Under the terms "invalid" and, as is now customarysay, "a person with disabilities" means an individual who, due to a persistent disorder of any body function, has a health disorder. An obligatory condition for the recognition of a person as an invalid is the existence of a limitation of life, in whole or in part. This means that a person is not able to fully move, work, communicate, serve himself or, constantly or in periods, control behavior.
Depending on the extent to which the functions of the body are violated, a disability group is established.
By what criteria an individual can receive the category "Disabled 3 group", what benefits do they have in this case for a person who received such a status?
Order of the Ministry of Labor on 17.12.2015 No. 1024n establishes the criteria by which you can qualify for the recognition of the third group of disability. It is characterized by minor violations of speech (linguistic), mental, statodynamic, sensory functions, circulatory functions, and physical deformities.
In accordance with this legislative actsuch a basis is considered persistent minor or moderate existing violations of the functions of the human body, 40-60%, caused by the consequences of injuries, diseases or defects, if they entailed restrictions on life.
Medical and social expertise in the fieldThe attending physician has the right to recognize a disability or deny the status of "Disabled 3 group". What benefits are levied in one category or another are determined by the following federal laws and local regulations of the Russian Federation.
Since the last indexation, 01/02/2016., the amount of social pension that is paid to a person recognized as an invalid of the third group is 4053.75 rubles per month. Monthly payments are also available for all categories of disabled people. For the third group of disability they are 1236 rubles.
Very often people with the appropriate statusare they interested in: can the disability pension be suspended in the case when the recipient is employed? In existing laws there are no such restrictions. The pension accruals will in no case cease if the pensioner finds a suitable place of work and will receive a salary. Another thing is retirement in old age. You can only get a pension of one kind, but the pensioner has the right to choose a category.
To make it easier to understand the cases whenthe person has a category of the invalid of 3 groups, what privileges are supposed according to the Russian legislation, it is possible to allocate conditionally the following kinds of preferential maintenance:
1. Separation for reasons of disability. The presence of specific circumstances in the event of an injury (illness) that entailed disability gives rise to additional benefits and compensations, for example, the category of "disabled from childhood" or "invalid of military operations". In the absence of such reasons or documents confirming the specific special circumstances of the receipt of the disease (injury), the person receives the status of "invalid of the 3rd group for the common disease", the benefits in this case are paid only in accordance with this disability group.
2. Separation in the form of providing benefits to people with disabilities:
3. Division by periodicity:
To start, perhaps, it makes sense with general preferentialcompensations provided for by federal laws for all categories of people with disabilities. We will clarify: even the benefits prescribed in the legislation for all categories of disabled people may differ in the size or specificity of the provision, depending on the disability group. It is logical that 1 group most often assumes greater compensation than benefits for people with disabilities 2 and 3 groups, since the former have significantly more restrictions in life.
In addition to the right to receive cash benefits,which was discussed above, and the rights to its regular indexation, there are other general benefits that are used by a disabled person of the 3 groups. What are the benefits for all people with a disability or a disabled child?
First of all, it is an opportunity to obtain (purchase) a land plot on the basis of property rights - for individual housing construction or an auxiliary (dacha, garden) farm.
The right to preferential (and for some categories andfree) purchase of a specially equipped car or a stroller. This includes the right to compensation for the expenses of the disabled person for the operation of such a vehicle.
Persons with disabilities who havemonthly income is less than the subsistence minimum established by laws, they also have the right to use social protection services (social worker) free of charge.
It is worth noting that the amount of benefits for people with disabilities 3group on the common disease may differ significantly, for example, from the compensation provided for groups 1 and 2. For this reason, it makes sense to clarify the complete information on the available federal and regional benefits in each individual case from a specialist of the social services authorities. protection. In addition, regional legislative acts determine what benefits people with disabilities of 3 groups in each specific region of the Russian Federation enjoy.
