Citizens living in apartment buildings are required to regularly make payments for future work - major repairs, benefits are provided to pensioners and the disabled. What categories can count on compensation? What has changed in the regulatory framework?
Deputies reviewed and approved a law guaranteeing the return of expenses (part of them) for major repairs. Previously, shortcomings in legislation infringed on the rights of citizens. A 50% benefit was given to pensioners over 70 years of age, and a 100% compensation payment was given to people whose age exceeded 80 years. Disabled people with health limitations of the 1st and 2nd degrees who own real estate could also count on a refund of half of the amount paid.
The conflict was as follows: a non-working pensioner could apply for a state subsidy only if the apartment was registered alone or together with a significant other of the same age group. Another version of injustice is the cohabitation of an unemployed elderly person and a person with disabilities. The latter cannot take advantage of the benefit for paying for housing and communal services guaranteed by the law “On Social Protection of Disabled Persons in the Russian Federation”, but must choose between state guarantees.
A combination of circumstances can completely deprive you of the privilege. Not all pensioners live alone, and people with disabilities own real estate. The new version of the Housing Code allows families consisting of representatives of both categories to count on state support.
Should a pensioner pay for major repairs?
State compensation is provided only to certain categories of citizens. The status of a pensioner in itself does not provide such an opportunity. There are a number of professions that allow you to retire early, long before the age of sixty. But no one will give a benefit for major repairs to an employee of the Ministry of Internal Affairs who retired at the age of 45 due to length of service.
If the owner of the apartment receives a pension and is officially employed, he will pay for the overhaul in full. Regardless of age. Only if he does not belong to other categories of beneficiaries:
- veterans,
- disabled people,
- liquidators or victims of major accidents,
- holder of important government titles and awards.
A homeowner over 70 years old will also not be able to receive compensation if he lives with working relatives: spouses, children, brothers or sisters.
Important! Pensioners - apartment owners, like all other owners, do not have to pay for major repairs in houses that are in disrepair and subject to demolition. As well as those located on a site seized for municipal or state needs. This is stated in the Housing Code, Art. No. 169.2.
Legal basis
The main document regulating the issues of financing by citizens of major repairs of their homes is considered to be Law 271-FZ of December 25, 2012, however, this regulatory act only made changes to the Housing Code. All provisions prescribed in 271-FZ are now contained in the relevant articles of the RF LC. Over the past years, adjustments and additions have been made to the code more than once. For this purpose, another regulatory act, 399-FZ, was signed in December 2020. He authorized the addition to Art. 169 of the Housing Code of the Russian Federation, additional subsection 2-1, which allows the establishment of benefits for capital repairs for pensioners after 80. It is also allowed to pay compensation to those home owners who are already over 70.
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Other groups of the population in need of government support are also provided with certain preferences that compensate for additional utility costs associated with the introduction of new mandatory payments on receipts. You need to look for them not in the Housing Code of the Russian Federation, but in legislative acts devoted to the social protection of certain categories of citizens. For example, in 181-FZ of November 24, 1995, additions were made on the state reimbursement of part of the funds transferred to the capital repair fund by disabled people of groups I and II, as well as families with disabled children. Compensation for major repairs to labor veterans can be paid on the basis of 5-FZ of January 12, 1995.
Benefits for pensioners on payment for major repairs
Reimbursement of money paid for major repairs occurs only upon application and after submitting all necessary documents to social security. Funds for compensation come from the federal budget. So there should be no delays in such payments in the regions. The federal budget allocates about 4 billion rubles annually for capital repair benefits for pensioners.
Until 2020.01.01, disabled people and pensioners living together did not receive compensation for payment for major repairs. Single pensioners and disabled people of groups 1 and 2 were entitled to benefits, and a pensioner mother with a disabled son, for example, was often deprived of this benefit. Because:
- the pensioner was not considered lonely;
- the son was not registered as the owner of the property.
Families of 2 or more non-working pensioners, where the homeowner was over 70 years old, also did not receive compensation. Since 2020.04.05, this privilege has been available only to elderly Muscovites.
Since the beginning of 2020, Federal Law No. 226 has been in force, which makes it possible to reimburse payments for major repairs to a non-working homeowner over 70 years of age if he lives with other family members - non-working pensioners and disabled people. This change in the housing complex made it possible for an additional 200,000 people to receive benefits. The new nuance of the law will take an additional 300,000,000 rubles from the budget.
