Rights of disabled children and their parents: protection of important people! Home-based social services. How does a medical examination commission work?

The editor receives many letters with questions about the rights of people with disabilities. “How long can you mock disabled people of non-retirement age who have no legs? Every year we have to come and undergo a commission at the clinic and VTEK,” asks a group of young disabled people from Moscow. Nikolai Konstantinovich Zharov from Orekhovo-Zuev is interested in whether he is visually impaired due to the loss of an eye after unsuccessful treatment. What to do if you are denied a disability group? - sounds in almost every letter. It is difficult for an uninitiated person, especially a sick person, to understand the intricacies of laws, especially since new regulations are constantly appearing that cancel or supplement the previous ones. Therefore, we asked lawyer Lyubov Vasilyevna SAMOILOVA to comment on the legislation of the Russian Federation on the protection of people with disabilities.

A DISABLED person is a person who has certain impairments of bodily functions and limitations in life activity, who has the right to social assistance according to the Constitution of the Russian Federation and the legislation of the Russian Federation on the rights of disabled people of I, II, III disability groups, children of the category "disabled child" under 18 years of age . Legislation on the classification and criteria for establishing a disability group by medical and social authorities in Russia is constantly changing as the names of government agencies dealing with this issue change. According to the old laws, the loss of one or half of an organ, a hand, an eye, the inability of the body to fully perform the functions required by the laws of nature was considered by the VTEK bodies (later renamed ITU) as a loss of vital human functions, entailing loss of ability to work. Replacing a severed leg, an eye removed during surgery, or a severed gallbladder is impossible, with the exception of amazing isolated cases described in medical advances. In the era of the recent past, no one doubted that a person without one arm was disabled. The only question was what category of disability to assign: third - working or first, second - non-working, on which the amount of pensions and benefits depended.

Reform for reformers

PREVIOUSLY, the state limited the ability to work for disabled people of groups I and II, and deprived working disabled people of group III of disability pensions and disability benefits. In recent years, disability legislation has equalized the rights of disabled people of all categories. Now they all have the right to work with the preservation of disability pensions, benefits for travel in transport, payment utilities, purchase of medicines, subsidies for Spa treatment.

As soon as our disabled people perked up, they were hit by the 2004 reform, which envisaged, from January 1, 2005, the replacement of benefits for the purchase of medicines and treatment, corresponding in volume and quality to world standards, with Russian rubles. Each region, city, district, as God pleases, takes into account its disabled, poor and citizens in need of benefits and subsidies. And while they are in a panic, they are discussing: take money that is incomparable with the cost benefits, or wait for a preferential voucher, the Government of the Russian Federation in the spring - summer of 2004 liquidated all the old government health and social security agencies, the apparatus of the Ministry of Health and Pension Fund merged into the new Ministry of Health and Social Development. And now old officials, receiving considerable salaries, are kicking citizens in a new way, explaining that they are not responsible for the debts of the former Ministry of Health and the Pension Fund. So that the gentlemen of the Ministry of Health and Social Development do not lie, I draw the attention of taxpayers that Minister M. Yu. Zurabov, according to the regulations of the Government of the Russian Federation M. E. Fradkov, is entrusted with ALL the highest government control and supervision over the distribution of medicines between patients, quotas for high-tech treatment, the appointment and payment of pensions and benefits for disabled people.

Officials, called upon to defend the interests of taxpayers, in fact defend the clannishness and closedness of the system of benefits, issued in doses and to a select few. Appealing to higher medical and social experts the refusals of lower medical and social examinations to establish and extend the disability group is fraught with additional diseases, heart attacks, strokes, and neuroses. The responses from officials are usually of the same type. The sick and disabled person is to blame for everything - both for his illness and for wasting the time of health care workers and social services. Suspicions of faking one's shortcomings are extremely offensive and painful for a disabled person who is asking not for a handout, but for what is required by the laws of the Russian Federation. No wonder bribery is widespread. In order not to be humiliated, but to quickly and without insults receive a group, a pension, and benefits, people pay bribes. There is no strength to sue for red tape, our disabled people are happy that they were given a group, and forgive all insults to ITU officials. But in vain the citizens condone ITU experts, they do not punish them with rubles for their tricks - red tape and profanity. This leads to the fact that each new disabled person goes through the same circles of hell as the previous one. It is much cheaper to hire one lawyer for 10 people and file 10 lawsuits, instead of going to court alone. When exposing ITU members with the help of independent consultants or an independent medical and social examination in court they quickly calm down and issue certificates for disabled people.

