Resolution to compensate children with cerebral palsy for failure to provide housing. Housing for disabled children: conditions and procedure for provision. Living space for a disabled child in terms of standards

Since disabled children require special care, constant supervision, maintenance in a spacious room and large time and financial expenditures on the part of parents, who, due to the need to look after them, are often forced to work part-time or refuse employment altogether, the state provides various housing benefits for disabled children. They are designed not only to solve a family’s housing problems in a short time, but also to reduce the costs of an already used apartment or house.

Why parents of a disabled child may be denied registration for improvement of living conditions

In order to qualify for housing on the basis that the parents are raising a child with a disability, it is necessary to be registered for the improvement of housing conditions.

However, placement in the queue may be refused on the following legal grounds:

• if any of the family members carried out any manipulations, the purpose of which was to reduce the area of ​​the apartment or house;
• if a family with a disabled child has lived in their living space for less than 10 years (this will be evidenced by a certificate from the place of residence);
• if one of the parents (or both) owns another living space;
• if the living area for each family member is greater than the approved indicator for the region (or equal to it).

Where to apply for housing registration and what documents to prepare

You can apply for registration to the social protection authorities or to the local government authorities of the municipality. You need to have the following documents with you:

What housing benefits are provided for disabled children?

Parents of a child with a disability are entitled to the following housing benefits:

• halving rents in public housing buildings;
• reducing by half the monthly cost of utility services, including telephone services and contributions for major repairs (in your own housing and those registered under a social rental agreement);
• halving the cost of firewood for families living in private houses without central heating.

If children are diagnosed with serious illnesses, such as tuberculosis or kidney dysfunction, the family can apply for an increase in the area of ​​the provided apartment due to additional space, which may be twice the state standard (as a rule, an extra 10 m2 is allocated).

In addition to housing, a family with a disabled child can receive a plot of land to build their own house, engage in farming, organize a vegetable garden, or develop a personal subsidiary plot.

What documents are needed to apply for housing benefits?

To apply for discounts on housing and communal services, you need to contact the regional department of social protection of the population. The condition for granting benefits is the absence of arrears in payment of bills from utility services. Then the only option would be to sign an agreement with the housing and communal services service on debt restructuring. The following documents will be required:

Providing housing to disabled children out of turn allows you to quickly improve the living conditions of the whole family. Current legislation establishes minimum and maximum permissible standards for square footage per citizen, which must be observed when providing housing. The family must meet the established requirements and register.

Peculiarities

There is a separate program that ensures the right of a child with disabilities to housing with his family. Based on Federal Law No. 181, the opportunity to obtain housing under both the federal and regional programs is established.

The specific choice depends on the requirements and reasons that a particular family has. It is planned to provide free housing, for which it is necessary to comply with the basic formalities of collecting documents and registering with the state.

Primary requirements

First of all, the family is registered as in need of improved living conditions. The provision of housing for disabled children and their parents occurs as new state or municipal funds are commissioned.

Families with disabled children must meet the following requirements:

• Living in a house that does not meet sanitary standards, which is confirmed by an expert opinion;
• The residential premises do not meet the minimum standards established by regional living standards;
• Living in an apartment with a person suffering from a serious illness;
• Living in adjacent rooms with other non-relative families;
• Living in a hostel on a permanent basis.

There are exceptions for dormitory residents. Housing is provided only to those who live in it on the basis of a social tenancy agreement. Seasonal workers and persons working under a fixed-term employment contract cannot register. When registering, a municipal employee takes into account the right to additional space to the existing one.

Each region has its own standard for the number of square meters, but it cannot be less than 6 square meters. m. per person. At the same time, there are 33 square meters per person. m., and for a family of two people - 42 sq. m. The housing provided must meet the requirements in such a way as to eliminate the need for improved housing conditions.

If a disabled child was born after the family was registered on a general basis, the apartment will be provided outside the general queue in accordance with the interests of the new family member.

At the regional level, additional requirements and grounds are established. The main requirement is the absence of other housing in the family on the right of private ownership. Such persons must live in municipal apartments, which are provided under a social tenancy agreement.

According to the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” clear rules for the transfer of housing are established. If a citizen has a severe chronic illness, municipal housing is provided, which exceeds the norm for each family member. But the norm should not be exceeded by more than 2 times.

If a disabled person lives in a stationary institution, he has the opportunity to improve his living conditions and get a municipal apartment. In this case, an application is required to register along with other disabled people. If a child has a disability and is left without parental care or is an orphan, he has the right to housing. But for this you need to wait until you reach adulthood. At the same time, such a citizen must prove that he can serve himself independently and provide for himself at an acceptable level.

