Maternity capital for the treatment of a disabled child: conditions and documents

Photo: pixabay.com Updated: 03/27/2020

Maternity capital funds can be spent on the purchase of goods and services intended for the social adaptation and integration of disabled children into society (Article 11.1 No. 256-FZ). However, in reality, exercising your right to receive free assistance and use maternity capital funds is not so simple.

Money from maternity capital can only be received as compensation for expenses. To do this, you first need to pay for goods or services yourself, and then, based on payment documents, the Pension Fund will transfer funds from maternity capital to the current account.

To receive “compensation” from maternity capital, you need to go through a second MSEC, where the IPR will indicate a certain type of product or service that the child needs.

You can spend money on a disabled child from the maternity capital of the first, second or third child. Thus, the certificate funds can be spent before the child turns 3 years old.

The amount of maternity capital and the conditions for receiving it

The program for financing a disabled child is aimed primarily at:

Rehabilitation of disability recorded by MSEC
Socialization allows you to introduce the child into the social environment

The meaning of innovation

According to the Pension Fund of Russia, the number of families that received a certificate and have disabled children in 2020 alone amounted to 13.5 thousand people. Of course, all these children, like their families, need support from the State. And all because the socialization of such citizens is a difficult and, most importantly, expensive task.

In this regard, it was decided that part of the funds from state aid will be given to disabled children for the following purposes:

Rehabilitation of children whose disabilities are actually recorded in the ITU.
Socialization, which allows the child to be introduced into the social environment.

Exact list of specials devices and services approved by Order of the Government of the Russian Federation of April 30, 2020 No. 831-r.

Brief information about maternity capital

In 2007, or more precisely on January 1, a project came into force to provide a certificate for the issuance of a fixed amount of funds to citizens who gave birth to or adopted a second or each subsequent child. From this moment to the present time, maternity capital has been recognized as the main measure of support for families raising several children.

As for the amount of capital, it has repeatedly been subject to changes, and upward. However, in 2020, indexation was canceled due to a lack of budget funds.

Currently, the amount of state aid is 453 thousand rubles and no adjustments to this value are planned until 2020.

If we talk about the specifics of using the certificate, then perhaps the most important point here is the list of areas within which funds can be spent. An exhaustive list is given in legislative act No. 256-FZ.

The main goals are:

improvement of living conditions;
children's education;
contribution to the mother's pension savings.

Since 2020, the list has been supplemented with one more direction. Now family capital can be spent on the adaptation of a disabled child to society, as well as on the purchase of necessary equipment for his life (Federal Law No. 256, Article 11.1). However, this paragraph applies exclusively to children with disabilities and the diseases that caused them.

What does the government mean by social rehabilitation and habilitation?

So, it is for these purposes that the government allows funds from maternity capital to be spent. So what is social rehabilitation and habilitation?

Rehabilitation is a program aimed at restoring those functions that are absent or poorly functioning in a disabled child. The essence of this procedure is to restore, if possible, the child’s health, as well as to provide him with more opportunities to function in society with the state of health that he has.
Habilitation is a procedure aimed at ensuring that a minor develops abilities for educational, gaming, and other types of activities, as well as for self-care.

This is precisely what funds can be used for, but not always, but with some reservations.

Required documents

To satisfy the claim for compensation for rehabilitation costs, the authorized person (certificate holder) must prepare the following amount of paperwork:

Application in the prescribed form;
Passport of the subsidy bearer;
Documents confirming the birth or adoption of a disabled child;
An inspection report drawn up by an authorized person from the social authority. protection;
The applicant's current account;
An act confirming a medical examination;
Individual rehabilitation program for a child with a disability;
Payment documents confirming the right to receive compensation payments;
Original certificate;
If the owner of the certificate is a person other than the mother or adoptive mother of the child, then the package of documents includes papers establishing the reason for providing the maternal certificate to the woman’s legal successor;
Power of attorney for the right to represent the interests of the applicant (notarial form only).

What to spend it on

The law states that disabled children are entitled to:

Rehabilitation assistance.
Technical means used for the same purposes.
Services for special minors.

For each child, their own IPRA program (Individual Program of Rehabilitation and Habilitation) is developed, which takes into account the individual needs of the child. It is issued by ITU during the examination.

As a result, it turns out that maternal capital can be spent on the following rehabilitation measures for a disabled child:

Activities that are included in the IPRA by decision of the ITU.
Those events that are not provided by the state as free.

Maternity capital cannot be spent on extra-budgetary services and goods, such as medical rehabilitation, medications and treatment.