There are also independent

I ADVISE disabled people who have been offended by regional ITUs to contact independent experts licensed to issue expert opinions on determining the grounds for establishing a disability group. There are many such experts. They can be found in the registers of issuing licenses for the specified expert activities available in licensing authorities, the activities of which cannot be classified for a citizen. Information about the presence in our country of experts licensed to conduct inspections of complaints from disabled people about illegal refusal to establish a disability group does not constitute a state or military secret and should be issued freely by the authorities issuing such licenses. Searching for experts is possible by all legal means - in expert institutions of the Ministry of Health and Social Development and the Ministry of Defense, which conduct examinations independent of health authorities. Their specialists will issue an expert opinion and check the arguments of the disabled person about the existence of grounds for establishing a disability group.

Territorial insurance medicine is also obliged to carry out an inspection of the complaint of a disabled person insured in a given region, since failure to assign a disability group directly infringes on his rights to preferential provision of medicines and treatment methods, and travel vouchers. In October 2004, by order of the Government of the Russian Federation, a new board of the Federal Mandatory Fund was formed. health insurance(FFOMS), again represented by the Minister of Health and Social Development M. Yu. Zurabov, his deputy V. I. Starodubov and the State Duma deputies and representatives of other structures who joined them.

So, you can now contact the new board of the Federal Compulsory Medical Insurance Fund directly for assistance and payment for expert consultations in the event of an illegal refusal to issue a disability group. (Address: Moscow, Rakhmanovsky lane, 3, or: Novoslobodskaya st., 37, - to the director of the FFOMS A. Taranov.) It is a pity that such famous lawyers as Heinrich Padva, Henry Reznik, Anatoly Kucherena, and other lawyers involved in the trials of famous oligarchs, authorities and public figures do not protect the rights of people with disabilities. After all, big money can be obtained even with properly organized lawsuits in their defense. Claims in court are not subject to state duty, but the winnings of damages from legal entities can be divided in half with the disabled client. Without an experienced lawyer, it is difficult to sue government agencies. Cases in this category are characterized by red tape in the courts. Lawyers on the opposite side take advantage of government agencies over the complainant, who is not versed in the intricacies of our social laws , changing so often that in court it is necessary to expose the officials themselves of ignorance of the new legislation and own orders

and instructions. But sometimes even a simple complaint from a disabled person in writing to the authorities of the local medical and social examination agency helps.

In CONCLUSION, I can note as a lawyer that, in my opinion, the Decree of the Government of the Russian Federation of August 13, 1996 N 965 “On the procedure for recognizing citizens as disabled” and the regulatory documents approved by this resolution are simply improperly executed and interpreted by medical and social examinations. For example, the list of diseases for which the disability group is established without specifying the period for re-examination, approved by the Ministry of Health of the USSR and the All-Union Central Council of Trade Unions on August 1, 2, 1956, does not apply. According to clause 28 of the Regulations on recognizing a person as disabled, “re-examination of disabled people of group I is carried out once every 2 years , disabled people of groups II and III - once a year, and disabled children - once during the period for which the child is classified as a “disabled child.” Disability is established before the first day of the month following the month for which the re-examination is scheduled.” . In accordance with paragraph 29 of this Regulation, “without specifying a period for re-examination, disability is established for men over 60 years of age and women over 55 years of age, disabled people with irreversible anatomical defects, and other disabled people” - in accordance with the approved criteria. If independent experts consider the absence of an organ and the presence of phantom pain or other consequences to be irreversible anatomical defects, the disabled person must demand in court in a lawsuit against the ITU recognition of the right to receive unlimited group disability.

Personally, at the age of 15 in 1969, VTEK in Domodedovo installed permanent disability Group III for the loss of one finger and a hand injury at the factory. I have not used benefits for this disability group almost all my life; I started using it in 1998, when group III was equated to group II. But at the same time, I did not go to the re-commission, I saved myself from the moral humiliation of having to prove that a new finger on my hand had not grown and I still feel phantom pain in the finger cut off by the machine. The employees of the pension department of the administration of the Sovetsky district of Orel were very surprised when I registered with them as a permanent disabled person of group III, and they put a stamp on my 1969 disability certificate stating that I could ride the train for half the price. Which is what I use until this benefit is taken away from me. If I had not worked and lived only on a disability pension of group III, I do not rule out that I would have undergone a bullying re-examination according to the latest anti-social criteria, applied in violation of the rights and benefits of people with disabilities previously established by the Constitution of the USSR and laws of the USSR.

