Children with multiple mental or physical impairments receive a disability. Parents often find themselves in a difficult situation: they have to devote all their free time to the child, abandoning their careers and other aspects of their lives. But according to the Law of the Russian Federation, they receive the right to retire earlier than the prescribed period, subject to certain conditions. You can read more about applying for a pension for caring for a disabled child and what documents you may need in this article.
Pension reform in Russia
In the summer of 2018, the State Duma passed a law on raising the retirement age. The law caused a great resonance among the population, since it directly affects every working citizen of the country. What changes does this law suggest?
For women, the retirement date will increase by 5 years: from 55 to 60. For men, from 60 to 65 years. In addition, pension reform involves the abolition of the point pension system. Instead, retirees will be paid 40% of the wages they received. Why were such measures taken? This will save several billion rubles for the state budget and increase the average pension by a thousand rubles. In conditions of an aging population and an increase in life expectancy, as well as economic instability in Russia, the state considered these measures necessary to maintain the standard of living of the population. The main problem of the pension reform is that the average life expectancy of the male population is 67 years. In most cases, people lose the opportunity to work much earlier, so after the pension reform, many will be doomed to a cashless existence.
In addition to these changes, the retirement time for some privileged categories of citizens was also adjusted. Has this reform affected parents and guardians of children with disabilities?
Early retirement pension for a disabled child
Government support is very important for vulnerable groups. But many do not know about their rights. Even if the parents of children with developmental disabilities are aware of all payments regarding their child, then often they are not aware of possible concessions for themselves. Such benefits include relaxation in pension reform. In accordance with the law, the retirement age of parents or guardians of children with disabilities will not increase. He will remain at the same level as before. What kind of pension for a disabled child is paid to a parent? Payments are made from insurance premiums. This right is regulated by Law No. 400 of the Federal Law “On Insurance Pensions”.
An insurance pension is a state guaranteed premium that provides a monthly payment to a Russian citizen. Insurance pensions are also awarded in the event of loss of the breadwinner, old age or disability. The payment of an insurance pension requires a minimum working experience, for 2025 it must be at least 15 years. If all conditions are met, then the pension for caring for a disabled child to the parent who took part in caring for him will be paid earlier than the deadlines for the majority of the population.
Conditions for Parents
An early retirement pension for a disabled child is granted only if certain conditions are met. The main one is full or partial caring for a child up to 8 years old without going to work. Only in this case, custody of the child is counted in the length of service. However, the law does not require that child care be carried out exclusively from birth. Pensions for women with caring for a disabled child are also accrued under the following factors:
- The parent or guardian of the child is able-bodied, that is, he himself does not have a disability or other restrictions.
- Work experience must comply with the minimum standards for the current year. In 2018, this figure is 15 years.
- A citizen should not be registered with the employment service and receive appropriate benefits. When submitting documents, it will be necessary to confirm this with a certificate.
- Reach the required age (50 and 55 years for women and men, respectively).
- Do not have an official business of your own.
- Do not receive other benefits and payments.
At what age does he retire if a child is a disabled child? For women, this age is 50 years. For men, the retirement age for a disabled child is 55 years. For the child's guardian, the conditions will be slightly different. It does not matter when a person began custody of a child: up to 8 years or later, but the time of assigning disability is of key importance. If a person has taken custody before the onset of disability, then early retirement is possible. And of course, preferential conditions for retirement are possible only for one parent or guardian, namely for the one who cares for the child.
Pension Principles
Families with a child with disabilities are often doomed to a daily struggle for survival. Often, families break up, and the caring parent is left alone with all the problems. However, he does not have the opportunity to work, as the child requires constant supervision and care. This difficult situation is complicated by rather small payments. But the state provides support in this area. The retirement of the parent of a disabled child occurs 10 years earlier. However, the length of service of a person is of great importance. For men, the required working time is 20 years, and for women it is 15. If the parent did not work before the birth of the child, then it is better to get a job officially as soon as possible and try to "reach" this figure. Otherwise, an early pension will not be possible, and child care will only be taken into account in the first three years, as in ordinary families.
An early retirement pension for a disabled child is assigned to both parents if several children with multiple violations are raised in the family. In this case, each parent needs to submit documents for caring for different children, and then there will be no problems when making insurance payments.
Pension amount
Many parents are interested in what kind of allowance they will receive when they reach a certain age. How much is a pension for caring for a disabled child? The size of payments depends on the length of service. It is logical to assume that the longer a person has officially worked, the higher his pension will be. But it also depends on other factors, namely:
- average salary;
- retirement points;
- joining preferential categories.
Currently, Russia has approved the minimum or basic amount of the insurance pension, which is 4902 rubles. This is a very small amount, which is below the subsistence level. Therefore, an extra charge of 30 percent is provided for parents of special children. Thus, it turns out that the minimum preferential pension for caring for a disabled child is 6300 rubles. There are additional allowances. If you have ever worked and lived in the northern latitudes of our country, then payments will automatically double. That is, the pension is already 12 thousand rubles.
How to confirm care
In order to receive a pension after caring for a disabled child, you need to prove to the state that you provided this care. An important fact is that pension payments do not start automatically. To receive funds you need to contact the nearest department of the Pension Fund and take the following documents with you:
- work book;
- passport of the Russian Federation;
- SNILS;
- certificate in the form No. 9, which confirms the registration;
- certificate of income for 5 consecutive years until 2002.
Women and men must apply to the PF 10 days before their 50th and 55th birthday or later. The main thing is to remember that a pension will be accrued only from the moment a positive decision is made, and payments will not be refunded for the missed time. The retirement of the parent of a disabled child should also be accompanied by the following documents:
- ITU Survey Act, which will indicate the status of the child and his disability.