Conditions for providing funds

The procedure for paying maternity capital begins with checking that certain conditions are met. Moreover, these differ somewhat from the standard list of requirements for candidates for using funds under the certificate. The conditions are somewhat more flexible.

You can count on money under the following circumstances:

The right to use family capital funds has not previously been used.
The age of the child whose birth gave him the right to receive maternity capital can be of any age. Whereas in most cases, the use of a certificate is allowed only after the child reaches 3 years of age.
The costs of assistance in the adaptation of a disabled child are covered, and the order of birth does not play a role in this case. Simply put, maternity capital funds can be spent on a minor who needs it, even if the right to a certificate did not arise due to his birth.

Of course, in addition to compliance with the conditions, you will additionally need to confirm the reality of rehabilitation and the purchase of goods specified in the individual adaptation program.

Providing services according to the free federal list

There is a list of activities that are provided to disabled children completely free of charge according to the federal list. This includes the provision of technical equipment and medications, prosthetics, and sanatorium-resort treatment.

Please note that maternity capital cannot be spent for these purposes!

The free federal list lists the following goods and services:

Measures taken to rehabilitate the child. That is, this is restorative and reconstructive treatment, which includes items such as orthotics, prosthetics and medications.
This also includes means for special rehabilitation.

Specialized tools of this type include:

Equipment designed to care for disabled people - such as special handrails, wheelchairs and canes.
Devices for hygienic procedures include special absorbent underwear, anti-bedsore mattresses, devices for grasping objects and dressing.
Devices created specifically for orienting disabled people - that is, the help of dogs specially trained for this (this also includes all the necessary equipment).
Prostheses and prosthetic-type devices - this includes not only the prostheses themselves, but also special underwear, hearing aids, shoes, and so on.
Reading devices for the visually impaired and so on are used as educational aids.
If necessary, communication devices are provided, such as voice-producing devices or televisions equipped with teletext for the visually impaired.

Additionally, children with special needs are provided with rehabilitation services, such as typhology and sign language interpretation, maintenance for guide dogs, as well as repair of TSD.

Those devices listed above are fully paid for by the state. As for TSR, they remain at the child’s complete disposal.

If the TSR was purchased by the child’s family, then compensation for the funds spent is possible. However, you need to contact the social security authorities for this.

What is a rehabilitation program?

An individual rehabilitation program is an important document indicating the health characteristics of a child with a disability and the set of measures necessary to carry out to improve his well-being or ensure unhindered coexistence with society.

Features of IPR:

Drawed up in two copies;
Any changes to the document are made only after receiving a re-referral to the ITU;
The document must be valid and relevant at the time of submitting the corresponding application to the Pension Fund;
It is to use the opportunity to compensate for the costs of a child’s rehabilitation that a list of necessary goods and services is included in the document.

The rehabilitation program is a comprehensive document that includes the following instructions:

Referral for a medical examination and the child’s abilities;
Direct examination (assistance) by professionals;
Special support;
Indications on the need to attract specialists in psychological and pedagogical fields;
Recommendations or work in the physical education area;
Types of assistance to overcome possible social barriers;
List of activities that are available according to the adopted federal support program;
The volume of goods available for purchase (compensation) from maternity capital funds.

List of funds covered by the certificate

The government has created a whole list of funds that can be compensated using funds from maternity capital. This includes 48 items consisting of the following categories:

Devices designed for self-service and personal care - such as mobility lifts, stair lifts, as well as special chairs and beds equipped with functional devices.
Devices created specifically for education and training are plastic intended for writing, specialized means intended for drawing, devices used for Braille writing, as well as computer tactile displays, and so on.
Equipment that allows you to develop the vestibular and motor apparatus.
Technical devices designed specifically for communication and communications (special headphones, measuring instruments, telephones for communication, and so on).
Devices used for sanitary and hygienic provision, including special folding functional boards designed for bathtubs, chairs, bathtubs themselves, stools, and so on.
Specialized secretary-reader services.

The Russian government spent a long time agreeing on what exactly should be included in this list. As a result, only those services listed above were approved. But they rejected many other services, including the services of a psychologist and speech therapist, various rehabilitation measures, as well as the purchase of sports equipment and exercise equipment.

In order to be able to spend a certificate on the list listed above, the activities must be prescribed in the IPRA.

Problems that may arise with receiving funds

After the list, as well as the method of providing for a child with its help, was finally adopted, it turned out to have many restrictions that do not make it possible to fully use the certificate for maternity capital.

Thus, using a certificate you cannot receive compensation for expenses incurred for medical services .
You cannot receive funds for those services and goods that are listed in the free list .

