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Providing housing for disabled children. Providing people with disabilities with living space. What benefits do people with disabilities have in paying for housing and utilities?

"On social protection of disabled people in the Russian Federation"

Providing people with disabilities with living space

Article 17 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation” regulates the provision of disabled people with living space.

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a rental or rental agreement are subject to registration for improvement of living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state, municipal and public housing stock, occupied by a disabled person under a rental or rental agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises in houses of the state, municipal and public housing stock, occupied by disabled people under a rental or rental agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are given a discount of at least 50 percent on rent (in state, municipal and public housing) and utility bills (regardless of the housing stock), and in residential buildings that do not have central heating , - from the cost of fuel purchased within the limits established for sale to the population.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

The procedure for providing these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for people with disabilities.

Issues of assistance to disabled children are a priority when considering the possibility of providing housing for vulnerable social groups, since a disabled child in the care of parents or relatives requires the organization of special living conditions. Often, persons falling under this category have physical limitations, and therefore, the implementation of their own household and social needs is associated with great difficulties.

The legislation of the Russian Federation provides for a special mechanism that allows families with disabled children to obtain housing. The document defining the procedure and provision of living quarters for disabled children in need of such assistance is Article 17 of Federal Law No. 181, adopted on November 24, 1995.

Division by time of registration

The legislative act itself does not contain gradations according to which only children with disabilities of certain groups. The only factor that affects the quality and conditions for the provision of state assistance in the form of housing is the time period when a person who can qualify for benefits was registered. Thus, the division occurs between beneficiaries registered before January 1, 2005 and after this date.

Those who were registered after the beginning of 2005 are provided with housing in accordance with the provisions of Article 57 of the Housing Code, taking into account the order and time of registration. Disabled children who suffer from severe forms of chronic diseases can receive housing out of turn, according to the second part of Article 57 of the Housing Code.

Conditions for obtaining living space

The grounds for the family of a disabled child to be recognized as one that needs improved living conditions are listed in Government Decree No. 901 of the Russian Federation. This resolution is devoted to the issues of providing benefits directly to disabled people and members of their families. The conditions and circumstances that allow persons in this preferential category to count on state assistance are as follows:

The family of a disabled child is provided with living space, the size of which in terms of each family member is lower than the level established by the legislation of the Russian Federation;
The family of a disabled child lives in a room that is not intended for this purpose - it does not meet sanitary and technical requirements;
The apartment or other type of housing where a disabled child lives is occupied by several families;
Among the seven disabled children there are patients who suffer from certain chronic diseases that occur in severe forms. This refers to diseases in which living with the patient in the same living space is impossible, this is established by employees of state medical institutions;
A disabled child lives in a non-isolated room where people who are not related to him also live;
A disabled child and his family live in a dormitory room, with the exception of cases when such accommodation is due to accommodation for the duration of seasonal work or during training;
A disabled child and his family live for a long time in the premises of the state fund on a sub-rental basis or in living space that belonged to other citizens.

Required documents

In order for a disabled child and his family to receive housing, it is necessary to register as a disabled person in need of improved living conditions. Registration for such registration is carried out by authorized employees of local government bodies, the basis for this is an application. The application and the attached package of documents must be submitted to the relevant authority at the place of residence directly, or through a multifunctional center.

An application is submitted in which a person in the preferential category reports his desire to take advantage of the benefit, and copies of the following documents:

Extract from the house register;
A certificate stating the fact of disability;
Individual rehabilitation program for a disabled person;
Document on opening a personal account and extract;
Documents that document other circumstances, depending on the case (these may be certificates from medical institutions or from the technical inventory bureau).

In order for a disabled child and his family to qualify for housing from the state, the fact of disability must be established. Also, the relevant conclusions must establish the causes of disability and the facts of the disabled person’s need for certain types of social protection. A medical and social examination conducted by federal institutions helps to establish all of the above facts.

The law on benefits granted to disabled children does not determine the procedure for submitting documents - whether a representative can do this legally or whether the beneficiary must do it directly. On the other hand, the law provides for the opportunity for any citizen to delegate his powers to another person using a power of attorney issued by a notary.

