Footnote. The title is in the wording of the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V

Footnote. In the text after the word "Chapter" the numbers "I - V" are replaced by the numbers "1 - 5" respectively - by the Law of the Republic of Kazakhstan dated December 20, 2004 No. 13 (shall be enforced from January 1, 2005).
Throughout the text:
the words “16 years old”, “18 years old”, “23 years old” are replaced by the words “sixteen years old”, “eighteen years old”, “twenty-three years old”, respectively;
the numbers "I", "II", "III" are replaced, respectively, by the words "first", "second", "third" - by the Law of the Republic of Kazakhstan dated December 31, 2004 No. 28 (shall be enforced from 01.01.2005).

Chapter 1. General Provisions

Article 1. The right of citizens to state social benefits

1. Citizens of the Republic of Kazakhstan have the right to receive state social benefits for disability and loss of breadwinner on the grounds and in the manner provided for by this Law and other regulatory legal acts of the Republic of Kazakhstan adopted in accordance with it.

2. Foreigners and stateless persons permanently residing in the Republic of Kazakhstan shall enjoy the right to state social benefits on an equal basis with citizens of the Republic of Kazakhstan.

3. Persons who are simultaneously entitled to various state social benefits shall be assigned one benefit of their choice.

No. 293-V

Footnote. Article 1 as amended by the laws of the Republic of Kazakhstan dated 11.16.1999№ 482 (effective from 01.01.2000); dated 15.12.2005№ 101 (comes into force from 01.01.2006); from 03/17/2015 No. 293-V No. 342-V

Article 1-1. Basic concepts used in this Law

The following basic concepts are used in this Law:

1) subdivision of medical and social expertise (hereinafter referred to as the subdivision of the ITU) - a structural subdivision of the authorized state body that conducts medical and social expertise;

2) state basic social benefits (hereinafter referred to as benefits) - monthly cash payments made at the expense of budgetary funds, provided to citizens in the event of disability and in case of loss of the breadwinner;

3) central executive body - a state body in charge of, as well as, within the limits stipulated by the legislation of the Republic of Kazakhstan, cross-sectoral coordination in the field of social protection of the population;

4) an authorized state body - a territorial subdivision of a state body that implements state policy in the field of social protection of the population;

5) State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) is a legal entity created by the decision of the Government of the Republic of Kazakhstan to provide public services, services for issuing technical specifications for connecting natural monopoly entities to networks and services of quasi-public sector entities in accordance with by the legislation of the Republic of Kazakhstan, organizing work on accepting applications for the provision of public services, services for issuing technical specifications for connecting to networks of natural monopoly entities, services of quasi-public sector entities and issuing their results to a service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to real estate at the place of its location.

Footnote. Chapter 1 is supplemented with article 1-1 in accordance with the Law of the Republic of Kazakhstan dated December 20, 2004 No.№ 13 (comes into force on January 1, 2005); as amended by the Law of the Republic of Kazakhstan dated 03.17.2015 No. 293-V No. 342-V No. 408-V (to be introduced effective from 01.03.2016); from 02.07.2018 No. 165-VI

Article 2. Funds for the payment of benefits

Payment of benefits in accordance with this Law is carried out at the expense of budgetary funds.

Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 20.12.2004№ 13 (effective from 01.01.2005).

Article 3. Procedure for assigning benefits

1. The application for the appointment of benefits can be carried out at any time after the emergence of the right to benefits without any limitation of any period.

2. An application for the appointment of a disability benefit with the attachment of documents, the list of which is determined by the central executive body, is submitted to the State Corporation, if the person has a disability at the time of application.

A person has the right to apply to the ITU unit for the appointment of a disability benefit upon the initial determination of disability.

An application for the appointment of a survivor benefit is submitted by an applicant who is eligible for the benefit to the State Corporation with the attachment of documents, the list of which is determined by the central executive body.