Those left without parental care or orphans with disabilities also have the right to housing. It is granted to them after reaching the age of 18. At the same time, they must be able to lead an independent lifestyle and provide self-care.

If a disabled child is placed in a residential institution, he retains the right to housing. An apartment is provided, which must be equipped with the necessary equipment for comfortable living. The specific set of special tools depends on the individual rehabilitation program and the patient’s condition. If such housing becomes available, other disabled people may apply for it first, rather than those on the regular waiting list.

In addition, such persons may qualify for priority receipt of a land plot for individual housing construction, dacha or gardening. According to the law, a plot must be provided in the region of residence and only with the consent of the applicant. To do this, an application with a certificate of disability is submitted to the municipality.

Documentation

First you need to register for low-income people who need to expand their living space. To do this, a certain package of documents is submitted:

1. certificate of disability of the child;
2. account opening statement;
3. extract from the house register;
4. a program designed to rehabilitate a child;
5. other documents at the request of the municipality.

In order to qualify for housing, it is necessary to confirm the child’s disability and the reason for its occurrence. Along with other documents, documents confirming the presence of a chronic disease are provided. The need for housing specifically for the child is confirmed. After submitting documents, a medical social examination is carried out.

Compensation for accommodation

Federal legislation does not provide for compensation for the purchase of housing, but it is provided at the regional level. If a family has the means to purchase housing, local authorities allocate funds to partially finance the costs.

Families living with disabled children are provided with compensation to pay for housing maintenance. The cost of utilities such as gas, water, sewerage, heating and electricity is reimbursed for the child. In this case, other family members will have to pay utility bills in full. If a child is sent for treatment or rehabilitation, housing rental costs are reimbursed.

Since 2015, compensation for expenses for major home repairs has been abolished if a family has bought an apartment.

According to the decision of the Constitutional Court of the Russian Federation, Art. 57 of the RF Housing Code does not contradict the basic law of the country, but needs clarification. The Constitutional Court of the Russian Federation indicated the need to provide housing out of turn not only to a child with a disability, but also to his entire family. The Constitutional Court of the Russian Federation has prohibited the separation of families if the right arises specifically for the child. According to the law, in case of disability, housing is provided taking into account one caregiver. But if the disabled person is a minor, it is unacceptable to separate the family or provoke it into giving up living space.

If housing is provided only to the child, the family will not be able to fully enjoy it. In this case, you will have to either live separately or not use the apartment if you have to pay for it. This contradicts Art. 40 of the Constitution of the Russian Federation, according to which the state protects motherhood, childhood and family.

The reason for the decision was an appeal from a large family from Ufa, which is raising a disabled child. According to the decision of the district court, government authorities had to allocate an apartment of 84 square meters for the family. m. But they appealed the decision to the republican court, which overturned the previous decision and decided to allocate an apartment for the child with an area of ​​42 square meters. m. with the possibility of living with the mother. The Constitutional Court of the Russian Federation put an end to the matter, pointing out the inadmissibility of family separation.

In addition, since 2016, assistance has been provided to mortgage borrowers. The program also included persons caring for children with disabilities. If certain conditions are met, they can count on partial compensation for the mortgage payment.

Thus, children with identified disabilities are given the opportunity to improve their living conditions together with their families. It is necessary to prepare a standard package of documents and provide other requested documents. If the municipality provides housing only for the child, the family can defend its interests by referring to the clarifications of the Constitutional Court of the Russian Federation.

Raising a child with a disability is a big challenge, especially financially. Considering all the difficulties that parents may encounter, government support is relied upon. It is aimed at various areas of life. Often help is not only monetary, but also social.

It is worth noting that benefits and discounts are provided not only to the child himself, but also to his parents or guardians who are raising a disabled person. This applies to many areas, including payment of utilities, as well as preferential purchase of housing.

Who is assigned the status of a child with a disability?

Unlike adults with disabilities, there are no categories for children, namely groups. That is, until a person turns 18 years old, he can only receive the status of a disabled child. To obtain such documents, it is necessary to undergo a medical social examination, after which specialists will determine whether such status can be given to the subject. If this is possible, the child and his family will receive certain benefits, monetary compensation and other privileges.

Only Russian citizens who have not yet turned 18 years of age can obtain child disability status. A positive response from the commission is received by children who have a pronounced impairment of body functions, which could occur for congenital or acquired reasons. These may be hereditary diseases or injuries.

Disability can be given to children with a complete or partial loss of the ability to independently care for themselves, move, learn, communicate, or navigate in space. Often, special social protection measures are provided for this category of Russian citizens, some of which are aimed at the rehabilitation of the patient.

