Evgeny Struzhak spoke about benefits and payments for foster families in Moscow

Are there any benefits for guardians?

Guardianship and trusteeship are forms of protecting the interests of citizens who are unable to take care of themselves.

This category includes:

• minors;
• incompetent;
• disabled people.

Both institutions are connected and regulated by the same regulatory framework, and as a result, an identical set of benefits. Guardians provide assistance to the ward free of charge.

The law provides for cases when funds are allocated for such support. Persons applying for social benefits devote a lot of time to fulfilling guardianship obligations. As a rule, there is no time to work and earn money. If a person strives for a higher income, it is not worth applying for such a status.

Adoptive parents often try to receive benefits and compensation on the same basis as guardians. But it's not the same thing. State support is not provided for citizens who have taken full responsibility for a minor child. They receive benefits established by Russian legislation for parents. Another distinctive feature: guardianship is temporary, and the rights of the adoptive parents are unlimited.

Maternal capital

Within the time limits established by law, the guardian of a minor child has the right, in the interests of the ward, to apply for a certificate of maternity capital or for its transfer to his name. The main condition for receiving it will be the child’s absence of parents or the condition of the parents making it impossible for them to fulfill their parental responsibilities.

To receive maternity capital for a child under guardianship, the guardian must contact the local pension fund office with a corresponding application, attaching a package of documents that is slightly different from the package attached by the biological parent or adoptive parent. You will need to attach:

• copy of ID;
• a copy of the child's birth certificate;
• a copy of the decision of the guardianship and trusteeship authorities;
• consent of the guardianship and trusteeship authorities to appoint a guardian as the certificate holder;
• bank details of an account opened in the child’s name.

The procedure for registering guardianship and trusteeship

Important ! All actions of the guardian are controlled by the guardianship and trusteeship authorities. Therefore, actions related to obtaining maternity capital must be coordinated with them. Otherwise, the Pension Fund will refuse to accrue maternity capital. All further actions related to the disposal of maternity capital are also consistent with the OOP.

What benefits are available to guardians?

State support for guardians depends on the category (status) of the ward. The privileges of guardians are supervised by social protection authorities.

The general list of benefits covers the following areas:

• taxation;
• employment;
• transport services;
• medical service;
• education;
• social sector (subsidies).

The variety of benefits is regulated by the following regulations:

1. Family Code of the Russian Federation.
2. Civil Code of the Russian Federation.
3. Government resolutions.
4. Presidential Decrees.
5. Federal Law “On Guardianship and Trusteeship”.
6. Orders of the Ministry of Health and Social Development.

Federal legislation granted regions the right to establish individual benefits.

Tax benefits

The right to receive benefits is granted to guardians of minors.

These include tax deductions:

• standard;
• social.

The registration rules are provided for by the Tax Code of Russia.

The standard deduction means that personal income tax (13%) is not charged on a certain portion of the guardian taxpayer's salary.

The monthly deduction corresponds to the following indicators:

These sizes are intended for one guardian.

Example of receiving standard benefits:

Mayatnikov S.N. appointed sole guardian of 2 minors. A citizen's salary is 30,000 rubles. Here the standard deduction is 2800 rubles. (1 and 2 wards for 1400 Russian rubles). Personal income tax is not charged on the entire amount of income, but on a portion - 27,200 rubles.

Social tax deductions for guardianship correspond to the following indicators:

Registration of social benefits consists of submitting a declaration for the expenditure year.

Labor benefits

The employer must provide the guardian with the following privileges:

1. vacation:
   2 or more months;
2. due to illness (care) for a child;
3. maternity leave with retention of place and salary.
4. reduction of working hours;
5. opportunity to opt out:
   overtime hours;
6. evening and night shifts;
7. business trips if the child is under 5 years old.

Social benefits

Among the state guarantees that apply to guardians:

1. Discount when paying for housing and communal services (up to 50%).
2. Spa treatment.
3. Reducing the land tax rate.
4. Priority in obtaining land for housing construction.
5. Reducing the amount of transport tax.
6. No property tax.
7. Preferential travel on public transport.

The scope of benefits in the constituent entities of the Federation differs.

Medical benefits

This category of privileges mainly applies to guardians of children under 18 years of age and disabled people:

Benefits for training

In the general education sector, guardians are entitled to a number of benefits:

• discount on visiting a preschool educational institution in the amount of 50-100%;
• free two meals a day;
• free textbooks;
• preparatory classes without paying a fee (school, technical college, university).

Children under guardianship have the priority right to enroll in kindergarten. To do this, you must submit documents establishing guardianship.

Requirements for guardians and trustees

Child guardianship benefit: amount and payment procedure

Cash payments to guardians

Guardianship benefits are established by the state and local authorities.

The right to receive state assistance from the state budget is enshrined in Art. 31 Federal Law “On guardianship and trusteeship”.

Types of financial assistance:

• one-time payment - a payment intended after the establishment of guardianship;
• monthly - funds from the budget aimed at meeting the needs of the person under care;
• specialized - benefits guaranteed to certain categories of citizens with a certain social status of the ward (for example, alimony).