The submission of an application for the granting of disability benefits in the case of the initial determination of disability and benefits for the loss of the breadwinner is not required when assigning benefits through a proactive service in accordance with the Law

3. Assignment of benefits to citizens is carried out by the authorized state body in the manner determined by the central executive body.

4. The day of registration of the application with all the necessary documents in the body or organization specified in paragraph 2 of this article is considered the day of applying for the appointment of benefits.

In case of refusal to grant benefits to the applicant, the authorized state body is obliged to explain in writing the reasons for the refusal and return the documents to the applicant through the State Corporation.

5. The decision of the authorized state body may be appealed against in court.

Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (order of entry into force see 2 ); as amended by the laws of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (effective from 01.07.2018); from 11/17/2015 No. 408-V (introduced by No. 272-VI (comes into force upon the expiration of ten calendar days after the day of its first official publication).

Article 4. Transfer from one type of benefit to another

Based on the application of the person receiving the allowance, a transfer from one type of allowance to another is made from the date of registration of the application with the State Corporation with all the necessary documents in the manner determined by the central executive body.

Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 No. 408-V (introduced effective from 01.03.2016).

Article 5. Terms of granting benefits

1. Is excluded by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.07.2018).

1-1. The term for granting benefits does not exceed eight working days from the date of registration of the application with all the necessary documents in the State Corporation or from the date of obtaining consent to the appointment of benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan "On Public Services".

2. Disability benefits are assigned from the date of the establishment of disability, but no more than three months before the day of applying for its appointment or until the day of obtaining consent to the appointment of benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan "On public services".

3. Benefits in case of loss of the breadwinner are assigned from the day the right to benefits arises, but no more than twelve months before the day of applying for the grant of benefits with all the necessary documents or until the day of obtaining consent to the appointment of benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan " On public services ".

4. Is excluded by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004№ 13 (comes into force from 01.01.2005); from 03/17/2015 No. 293-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); from 02.08.2015 No. 342-V (effective from 01.07.2018); from 11/17/2015 No. 408-V (introduced effective from 01.03.2016); from 25.11.2019 No. 272-VI (comes into force upon the expiration of ten calendar days after the day of its first official publication).

Article 6. Procedure for payment of benefits

1. Payment of benefits is made for the current month. In the event of the death of the beneficiary, the benefit is paid up to and including the month of death.

1-1. Persons living in medical and social institutions (organizations) of a general type in a hospital and being fully supported by the state are paid state social benefits for disability and in case of loss of a breadwinner:

in the amounts provided for by this Law, if the assigned amount of the benefit is lower than the subsistence minimum established for the relevant financial year by the law on the republican budget;

in the amount of 30 percent of the amount of the benefit assigned in accordance with this Law, but not lower than the subsistence minimum established for the corresponding financial year by the law on the republican budget.

Persons living in medical and social institutions (organizations) for persons with neuropsychiatric diseases in a hospital and who are fully supported by the state are paid state social benefits for disability and in case of loss of a breadwinner in the amount of 30 percent of the amount of the benefit assigned in accordance with and of this Law.

Transfer of 70 percent of the assigned amount of benefits is made to a separate bank account or to a cash control account of medical and social institutions (organizations).

The procedure for the use of these funds by medical and social institutions (organizations) is determined by the central executive body.

1-2. Children with disabilities with musculoskeletal disorders who live in medical and social institutions (organizations) in a hospital and are fully supported by the state are paid state social benefits for disability and in case of loss of a breadwinner in full.

1-3. If the recipient leaves the medical and social institutions (organizations), the payment of the state social allowance for disability and in the event of the loss of the breadwinner is resumed in full from the first day of the month following the month of departure.

2. The accrued amount of benefits, not claimed by the recipient in a timely manner, is paid for the past time, but not more than 3 years before applying for their receipt.

3. Amounts of benefits that were not received in a timely manner through the fault of the authorized state body, the State Corporation, are paid at a time for the past time without time limits.