In addition, parents faced the following additional obstacles:

Availability of free medicine.
Availability of federal provision of children with free services and goods.

But, unfortunately, the products offered by the state are not suitable for every child with disabilities. And their number is so negligible that only a few can receive them. Which, naturally, causes confusion among parents.

In fact, you can spend maternity capital only on those goods that are provided by the Government and included in the IPR and IPRA. But for parents this is negligible.

List of available goods and services

A complete list of rehabilitation activities and services that a child with a disability can count on is indicated in Government Order No. 831.

All available options can be divided into 2 blocks:

Technical support (goods), which consists of providing funds for rehabilitation. For example, bicycles, functional chairs, specialized beds, games, headphones, lifts for moving people, baths, exercise equipment, in a word, all kinds of technical paraphernalia.
Services. In particular, providing the services of a reader-secretary.

The list of rehabilitation programs also includes all kinds of activities aimed at the social adaptation of a disabled person, his development and assistance in inclusion in public life.

Required actions and documents

So, how can you get compensation if you were able to find a service or product for your child that really suits him? To do this you need to follow these steps :

To begin, you will need to go to your local hospital. Here you will be given a referral to ITU.
Next, you will need to contact the ITU to have goods and services included in your IPRA for which you can receive compensation.
Buy goods yourself that are included in the IPRA (or these will be special services). However, do not forget that you will need to save the relevant payment documents.
Next, you will have to visit the social security office and submit all the necessary documents there, and then wait for the authorities to verify the papers you submitted.
After social security carries out an inspection, you will need to contact the Pension Fund with an application so that you will be compensated for the goods you purchased.

list of papers for the fund . These will be:

Passport of a person holding a certificate for maternal capital.
IPRA for a child.
Payment papers evidencing the acquisition.
Social security check report.
Details to which funds will be transferred.

It should be remembered that you can receive funds from the certificate only in the form of compensation after the necessary goods have been purchased and the corresponding payment documents have been provided. This can be done, unlike many other methods, without waiting for the child to be three years old.

What documents will be needed

A request to transfer funds under a certificate will be accepted and approved only if the package of papers attached to the application form is complete. Moreover, it is recommended to clarify the list of documentation in advance.

In any case, you will need to prepare the following papers and copies:

passport of the applicant;
rehabilitation program assigned to the child;
certificate for maternal capital;
an act from the social security service proving the availability of equipment;
account details at a financial institution.

The package of documents will need to include sales or cash receipts, equipment purchase and sale agreements, and other receipts and papers indicating the fact of purchase of technical equipment.

Maternity capital funds can now be used to compensate for the cost of adaptation and development of a child with a disability category. However, you will first need to obtain an individual rehabilitation program, where the need to purchase a particular product must be recorded. But expenses for treatment or the purchase of medicines cannot be covered, because the possibility of receiving them free of charge is provided for by the general federal list. In a word, in fact, maternity capital can only be spent on some technical paraphernalia, which, in the opinion of the state, disabled children need.

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Anna Vladimirovna

I am the editor-in-chief of our information portal, and I carefully review all the material from our experts before publishing them here. An economist by education, specialization in accounting, analysis and audit. Experience as an accountant for 10 years. I can work with long texts and legal documentation.

What can maternity capital be spent on for disabled children?

The text of the law stipulates that a specific list of goods and services for children with disabilities to which maternity capital can be allocated, which does not contradict the Federal List discussed above, must be established by the Government of the Russian Federation.

By the time the amendment on the allocation of funds for the rehabilitation of disabled children came into force (by the beginning of 2020), such a list had not been established , but was at the stage of public discussion. As a result, it was officially adopted and published only 4 months later - by Resolution of April 30, 2016 No. 831-r.

In this case, if the IPRA contains an event, product or service that is on the new government list, parents will be able to submit an application to the Pension Fund for the use of money.

List of goods for integration of disabled children into society

According to official information published on the Government website, the list of goods for rehabilitation and social integration includes:

Technical means:
ramps;
special motorized beds, chairs.
Adaptations for mobility and development:
Braille displays for visually impaired children;
aids, stands (for books, computer).
Specialized sports equipment:
bicycles for children with cerebral palsy;
treadmills with speech output;
other equipment for the blind and people with other disabilities.
Sanitary and hygienic equipment:
shower and bath chairs;
other bath aids;
means for measuring climatic parameters.
Communication means:
headphones, games, keyboards;
clock with various signals and indicators;
electronic organizers.