According to the general rules, such homeowners over the age of 70 are reimbursed half of the repair costs, taking into account the minimum contribution and regional standards for living space. And from the age of 80, the payment will be returned in full if it is not more than the minimum, and the square footage of the premises is not higher than the established norm.
Who can you register in an apartment so as not to lose compensation?
Only the full owner of a home who is over 70 years old can count on partial reimbursement of payments. Additional condition: he must live alone or with a family, all members of which have reached retirement age and are not employed.
On January 1, 2019, the new edition of the Housing Code dated November 28, 2018 came into force. In order to receive compensation, it is allowed that in a family living in an apartment with the owner there are not only non-working pensioners, but also disabled people of groups I and II.
Important nuances of the law
Suppose your grandmother is already 70 years old and she has applied for benefits for major repairs. She paid 1,000 rubles for the overhaul and expected to receive 500 rubles. compensation. But they only gave 297 rubles. Were you deceived? It's possible. But let's figure it out.
Article TC No. 169 states that the refund amount is calculated based on:
- minimum contribution for this region per 1 m2;
- housing standards per person.
If in your region the monthly minimum for major repairs (MIN) is 18 rubles/m2, the living space norm for a single tenant (Snorm) is 33 m2, then the amount for calculating the benefit will be:
MINxSnorm=18 RUR/m2×33 m2=594 RUR
And the grandmother must be returned 50% of 594 rubles - this is 594 × 0.5 = 297 rubles.
But the actual total area of the apartment is 50 m2, and in this house the cost of major repairs is 20 rubles/m2, so it turns out:
50 m2×20 rub/m2=1000 rub
For a family of 2 people, the average norm is 21 m2, for a family of 3 - 18 m2. For each region of the Russian Federation, this indicator is determined separately.
Another important rule for receiving compensation is that there should be no rent arrears.
List of documentation for receiving compensation
Each owner of an apartment in an apartment building is required to pay a monthly contribution for major repairs. Benefits for pensioners are provided in a limited number of cases.
Let's consider the list of documents for providing compensation. It includes:
- civil passport of a pensioner;
- SNILS;
- a copy of the title document and an extract from the Unified State Register of Real Estate;
- extract from the personal account;
- certificate of family composition;
- extract from the migration service;
- a copy of the work book;
- an extract from the Pension Fund confirming the absence of an official place of employment;
- account details for compensation;
- documents confirming that contributions for major repairs are being calculated;
- payment receipt.
When contacting the MFC, the pensioner receives a printed application. You just need to sign it. After which the specialist will issue a receipt for receipt of documents. The originals are returned to the applicant.
Payment is provided for 1 year. After which, the citizen must confirm his right. Payment for major repairs to pensioners over 70 years old is made in full, but 50% of the payment is compensated.
If a citizen has not reached the specified age, the following documents must be submitted:
- "Veteran of Labor" certificate;
- ITU certificate;
- documents of a combat veteran;
- documents of the parent or legal representative of a disabled child.
Another option for receiving benefits is to apply through the State Services electronic service. The application on the website is filled out electronically, and documents are attached in scanned form. However, this method is available exclusively to owners of an electronic signature.
The application is reviewed within 10 days. When submitting documents through the MFC, the period will increase by 2-3 days. Based on the results of the review, the citizen will receive an SMS message.
When contacting the social protection department directly, it is advisable to personally clarify the result of the review.
Procedure for applying for benefits
Doing everything necessary to obtain compensation for an elderly person is not easy. Here the help of relatives or younger acquaintances will be very useful.
To receive benefits, contact social security at the place of registration. MFCs should also be involved in this work.
Compensation for major repairs is calculated from the beginning of the month that occurs after the date of application. For example, if you applied to social security on April 15, and all your documents were accepted, then the preferential refund will begin to accrue on May 1.
Validity of the benefit in different regions
Final decisions on compensation are made at the regional administration level; they differ insignificantly:
- in the Kostroma region, regulations were adopted before the new year;
- in the Belgorod region, the law will come into effect only in July, but funds paid since January will be reimbursed;
- Vladimir and Kursk regions have been returning money since April;
- in the Kaluga region the law will be in force only in 2020. Afterwards, its effectiveness will be assessed and a program will be planned for the next year;
- The Bryansk region is just beginning work on the adoption of new regulations;
- in Tula the bill has not yet been submitted for consideration;
- in the Tambov region, the number of beneficiaries is preliminarily calculated.
