be delivered in the following ways:

1. direct receipt at the post office located at the pensioner’s place of residence;
2. delivery to your residence address - in this case, the money will be brought home according to the schedule;
3. non-cash transfers – transfer of funds to the pensioner’s personal card, according to the specified details.

The citizen indicates the most preferred method of delivery of accruals when registering a benefit with the Pension Fund when drawing up an application. Such a mark is provided in the form of the document.

Required documents

A disabled person must fill out an application on the prescribed form for submission to the Pension Fund. Depending on the procedure for submitting papers, employees of the Pension Fund or the MFC may be able to assist with the preparation of the application.

The submitted application is accompanied by the following documentation:

1. a passport containing a registration mark;
2. SNILS pension certificate;
3. work book or other documents confirming the fact of employment, content indicating dates of work at the enterprise, positions held, with links to administrative acts of the employer. It will be necessary to provide additional papers certifying the specified information if the entry in the work book is made illegible or in violation of the requirements;
4. ITU conclusion confirming the assignment of a disability group.

Depending on individual circumstances, additional paperwork may be required. The employee of the organization who accepts the documentation will inform the disabled person about this.

A disabled person may be required to provide the following documents:

• certificates of family composition;
• confirmation of the presence of persons in custody;
• medical documents on disability;
• address certificate;
• pension certificate (if the person is already receiving any pension payments);
• guardianship confirmation, etc.

Some documents may already be in the Pension Fund, so you will not have to provide them.

In some cases, the list of documents may be expanded, with the need to provide confirmation of a change of surname, the presence of guardians for disabled people, and other papers.

Conditions for early retirement of disabled people

The conditions under which early retirement is possible for a disabled person vary, depending on the assigned group and other circumstances. Next, more details about the specifics of granting benefits, depending on the person’s disability group.

Disabled people of 1st group

For this category of citizens, in addition to the disabled themselves, persons involved in their care and guardianship can apply for a pension. Such people are allowed to retire five years before receiving the specified age limit. It must be taken into account that the right to receive a pension benefit in the presence of a child with physical disabilities applies only to one of the parents.

For early retirement of a disabled person of the first group, one of the following conditions must be met:

• if the child is assigned the specified group and he is 8 years ;
• the parents of a person with a disability have earned twenty years of experience for the male half of the population and fifteen for the female half;
• the above category of persons has reached the age limit that allows them to apply for a pension benefit.

Granting the right to apply for a pension to parents or guardians of people with disabilities of the first group is explained by the fact that it is not easy for their wards to find a job due to serious health problems. This measure allows for decent maintenance for persons with significant physical disabilities.

Under certain conditions, in addition to directly disabled people, pension benefits may be assigned to their parents or guardians.

Disabled people 2nd group

Such citizens are granted a pension only if they are permanently assigned disability. The purpose of this benefit requires the existence of an agreement regulating the specifics of the pension annuity.

When transferring contributions that affect the transfer of benefits to a government-controlled annuity company, early benefits may be awarded.

To get answers regarding the assignment of a pension to this category of citizens, you must seek advice from the companies noted above. These persons are assigned benefits in the standard manner, in an amount within the limits of the usual pensions due to disabled people.

Disabled people of 3 groups

The third group involves employment opportunities. Therefore, such citizens can only be granted a pension upon reaching the retirement age determined by Law No. 400-FZ.

The health status of these categories of disabled people allows them to work in production if the profession does not imply contraindications from doctors. Taking into account these factors, state policy does not imply the right to receive an early pension for citizens with disabilities of the third group, except in separately specified cases.

Who has the right to take advantage of this benefit and under what conditions?

In accordance with family law, the unconditional right to raise, and therefore daily care for, the baby is given to natural parents, who, despite the state of health of the baby, do not abandon him, but faithfully provide care, worrying about his needs and treatment. But at the same time, as a rule, the main burden of providing for the household needs of the baby falls on the mother, who, at the same time, keeps the home in order, while the father supports the family, sometimes trying even through several jobs to obtain the necessary funds for the treatment of his own child.

That is, in essence, an increased burden is placed on both parents, who can legally apply for preferential support, but only in relation to one person , for example, the mother, while the father will be able to claim a pension in the general manner. At the same time, pension benefits are provided not just in connection with caring for a child with disabilities, but in the presence of several mandatory conditions.

So, in particular, the same mother must confirm that the disabled child was raised by her at least until he was eight years old, during which time his disability was registered, and in the proper manner. A work experience of fifteen years with official employment and deduction of contributions to the Pension Fund is also required.

Other persons also have the right to a specified type of pension. So, in particular, according to the norms enshrined in clause 1, part 1, article 32 of Federal Law No. 400, a pension can also be established for guardians of disabled children, but only if they actually cared for the baby or created conditions for his comfortable living by hiring a nurse, and not at the expense of a boarding school. In this case, guardians can apply for a pension earlier than 55 or 60 years old at the rate of a year of pension for every year and a half of care , but not more than 5 years in total, subject to confirmation of work experience for 15 or 20 years and not earlier than the child reaches the age of 8- mi years.

adopted a child can count on a preferential pension , which means that from the moment the documents were signed, they were equal to parents by origin with all the rights and responsibilities that include a preferential pension, in the manner prescribed for their own fathers and mothers.

Calculation of pension payments for disabled people with work experience

The insurance pension for disabled people who have earned work experience is calculated using a formula similar to that for ordinary pensioners.