Standards for provided living space

The size of the area that is provided under the social contract. hiring cannot be less than certain standards. These standards, according to the law, are established by local governments, depending on many factors. So, in Moscow, these norms are established in accordance with Article 20 of Moscow City Law No. 29 and amount to 18 square meters. meters per person. The provided area may exceed the norm, but this excess cannot be more than twice if this premises is a one-room apartment or room.

In addition, the same norm is reflected in the Federal Law, Article 17 (No. 181-FZ) specifies that the provided area can be increased if a disabled person suffers from a severe chronic disease. The list of diseases is approved and determined by Decree of the Government of the Russian Federation No. 817

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the “norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the “list established by the authorized Government of the Russian Federation federal executive body.

Payment for residential premises (payment for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the “norm for the provision of residential premises area” is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided .

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on the cost of living quarters of state or municipal housing stock and payment of utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Government Decree No. 901 approved the rules for providing people with disabilities and families with disabled children with housing. In particular, paragraph 2 of the above-mentioned resolution contains a list of grounds for recognizing these categories of citizens as those who are in need of improved housing conditions. As part of the provision of residential premises to disabled people, an analysis and assessment of their health status is carried out, as well as a number of other circumstances that deserve attention.

Decree of the Government of the Russian Federation No. 817 contains a list of diseases, in the presence of which disabled people have the right to receive additional living space under a social rental agreement with a total area, that is, an area exceeding the norm provided for. In particular, such diseases are:

Active forms of tuberculosis;

HIV infection in children;

Leprosy;

Mental illnesses, the treatment of which requires clinical observation;

And others.

The amount of payment for social rent, maintenance and repair of residential premises provided to a disabled person under a social tenancy agreement in excess of the norm is determined according to the rule provided for in Part 7 of Art. 17 Federal Law No. 181, that is, depending on the occupied area of the residential premises, taking into account the benefits provided, and is charged in a single amount.

It is envisaged to develop an individual rehabilitation program for a disabled person, on the basis of which the living space occupied by disabled people should subsequently be equipped, that is, special means and devices provided for by the individual rehabilitation program should be installed in it. When specially equipped residential premises of the state or municipal housing stock are vacated, other disabled people in need of improved housing conditions have the priority right to receive such premises.

If the provided individual rehabilitation program presupposes the possibility for a disabled child to perform self-care and lead an independent lifestyle, upon reaching the age of 18 he must be provided with residential premises out of turn in the following cases:

If he lived in an inpatient social service institution before reaching the age of 18;

If he is an orphan;

If he is deprived of parental care.

A discount of 50% is provided for payment for residential premises belonging to the state or municipal housing fund, as well as for payment of utilities, regardless of belonging to one of the funds, disabled people and families that include disabled children are entitled. If a residential building occupied by the above category of citizens does not have central heating, a 50 percent discount applies to the cost of fuel purchased to heat the premises, within the limits established by the relevant regulations for sale to the public.

According to , land plots that are the property of the state or municipal authorities are provided to citizens free of charge in cases provided for by the legislation of the Russian Federation. One of such cases is provided for in Part 13 of Art. 17 Federal Law No. 181. Thus, disabled people and families that include disabled people receive the right to priority receipt of land plots for subsequent dacha, subsidiary farming, gardening, as well as individual construction.

The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995. For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code. Only those persons who suffer from a severe form of a chronic disease can receive a pass without a queue (Part 2 of Article No. 57 of the Housing Code). Living space for a disabled child in terms of standards At the federal level, there is no specific value for the minimum size of housing space that can be provided to a disabled person. This right is granted to local authorities. The number of square meters is affected by various conditions. So, for example, in Moscow, 18 sq.m. are allocated for one person who falls under the category of a disabled person. minimal.

When is additional living space available for disabled people?

Federal Law dated December 1, 2014 N 419-FZ) (see text in the previous edition) (as amended by Federal Law dated December 29, 2004 N 199-FZ) (see text in the previous edition) Disabled people and families with disabled children those in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

How to get an apartment for a disabled child in 2018

Persons who suffer from serious chronic diseases.

Norms of living space per person
What is the standard living space per person?
Acceptance for housing registration.
Housing certificates for military personnel
Housing subsidy calculator for military personnel for the 1st half of 2018
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Standards for living space per person Contents of the article:

Rules for the provision of residential premises
Sanitary and social standards
What is an accounting standard?
Where will the size of living space be taken into account?
Who is entitled to additional meters?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Providing people with disabilities with living space

It is worth noting that the Ministry of Health of the Russian Federation has already approved a new list, within the framework of which the list of diseases required to receive benefits is being clarified. It will enter into legal force immediately after the cancellation of the previous document at the first request of the Russian Government.

