General rules for providing housing to disabled people
Social housing for people with disabilities is provided based on their state of health within the limits established by law, as well as those exceeding these standards, but not more than 2 times.
Residential premises are provided under social rental agreements. The law also provides for subsidies for disabled people of group 3 to purchase housing, preferential terms for paying for this housing, and they can also be equipped with special devices necessary for the life support and adaptation of disabled people. Also, Article 17, Article 181 of the Federal Law answers the question of whether disabled people and disabled children located or living in social service organizations have the right to additional living space.
Thus, they also retain the right to receive housing or improve their living conditions. At the same time, if housing for social rent has already been provided, and the disabled person lives in social service organizations, then the right to own this living space is retained by the disabled person for six months. The released housing, which has special adaptations and was previously occupied by people with disabilities, is also transferred first and foremost to other people with disabilities in need.
Conditions of receipt and requirements for the recipient
The following may apply for money for housing expansion:
- disabled people of all groups standing in line;
- family members of a disabled child who has not reached the age of majority have equal rights to financial assistance.
On a note. Relatives caring for a disabled person are not entitled to assistance; it will only be received by a person who has documented their health condition.
Subsidy funds are allocated by the budget annually and transferred to territorial authorities. There they determine how many people from the queue will receive help. To do this, the amount received is divided by the amount of payment due to one person.
Recipient requirements are as follows:
- it must relate to low-income citizens;
- do not have your own living space or have one, but it does not meet sanitary requirements (a room with high humidity, the presence of fungus on the walls, cracks in the walls or ceiling, etc.);
- live in an apartment whose area is less than the living minimum.
The procedure and features of obtaining social housing for disabled people
All disabled people, regardless of group, have the right to improved living conditions. After receiving the status of a disabled person, the latter, in order to receive benefits and register as someone in need of housing or improved housing conditions, must provide data on his disability and supporting documents to the social protection authorities at the place of registration, since they are distributed and provided according to the territorial sign. Thus, when considering the question of where a disabled person should go to obtain housing according to the law, it should be said that his decision is within the competence of the social protection and social security authorities.
Who is disabled?
Disabled people are people who have a health disorder with a persistent disorder of body functions, leading to limited life activity.
Disability can occur as a result of congenital or acquired pathology of any of the body systems (disease, consequence of injury). As a result of the defect, a particular individual ceases to fulfill his role in society corresponding to his age, gender and social category.
Today, Russian legislation contains many legal documents related to disability.
A number of these documents describe the conditions for assigning a citizen the status of “disabled” and the procedure for determining his disability group.
Conditions for assigning disability
According to the existing classification specified in Decree of the Government of the Russian Federation No. 95, there are 3 groups of disability and the concept of “disabled child”, which differ from each other in the severity of the disease or deviation.
The conditions for group assignment are as follows:
- The human body has a serious health disorder with a persistent disorder of body functions caused by congenital or acquired defects, injuries, and serious diseases.
- A person needs social protection, including rehabilitation and habilitation.
- Limitation of life activity (complete or partial loss of the ability to move, communicate, care for oneself, control oneself, etc.).
Specialists of a special medical examination have the right to recognize a person as disabled, a referral for which can be obtained from a pension fund, a department of social protection of the population, or from a medical organization from the attending physician.
It happens that a citizen is denied a referral for an examination, then he can contact the expert bureau independently. Citizens who have received the status of “disabled” apply for a number of benefits from the state, including material support, transport benefits, reduced tax burden, etc.
In addition, the Government is committed to providing housing for disabled people in need of accommodation.
Download to view and print
Decree of the Government of the Russian Federation dated February 20, 2006 No. 95
Registration for housing
The issue of priority and how to get housing for a disabled person of group 1, and in general the moments of providing housing today, is divided according to time.
Thus, it is customary to distinguish between disabled people registered before January 1, 2015 and after this period. So, for those who registered before January 1, 2005:
— funds are issued for the purchase of housing;
— the right to receive housing for social rent is retained.
Those who joined the queue for subsidized housing for disabled people of group 1 after January 2005 are given housing in the order of priority, with the exception of cases where disability occurred due to severe forms of chronic diseases, as well as to disabled people suffering from similar diseases.