The difference is that for persons with disabilities the size of the fixed component of the benefit differs, depending on the assigned group:

• for the first – 9,965.8 rubles. ;
• for the second – 4,982.9 rubles. ;
• for the third – 2,491.45 rubles .

The basic formula looks like this:

SP = B x CB + FS

where SP is the amount of pension benefits; B – the number of points earned, depending on the length of service; Central Bank – the cost of one pensioner point; FS – size of the fixed component.

By substituting the actual values ​​into the formula, you can independently calculate the amount of the expected pension.

Example of pension calculation

An example of a calculation for Vasily Viktorovich Petrov, who received the first group of disability due to an industrial injury.

Taking into account the length of service earned by a disabled person, the IPC amounted to 21,88.

The amount of the disability insurance pension assigned in November 2020 will be:

21.88 x 81.49 + 9965.80 = 11748.80 rub.

Pension for disabled people of group 2

1. Disability occurred as a result of an accident or for other reasons not related to harm to one’s own body.
2. Experience – at least one day.
3. Availability of Russian citizenship .
4. The presence of pathologies that interfere with the normal process of life.
5. Receiving a certificate from the ITU (medical and social examination) confirming the corresponding group.
6. There is a need for social assistance.

• obtaining rehabilitation means;
• out-of-turn service;
• 50% discount on utility bills;
• obtaining social housing;
• training benefits;
• awarding a scholarship regardless of the level of academic performance;
• dispensing medications;
• benefits for paying land, property, and transport taxes are of a declarative nature;
• voucher to a sanatorium;
• partial exemption from payment of state duty;
• free travel on public transport.

Amount of social disability pension

The amount paid as a social pension also depends on the group assigned. The following monthly benefits are provided:

• first or second for disabled children – 10,360.52 rubles. ;
• second (excluding persons noted above) – 5,180.24 rubles. ;
• third – 4,403.24 rubles. ;
• first (children) – 12,432.44 rubles .

These amounts are indexed annually, the size of the increase depends on the growth rate of inflationary processes, causing an increase in prices for basic goods and products.

The state takes care of citizens who are unable to work due to health problems.

We can only hope that the pension reform will ensure decent amounts and terms of payment of benefits to persons with disabilities, since not all of them are able to earn an insurance benefit or ensure other means of subsistence.

Procedure and rules for registering disability due to health

The procedure is divided into several stages. If the patient is bedridden, to register the disability you will need a notarized power of attorney for the representative. Registration procedure:

1. A citizen undergoes a medical examination in a hospital.
2. Registration with the ITU Bureau. The pensioner fills out an application and attaches documents along with copies. The originals are registered, verified, and then returned to the applicant.
3. Setting a date for passing the ITU. The examination can be carried out in a month or six months. The date of completion depends on how busy the bureau commission is.
4. Passing the ITU . On the appointed day, the citizen comes to the bureau. Bedridden patients undergo MSA at home or in the hospital (with preliminary hospitalization for a couple of days).
5. Obtaining examination results.

What documents are needed

To undergo a medical examination you will need:

• passport;
• referral to ITU;
• survey results;
• patient's outpatient card received against signature;
• employment history;
• characteristics from the last place of work;
• act of injury at work or occupational disease (if health problems arose due to work).

Referral to ITU

The registration procedure begins with a visit to the attending physician. The specialist issues a referral for tests and prepares medical documents for medical examination. The research results are sent to the hospital commission. After its approval, the patient is given a referral for medical examination. The mailing list states:

• data on the patient’s health status;
• past illnesses (heart attack, stroke, cancer, etc.);
• test results;
• necessary rehabilitation equipment (stroller, hearing aid, etc.)

Medical and social commission for disability

The ITU date is determined by the citizen’s health. In case of temporary incapacity without the possibility of improving the patient’s condition, an examination is carried out after 4-5 months. If the prognosis is favorable, the ITU will be appointed 10 months after submitting the application. In case of a rapidly progressing disease, the examination is carried out within 1 month. The medical and social commission includes 3 doctors:

• Clinical pharmacologist.
• 2 medical specialists (profile depends on the nature of the disease or injury) with higher medical education.

The chairman of the commission is the head of a medical organization or one of his deputies with a higher medical education. The procedure for conducting the examination:

1. Citizen survey. His physical condition is being assessed.
2. Study of submitted documents.
3. Analysis of social and everyday skills. The patient is asked questions and his behavior is assessed. An employed citizen submits a reference from his place of work to the ITU for examination. The document is needed to establish the degree of disability. The boss can indicate in the characterization deviations in behavior that appeared after receiving an injury or that the citizen has always had.
4. Making a decision by voting.

Expert opinion on group assignment

The commission can assign or deny disability to a citizen. In both cases, a conclusion is issued. When a group is assigned, the patient is given a certificate of disability and an individual rehabilitation program (IPRA). The latest document states:

• rehabilitation means;
• drugs to restore health;
• types of sanatorium-resort treatment necessary for a disabled person.

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Disability is established indefinitely or for a certain period. In the conclusion, indicate the time of passing the commission to confirm the status. When the document expires, the status is canceled. To restore it, you need to go through the ITU again. In case of lifelong disability, re-examination is not necessary. This is also indicated in the document. Standard frequency of re-examination:

• disabled people of group 1 every 2 years;
• disabled people of 2-3 groups annually.

Diseases for which permanent disability is recognized:

• oncology in the last stages;
• complete deafness and blindness;
• paired hip amputation;
• diabetes mellitus with many functional disorders;
• schizophrenia;
• epilepsy with severe mental disorders, etc.