- Birth certificate or passport of the child.
- Confirmation of registration of the child.
- Extract from the home book, which will act as confirmation of the joint residence of the parent and child. It can be obtained from the district administration, the IFC, or the HOA.
After you have submitted all the necessary documents, you need to wait for the decision of the commission. Often, inspectors make personal visits to parents or guardians in order to verify the veracity of the information provided. It often happens that the applicant is denied early retirement. In this case, you can try to prove your case in court.
Care experience
Everyone knows that the period of care for children up to three years is counted in the length of service. But can it be included in the experience of caring for a disabled child? Seniority is now called insurance.
The insurance experience includes not only the time when you worked, but also spent in the process of caring for a disabled child with a coefficient of 1.8. If the child grew up and received the first category of disability, then care for him will also be counted as a seniority.
The requirement for a parent or guardian is one - that he does not have any additional official source of income: his business, state pension or official employment. Retirement of the mother of a disabled child is possible only if all the conditions in Law No. 440 FZ are met. Does the father have the right to such benefits? Based on information on the Web, it seems that we are talking only about women. But this only happens because for the most part they are the ones who take care of the children. The retirement of the father of a disabled child is executed in exactly the same manner as the mother.
Why a refusal may occur
When submitting documents for early retirement, it is important to understand that your application may be denied. This happens because many people are deceiving the government by misleading the pension commission. Even if the parent and the child live together, this does not guarantee that it was this person who provided the care. But if you are confident in your right, pay attention to the following factors, because of which you may be denied pension accrual:
- lack of proper work experience;
- child care after 8 years;
- registration of benefits for another parent;
- deprivation of parental rights.
Any of these reasons is grounds for refusal. However, the retirement age may also vary. Under the terms, the retirement date is reduced by one year for 1.5 years of care for a child with disabilities. Retirement at 50 and 55 years for women and men is possible only if they have been caring for the child for all 8 years. If the supervision was less, then the retirement time will be completely different.
- For 3 years of guardianship, the retirement age will be reduced by 2 years.
- For 5 years - for 3 years.
- For 6 years - for 4 years.
- For 8 years - for 5 years.
But what about pension reform, since within a few years the age of retirement will increase by 5 years? President Vladimir Putin promised Russian citizens that these changes would not affect preferential categories of citizens, so for them the age of retirement will remain the same.
Allowance
A social pension for caring for a disabled child allows the parent to make ends meet. But what if the child is still a minor? In this case, the parent or guardian is entitled to the allowance for caring for a disabled child. For non-working citizens it is 5500 rubles, and for those who are employed - 1200 rubles. For registration you will need to submit the following documents:
- certificate that you do not receive a pension or salary;
- certificate of absence of registration at the Labor Exchange;
- form number 9;
- standard documents, which include a passport, birth certificate and SNILS.
Other benefits
Early retirement is not the only benefit that parents of a disabled child can apply for. The state also provides a number of material benefits and benefits that are designed to make life easier for families. If the parent is officially employed, he has the right to an extended vacation and an additional day off, which he must provide upon request. In addition, it is forbidden to send the parent of a special child on business trips without his consent, as well as dismiss for no reason. As for material payments, the following benefits can be distinguished:
- discount on rent;
- pension to the child;
- tax deduction;
- concessions in the shopping center;
- treatment in sanatoriums.
Labor benefits for working parents
For working parents of children with disabilities, there are some exemptions in the labor law. All employers must comply with them if the employee is officially employed. Only one parent has the right to use the benefits.
- An employee cannot be dismissed without his consent if he is raising a child with special needs alone. Extreme measures are considered an exception when a company goes bankrupt or is liquidated.
- According to Article No. 262 of the Labor Code, the parent of a disabled child has the right to two additional weeks of vacation, which he can take at his own expense.
- Also, by law, a working parent or guardian is given an additional weekend to be paid. But their number should be no more than 4.
- An employee may apply for a shorter working day, but wages will correspond to the hours worked.
- Both parents have the full right not to work after hours and on weekends, and the employer cannot fine or dismiss them for this.
Special children require much more attention and care than ordinary children. The benefits provided by labor law help parents combine work and family. Thanks to concessions in the law, they have more time to spend with their children and to care for them.
If the parent continues to work
At 50, many people still continue to build a career. What if the parents of a disabled child are still employed? Many are afraid that in this case they will not receive benefits, and do not apply to the Pension Fund. Moreover, it is very difficult to live on one pension. If you have the right to an early retirement pension, but at the same time continue to work, then you can receive both a pension and a salary. At the same time, the employer continues to pay insurance premiums for you in the PF. Currently, a law is being discussed, which should suspend the payment of funds to working pensioners, but so far it has not been adopted. Therefore, early retirement is beneficial not only because it allows you to stop working earlier. For people who continue their work, income increases several times, and for families with special children, additional funds are always necessary.
Legal advice
Appointment of an early retirement pension for a disabled child is a rather confusing task, so people often have to turn to lawyers. What can experts advise in difficult situations?
- If your child is disabled after 8 years, then you will not be eligible for early retirement. The law clearly states that only those people who have been caring for a disabled person under 8 years old have this right.
- The decision of the commission takes 10 days, but the process may be delayed.
- One parent can refuse early retirement pension in favor of the second. But as soon as one of them draws up documents, the second one will not be able to do this.
- The insurance period in the period of caring for a child with developmental disabilities is calculated with a coefficient of 1.8. This makes it possible to receive a decent pension even for those citizens who were unable to work due to a child’s disability.
- If the child is 14 years old, then his consent may be necessary for the care to be carried out by the applicant.
Conclusion
Caring for a disabled child from birth is a great test and work, which is counted by the state as a full-fledged job. : , . -. . 15 , . .