Who is eligible for social services at home? How to apply for social services at home? Social services at home: who is eligible and where to go? Category of citizens entitled to social services.

On October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy regarding older citizens, Dmitry Medvedev, who held the post of president at that time, took the initiative to prepare a new law on social services. “One of the tasks of today’s Presidium of the State Council is to summarize and disseminate what is called the best regional practices. Moreover, it [the new law. – Red.] may concern not only older people, but also the entire population of our country,” the politician said then.

And such a law was adopted, and on January 1, 2015 it came into force (Federal Law of December 28, 2013 No. 442-FZ "" (hereinafter referred to as the new law). Moreover, most of the acts previously regulating social services for citizens , lost force. In particular, the Federal Law of December 10, 1995 No. 195-FZ " " (hereinafter referred to as the old law) and the Federal Law of August 2, 1995 No. 122-FZ " ".

Let's consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

The concept of “recipient of social services” was introduced

On January 1, the term “social service client” () disappeared from the legislation, and the concept “recipient of social services” () was introduced instead. A citizen can be recognized as a recipient of social services if he is in need of social services and is provided with social services.

A citizen is recognized as in need of social services if at least one of the following circumstances exists:

• complete or partial loss of the ability for self-care, independent movement, or provision of basic life needs due to illness, injury, age or disability;
• the presence in the family of a disabled person or disabled people who need constant outside care;
• the presence of a child or children experiencing difficulties in social adaptation;
• impossibility of providing care for a disabled person, child, children, as well as lack of care for them;
• domestic violence or intra-family conflict, including with persons with drug or alcohol addiction, gambling problems, or those suffering from mental disorders;
• lack of a specific place of residence;
• lack of work and livelihood;
• the presence of other circumstances that are recognized at the regional level as worsening or capable of worsening the living conditions of citizens ().

Now information about recipients of social services is entered into a special register. Its formation is carried out by the subjects of the federation on the basis of data provided by social service providers ().

Until January 1, 2015, social services were provided to citizens in difficult life situations - the new law does not contain such a term, which makes the list of grounds for receiving assistance more unambiguous. The old law understood a difficult life situation as a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. This usually meant disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc. ().

OPINION

"In order for the new law to work, each region must adopt 27 regulatory documents. We monitored the readiness of the regions to adopt the new law. By mid-December 2014, only 20 regions had adopted the entire necessary regulatory framework, 20 regions had adopted less than half, the rest - about half. Every day we try to do everything possible to speed up the adoption of the necessary documents by the regions."

Social service provider identified

The list of types of social services has been expanded

The new law has changed the approach to the content of the list of social services provided. Until December 31, 2014, citizens could receive material and advisory assistance, temporary shelter, social services at home and in inpatient institutions, and also had the right to daytime stay in social service institutions and rehabilitation services ().

After the new law comes into force, citizens can count on the provision of the following types of social services:

• social and domestic;
• socio-medical;
• socio-psychological;
• socio-pedagogical;
• social and labor;
• social and legal;
• services to increase the communicative potential of recipients of social services with disabilities;
• urgent social services ().

Urgent social services include the provision of free hot meals or food packages, clothing, shoes and other essential items, assistance in obtaining temporary housing, provision of legal and emergency psychological assistance, as well as other urgent social services (). A citizen can count on receiving such services within the time frame determined by his need. At the same time, from January 1 of this year, citizens lost the opportunity to receive material assistance in the form of cash, fuel, special vehicles, as well as rehabilitation services that they could have received earlier ().

The procedure for calculating fees for receiving social services has been established

As before, social services can be provided free of charge or for a fee ().

• minors;
• persons affected by emergency situations, armed international (interethnic) conflicts;
• persons with an income equal to or lower than the average per capita income established by the region for the provision of social services free of charge (when receiving social services at home and in a semi-stationary form). Moreover, the amount of such income cannot be lower than one and a half times the regional subsistence minimum.

In addition, in the subjects of the federation there may be other categories of citizens to whom social services are provided free of charge ().