The terms “disabled person” and, as we now say, “person with disabilities” mean an individual who, due to a persistent disorder of any bodily function, has health problems. A prerequisite for recognizing a person as disabled is the presence of a disability, complete or partial. This means that a person is unable to fully move, work, communicate, serve himself or, constantly or periodically, control behavior.

Depending on the extent to which body functions are impaired, a disability group is established.

By what criteria can an individual receive the category “Group 3 Disabled Person?” What benefits are granted to a person who has received this status?

Recognition of the third disability group: criteria

Order of the Ministry of Labor dated December 17, 2015 No. 1024n establishes the criteria by which one can apply for recognition of the third disability group. It is characterized by minor violations speech (language), mental, static-dynamic, sensory functions, functions of the circulatory system, as well as physical deformities.

In accordance with this legislative act, such a basis is considered to be persistent minor or moderate existing impairments of the functions of the human body, 40-60%, caused by the consequences of injuries, diseases or defects, if they entail restrictions on life activity.

A medical and social examination, upon the direction of the attending physician, has the right to recognize a disability or refuse the status of “Group 3 Disabled Person”. What benefits are given to one or another category are determined by the following federal laws and local regulations of the Russian Federation.

Disability pension, EDV

Since the last indexation, 02/01/2016, the amount of social pension paid to a person recognized as a disabled person of the third group is 4053.75 rubles monthly. Also for all categories of disabled people there are For the third disability group they amount to 1236 rubles.

Very often, people with the appropriate status are interested in: can the payment of a disability pension be suspended when the recipient gets a job? There are no such restrictions in current laws. Pension accruals will in no case stop if the pensioner finds a suitable place of work and receives a salary. Another thing is access to a pension. You can only receive one type of pension, but the pensioner has the right to choose a category.

Types and categories of benefits that can be provided to a disabled person

To make it easier to understand in cases where a person has a group 3 disability category, what benefits are due according to Russian legislation, we can roughly distinguish the following types of preferential provision:

1. Division by The presence of specific circumstances in the event of an injury (illness) resulting in disability gives the right to additional benefits and compensation, for example, the category “disabled since childhood” or “disabled from combat.” In the absence of such reasons or documents confirming the specific special circumstances of receiving the disease (injury), the person receives the status of “group 3 disabled person”. general illness", benefits in this case are paid only in accordance with this disability group.

2. Division according to the form of providing benefits to disabled people:

material (monetary): these include, for example, fees;
medical: right to free medical treatment, And so on;
benefits in kind: free or reduced-price provision of food and (or) hot meals, provision of canes, strollers, motor transport, etc.;
moral (status) benefits that give a preferential right to something.

3. Division by frequency:

the most common category is monthly benefits, for example, for payment or for obtaining necessary medications;
annual (sanatorium treatment, etc.);
one-time or long-term benefits: these include major renovation on a free or preferential basis, installation of a landline telephone, radio point, etc.

General benefits for people with disabilities

It probably makes sense to start with the general preferential compensation provided for by federal laws for all categories of people with disabilities. Let us clarify: even the benefits prescribed by law for all categories of disabled people may vary in size or specifics of provision depending on the disability group. It is quite logical that group 1 most often involves greater compensation than benefits for disabled people of groups 2 and 3, since the former have significantly more limitations in their life activities.

In addition to the right to receive a cash benefit, which was discussed above, and the right to its regular indexation, there are other general benefits that a group 3 disabled person enjoys. What benefits are available to all people who have a disability or are raising a disabled child?

First of all, this is the possibility of obtaining (purchasing) a land plot on the basis of ownership rights - under individual construction housing or subsidiary (country, garden) farming.

The right to a preferential (and for some categories, free) purchase of a specially equipped car or stroller. This includes the right to compensation for the disabled person’s expenses for operating such a vehicle.

People with disabilities who have a monthly income less than the minimum subsistence level established by law also have the right to use social protection services (social worker) free of charge.