A child with a disease or dysfunction of the body who is unable to care for himself can receive the status of a disabled person. That is, he definitely needs a person who will look after him. If a child has a serious illness that is not an obstacle to normal life activities, he will not be given a disability. For example, if a child is diagnosed with diabetes mellitus, but without serious complications, such as renal failure or diabetic encephalopathy, he will not be able to receive disabled status.

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How long does it take to confirm disability?

Depending on the type of disease, the child may be given disability status for 1 or 2 years, 5 years, or until adulthood. In the first case, there will be a high probability of recovery, that is, special status is given for a maximum of 2 years if experts give favorable prognoses. In most cases, disability for a 5-year period is issued upon re-examination by a medical social commission. Often this is the amount of disability status assigned when malignant neoplasms are detected. In the most serious cases, status is granted immediately until adulthood.

The full list of ailments for which a child is assigned a disability is specified in the government decree. There is a list of 23 diseases, including oncology, absence of important organs, and musculoskeletal pathologies.

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Benefits for guardians and parents raising children with disabilities

According to the law, a disabled child is equal to an adult with limited physical capabilities. That is, a child can receive the same benefits and allowances as an adult disabled person. However, here it is taken into account that their parents or guardians are responsible for children, so part of the benefits is provided to them. Considering that it is mothers and fathers who bear the greatest burden of caring for, providing for, rehabilitating and treating a child with a disability, they are offered a number of benefits, both financial and social.

Conventionally, all the benefits that a parent raising a child with a disability can receive can be divided into 5 categories. These are labor, housing, pensions, medical and tax areas.

Considering that a child with a disability requires significantly more care from parents, the mother or father of a disabled person is entitled to an additional four days off per month and a longer vacation, to which 14 days are added. Moreover, parents have the right to shorter working hours. Despite the shorter working hours, the wages of employees raising children with disabilities must be maintained in full.

The parent of a child with a disability has the right to refuse business trips and work on holidays and night shifts. In addition, mom or dad can count on earlier retirement.

In addition to labor benefits, tax advantages are also provided for parents of a child with a disability. For example, they can receive 3,000 rubles monthly as a tax deduction.

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Housing benefits for disabled children

The government is trying to support vulnerable segments of the population as much as possible, including people with disabilities. A child with disabilities requires special living conditions, and not all parents have the financial ability to provide the required level and comfort of housing. For such cases, Russian laws provide special benefits for improving housing conditions. The documents that define the procedure for obtaining this benefit were signed more than 20 years ago. And in our time, housing benefits are successfully issued for families with disabled children.

The peculiarity of this state assistance is that the period in which the family is registered and on the waiting list as needing more square meters plays a huge role. Those who completed all documents before the beginning of 2005 are entitled to receive monetary compensation. If the family registered for improved housing conditions later, this unit of society may be given living space under a social tenancy agreement.

The timing of receiving square meters directly depends on when the documents were drawn up, since the order plays a big role here. Some have to wait for several years for their apartments, but there are also certain categories that receive housing without a queue. This includes families raising children with severe forms of chronic illnesses.

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Conditions for obtaining housing

The main reason for being placed on the waiting list in a special category is a certificate stating that a given unit of society really needs more convenient real estate. To obtain such a document, you must meet certain requirements of Russian legislation.

First of all, those families who live in very cramped quarters can count on receiving a subsidized apartment. Russian legislation officially establishes the minimum required for one family member. If the apartment is smaller, then you can submit papers to expand your living space.

Those families with disabled children who currently live in premises unsuitable for normal life can move to a new apartment, that is, the housing may not meet technical or sanitary standards.

Those units of society that live in communal apartments or those who are not related to a disabled child are registered with them in the same living space have the right to submit documents to improve their living conditions. Both families living in dormitories and those who have to rent apartments due to the lack of their own square meters can register on the waiting list for improved housing conditions.

If a child’s illness is severe, he will be given an apartment out of turn. This is especially true in situations where the illness is so serious that it does not allow the disabled person and other people to live in the same area.

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Documents for registration of a preferential apartment

In order to receive the required square meters, a family raising a child with a disability must register as needing normal housing. This procedure is carried out in the local government. To do this, it is enough to collect a certain package of documents and wait for your turn. If you wish, you can transfer papers through one of the multifunctional centers, which are becoming more and more common in populated areas these days.

To get on the waiting list for an apartment, you must write an application expressing your desire to receive the required living space. In addition, the package of documents must include an extract from the house register from the place of residence, a certificate of disability of the child, a program of individual medical rehabilitation of the patient, all kinds of papers from medical institutions and BTI and a certificate of opening a bank account.

Only those families raising children with official disabled status can apply to receive real estate from the state. This must be documented.