As we can see, unemployed citizens are excluded from the number of persons entitled to free social services (if such a category of citizens is not provided for by the law of the subject of the federation).

Previously, in order to receive free social services for single citizens, the sick, pensioners and disabled people, they needed to have an average per capita income below the regional subsistence level ().

Let's look at an example. The cost of living in the Moscow region for the third quarter of 2014 for pensioners was 6,804 rubles. (Decree of the Government of the Moscow Region dated December 10, 2014 No. 1060/48 ""). This means that before January 1, for example, a single pensioner from the Moscow region with an income of less than 6,804 rubles could apply for a free social service. per month. After the new law comes into force, the amount of income that allows you to qualify for free social services cannot be lower than one and a half times the regional subsistence level. Now, to receive a free social service, all other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles) (Law of the Moscow Region dated December 4, 2014 No. 162/2014-OZ "").

For those who are not eligible to receive free social services, there is a fee for their provision. Its amount for services at home and in semi-stationary form is now calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of the recipient of social services and the maximum per capita income established by the region. The monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services ().

EXAMPLE

According to the new law, we will calculate the maximum tariff for social services in a semi-stationary form for a single pensioner from the Moscow region with a monthly income of 12 thousand rubles. Payment for social services at home and in semi-stationary form is calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of the recipient of social services and the maximum per capita income. The average per capita income of a pensioner is 12 thousand rubles. (only the size of his pension is taken into account, since there are no other family members with income), the maximum per capita income for a single pensioner from the Moscow region is 10,206 rubles.

Therefore, the maximum tariff for social services should be calculated using the following formula:

(RUB 12,000 - RUB 10,206) x 50% = RUB 897

Thus, from January 1, 2015, the tariff for social services provided to a pensioner at home and in a semi-stationary form cannot exceed 897 rubles. This value will change if the pensioner requires hospital treatment. The monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services.

The formula for calculating the tariff will be as follows:

12,000 rub. x 75% = 9000 rub.

Thus, the tariff for treatment in a hospital cannot be more than 9,000 rubles. per month.

Previously, the amount of fees for social services and the procedure for their provision were regulated by government bodies of the constituent entities of the federation and directly by social services ().

The procedure for receiving social services has been changed

From the beginning of this year, in order to receive social services, a citizen must submit an application. Previously, social services were provided on the basis of an appeal - including an oral one - from a citizen, his guardian, trustee, other legal representative, government body, local government, public association (). An application for social services can be written by the citizen himself, his representative or another person (body) in his interests (). You can also submit an application by sending an electronic document, which was not provided for in the previous law.

An individual program for the provision of social services is drawn up with each recipient of social services. It specifies the form of social services, types, volume, frequency, conditions, terms of provision of social services, a list of recommended providers of social services, as well as social support measures. This program is mandatory for the social service provider and recommended for the citizen himself. In other words, the recipient of assistance can refuse some service, but the provider is obliged to provide it at the request of the recipient.

The program is drawn up within no more than 10 working days from the date of submission of the application for social services, and is revised at least once every three years (). Urgent social services are provided without drawing up an individual program (). Previously, the preparation of such programs was not provided for.

After drawing up an individual program and selecting a social services provider, the citizen must enter into an agreement with the provider on the provision of social services (). The contract must stipulate the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee.

OPINION

Galina Karelova, Deputy Chairman of the Federation Council:

“The new law will increase the number of citizens who can qualify for free social services. In addition, the quality, volume and efficiency of their provision will change. Previously, social services were provided based on a group approach. However, all citizens have different needs, income, and living conditions. Since January 1, 2015, social programs have been concluded with consumers of social services, which take into account all the individual characteristics of each consumer."

Social service organization identified

It is interesting that the new law spells out things that are obvious to everyone at first glance: providers of social services do not have the right to limit the rights of recipients of social services; use insults, rough treatment; place disabled children who do not suffer from mental disorders in inpatient organizations intended for disabled children suffering from mental disorders, and vice versa ().