As part of the program for improving living conditions, the fact that disabled people who permanently live in inpatient medical institutions is subject to registration to improve conditions, regardless of the size of the area. They are provided with the same benefits as other categories of disabled people.

Sample application for registration for improvement of living conditions and the right to additional living space Provision Rules Providing persons with disabilities with residential property is carried out on the basis of the standards prescribed in Article 17 of the Housing Code of the Russian Federation.

Acceptance for housing registration.

Important

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation. Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power. (edited)

Article 17. Provision of housing for disabled people

Additional square meters are allocated in the format of a separate room and only on the basis of the presence of a list of diseases approved in special Resolutions of the Government of the Russian Federation. Citizens who fall under the category of those in need can receive additional living space for comfortable living in the amount of 15 square meters.

Attention

Programs and compensation At the regional level, in some cases, additional grounds may be provided for recognizing persons with disabilities as needing housing property. For example, citizens with the first or second disability group, who have been permanently registered in the city of Moscow for at least 40 years, may fall under the needy category, regardless of the specific standard.

Additional living space

Who has the right and according to what standard In 2018, the standard for the provision of residential premises under social agreements is the minimum number of square meters, depending on which the total size of housing provided under the relevant agreements is determined. The standards under consideration are always determined by competent representatives of municipal authorities, taking into account many factors.
The accounting standard for residential premises can be considered the minimum size of living space. Its size cannot be higher than the provision rate determined at the local level. Such criteria are applied only to register citizens of the Russian Federation as a category in need. It is worth noting that municipalities have a fairly wide range of powers within the framework of determining accounting standards, which provides for a certain responsibility for decisions and regulations made.

Providing living space for disabled people in 2018

When providing residential property to families that include disabled children, a certain condition must be met that such persons do not have separate apartments that belong to them as property rights. As for the additional rules on provision, they are fully determined on the basis of the Federal Law on the Protection of Persons with Disabilities on the territory of the Russian Federation.

Disabled people can count on receiving apartments under standard social agreements with a total area exceeding the norm determined for one specific person, but not more than twice. This is only possible in cases where the citizen suffers from a serious illness.

The current list of such diseases is given in the special Decree of the Government of the Russian Federation No. 817 of December 21, 2004.
Families raising children who are officially recognized as disabled based on medical reports can count on improved living conditions. The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of the Federal Law No. 181 of November 24, 1995. In this case, registration is necessary. Russian legislation provides that the acquisition of priority rights to housing for disabled children is available to those citizens who registered as such before January 1, 2005. Important! People who applied for benefits before the specified period can count on receiving funds from funds established for this purpose, as well as housing.
Many people are interested in the question of how to get an apartment for a disabled child after January 1, 2005.

T90.9 Sequelae of unspecified head injury
T91.1 Sequelae of spinal fracture
T91.3 Sequelae of spinal cord injury
Z99.3 Wheelchair dependence
Z99.8 Dependence on other auxiliary machinery and devices

List of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment. If a family includes a patient suffering from a severe form of a chronic disease from this List, then the family, subject to the conditions stipulated by housing legislation, is recognized as in need of residential premises provided by social rental agreements; in this case, housing must be provided out of turn; the area of the premises may exceed the provision per person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

Providing disabled people with living space, housing benefits

What is the procedure for providing disabled people with living space?

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

In what cases are disabled people recognized as needing improved housing conditions?

The grounds for recognizing disabled people and families with disabled children as needing improved housing conditions for registration are:

the provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation;

living in a residential premises (house) that does not meet established sanitary and technical requirements;

living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which living together with them (according to the conclusion of state or municipal health care institutions) in the same apartment is impossible;

living in adjacent non-isolated rooms for two or more families in the absence of family relationships;

accommodation in dormitories, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens settled in connection with their studies;

living for a long time on a sublease basis in houses of the state, municipal and public housing stock, or renting in the houses of housing construction cooperatives, or in residential premises owned by citizens who have no other living space.