Important. Federal legislation obliges citizens to pay for major repairs in a timely manner, otherwise penalties will be assessed, and the regional operator may go to court to demand the recovery of the total amount of penalties and contributions, as well as legal costs incurred.
Watch a video about the benefits for major repairs for pensioners over 70 years of age.
Preparatory stage
As soon as the owner of the apartment turns 70 years old, he can apply to social security on the same day to receive benefits. Let's say your birthday is April 22, Monday. If you immediately come with ready-made documents, then you will be able to receive compensation for major repairs already for the month of May.
You must visit the housing office in advance to obtain documents about family composition and payment for the previous month. It also wouldn’t hurt to visit the bank to get a statement of your account details if you don’t have a passbook on hand. All other documents must be at the pensioner’s home; you just need to make photocopies of them.
Why payment of compensation may be terminated
The most common reason why social security suspends the calculation of compensation is the pensioner’s arrears in contributions. In accordance with the Housing Code, payment of the bill must be made monthly within the period specified by the management company. If the apartment owner violates housing legislation, social security has the right to suspend payments. After all, this is compensation for expenses incurred, and the pensioner did not make any expenses.
Suspension usually begins after payments have not been received from the owner for three months. If the pensioner pays all overdue debts, payments are resumed. In this case, it is possible to receive compensation for the past period, but not more than for three years. Payment may also be suspended due to the fact that the conditions defined in the Housing Code of the Russian Federation and regional regulations are no longer met:
- the owner of the apartment lost his right of ownership
- the pensioner himself or a family member went to work
- a person who is not a non-working pensioner or disabled person has registered in the apartment
The recipient of compensation is obliged to promptly inform social security about the facts causing the termination of payments. It is against the law to receive government assistance without justification.
Required documents
All documents to receive a refund for major repairs are required in the original for verification. Only photocopies are available. A specialist from the social security authority must provide:
- passport;
- SNILS certificate;
- an extract from the Unified State Register confirming the ownership of housing (if it does not exist, then a privatization or sale agreement);
- a copy of the completed part of the house register or a personal account statement indicating information on all residents registered in the apartment;
- confirmation that the pensioner is truly unemployed - work record book, pension account statement;
- a passbook or information from the bank about the account details to which the refund for major repairs will be credited;
- statement with accruals for major repairs for the previous month and a receipt confirming payment.
Important! It is better to write the application on the spot so that there are no problems with its correct execution. Social security should provide a form and sample to fill out.
If a beneficiary is in arrears for 3 months in payment for major repairs, compensation is suspended. After repayment of the debt, payments are resumed, but only for a period not exceeding 36 months.
Refunds for major repairs stop after the owner or one of the pensioners living with him gets a job, as well as a citizen of working age is registered in the apartment. The grounds for cancellation of the benefit are change of place of residence, loss of property rights. The pensioner is required to notify the social security authorities of all these changes.
For additional advice, you can contact a professional lawyer who will help in preparing documents and resolving all related issues related to the housing sector.
How to apply for and receive benefits
Many people mistakenly assume that pensioners do not need to do anything to receive benefits for major repairs. The subsidy is automatically calculated only if the person has previously applied for other benefits from the state. This includes Chernobyl victims, veterans, and disabled people. Everyone else will need to claim their rights.
Where to go
To receive a subsidy, you must submit an application in one of the following ways:
- personally contact the social security authorities;
- through the MFC;
- online on the State Services website https://www.gosuslugi.ru/249464/1/info.
Since the health status of many pensioners creates certain difficulties in getting to the authorities in person, and they do not know how to use the Internet, you can issue a power of attorney to an authorized person. In addition, social services also organize on-site visits.
Conditions of appointment
To compensate 100% or part of the contributions for major repairs you must:
- document your right to a subsidy;
- be the legal owner of the property (the tenant does not have this right);
- be registered at your residential address;
- pay for housing and communal services on time and in full.
It is also worth considering that you can only receive a benefit on one basis.
Documentation
In order to be exempt from contributions or reimbursement of expenses for them, you need to collect a fairly impressive package of documents:
- statement;
- passport of a citizen of the Russian Federation;
- documentation on the assignment of pension payments or other paper indicating the right to a subsidy;
- certificate of ownership;
- SNILS;
- work book;
- a certificate of no recent debt;
- an extract from the house register;
- certificate of income (if the pensioner does not live alone, then such a paper should be taken for each resident).
The application is drawn up in free form. The list of documents by local authorities may be expanded. The period for their consideration cannot exceed 10 days.
