We often come across the expression “disabled”. And who exactly belongs to this category of citizens? Do we know all our rights? After all, the state in which we live must give its citizens not only rights, but also protect their interests. There are many questions, and even more answers.
Who is considered to be disabled?
Disabled citizens are those people who do not have the ability to work for a long time, sometimes even from childhood. Usually such people are at the full support of their family. They are called dependents. In other words, these are those who live on the full financial support of their family members or other persons. Citizens caring for disabled citizens regularly receive sponsorship from the state to provide them. Thanks to this help, they live.
Disabled Categories
The following persons belong to the category of disabled citizens:
- Retired by age (women - 55 years old, men - 60 years old, retirement age reduced by 5 years in certain regions of the Far North). According to the Federal Law “On State Pension Provision in the Russian Federation”, such persons receive a pension from the state and do not work.
- Disabled people of groups 1 and 2 (people with disabilities of group 3 are recognized as disabled depending on the complexity of the course of the disease).
- Crippled children.
- Minors who are under 16 years old.
- Students who study in an educational institution on full-time basis. These include colleges, technical schools, institutes, universities, academies. It should be noted that educational institutions that are located outside the Russian Federation are also considered. However, if the learning process took place under an integration agreement, then until the end of their studies, such persons are disabled (up to 23 years).
- Persons who are deprived of one or both guardians.
- Children whose single mothers have passed away.
- Representatives of small northern nationalities (women aged 50 years, men 60-65 years old) who do not have the right to a pension.
It should be noted that the fact of disability and the period of distribution are indicated in a special certificate. It is issued at each federal institution for medical and social expertise.
Disability Status Changes
During the Soviet Union, a different law was in effect. According to him, dependents belonged to the first stage of the heirs. Quite recently, the Russian authorities adopted a new law, which slightly affected the inheritance law of dependents.
Article 1148 of the Civil Code of the Russian Federation fixes such provisions:
- Heirs are those citizens of the Russian Federation who have not previously been included in the circle of persons (indicated in 1142-1145 Civil Code).
- On the day of opening the inheritance, persons must be recognized as officially incapable of work, and have this status for at least 1 year before the death of the testator. In the case of other relatives, all are on an equal footing.
About the concept of disability
There is a certain concept in the legislation, which was introduced back in the days of the USSR in 1966. This document explains that a disabled citizen is primarily a pensioner whose age has reached the mark. Such people receive cash benefits.
Also in this category are those who have 1, 2 and 3 disability groups. Of course, children who have not reached the age of majority (18 years) are automatically considered disabled. Officially, the status of “disabled” is notarized after a citizen presents a document: passport, pension certificate and certificate of the SEC.
Who can be considered a disabled heir: conditions for inheritance
Disabled citizens are, of course, those who have rights. Dependents who are not in the 1st stage of inheritance (children, spouses, parents) have the full right to claim the inheritance by law. The main conditions for inheritance in this case:
- If a disabled dependent was in full custody of the heir for at least 1 year and until the day of death. Shared or separate accommodation is not taken into account.
- If the dependent does not belong to the line of heirs, then the inheritance can be obtained only if he has lived together with the deceased for at least 1 year.
- If the deceased has no relatives, then the disabled dependent automatically belongs to the heirs of the 8th stage.
When preparing documents for obtaining property, disabled citizens have difficulties, because the Civil Code of the Russian Federation does not clearly state the conditions for disabled people. That is why many people prove their status in court.
Protection and care for disabled citizens
The legislation spells out in black and white who and for how long should care for a non-working person. For children - their parents or guardians under 18 years of age. In the case of obtaining education abroad, the status of “disabled” is automatically extended to 23 years.
Direct care for disabled citizens falls on the shoulders of working relatives: parents (or one of them), children or family members. In the absence of relatives, a disabled citizen enters the full state support. So, a pension for disabled citizens is supposed to be calculated on an individual basis. Disabled people of all groups need state care. Many are on collateral, receiving monthly payments and benefits. Payment of disabled citizens comes from the state budget.
How are payments assigned?
Disabled citizens are those who are legally entitled to receive assistance from the state. So, in order to receive appropriate payments, it is necessary to collect the following package of documents:
- A statement in which a disabled citizen agrees to care for him. If a person is declared legally incompetent, the application must be submitted through a representative. In addition, it is necessary to provide a document on guardianship.
- Application from a citizen who will provide care for the disabled.
- Certificate that a person still does not receive a pension. It must be taken to the PF of the Russian Federation (at the place of residence).
- A certificate that confirms that no unemployment benefit is received by the unemployed.
- Passport.
- The work book of the citizen who will provide care.
- Certificate of full-time education of the person who is currently caring for the disabled.
Benefits can be paid for past years, but not more than 3 years. Those people who have not previously applied to special bodies to assign benefits have the right to claim such a volume of payments. In the event of the death of an incapacitated person, the pension and other benefits shall be received by the citizen who provided care for him.
Who else can get benefits?
In addition, a non-working citizen may receive a payment, if on his shoulders the security:
- a disabled child who is not 18 years old;
- a citizen who has reached the age of 80;
- an elderly person who, due to health reasons, cannot take care of himself.
In conclusion, I would like to note that disabled citizens are those who cannot work due to old age or health problems. It is such people who have the right to apply for the care of them by an able-bodied person who, by law, is vested with the right to receive appropriate payments. However, do not confuse disabled people with dependents. The latter live off the provision of others. Learn more about your rights and the benefits that you are entitled to from the state. If you don’t take care of yourself, then no one will.