Disabled people and families with disabled children , may be recognized as in need of improved housing conditions on other grounds established by laws and other regulatory legal acts of constituent entities of the Russian Federation.

How is the registration of disabled people in need of improved housing conditions carried out?

When registering to improve the living conditions of disabled people, their right to additional living space.

Accounting for those in need improving the living conditions of people with disabilities and families with disabled children, the following is carried out:

at the place of residence - by a specially authorized local government body or a specially appointed official;

at the place of work - at enterprises, institutions and other organizations that have housing stock under the right of economic management or in operational management.

Disabled people and families with disabled children may be registered for improvement of living conditions simultaneously at the place of work and at the place of residence.

What documents should be provided to register disabled people and families with disabled children in need of improved housing conditions?

To register those in need of improving living conditions for people with disabilities and families with disabled children, an application is submitted, to which are attached:

extract from the house register;

a copy of the financial personal account;

a copy of a certificate confirming the fact of disability, and a copy of the individual rehabilitation program for a disabled person;

other documents taking into account specific circumstances (certificates from technical inventory bureaus, health care institutions, etc.).

In what cases do people with disabilities have the right to count on the provision of additional living space in the form of a separate room?

Living quarters for disabled people and families with disabled children are provided for each family member within the limits established by the state authorities of the constituent entities of the Russian Federation.

Additional living space in the form of a separate room is provided to disabled people in accordance with the list of diseases approved by the Government of the Russian Federation. Such diseases include:

active forms of tuberculosis of all organs and systems;

mental illnesses requiring mandatory medical supervision;

tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, bladder stoma, surgically uncorrectable urinary incontinence, unnatural anus,

malformations of the face and skull with impaired breathing, chewing, and swallowing functions;

multiple skin lesions with copious discharge,

HIV infection in children;

absence of lower limbs or diseases of the musculoskeletal system, including those of hereditary origin, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs;

organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs;

condition after transplantation of internal organs and bone marrow;

severe organic kidney damage, complicated by renal failure of II-III degree.

What are the features in providing disabled people with living space?

1. When providing housing to disabled people and families with disabled children, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances (approach to a medical institution, place of residence of relatives, friends, etc.) are taken into account.

2. Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

3. For disabled people and families with disabled children, the living quarters they occupy can be replaced with other equivalent living quarters in accordance with the individual rehabilitation program for the disabled person (relocation from the upper floors of houses to the lower floors, moving closer to the place of residence of relatives, friends, etc. .).

4. Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve housing conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

5. Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

6. Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching 18 years of age, are subject to provision of residential premises out of turn by local government bodies at the location of these institutions or at the place of their previous residence at their choice, if the individual rehabilitation program for a disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

7. Residential premises in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

8. Specially equipped residential premises in houses of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their release, are occupied, first of all, by other disabled people in need of improved housing conditions.

What benefits do disabled people have to pay for housing and utilities?

First benefit for housing and utilities

Payment for residential premises (payment for social rent, as well as for the maintenance and repair of residential premises), provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area, is determined based on the occupied total area of residential premises in a single amount, taking into account other provided housing benefits

Authorities of constituent entities of the Russian Federation or local governments have the right to increase the amount of the discount on housing costs.

Second benefit for housing and utilities

Disabled people and families with disabled children are given a discount of at least 50% on payment for living quarters (in houses of the state or municipal housing stock) and payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - on the cost of fuel purchased within the limits established for sale to the public

Additional benefits for disabled people and families with disabled children may be established by executive authorities of constituent entities of the Russian Federation and local governments at their own expense.

How to get benefits for housing and utilities?

To receive benefits for housing, utilities and purchased fuel, disabled people and families with disabled children apply to organizations that collect payments for housing, utilities and purchased fuel (housing repair and maintenance enterprises, utility companies, etc. .).

The basis for providing benefits for housing, utilities and purchased fuel is a certificate confirming the fact of disability, issued by institutions of the state medical and social examination service.

Are there any benefits for disabled people for the provision of land plots?

Disabled people and families containing disabled people, are provided with priority land plots:

for individual housing construction;

for farming and gardening.

The basis for the provision of land plots is a corresponding application and a copy of the certificate attached to it. A certificate issued by a medical and social examination institution confirms the fact that disability has been established. These documents are submitted in accordance with the established procedure to local government bodies.