3-1. In the event of the death of the recipient of state social benefits, family members or the person who carried out the burial is paid a lump sum payment for burial in the amount of 15.7 monthly calculation index.

4. Payment of benefits is carried out in accordance with the procedure established by the central executive body.

Footnote. Article 6 as amended by the laws of the Republic of Kazakhstan dated 05.04.1999№ 366 (effective from 01.01.1999); from 20.12.2004№ 13 (comes into force from 01.01.2005); from 04.07.2006 No. 148 article 2); dated 31.03.2014 No. 180-V (effective from 01.04.2014); from 09/29/2014 No. 239-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); from 03/17/2015 No. 293-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); from 11/17/2015 No. 408-V (introduced effective from 01.03.2016); from 03.12.2015 No. 433-V (introduced effective from 01.01.2016); from 04/06/2016 No. 483-V (introduced effective upon expiration of ten calendar days after the day of its first official publication).

Article 7. Deductions from benefits

1. Deductions from benefits can be made in the order of enforcement proceedings.

2. Withholding from benefits is made from the amount due.

3. More than 25 percent of the amount due may not be withheld from the benefit.

4. Amounts overpaid in the form of benefits due to the fault of the authorities assigning and paying benefits shall not be subject to withholding.

Chapter 2. Disability benefits

Article 8. Conditions for granting benefits

1. Disability benefits are awarded in the event of a disability, regardless of whether work is stopped at the time of applying for benefits or continues.

2. Disability benefits are awarded regardless of when the disability occurs - during work or service, before starting work or after termination of work.

3. Is excluded by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2016).

4. Re-examination of disabled people who have reached the age that gives the right to receive pension payments, is carried out only upon their application.

Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004№ 13 (comes into force from 01.01.2005); from 21.06.2013 No. 106-V (comes into force upon the expiration of ten calendar days after its first official publication); from 03/17/2015 No. 293-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); dated 02.08.2015 No. 342-V ( introduced effective from 01.01.2016).

Article 9. Groups of disabilities

Depending on the degree of disability, including the ability to work, disability is divided into three groups.

The reasons, disability groups, the degree of disability, as well as the time of the onset of disability are established by the ITU department.

The rules for conducting medical and social expertise are developed and approved by the central executive body.

Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (comes into force upon the expiration of ten calendar days after the day of its first official publication).

Article 10. Term for granting disability benefits

1. Disability benefits are awarded for the entire period of disability established by the ITU division.

1-1. In the presence of the conditions established by paragraphs 1 - article 11 and article 64 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", the payment of disability benefits is terminated or revised taking into account the amount of pension payments received by age or pension payments for length of service in accordance with paragraph 5 of Article 12 of this Law.

2. In the event of a change in the disability group, the payment of benefits in the new amount is carried out from the date of the change in the disability group.

In case of recognition of the retested as able-bodied, the allowance is paid until the day of recognition of the ability to work.

3. If a disabled person does not appear at the ITU department for re-examination within the specified period, the payment of benefits to him is suspended, and if he is recognized as disabled again, it is resumed from the date of suspension, but not more than one month, if the ITU department recognizes him as this period is disabled.

If the term for re-certification is missed for a good reason, the payment of benefits is made from the date of suspension of payment until the day of re-certification, but not more than three years, if the ITU department recognizes him as disabled during this period. Moreover, if during the re-examination the disabled person is transferred to another group of disability (higher or lower), then the allowance for the specified time is paid according to the previous group.

Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 17.03.2015 No. 293-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); as amended by the laws of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (introduced effective from 01.01.2016); dated 17.11.2015 No. 408-V ( introduced No. 76-VI

Persons with disabilities who are eligible for disability benefits include:

1) people with disabilities from general illness, work injury, occupational disease, disabled children under sixteen years of age;

1-1) disabled since childhood, disabled children from sixteen to eighteen years old - the first, second, third groups;

2) persons with disabilities from among the conscripts, whose disability occurred as a result of injury, contusion, injury, illness received during military service, persons whose disability occurred during the elimination of the consequences of accidents at nuclear facilities for civilian or military purposes or as a result of emergency situations at nuclear objects;

3) disabled persons from among the military (except for conscripts), employees of special state bodies, officials and rank-and-file personnel of the internal affairs bodies and the former State Investigative Committee of the Republic of Kazakhstan in the event of disability due to injury resulting from an accident not related to the performance of duties military service, service in special state bodies (official duties), or a disease not related to the fulfillment of military and official duties;

4) disabled persons from among the military (except for conscripts), employees of special state bodies), whose disability occurred as a result of injury, concussion, mutilation, illness received during military service, service in special state bodies, employees of internal affairs bodies and the former State the investigative committee of the Republic of Kazakhstan in the line of duty;

5) disabled people due to environmental emergencies, including due to radiation exposure during nuclear explosions and tests and / or their consequences, provided that a causal relationship is established.

Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated November 16, 1999 No.№ 482 (comes into force on January 1, 2000); of March 21, 2002№ 308 (comes into force on January 1, 2002); of December 31, 2004№ 28 (comes into force on January 1, 2005); dated May 22, 2007№ 255 (comes into force from the date of its official publication); dated 13.02.2012 No. 553-IV (comes into force upon the expiration of ten calendar days after its first official publication).

Article 12. Amount of benefits for disability

1. Disabled persons specified in subparagraphs 1), 1-1) and 3) of Article 11

disabled persons of the first group - 1.42 minimum living wage established for the corresponding financial year by the law on the republican budget (hereinafter - the living wage);

disabled persons of the second group - 1.11 living wage;

disabled persons of the third group - 0.78 living wage;

disabled children up to sixteen years old - 1.05 minimum living wage;

persons with disabilities from childhood of the first group - 1.42 living wage;

persons with disabilities from childhood of the second group - 1.16 living wage;

disabled persons from childhood of the third group - 0.91 minimum living wage;

disabled children from sixteen to eighteen years of the first group - 1.42 minimum living wage;

disabled children from sixteen to eighteen years of the second group - 1.16 living wage;

disabled children from sixteen to eighteen years of the third group - 0.91 minimum living wage;

disabled persons of the first group - 1.92 minimum living wage;

disabled persons of the second group - 1.53 living wages;

disabled persons of the third group - 1.04 minimum living wage;

disabled children up to sixteen years old - 1.40 living wage;

persons with disabilities from childhood of the first group - 1.92 minimum living wage;

persons with disabilities from childhood of the second group - 1.59 minimum living wage;

disabled persons from childhood of the third group - 1.20 minimum living wage;

disabled children from sixteen to eighteen years of the first group - 1.92 minimum living wage;

disabled children from sixteen to eighteen years of the second group - 1.59 minimum living wage;

disabled children from sixteen to eighteen years of the third group - 1.20 minimum living wage.

2. Persons with disabilities specified in subparagraphs 2) and 5) of Article 11 of this Law shall receive monthly disability benefits in the following amounts:

disabled people of the first group - 1.69 living wage;

disabled persons of the second group - 1.36 living wages;

disabled people of the first group - 2.81 living wages;

disabled persons of the second group - 2.40 living wage;

3. Persons with disabilities specified in subparagraph 4) of Article 11 of this Law shall receive monthly disability benefits in the following amounts:

disabled persons of the first group - 2.19 minimum living wage;

disabled persons of the second group - 1.56 minimum living wage;

disabled persons of the third group - 1.05 minimum living wage;

disabled persons of the first group - 3.44 living wages;

disabled persons of the second group - 2.65 living wage;

disabled persons of the third group - 2.01 minimum living wage.

4. The full monthly disability benefit is paid to employed beneficiaries.

5. If the size of the old-age pension or seniority pension payments is less than the monthly disability allowance established for the respective categories of disabled persons, the monthly disability allowance shall be paid in the form of the corresponding supplements to the old-age pension or seniority pension payments up to the size monthly disability allowance established for this category of disabled people.

Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 31.03.2014 No. 180-V (effective from 01.04.2014); as amended by the laws of the Republic of Kazakhstan dated 04/27/2015 No. 311-V (comes into force upon the expiration of ten calendar days after the day of its first official publication); from 28.10.2015 No. 369-V (effective from 01.01.2018); from 11/17/2015 No. 408-V (introduced effective from 01.03.2016); from 20.06.2017 No. 76-VI (effective from 01.07.2017).

Chapter 3. Benefits for the loss of the breadwinner

Article 13. Conditions for granting benefits

1. The disabled family members of the deceased breadwinner who were dependent on him / her are entitled to a survivor's benefit. At the same time, the children and persons specified in subparagraph 3) of paragraph 2 of this article, benefits are assigned regardless of whether they were dependent on the breadwinner.

2. Disabled family members are:

1) children (including adopted children, stepchildren and stepdaughters), brothers, sisters and grandchildren under eighteen years of age or older, if they became disabled before reaching eighteen years old, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents, stepsons and stepdaughters - if they do not receive alimony from their parents.

Minors who are eligible for survivor benefits retain this right also upon adoption;

2) father, mother (including adoptive parents), wife, husband, if they have reached retirement age in accordance with the legislation on pension provision;

3) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for children, brothers, sisters or grandchildren of the deceased breadwinner under 8 years of age, and does not work;

4) grandfather and grandmother, if they have reached retirement age in accordance with the legislation on pension provision, and in the absence of persons who are legally obliged to support them, and have no other sources of livelihood.

3. Students over eighteen years of age are entitled to a survivor benefit until they graduate from a full-time educational institution in the system of general secondary, technical and vocational, post-secondary education, in the system of higher and (or) postgraduate education within the limits not exceeding twenty-three years of age.

4. The family members of the deceased are considered to be dependent on him if they were fully supported by him or received help from him, which was for them a permanent and main source of livelihood.

5. Benefits assigned to children who have lost both parents (full orphans) are paid to their legal representative.

6. All the provisions of this Law concerning the families of the deceased shall accordingly apply to the families of the missing or declared dead, if these facts are established in court.

Footnote. Article 13 as amended by the laws of the Republic of Kazakhstan dated 11.16.1999№ 482 (comes into force on January 1, 2000); from 27.07.2007№ 320 (for the order of enforcement see Article 2); dated 27.04.2012 No. 15-V (comes into force upon the expiration of ten calendar days after its first official publication); from 02.08.2015 No. 342-V (introduced effective from 01.01.2016); from 20.06.2017 No. 76-VI (effective from 01.07.2017); from 26.12.2018 No. 203-VI (comes into force upon the expiration of ten calendar days after the day of its first official publication).

Article 14. Period for which the benefit is awarded

Benefit in case of loss of breadwinner is established for the entire period during which a family member of the deceased is considered disabled, in accordance with Article 13 of this Law, and family members who have reached the age giving the right to receive pension payments in accordance with the Law of the Republic of Kazakhstan "On Pension Provision in the Republic Kazakhstan "- for life.

Article 15. Assignment of one allowance for all family members

1. One general benefit is allocated to all family members who are eligible for survivor benefit.

2. At the request of a family member, his share of the allowance shall be allocated and paid to him separately.

3. Allocation of a share of the allowance is made from the day of applying for its allocation.

4. When the number of family members covered by the survivor's benefit changes, the amount of the benefit increases or decreases accordingly according to the number of family members who are eligible for the benefit.

5. The same revision of the amount of benefits is established in cases where the payment of benefits to one of the family members is suspended or resumed after the circumstances that caused the suspension of the payment of benefits have passed.