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Housing benefits

In addition to the fact that a family raising a child with a disability status is entitled to an apartment on a preferential basis, parents also have the right to receive other social benefits related to housing.

For example, a family has the right to a 50% discount on utility bills. This is possible for those apartments that were transferred under a social tenancy agreement.

In addition to the fact that a family can be provided with an apartment, land plots are also issued. We are talking not only about the territory for the construction of housing for disabled children, but also for running a farm or gardening. In cases where the local city administration has vacant plots of land, families with disabled children should receive land first.

It is also worth noting that benefits for apartments for children with certain diseases can be expanded. For example, if parents are raising a child with tuberculosis, HIV infection, leprosy, tracheostomy and other serious illnesses, the number of square meters that the family can receive may be twice as large. A complete list of diseases can be seen in Russian Government Decree No. 817. In total, the list includes 10 diagnoses.

What to pay attention to when making an application?

The application must contain the following points that reflect the essence of the document.

1. The name of the institution where the documents are sent is indicated.
2. Applicant's initials.
3. Registration or residence address.
4. List of persons who live in the property.
5. The reason that is the basis for the appeal.
6. The fact of confirmation of the above grounds.
7. Documents are listed.
8. Date and signature are added.

It is necessary to indicate the details of the documents and strictly follow what is written on the official forms. You should not make mistakes or inaccuracies. It is better to use a computer to fill out. If you write by hand, your handwriting should be clear and neat.

Payment terms

The money that a disabled child is entitled to in the form of a subsidy for the purchase of housing will be transferred to the beneficiary only when it is his turn. The fact is that the regional budget is financed from the federal budget. As soon as funds arrive, those first in line are notified.

If you are not notified, it means there was no funding or your turn has not yet come. As a rule, the waiting list for a disabled child to receive a subsidy can last from one to five years.

Even if a disabled child becomes an adult, this does not in any way affect the fact of receiving state support. The citizen retains the right to receive government assistance for the purchase of housing.

Conclusion

It is up to the parents or other legal representatives of a disabled child to deal with issues of receiving a subsidy. Therefore, carefully read all the necessary nuances of the procedure, and in this case you will be able to improve your living conditions, as well as provide your child with the best conditions for living and treatment.

The rights of a disabled child to housing is a legal mechanism that protects the interests of citizens with disabilities from attacks by third parties. Assistance to such persons is a priority and obligatory for the state. This is due, first of all, to the characteristics of such children. Living with a large number of relatives, he feels uncomfortable because he needs certain living conditions.

Relatives may not use this right if they do not need state support. But often such special people have physical limitations, which causes additional troubles for parents or guardians. Satisfying household needs becomes a problem for everyone in the living space.

The current legislation of the Russian Federation has invented a special mechanism by which every disabled child receives the right to purchase housing. Article 17 of Federal Law No. 181, adopted on November 24, 1995, regulates these legal relations.

Registration

The law does not provide for restrictions on obtaining housing for this category of citizens. The only limitation is the registration time. The preferential category is divided only into those who registered earlier than January 1, 2005 and those who registered later. Those children who died earlier than the designated date have the right to receive money from a specialized fund from which veterans of the Great Patriotic War receive subsidies. In addition, they have every right to purchase an apartment on social rental terms.

The rights of citizens who registered after such a date are regulated by Article No. 57 of the Housing Code of the Russian Federation. Only disabled people with a severe form of chronic illness receive housing without priority.

Conditions

All conditions for receiving and categories of families that need improved housing conditions are specified in the document Resolution of the Government of the Russian Federation No. 901. The document stipulates all the rules for registration, as well as the circumstances and conditions.

The legislation guarantees the provision of housing to those families who:

• have an area below the standard quadrature specified in federal law;
• have an apartment that does not meet sanitary and technical requirements;
• Several other families live on the territory;
• raising a disabled child with severe chronic illnesses;
• living conditions are so cramped that a disabled child is forced to live in the same room with citizens who are not related to him;
• live in a dormitory;
• live in a rented apartment.

Required documents

To receive housing from the state, you must register as a disabled person as early as possible. The production is carried out by the local government body. At their place of residence, relatives are required to submit an appropriate application to recognize them as in need of improved housing conditions.

To do this you must provide:

• an extract from the house register;
• medical document confirming loss of ability to work;
• rehabilitation program;
• a certificate from the bank confirming the presence of a personal account.
• other supporting documents.

Medical documents must substantiate the cause of disability and acknowledge the fact of disability. In addition, it must be indicated that the citizen needs separate living space. All this is established by a medical social examination.

The government does not require a disabled child to submit documents. A representative has the right to do this using a legally certified document - a power of attorney. Relatives and guardians of a special child have the right to do this with his consent.

Housing space standards are set by the local government.