Financial support provided to guardians is targeted and is not compensation for the fulfillment of social obligations.

Within a subject of the federation, separate guarantees for guardians may be established.

When guarding a minor child

The amount of cash benefit depends on a number of factors:

1. Region. The amount is affected by the SWP and PM at the place of residence.
2. Inflation rate. Every year, the amount of financial assistance is indexed in accordance with the realities of the economic situation.
3. Family circumstances:
   the large family;
4. number of children in care.
5. The child’s health status (presence of disability).

Therefore, it is necessary to clarify how much money the state allocates to guardians in a particular case.

In addition to the above benefits, a minor may qualify for additional financial support in the form of alimony from biological parents.

These funds must be spent on a child under guardianship:

• training and education;
• organization of everyday life;
• purchasing necessary things;
• other.

The powers of the guardianship authorities include checking the distribution of money. In case of irrational use of financial assistance, the guardian may lose monthly payments and lose his status.

Payment terms:

When guarding an incapacitated person

Guardianship of an adult incompetent person is considered a gratuitous service. In some situations, the state guarantees cash payments.

In accordance with Decree of the Government of the Russian Federation dated June 4, 2007 No. 343, you can count on a monthly allowance if the guardian:

• able-bodied (14-55 years for women and up to 60 for men);
• there is no work and no other income;
• provides care for disabled people of group 1 (except since childhood).

Any citizen who provides care has the right to receive such funds, even if they do not have the status of a guardian and live separately.

The amount of monthly compensation is 1200 rubles. In certain regions, for example in the Far North, the amount increases by the regional coefficient.

Compensation is paid from the month the interested person submits an application and the necessary list of documents, but not earlier than the moment the right to such payment arises.

Amounts of benefits not received on time may be paid for the previous period, but no more than 3 years before the appointment.

When caring for a disabled person of groups 1.2

Decree of the President of the Russian Federation dated December 26, 2006 No. 1455 established monthly compensation payments to unemployed able-bodied guardians of disabled people:

• 1 group – 1200 rub.;
• children, disabled since childhood, group 1 – 10,000 rubles.

A citizen caring for a disabled person has the right to dispose of the benefits and benefits of the ward under the control of the guardianship authorities:

• pension;
• state material support: social services, free travel, compensation for treatment or vacation.

Funds must be directed to the needs of the person under guardianship.

When caring for an elderly person

Guardianship of the elderly is a voluntary and almost free activity. The main goal is to care for the old person. The monetary advantage of guardianship over an elderly person after 80 years of age involves a compensation payment of 1,200 rubles. No other benefits in this category are provided.

The procedure for applying for and receiving compensation complies with the general rules for processing state financial assistance.

Benefits upon retirement

According to the Federal Law “On Insurance Pensions”, guardians of disabled people from childhood are entitled to pension benefits, provided:

• registration of status and upbringing until the child reaches 8 years of age;
• Availability of insurance experience: man – at least 20 years, woman – 15.

Procedure for obtaining benefits

The guardian or official representative has the right to appeal to the relevant authority through a notarized power of attorney.

Underwater rocks

Guardians, trustees and adoptive parents may face the following problems:

1. Refusal of civil servants to receive a one-time benefit upon adoption or establishment of guardianship. The reason may be that the application was submitted later than 6 months after the end of the procedure. In this case, the right to payment is lost.
2. The survivor's pension is not paid if the parents are alive and abandoned him. The child's legal representative can file for child support from the biological mother or father.
3. If the child has the indications, then he can receive a free trip to a sanatorium-resort institution once a year. To do this, guardians must contact the social security department at their place of residence.

Lawyer's answers to questions about benefits for guardians

Are benefits provided to a guardian upon retirement?
The pension benefit (early appointment) applies to guardians of disabled people from childhood if they were raised before they reached the age of eight:

• men - 55 years old with at least 20 years of insurance experience;
• women - 50 years old with at least 15 years of insurance experience.

Are there any benefits for paying utility bills?

Benefits in this area include receiving a discount of up to 50% when paying for housing and communal services.

Can a caregiver receive benefits from an employer?

Privileges in case of employment are regulated by law:

• vacation:
• at the request of the person for a period of up to 2 months. The period may be extended depending on the number of wards;
• due to illness (care) for a child;
• maternity leave with retention of place and salary.
• reduction of working hours;
• refusal of overtime, evening and night work, business trips, if the guardian has taken in a child under 5 years of age.

Do guardians of children receive travel benefits?

The exact list and amount of benefits is determined by local regulations. The list differs depending on the region. The most common among them are free travel on public transport, compensation for travel expenses to a place of recreation and back in the case of guardianship of orphans.

What benefits are available when caring for a disabled child?

Guardianship in this case provides:

1. Payments and benefits:
   social pension for the ward;
2. one-time and monthly compensation.
3. A set of free social services:
   provision of medicines;
4. spa treatment;
5. travel by public transport;
6. getting an education.
7. Benefits in the labor sector and taxation (deductions).