However, it was still worth emphasizing such prohibitions. For example, numerous cases in Russia of placement of healthy children in organizations for disabled children suffering from mental disorders were noted in a report by the international human rights organization Human Rights Watch in 2014.

The approach to financing social services is fundamentally new. According to the old law, social services were provided to citizens at the expense of the budgets of the constituent entities of the federation (). In this regard, depending on the region, the volumes of social assistance provided varied greatly. From January 1, 2015, social services are financed from the federal budget, charitable contributions and donations, citizens’ own funds (when providing social services for a fee), income from business and other income-generating activities carried out by social service organizations, as well as others not prohibited by law sources(). It is expected that this innovation will help equalize the volume of social services provided in different regions.

But there is also a fly in the ointment in the new rules. Thus, the new law does not establish any requirements for staffing social services. Let us recall that previously only specialists who had a professional education corresponding to the requirements and nature of the work performed, experience in the field of social services, and who were inclined, due to their personal qualities, to providing social services () could be social service workers.

Elderly and disabled people, left without the help of relatives, often cannot cope with ordinary household chores due to their age and poor health. Therefore, they are provided with social and medical services at home - by state budgetary institutions, municipalities, organizations and entrepreneurs. From this article you will learn what social services for the elderly and disabled at home are, who can count on such help, and how to receive the service.

Social services for the elderly and disabled at home: types of social services

Citizens who meet the legal requirements for recipients of social services at home can count on the following types of assistance:

• accompaniment to places of recreation, sanatoriums, medical institutions, state and municipal institutions;
• assistance in paying utility bills;
• assistance in organizing everyday life, arranging housing, carrying out cosmetic repairs, washing things, cleaning the house;
• water delivery, heating of the stove (if the beneficiary lives in a private house without central water supply and heating);
• cooking, organizing everyday life and leisure, going to the grocery store and pharmacy.

If a person cannot take care of himself independently, a social worker must help. The following services can also be provided depending on the citizen’s health status:

• joint visits to clinics;
• psychological support, assistance in sanatorium-resort treatment, hospitalization and in-patient care;
• assistance in carrying out social and medical rehabilitation, in passing the medical examination;
• assistance in obtaining medical services;
• implementation of medical procedures and manipulations, hygiene procedures;
• assistance in paperwork;
• legal and legal services;
• assistance in obtaining secondary and higher education (for people with disabilities).

Who has the right to social services for the elderly and disabled at home

The following categories of persons have the right to invite a social worker to your home:

1. Citizens of retirement age (women over 55 years old and men over 60 years old).
2. People with disabilities (disabled people of all three groups).
3. People who are temporarily disabled and do not have assistants.
4. Citizens who find themselves in a difficult situation due to alcohol or drug addiction of a family member.
5. Some other categories of persons, for example, orphans without a place of residence.

Social services at home can be provided free of charge, on a partial payment basis or for payment in full.

Payment for social services	Recipient categories
For free	Disabled people of the Second World War, war veterans, spouses and widows of combatants, former prisoners of concentration camps, former residents of besieged Leningrad, Heroes of the USSR and the Russian Federation, Heroes of socialist labor. Disabled people and pensioners who do not belong to special categories of citizens (federal beneficiaries), but have an income below 1.5 times the regional subsistence minimum.
Partial payment	Citizens who are not disabled or pensioners, but need the help of a social worker and have an income below 1.5 times the regional minimum wage (the size of the discount depends on social status).
Full price	In all other cases.

How to register for social services for the elderly and disabled at home, in what cases the service may be refused

Important! To apply for social services at home, you must contact the regional office of social protection authorities.