It is worth noting that the amount of benefits for disabled people of group 3 due to a general illness may differ significantly, for example, from the compensation provided for groups 1 and 2. For this reason full information It makes sense to check with a social services specialist about available federal and regional benefits in each individual case. protection. In addition, regional legislative acts determine what benefits disabled people of group 3 enjoy in each specific region of the Russian Federation.

Housing and communal services benefits for disabled people

Federal legislation provides the following utility benefits to disabled people of group 3: a disabled person has the right to receive a refund of 50% of the amount he spends monthly paying for housing and housing and communal services through the Pension Fund. It also provides the same compensation for the purchase of fuel for home heating.

Major renovation. Are there any benefits for the third group?

Let us separately consider such a legislative “innovation” concerning monthly expenses as the relatively recently introduced payment item “for major repairs”. The short validity period for today and some “vagueness” of information on this topic on most resources makes answering the question about benefits for major repairs difficult. According to the current legislation, people with disabilities, regardless of their group, have the right to benefits - payment of only half the amount for major repairs of housing stock.

Tax benefits

The main “tax assistance” from the state for group 3 disabled people is exemption from income taxes. They are not subject to all payments and benefits that a disabled person receives from the state, assistance from philanthropists, state pension, and the cost of vouchers for sanatorium treatment (except for tourists).

The same applies from the employer, if the employee retired due to disability, and compensation for receiving medicines from the employer, but in the amount of up to 4,000 rubles.

There is a preferential system for paying transport tax: a car purchased by a disabled person upon application to the social security authorities is not subject to tax. But the law stipulates that it must be a vehicle with an engine of no more than 100 horsepower, equipped with special devices or a special design. Most often, the country of origin of such “special” cars is Russia. Benefits for disabled people of group 3, unfortunately, do not apply to taxes on gifts or inheritance - this tax burden will have to be paid in full.

Social services. Free medicines

People with disabilities can receive considerable support from receiving social benefits. in this domain?

Part of the monthly cash payments is provided to the disabled person in the form of a “package” of social services:

Providing “preferential” free medicines. A doctor or paramedic at the clinic at the place of registration has the right to prescribe them for medical reasons: based on the diagnosis, but strictly in accordance with the List of Medicines approved by the Ministry of Health and Social Development. There are also benefits for purchasing medications not listed on the list at reduced prices.
Discounts in the area of receiving sanatorium-resort treatment, provided in each individual case either free of charge or at reduced prices - such assistance is provided for medical reasons. Compensation once a year in the amount of half the cost of all intercity transport costs.
Preferential travel in city and suburban passenger transport.
Providing or assisting in the acquisition of medical products.

If desired, from receiving all or part of the benefits " social package» A disabled person can refuse by submitting the following application to the social security authorities.

In this case, restore the benefits replaced monetary compensation, it will be possible only from the beginning of the year following the time when the application for restoration of preferential compensation is submitted.

Home-based social services

As it was said, disabled people of the third group, whose income is less than the required subsistence level, can apply for free assistance in the form of home-based services.

This may include assistance in the delivery of medicines and groceries, maintaining hygienic conditions in the home, obtaining medical care and even the necessary legal assistance.

There is also an opportunity to receive paid services that can be obtained by disabled people of any category. The list of paid social services approximately includes offers from cleaning and washing dishes to assistance in registration in government departments.

Benefits upon admission to an educational institution and upon receipt of training

Group 3 disabled people have the right to non-competitive admission to an educational institution only if positive results on entrance exams and absence medical contraindications to learning. Disabled students are required to receive a scholarship, the amount and receipt of which does not depend on the level and performance of their studies.

Benefits for unemployed people with disabilities

What benefits do disabled people of group 3 who are officially in unemployed status enjoy? Their list is as follows:

purchasing necessary medications with a 50% discount;
compensation once a year in the amount of half the cost of all intercity transport costs (to the place and back) to the city of sanatorium treatment;
preferential discounts when purchasing certain types of orthopedic shoes.

Benefits in the field of labor and employment

When considering preferential compensation for a working person with disabilities, it would be useful to dwell on the following question: do disabled people of group 3 have benefits when applying for a job or during their work activities?