Article 16. Amount of benefits in case of loss of breadwinner

1. The maximum amount of the monthly survivor's benefit is assigned:

1) from April 1, 2014, in the amount of 1.69 living wage for all disabled members of his family;

2) from January 1, 2016 in the amount of 2.11 living wages for all disabled members of his family.

2. Monthly survivor's allowance is assigned:

in the presence of one disabled family member in the amount of 0.69 of the minimum subsistence level;

in the presence of two - 1.19 minimum living wage for all disabled family members;

in the presence of three - 1.48 living wage for all disabled family members;

in the presence of four - 1.57 living wages for all disabled family members;

in the presence of five - 1.62 living wages for all disabled family members.

If there are six or more disabled family members, the amount of the benefit for each is calculated as an equal share of 1.69 living wage;

in the presence of one disabled family member in the amount of 0.86 minimum living wage;

in the presence of two - 1.49 living wage for all disabled family members;

in the presence of three - 1.85 living wage for all disabled family members;

in the presence of four - 1.96 living wages for all disabled family members;

in the presence of five - 2.03 living wages for all disabled family members.

If there are six or more disabled family members, the amount of the allowance for each is calculated as an equal share of the 2.11 living wage.

3. In the event of the loss of both parents to orphans, a monthly survivor benefit shall be assigned:

1) from April 1, 2014 - in the amount of 0.94 of the subsistence minimum for each child, for the rest of the disabled family members - in the amount of 0.43 of the subsistence minimum, but not more than 2.05 of the subsistence minimum for all disabled family members;

2) from January 1, 2016 - in the amount of 1.18 living wage for each child, for other disabled family members - in the amount of 0.54 living wage, but not more than 2.56 living wage for all disabled family members.

4. Members of families of military personnel, employees of special state bodies, internal affairs bodies and the former State Investigative Committee of the Republic of Kazakhstan, who died or died as a result of injury, concussion, injury, illness received in the performance of official duties or military service, service in special state bodies, the amount of the monthly survivor's benefit is increased by 0.25 of the subsistence minimum for each disabled family member, but not more than:

5. If the size of the old-age pension benefits received by the disabled family member is less than the amount of the monthly survivor's benefit received, the monthly survivor's benefit shall be paid in the form of the corresponding supplements to the old-age pension payments up to the amount of the monthly survivor's benefit, established for these disabled family members.

Article 20. State guarantees

1. Persons who, according to the legislation in force prior to January 1, 1998, were assigned social pensions, disability pensions and pensions on the occasion of the loss of a breadwinner, from January 1, 1998, at the expense of budgetary funds, state social benefits for disability, for the loss of a breadwinner and for age in the amount of at least the amount of pensions actually received before January 1, 1998.

2. Payment of the named benefits is carried out in the manner prescribed by this Law.

Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated December 20, 2004 No.№ 13 (comes into force on January 1, 2005).

Article 21. Responsibility for violation of this Law

Responsibility for violation of this Law is established in accordance with the laws of the Republic of Kazakhstan.

Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (effective from 01.07.2018).

Article 22. Procedure for the entry into force of this Law

Today, most of all there are disabled people with the second group of the second group being disabled, but at the same time he does not need constant care. Citizens who have a second group of disabilities can count on government payments, or rather a pension. Sometimes it happens that the second group of disabilities is given to children, and in this case, the child must have guardians. A guardian can also be useful for an elderly person who also has a disability, as a rule, relatives or friends become such people.

Who is considered a disabled person of the 2nd group?

Disabled group 2 includes people who were declared incompetent by the medical commission. The main reason lies in physical or mental disabilities that prevent them from leading a normal and fulfilling life. Of course, sometimes these people need the help of a guardian. Which group to assign to a person is decided only by the state examination. People who have complex diseases that do not allow them to lead a full life can count on the second group of disabilities.