List of paid services for social adaptation

The initial version of the list, proposed by the Ministry of Labor and Social Protection, offered the following services for disabled children , for which it was proposed to allocate maternity capital:

Payment for rehabilitation measures:
payment for any creative activities;
alternative therapy (hippo-, dolphin-, canis- and feline therapy).
Payment for services for the creation of sensory rooms with specialized equipment to stimulate the senses (tactile and sound devices, lamps) and create a sense of safety for the child .

However, in the final version, based on the results of “public discussions,” this entire list was reduced to one single item: “services of a reader-secretary . There is no longer any mention of any dolphin therapy, speech therapist services or creative activities in the Government-approved order No. 831-r dated April 30, 2020!

At the same time, many parents enthusiastically accepted the opportunity to offset the costs of dolphin therapy and other non-medicinal and non-surgical methods of child development and recovery. Once again, unhappy parents are given even less than the minimum they were originally promised!

The list of services initially did not include drug or surgical medical treatments. It is believed that in the Russian Federation they are still the prerogative of free medicine. Although in fact there are often not enough quotas for operations for many disabled children. For a similar reason, items on the services of a speech therapist or psychologist may have disappeared from the original list - it is believed that you can also go to them for free.

What is the essence of the innovation?

Federal Law No. 348-FZ of November 28, 2015 introduced amendments and modifications to the current Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.” From the text of the document it follows that:

From January 1, 2020, funds for

can be used “to purchase goods and services aimed at social adaptation and integration into society of disabled children.”
These goods and services, which can be purchased under a certificate in relation to a specific disabled child, must be provided for by an individual rehabilitation or adaptation program (IPRA).
You cannot spend maternity capital on medical services, as well as rehabilitation measures and goods listed in the “Federal List of Rehabilitation Measures, Technical Rehabilitation Equipment and Services” (in accordance with Article 10 of Law No. 181-FZ of November 24, 1995 “On Social protection of disabled people in the Russian Federation").
Money can be directed to any child in the family , natural or adopted (and not just to the one in connection with whose birth the family received a certificate), without waiting 3 years from the date of birth or adoption.
The Pension Fund of the Russian Federation transfers maternity capital funds to pay for goods and services for a disabled child only in the form of compensation for expenses already incurred - that is, initially the family will have to pay for them at their own expense!
When parents submit an application for disposal in this area of spending maternity capital, it is necessary to provide an inspection report from the social service authorities at the place of residence, confirming the receipt of a service or the fact of purchasing a product from the list established by the Government.

The law has raised many questions because it does not fully take into account the real needs of families with disabled children (in particular, funds cannot be used for paid treatment ). Additional difficulties are created by the proposed procedure for sending money - a form of compensation for costs.

Also, for a full six months until May 2020, it was not entirely clear what exactly money could be spent on within these areas, since the process of approval by the Government of rules and official lists was delayed. Only on May 11, 2 long-awaited documents were published:

Government Decree of April 30, 2020 No. 380 “Rules for allocating maternity capital funds to disabled children”:
Order No. 831-r dated April 30, 2020 “List of goods and services for social adaptation and integration into society of disabled children”:

Nuances

Before enacting the amendment, the Government carefully considered the list of services eligible for compensation from the volume of subsidy funds under the certificate. In order to avoid illegal use of capital and fraudulent manipulations on the part of unscrupulous subsidy owners, the final document was reduced as much as possible in the number of alternative options for disposal (compensation) of the mother’s certificate.

The established restrictions created obstacles to the full use of the subsidy, including:

Parents of disabled children were deprived of the opportunity to compensate for the costs incurred in paying for medical services (there are some exceptions);
According to the terms of the novel, free services are not subject to compensation, but they are not always completely gratuitous (there are cases of speculation);
The list of free services from the state is unified and is not always able to meet the individual needs of a disabled child;
The current federal list of free goods and services is small and often the supply cannot satisfy the emerging demand, so parents have to independently purchase the required equipment;
The legislative initiative did not include in the final list of rehabilitation services that can be compensated through subsidies, activities related to surgical or medicinal treatment, while disabled children are acutely aware of the lack of quotas for the relevant operations.

Since the amount of the subsidy in the form of a maternity certificate has been frozen since 2020 and its subsequent indexation is limited, many families are trying to use the subsidy as quickly as possible, because:

Every year, part of the capital depreciates (by approximately 50 thousand rubles);
In some areas of the certificate implementation, a barrier has been established - until the child reaches the age of three full years (exceptions - mortgage, child rehabilitation, payment for educational services in a preschool institution).

How to use maternity capital for disabled children

The procedure for using maternity capital funds for disabled children is also regulated by a special document approved by Government Decree No. 380 of April 30, 2020 “Rules for allocating funds (part of the funds) of maternity (family) capital for the purchase of goods and services intended for social adaptation and integration into the society of disabled children, by compensating the costs of their acquisition.”