Federal legislation providesthe following utility benefits for the disabled of group 3: the disabled person is entitled to receive 50% of the amount that he spends every month through the Pension Fund, paying for housing and utility services. It also provides for the same compensation for the purchase of fuel for heating housing.
Let's consider separately such legislative"innovation" regarding monthly expenses, as a relatively recent point of payment "for major repairs." A small term for today and some "vagueness" of information on this topic on most resources makes the answer to the question of benefits for capital repair difficult. According to the current legislation, people with limited opportunities, regardless of their group, are entitled to benefits - paying only half of the sum for capital repairs of the housing stock.
The main "tax relief" from the stateinvalids of the 3rd group consists in exemption from taxes on income. They are not subject to all payments and benefits that the disabled receive from the state, assistance from benefactors, state pension, the cost of permits in the direction of sanatorium treatment (except for tourist).
The same applies to material assistance from the employer, if the employee has retired due to disability, and compensation for receiving medicines from the employer, but for up to 4000 rubles.
There is a preferential payment system for transporttax: a car purchased by a disabled person upon application to the social protection authorities is not taxed. But the law stipulates that this should be a vehicle with an engine of not more than 100 horsepower, equipped with special devices or a special design. Most often the country-producer of such "special" cars is Russia. Benefits for the disabled 3 groups, unfortunately, do not apply to taxes on gift or inheritance - this tax burden will have to be paid in full.
People with disabilities can receive considerable support from social benefits. What benefits does a disabled person have in this area?
Part of the monthly cash payments are provided to the disabled person in the form of a "package" of social services:
If you want to receive all or part of the benefits of the "social package" a disabled person can refuse by submitting the following statement to the social protection authorities.
In this case, to restore the receipt of benefits,replaced by monetary compensation, it is possible only from the beginning of the year following when the application for the restoration of preferential compensation will be filed.
As it was said, invalids of the third group, whose income is less than the subsistence minimum, can claim for free assistance in the form of home-based services.
This may include assistance in the delivery of medicines and products, maintenance of hygienic conditions in the home, obtaining medical assistance and even the necessary assistance of a lawyer.
There is also an opportunity to receivepaid services of the social worker, which can be issued for invalids of any category. The list of paid social services approximately includes a proposal for cleaning and washing dishes to assist in registration in government departments.
Disabled 3 groups have the right to an out-of-competitionadmission to the OS is only on condition of positive results in the entrance exams and the absence of medical contraindications for training. Students with disabilities are necessarily paid a scholarship, the size and receipt of which does not depend on the level and indicators of training.
What are the benefits for disabled people of 3 groups officially in the status of the unemployed? Their list is as follows:
Considering preferential compensation for the workinga person with disabilities, it would be superfluous to dwell on this question: do disabled people have 3 groups when they are employed or in the process of working?
The first thing you need to focus on -the disability of this group is not the reason for refusing to work for a job that is suitable for medical reasons. Moreover, according to the current labor legislation, an enterprise employing more than 100 employees is required to have specially equipped workplaces for a person with disabilities and to accept disabled employees in staff.
Another important condition that advancesemployers of the Federal Law "On the Social Protection of Persons with Disabilities in the Russian Federation" - it is unacceptable to conclude an employment contract with an employee with a disability during employment, which will infringe on his rights in something compared to workers who do not have a disability. For example, if it is a question of reducing the salary for performing the same work.
If to speak about what privileges the invalid of 3 groups employed in production has, then at the beginning of 2016 the following list operated:
If the employee is a disabled person of the 3rd group for the generalillness, benefits for reducing the worker for him by the Labor Code are not provided. But there is an exception. In the event that the reduced working day is stipulated in the conclusion of the medical commission, the employer has a duty to reduce either the duration of the shift, or the working week, but without any restrictions in anything else.
Additional preferential compensation, albeit not too large, is given to a disabled person since childhood 3 groups. The benefits provided to people with this diagnosis are mainly related to tax payments:
Thus, disabled people have a lot of legislative indulgences to ensure their normal and comfortable life in society.
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