Before an application for assistance is approved, social service employees must check the documents in order to assess the degree of need of the citizen to receive help from a social worker (since there are many people who want it, but there are usually not enough resources), and check the living conditions of the person applying. The law provides for the following cases when an applicant may be denied social services:

1. If there are contraindications to social assistance. This refers to the presence of factors that could jeopardize the life and health of a social worker:
   • presence of severe mental disorders,
   • drug addiction,
   • alcohol addiction,
   • taking psychotropic drugs,
   • presence of quarantine diseases,
   • the presence of severe infectious pathologies;
   • the presence of an open form of tuberculosis;
   • the presence of any diseases requiring specialized treatment.
2. The applicant's appeal to the State Police in a drunken or inappropriate state.
3. High employment of the organization, lack of free social workers.
4. The applicant is a person of no fixed abode.

When applying to social security authorities, you will need the following documents:

• conclusion of a medical and social examination on assignment of a disabled group;
• a certificate from a medical institution confirming the absence of diseases for which it is impossible to receive social assistance;
• pension certificate;
• certificate of family composition;
• certificate of income.

Expert opinion on the issue of social services for the elderly and disabled at home

Participants took part in last year’s seminar-meeting on issues of social services for elderly and disabled citizens, which was held at the Ministry of Social Development and Labor of the Kamchatka Territory Minister of Social Development and Labor I. Koirovich, Deputy Minister E. Merkulov, Head of the Social Services Department N. Burmistrova, heads of social protection bodies and heads of social services organizations for disabled and elderly citizens.

The economic, organizational, and legal foundations of social services, the rights and obligations of recipients and service providers, and the powers of government authorities established by Federal Law No. 442-FZ dated December 28, 2013 were discussed. The main attention was paid to the following issues:

• Citizens with an income below 1.5 monthly wages in the region have the right to receive free social assistance at home (previously, the pension had to be below 1 monthly wage);
• a detailed approach to the approval of a set of social services taking into account the needs of the citizen was introduced;
• citizens received the right to independently choose their social service provider;
• Now not only pensioners and disabled people can apply for social services at home, but also citizens who are temporarily disabled, faced with intra-family conflicts (related to drug addiction, alcoholism in relatives), who need help caring for a disabled child and have no place residence (if you are an orphan).

In order to implement the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” and the Regional Law of September 3, 2014. No. 222-ZS “On social services for citizens in the Rostov region” by resolution of the Government of the Rostov region dated January 27, 2014. No. 785 approved the Procedure for the provision of social services by social service providers, which determines the rules for the provision of social services by social service providers according to forms of social services, types of social services.

Social services are provided in the form of social services at home, in a semi-stationary form, in a stationary form.

The basis for consideration of the issue of providing social services is an application submitted in writing or electronic form by a citizen or his legal representative for the provision of social services to the social protection authority of citizens at the applicant’s place of residence.

Social services are provided subject to the voluntary consent of the citizen or his legal representative to receive social services.

1. Recipients of social services in the form of social services at home are:

citizens who have completely or partially lost the ability or ability to provide self-care due to old age, illness, disability (including disabled children);

senior citizens (women over 55, men over
60 years old) and disabled people suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in late stages;

persons affected by emergency situations, armed interethnic conflicts.

The following documents are attached to the application for social services:

a copy of an identification document of a citizen of the Russian Federation (if available), or a copy of an identification document of a foreign citizen or stateless person, including a residence permit and a refugee certificate, and for persons under 14 years of age, a birth certificate with presentation of the original;

a conclusion on the state of health and the absence of contraindications for admission to service, issued by a medical organization that carries out medical activities and is part of the state, municipal or private healthcare system;

a document issued by the guardianship and trusteeship authorities establishing the right of guardianship or trusteeship;

a document issued by the federal state organization of medical and social examination confirming the fact of disability;

a document confirming the right of the recipient of social services to receive social support;

documents on the applicant’s income (except for cases where documents (information) on income are at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies participating in provision of state and municipal services).

a copy of an identity document of a citizen of the Russian Federation, or a copy of an identity document of a foreign citizen or stateless person, including a residence permit and a refugee certificate;

Citizens living in families or their legal representatives also represent:

a certificate of family composition indicating the date of birth and family relationships (except for cases when this certificate is issued by local government bodies);

documents issued by the federal state organization of medical and social examination confirming the disability of family members;

documents on the income of each family member (except for cases where documents (information) on income are at the disposal of bodies providing public services, bodies providing municipal services, other government bodies, local government bodies or organizations subordinate to state bodies or local government bodies, participating in the provision of state and municipal services).