If the regulatory documents on the management of maternal capital funds in this area are properly finalized, this norm can benefit thousands of disabled children throughout Russia who need rehabilitation and social adaptation. This is especially true in common conditions when a family cannot apply a state certificate in other areas.

The procedure for compensation of costs for the purchase of goods and services for social adaptation and integration into society

Money under the maternal certificate is planned to be transferred in non-cash form to the bank account of the certificate owner , who independently purchased goods or services from the above List for a disabled child provided by the IPRA.

That is, maternity capital funds can be spent on the social adaptation of a disabled child only in the form of compensation for expenses incurred .

In fact, this means that parents of disabled children will have to independently pay for the construction of a ramp at the entrance to the entrance, the purchase of a special bed, means of communication or sports, or purchase other goods or services for a stipulated amount of up to 453 thousand rubles (in whole or in part). And only then wait for a decision on compensation by the Pension Fund for the expenses incurred.

It is unlikely that such an attitude towards families with disabled children can be considered fair, because:

Most often, the family of a disabled child does not have their own funds of this size - often such families are completely low-income, since one of the parents has to continuously care for the child without going to work;
It is hardly reasonable to count on consumer loans in the current economic situation - if the loan is issued, the family will have to overpay significant interest, since the bureaucratic procedures necessary for the subsequent transfer of money by the Pension Fund take several months.

Submitting an application to the Pension Fund and a list of required documents

The owner of the certificate or his legal representative submits to the Pension Fund of Russia an application for the disposal of funds in the established standard form.

must be provided along with it :

passport of the certificate holder (or other identification document and proof of residence);
an extract from the IPRA indicating the child’s individual data, necessary funds and rehabilitation measures (excluding medical services, as well as activities financed from the federal budget);
confirmation of the purchase and payment for goods or services received as part of the integration into society and social adaptation of the child (checks, invoices, contracts for the provision of paid services, operational and warranty documentation for the purchased goods);
act of checking the availability of purchased goods , issued by social services authorities and containing: information about the owner of the certificate for maternal capital;
name of the purchased product for social adaptation;
confirmation of compliance of the purchased product with the list approved by the Government and the individual rehabilitation program for a disabled child (IPRA).

the applicant's bank account details;

a document confirming the authority of the legal representative (if the owner of the certificate applies by proxy through a trustee).

If a complete package of documents is provided and a positive decision is made by the Pension Fund authorities, the money can be transferred directly to the bank account of the certificate holder within 2 months after the relevant decision is made.

Amount and structure of maternity capital payment

In 2020, state support is provided after the birth of the first child and amounts to 466,617 rubles. For the birth or adoption of a second child, another 150,000 rubles are added to this amount. This certificate cannot be obtained yet. Approximately the issuance is calculated for April-May 2020. But now there is an opportunity to apply for payment.

Monthly payments and benefits

From January 1, 2020, families who gave birth to or adopted a second child from January 1, 2018 are entitled to receive monthly payments from MK. A prerequisite for monthly subsidies is that the family income must be less than two subsistence minimums per member. The amount of the monthly payment is the amount of one subsistence minimum in each constituent entity of the Russian Federation. State assistance is provided until the age of three.

You can submit an application for benefits at any nearest branch of the Pension Fund of the Russian Federation. Payments are assigned from the day the application is submitted.

Additional benefits for disabled children and their parents

The main difference between maternity capital for disabled children is that subsidies can be withdrawn before the child reaches the age of three. They can be spent on any minor in the family, in addition to the one for whom the state was provided. support. Payment of maternity capital for disabled children is compensation. To receive it, you must first buy goods and take a receipt for them. The next step is to confirm the need for goods at the social service center.

For this you will need:

passport;
statement;
previously issued certificate for maternity capital;
a receipt proving the purchase of an authorized product;
certificates proving the existence of a declaration of conformity.

This list is general and may vary by region. After completing the act, you need to contact the branch of the Pension Fund of the Russian Federation to fill out an application. You also need to have with you the details of the card or bank account to which the payment will be made. Refunds can be expected within 10 working days from the date of application.

MK for disabled children can only be spent on certain groups of goods, otherwise payment will be refused:

devices that help with movement - chairs, mobile ramps, special tricycles;
products that facilitate hygiene - folding bathtubs, stools, chairs;
goods for therapeutic physical culture;
auxiliary devices - tables, adjustable beds, additional seating furniture;
communication methods - special keyboards, mobile phones, PCs and displays.