The first thing you need to focus on is that the disability of this group is not a reason for refusal to be employed in a job that is suitable for medical reasons. Moreover, according to current labor legislation, an enterprise that employs more than 100 employees is required to have specially equipped workplaces for people with disabilities and to employ disabled employees.

Another important condition that the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” imposes on employers is that it is unacceptable to conclude an employment contract with a disabled employee during employment that will in any way infringe on his rights in comparison with employees who do not have disabilities. For example, if we're talking about about a reduction in salary for performing the same work.

If we talk about what benefits a group 3 disabled person employed in production has, then at the beginning of 2016 the following list was in effect:

annual leave for an extended period - from 30 calendar days;
the right to annual leave without pay (save wages) - up to 60 calendar days;
compensation of 50% of the payment for sanatorium-resort treatment, including travel to the place of treatment;
it is prohibited to engage in work on weekends and holidays or overtime without the written consent of a disabled employee;
social benefit for the purchase of medicines at half the cost.

If an employee is disabled in group 3 due to a general illness, the Labor Code does not provide benefits for layoffs. But there is an exception. In the case where a shortened working day is stipulated in the conclusion of the medical commission, the employer has an obligation to reduce either the length of the shift or the working week, but without restrictions in anything else.

What does the status of “childhood disabled” mean?

Additional preferential compensation, although not too large, is received by a group 3 disabled person since childhood. The benefits provided to people with this diagnosis mainly relate to tax payments:

exemption from property tax (but only on the property of an individual);
for a person with disabilities in this category who opens his own business, an exemption from the registration fee is provided;
in case of receiving a warrant for an apartment, the mandatory monetary fee is also not charged;
land tax: on a plot (or one of the plots) owned by a disabled person from childhood, the tax base should be reduced, and the amount of the “discount” today is 10,000 rubles.
tax deduction for personal income tax: in the amount of 500 rubles/every month, which is included in the tax period.

Thus, people with disabilities have many legislative concessions to ensure them a normal and comfortable life in society.

The health impairment must be:

persistent;
caused by disease, injury or defect;
obvious, i.e. there is a complete/partial loss of self-care or cannot communicate, control themselves, or learn.

A child is considered disabled from the moment his status is registered and, as a result, he receives a pension certificate. We have already written in detail about the rights of disabled people of group 1 in Russia.

For education

Article 19 of the Federal Law of November 24, 1995 N 181-FZ The state ensures the necessary rights of disabled children to receive education, which is accessible to the public. The following types of education are provided free of charge in state and municipal institutions:

preschool education (kindergarten);
general education: primary, basic, secondary (school: 1-4, 5-9, 10-11 grades);
secondary vocational education (technical school, college);
higher education (institutes, universities, academies).

General and secondary vocational education is carried out according to adapted and/or individual educational programs for the rehabilitation of disabled people.

Separately, it is necessary to say about the education of disabled children in schools. Depending on the nature of the disability, children can learn both regular schools, where they should be provided with psychological and pedagogical support, and in special correctional schools. If there is no correctional school in your region or the child is unable to attend school due to health reasons, parents choose one of three options:

Training at the Distance Learning Center (DLC), where students are enrolled; training is carried out by teachers of the Central Educational Center (Letter of the Ministry of Education and Science of Russia dated December 10, 2012 N 07-832 “On the direction of Methodological recommendations for organizing home education for children with disabilities using distance learning technologies”).
at home: employees educational organization come to the child’s home or to the medical institution where the child is undergoing rehabilitation. This requires a written request from the child’s parents/representatives and a conclusion from a medical organization.
at home in the form of family education(Letter of the Ministry of Education and Science of Russia dated November 15, 2013 N NT-1139/08 “On the organization of education in the family form”). In this case, parents take on the responsibility of providing purposeful organization of learning and knowledge needed in everyday life. However, the school is not responsible for the quality of education. Training occurs with the simultaneous obligation of the student to pass intermediate and state certification at school. This form of education can be changed with the consent of the parents and the opinion of the child.

Disabled children can enter, within the established quotas for budget places, higher/secondary vocational educational institutions, provided they pass entrance exams.

Art. Art. 17 and 28.2 Federal Law of November 24, 1995 N 181-FZ it is stipulated that due to budget funds of federal significance, families with disabled children are provided with residential premises if they need to improve their housing situation. Disabled children have the right to housing! The procedure for provision is regulated in more detail by each constituent entity of Russia individually.