The documents attached to the application for social services can be submitted both original and copies. Copies of documents are certified by the social protection body of citizens of the municipal district (urban district) at the place of application of the applicant or the MFC after checking them with the originals. The applicant has the right to submit copies of documents certified in the prescribed manner.

The right of priority acceptance for service is enjoyed by disabled people and participants of the Great Patriotic War, as well as disabled people from combat operations on the territory of other states.

The right of priority acceptance for service is enjoyed by:

spouses of deceased (deceased) disabled people and participants in the Great Patriotic War who did not remarry;

single disabled citizens and disabled people (including disabled children), including those from among internally displaced persons;

home front workers;

single citizens with 1st disability group, single married couples with 1st disability group, single elderly people over 80 years old.

2. Recipients of social services in the form of social services at home are:

minors;

families with minor children in difficult life situations.

The following documents (if available) are attached to the application for social services:

identification document of the parent of the minor;

child's birth certificate or passport for a child over 14 years of age;

If the legal representative of the recipient of social services applies, the following documents must be additionally submitted:

a copy of an identity document of a citizen of the Russian Federation, or a copy of an identity document of a foreign citizen or stateless person, including a residence permit and a refugee certificate; legal representative;

a copy of the document confirming the authority of the legal representative.

The documents attached to the application for social services can be submitted both original and copies. Copies of documents are certified by the social protection body for citizens of the municipal district (urban district) at the applicant’s place of residence or the MFC after checking them with the originals. The applicant or his legal representative has the right to submit copies of documents certified in the prescribed manner.

The decision to recognize a citizen as needing social services or to refuse social services is made by the social protection body at the place of residence (place of stay) of the recipient of social services within five working days from the date of registration of the application. The applicant is informed about the decision made in writing and (or) electronically.

If a decision is made to recognize a citizen as needing social services, the social protection body draws up an individual program for the provision of social services (hereinafter referred to as the individual program), which specifies the form of social services, types, volume, frequency, conditions and terms for the provision of social services, a list recommended social service providers.

An individual program is drawn up based on the citizen’s need for social services and is revised depending on changes in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program.

The provision of social services is carried out on the basis of an agreement on the provision of social services between the provider of social services and the recipient of social services or his legal representative.

The contract is concluded within a working day from the date of provision of the individual program to the social service provider. The decision to enroll in social services at home is formalized on the day the contract is concluded by an administrative document from the social service provider.

The contract determines the social services provided, listed in the individual program for the provision of social services, and their cost if they are provided for a fee (partial payment).

Social services are provided free of charge:

participants and disabled people of the Great Patriotic War of 1941-1945;

minors;

persons affected by emergency situations, armed, international (interethnic) conflicts;

social services in the form of social services at home are provided free of charge if, on the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is below the maximum value or equal to the maximum per capita income for the provision of social services free of charge.

For a fee or partial payment:

social services in the form of social services at home are provided for a fee or partial payment if, on the date of application, the average per capita income of the recipient of social services, calculated in the manner established by the Government of the Russian Federation, exceeds the maximum per capita income established by part 4 of article 25 of the Regional Law. The monthly amount of partial payment for social services provided in the form of social services at home is determined based on the cost (based on tariffs) of the services actually received. Moreover, its size should not exceed 50 percent of the difference between the average per capita income of the recipient of social services and the maximum per capita income for the provision of social services free of charge, established in the Rostov region in the amount of one and a half times the minimum subsistence level for the main socio-demographic groups of the population, for pensioners.

Providers are required to provide social services in accordance with the individual program and terms of the contract, as well as the procedure for providing social services.