Diseases of the 2nd group of disability can be associated with problems of the musculoskeletal system of a person, with loss of memory and orientation in time, which does not allow him to control himself. The main diseases, according to the indications of which a person is given the second group of disability, include:

  1. Problems with the musculoskeletal system.
  2. Disorder of orientation.
  3. Speech problems.
  4. Loss of control over their movements and behavior.
  5. Difficulties in assimilating information.

Often a disability pension (group 2) is given due to the development of cancer, heart attacks, strokes and partial paralysis.

How does the second group of disability differ from other groups?

It should be noted that persons who have received a pension of the second group can enjoy not only monthly payments, but also have a number of benefits that differ from what persons with disabilities of the third or first groups can receive. Consider the main advantages that the disabled of the second group have:

1. If a disability pension is assigned, and group 2 is assigned to MSEC due to the fact that a person was injured at work, then a citizen can count on a labor pension.

2. The second group is not the end, a person has the opportunity to work in an enterprise or even perform a job, while the income tax will no longer have to be paid.

3. There is often a discount on utility bills.

4. There are 2 groups of disability working and non-working. If a person is completely disabled, then he belongs to a non-working group. A "worker" retiree can work at an enterprise and are given part-time work, and their wages are retained in full.

5. A disabled pensioner can take advantage of additional benefits, and if he does not have central heating, the state will pay him 50% for the installation of a heating boiler.

6. Benefits apply to educational institutions, therefore, upon admission to any educational institution, a disabled person of the second group will not have to go through a competitive selection.

Two types of disability pension with the second group

Since pensioners with the second group of disabilities can work, naturally, the pension will be calculated taking into account such moments. The fact is that disabled people are paid in two types:

The main difference between these two types of pensions is that they are charged differently, and cash payments can also be very different. For example, the size of the social disability pension may be less than the labor pension.

How are retirement pension calculations done?

Consider the options for how the pension is paid for each of these types. To calculate the amount of the pension, a special formula is used:

TPPI = PC (T * K) + B.

The decoding of the formula is as follows: under the PC we mean the presence of pension capital, which was accumulated as a result of the insurance of the disabled person. All calculations are taken into account on the day when a person becomes a pensioner. T is a record of all months of the old-age retirement pension. Today it is approximately 228 months. K - insurance experience, which is also considered in months. The normal duration of nineteen years is 12 months, but every year it will increase by four months. B is the initial pension.

How are social pensions calculated?

A social disability pension (group 2) is assigned for a certain period, sometimes such a pension can become indefinite. Even if a person does not have work experience, he is still entitled to social benefits. It should be noted that a person who is considered disabled can count on one type of pension. Which one to choose is already a decision of the citizen himself.

What is the size of the pension for the 2nd group of disability?

It is established by the state, taking into account all the nuances. Particular attention is paid to the type of payments. In 2017, the pension for people with the second group of disabilities increased significantly. Today it depends on what the citizen's medical and social category is. For example, a person may be disabled from birth, or may acquire a disease during his life. When the disability of the second group is acquired, the amount of the pension will be 4,959 rubles. If a person is disabled from childhood, then the amount of his pension will be equal to 9919 rubles.

Even seniority can affect the size of the pension. If a citizen has work experience, then the pension may mean additional payments, but for this one should remember about such moments.

  1. If a citizen does not have dependents in the care, then the amount of the pension is 4805 rubles.
  2. If there is one minor child - 6404 rubles.
  3. Two children - 8008 rubles.
  4. More than two children - 9610 rubles.

What documents must be submitted to receive a pension?

A disabled pensioner must first of all obtain the official status of a citizen who is incapacitated, and for this it will be necessary to submit the following documents:

  1. A certificate issued by the MSEC that the citizen has indeed been assigned the appropriate category for disability.
  2. Passport, where registration will be indicated.
  3. Policy as proof of compulsory health insurance.
  4. Retired certificate.
  5. Social protection authorities may require a number of additional papers, therefore it is more correct to additionally consult with the Pension Fund, which is located in the area where you live.