It is noteworthy that in the absence of available housing, a subsidy is provided for the purchase of housing for disabled people of group 2.
Who can apply for an apartment with disabilities of groups 1, 2, 3 in 2021
Citizens with officially confirmed 1st, 2nd or 3rd disability groups have the right to register housing ownership at the expense of a state subsidy. This advantage is associated with the unsatisfactory state of health of citizens, limited mental or physical capabilities.
Recognition of disability and assignment of a degree of incapacity for work is carried out by a medical commission after passing all tests and examinations of the health status. You can undergo them with the direction of your attending physician at the clinic at your place of residence or the Pension Fund of the Russian Federation.
In addition to a housing subsidy, a citizen with a disability can apply for a state benefit, benefits for the provision of services, an exemption or discount of up to 50% on transport tax, and other benefits from the state.
Criteria for recognizing disabled people and their families as needing housing
The full list of criteria, in the presence of which disabled people and families with disabilities have the right to provide housing, are listed in 901 Government Decree of July 1996 (the resolution became invalid as of April 14, 2018. See Decree of the Government of the Russian Federation of April 5, 2021 N 410 )
Thus, when making decisions, government bodies are guided by the following criteria:
- the size of the living space available for the use of a disabled person and his family is below the established norm;
— housing does not meet the requirements of sanitary and technical standards;
- several families live in an apartment or house, which includes members with even more serious illnesses and diseases; a disabled person lives in an apartment with citizens with whom he is not related;
— benefits for the purchase of housing for disabled people of group 3 are provided if they live in dormitories and communal apartments, and also live for a long time in apartments owned by other people.
These criteria are the most significant when deciding on the provision of housing and subsidies for its purchase for people with disabilities.
Formula with description of variables and example of calculation
The amount of cash assistance for housing differs depending on the territorial district in which the person in need lives. The subsidy for an apartment is calculated as of the day on which it will be provided to the person.
Since the certificate is valid for only 6 months, it is better to calculate in advance the amount you can count on.
The formula consists of the following parameters: the cost per square meter of housing and the area, which, according to the state, is the minimum for a disabled person to live in, that is
X = Cm*Smin , where:
- Cm – cost per square meter;
- Smin – minimum area.
The state provides funds for the minimum living area for one disabled person - 18 square meters. The remaining amount must be paid independently.
Let's look at a specific example:
As of 2021, the average cost per square meter of living space in Moscow Region was 83,400 rubles. Then 18 square meters financed by the state will cost 1,501,200 rubles. According to the law, a citizen with disabilities must be provided with a certificate worth one and a half million rubles.
Assistance is provided by non-cash funds, which are transferred to the buyer’s personal account.
After receiving the subsidy, a person has 3 months to find a suitable housing option. In special cases, the period can be extended for another 2 months. If during this time a person has not found housing for which he has enough funds, he must return the certificate while retaining the right to receive it after a year.
As practice shows, after a year of insufficient funding it is no longer possible to receive help, so many disabled people of groups 1, 2, 3 live for years “on bags”, with all the prepared documents and a regularly updated list of housing available for purchase.
Documentation
Returning to the question of how a disabled person can get an apartment or subsidies for its purchase, we cannot help but touch upon the issues of preparing the necessary documentation.
From the social security authorities, you must take a sample application for housing for a disabled person, fill it out, and additionally attach the following documents:
— extracts from the house register;
— a copy of your personal bank account;
— a certificate or certificate confirming disability;
— a document on individual rehabilitation or a program.
Additionally, medical documents reflecting the causes of disability, the period of obtaining this status, and the results of medical social examinations are attached. Documents can be submitted by the disabled person himself, as well as by members of his family, guardians or trustees.
How to get it: step-by-step instructions
In order to receive subsidized housing, a disabled person must complete the following steps:
- Please first ensure that all conditions for receiving such assistance are met. It should be kept in mind that if support was already provided at your previous place of residence, you will not be able to receive it again.
- Prepare a complete package of necessary documents according to the approved list.
- In accordance with the established procedure, register as a person in need of improved housing conditions.
- Wait for a decision to be made on this issue.
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