Providers of social services have the right to provide recipients of social services with additional services on the basis of full payment in accordance with the list and tariffs approved by the Administration of the city of Shakhty.

The provision of social services is carried out in accordance with the standards of social services.

The recipient of social services or his legal representative has the right to refuse social services or social services. The refusal must be made in writing and entered into the individual program.

The refusal of the recipient of social services or his legal representative from social services releases the social protection body and social service providers from responsibility for the provision of social services in the form of social services at home.

Providers of social services have the right to refuse to provide social services to a recipient of social services if he violates the terms of the contract, as well as in the presence of medical contraindications provided for by federal legislation for the provision of social services in the form of social services at home.

Contraindications to admission to social services at home are: active tuberculosis, contagious diseases of the skin and hair, infectious and venereal diseases, mental illnesses accompanied at the time of application by behavioral disorders that are dangerous for the patient and others, signs of alcohol intoxication and drug use .

Regions may expand this list. For example, in the Moscow region there are 15 categories of citizens get free help in social centers for all eight services:

1. Citizens with an average per capita income of 1.5 subsistence minimum or less.

2. Representatives of disabled children

3. Minor children

4. Victims of emergencies and armed conflicts

5. Disabled combatants

Also single disabled people, married couples and elderly citizens from among:

1. Disabled people and WWII participants

2. Spouses of deceased WWII participants who did not remarry

3. Former minor prisoners of fascism

4. Awarded the badge “Resident of besieged Leningrad”

5. Recipients of the medal “For the Defense of Moscow”

6. Heroes of the Soviet Union

7. Heroes of the Russian Federation and full holders of the Order of Glory

8. Heroes Social. Labor

9. Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory

10. Disabled combatants

1. WWII veterans and persons equivalent to them - 10% of the cost

2. Citizens with an average per capita income from one and a half to two times the subsistence level - 10% of the cost of social services provided

3. Citizens with an average per capita income from two to two and a half times the subsistence level - 20% of the cost of social services provided

4. Citizens with an average per capita income from two and a half times to three times the subsistence level - 30% of the cost of social services

If you do not fall into these categories or your average per capita income is above the subsistence level, you will have to pay for the services.

Price for home and semi-permanent servicecalculated according to tariffs . The tariff should not exceed the difference of 50% between the average per capita income of a person and the maximum per capita income in the region.

The price for a hospital is calculated according to tariffs that do not exceed 75% of average per capita income.

To understand how this works, here's an example.

Let's take a lonely pensioner from Moscow. He receives 30,000 rubles a month - this is his average per capita income.

The cost of living in Moscow is 15,382 rubles. Find out the minimum in your city on the regional website of the Department of Labor.

Let's multiply this figure by 1.5 living wages:1.5×15,385 = 23,073 rubles

The maximum per capita income for our pensioner is 23,073, which means he will not be able to receive services for free.

To find out the tariff for service at home and in semi-permanent form, we use the formula:
(30 000 income — 23 073 living wage ) x 50%maximum difference = 3,463 rubles

This is the maximum tariff for services per month.

How to get a social service

Free and paid services are provided in different ways. To receive guaranteed services, you need to go through 5 stages:

1. Prepare documents

— Passport
— For a child under 14 years of age, a birth certificate and a certificate of residence
— Passport and power of attorney from a disabled person, if you represent his interests
— Extract from the house register
— Certificate of income for the last year
— A medical certificate of health indicating the category of disability or injury that limits capabilities
— A certificate, certificate or certificate that confirms the right to social assistance, for example, a certificate of a WWII participant

This is not a complete list. Depending on the situation, they may require a certificate of release from prison, a court decision declaring a citizen incompetent, or other certificates. Call your local Social Security office and ask what documents are needed in your case.

2. Submit an application to social security at your place of residence

3. Wait up to 7 days

Social services are provided in a targeted manner. This means that the commission considers whether you need services or not. Verification takes up to 7 working days. After that, you are either refused or assigned an individual social service program.

4. Receive an individual social services program