Procedure for providing apartments for persons registered after 01/01/2005. has two options:

Obtaining an apartment under a social tenancy agreement. It is necessary to contact the authorized body at your place of residence to apply for improvement of living conditions. If the child’s disability is associated with a severe chronic disease, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
Obtaining an apartment under a free use agreement. In Moscow, the size of the premises provided must be at least 18 sq.m. living space per person at the average market value, which is determined in each subject of the Russian Federation separately. The application is submitted to the Department of Housing Policy and Housing Fund of Moscow.

Decree of the Government of the Russian Federation of July 27, 1996 N 901 “On providing benefits to disabled people and families with disabled children, to provide them with living quarters, payment for housing and utilities” to families with disabled children the following benefits are provided:

a 50% or more discount on payment for a state or municipal apartment, payment for utilities and telephone subscription fees;
a 50% or more discount on fuel payments in houses without central heating;
priority right to receive a plot of land for private development, dacha farming/gardening is granted.

The right of disabled children and their family members to receive cash payments

disabled children receive monthly cash payment (MAP), which is indexed once a year. In 2015 it is 2,123.92 rubles. If a child is simultaneously on EDV for different reasons, then the parent/representative is given the right to choose to receive EDV on one basis (Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ).
disabled children receive monthly social pension for disability and allowances for it. In 2015, the amount is 10,376.86 rubles. (Federal Law of December 15, 2001 N 166-FZ “On state pension provision in the Russian Federation”).
able-bodied persons who care for a disabled child receive monthly cash payment(Decree of the President of the Russian Federation dated February 26, 2013 N 175 “On monthly payments persons caring for disabled children and disabled children of group I since childhood"): - parents/adoptive parents/guardians/trustees of a disabled child under the age of 18 or a disabled child of group I in the amount of 5,500 rubles; - to other persons in the amount of 1,200 rubles.

This payment is summed up with the pension established for the disabled child for the period during which he is cared for. One of the non-working parents can receive EDV for the period of such child care.

Rights and benefits of families with disabled children

In addition to receiving cash payments, disabled children and their parents/representatives have various benefits not only in the field of housing. You can receive for free:

Medicines prescribed by law;
Sanitary-resort treatment once a year, with round-trip travel paid;
Medical supplies (wheelchairs, special shoes, etc.);
Medical treatment;
Special literature for children with vision problems;
literature published on tape cassettes and in embossed dot Braille, etc. a) the rights of parents of a disabled child at work Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” provides for additional rights of the mother of a disabled child.
Prohibition of overtime work and sending on business trips without the woman’s consent;
The right to a shortened working day/shortened working week if there are dependent children under the age of 16;
Prohibition of refusal to hire or reduction of salary for reasons related to the presence of a disabled child;
A ban on the dismissal of single mothers at the initiative of the administration, with the exception of cases of liquidation of an organization or the introduction of bankruptcy proceedings.

One of the working parents and the representative of a disabled child is given 4 additional days off per month. The rights of parents of disabled children in labor legislation are described by the reduction of the working day in Article 93 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Chapter 15, Article 93. Part-time work

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

If the child is disabled, do the parents have the right to retire early?

In general, men retire at age 60, and women at 55. This period can be reduced to one of the parents for five years(respectively for men at 55, for women at 50), if the parent raised a disabled person from childhood until he reached the age of 8 and subject to insurance coverage: for men 20 years, for women 15 years.

Guardians of disabled people since childhood, who established guardianship until the disabled child reaches 8 years of age, are assigned an old-age labor pension with an age reduction of one year for every 1.5 years of guardianship, but not more than 5 years.

The main condition is the presence of an insurance period the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years.

A pension is assigned even if a disabled child has died, it is important that parents/guardians raise him until he is 8 years old.

Protection of the rights of disabled children

Persons, regardless of their position, who are guilty of violating the rights and freedoms of persons with disabilities are liable for Article 32 of the Federal Law of November 24, 1995 N 181-FZ.

All disputes arising from the determination of disability, the implementation of individual rehabilitation programs for disabled people, the provision of specific measures and the violation of other rights and freedoms of disabled people are considered in court.

Conclusion

Disabled children are one of the vulnerable groups of the population, therefore, in order to equalize their rights, the legislator has provided for the provision of various rights and guarantees to them and their families. Read about disability rights for children with epilepsy.