As soon as all the documents are fully collected, the future pensioner will be obliged to apply to the regional Pension Fund, they will check all the documents and consider them within ten days. For a pensioner, several types of receiving a pension are offered, for example, you can receive a pension by mail, on a bank card, or constantly contact an organization that deals with payments of this kind. If it is difficult for a pensioner himself to receive a pension, then he will be able to draw up a power of attorney, which is certified by a notary, and relatives or friends who are indicated in this power of attorney will be able to receive the pension.

What additional payments are provided for pensioners?

Mandatory for pensioners is a monthly cash payment, which consists of state pension contributions and cash assistance for certain categories of citizens. Every year, government agencies recalculate the total pension to take into account inflation. For example, this year the pension for the disabled of the second group has increased by 5.5%. This year, in connection with some changes were introduced, for example, part of the benefits was replaced by additional payments.

What is a social package for retirees?

In addition to monthly payments, some retirees can enjoy additional privileges given by the state. Still, the social package for many pensioners plays an important role. For example, some retirees retained the right to these benefits:


If some of the pensioners are not satisfied with the social package, then it can be exchanged for cash payments. But for this, the beneficiary himself must personally write a statement, which is sent to the bodies of social protection of the population.

What kind of pension can working disabled people expect?

Today, working disabled people can receive no more than 4,400 rubles a month. In the near future, this amount will not be increased, but there is such a concept as a one-time payment to all pensioners, which is carried out once a year, and its size is 5,000 rubles. Also, in connection with the reform, pensions for certain categories will be revised again in August, and this may be the reason for the next increase, because inflation for 2016 will be taken into account.

What is the pension for disabled children?

Disability pension (group 2) is given not only to adults, but also to children. Often, these children need a guardian who will take care of the sick, so the size of the pension will also depend on these factors. A child who is considered a disabled person of this group since childhood can count on 8,500 rubles a month. Not only a disabled person can count on payments, but also a person who cares for him, but only on the condition that he is not officially employed anywhere. In this case, the amount of payments will be only 60% of the minimum wage.

What might be required of a guardian?

Despite the fact that the EDV for the disabled is not too large, the state is still trying to control the trustees and check how the money is spent. Legislation today obliges all guardians to inform the government about the expenditure of funds in the form of a report. If the trustee does not fulfill this condition, then he may soon be simply deprived of payments. To make it easier to make a report, you just need to have a special form, which is filled out once a year. In order to become a trustee, you just need to collect all the necessary documents and carefully study all the rules. Many people with disabilities who have a second group of disabilities simply cannot do without a guardian. Therefore, when a person takes care of himself, he first of all takes on a great responsibility.

As you can see, it is difficult to answer clearly the question of what kind of disability pension is in group 2, since there are a huge number of nuances and calculations that are worth paying attention to. But every pensioner, before applying for a pension, must carefully study the law and choose exactly the type of pension that will be more suitable for him. As for the increase in payments, a recalculation is made every year, which takes into account inflation and an increase in the cost of living. Therefore, each year the pension is increased by a small percentage. Some pensioners do not know about the benefits that they are entitled to, therefore they do not use them, and in this matter you should also be competent. If you prepare the documents on time and behave yourself correctly, then the registration of a pension will not take much time.

It should be remembered that the main condition for receiving any disability pension is the passage of a special commission, which will examine all deviations and appoint a group corresponding to the state of human health.

Many people with disabilities who have group 3 of disability are wondering what they are entitled to?

What is the size of the EDV? What types of payments are provided?

Let's consider this in more detail.

Who belongs to this preferential category

Disability group 3 can be assigned in the presence of any failures in the human body, which led to a decrease in his ability to work.

If we talk about what kind of legislation it is regulated by, then we are talking about such laws:

  1. Order of the President of the Russian Federation No. 95, which guarantees the receipt of a certain group of disabilities, depending on the nature;
  2. Legislation of the Ministry of Labor, in particular Order No. 17, which regulates the conditions for medical examination for assigning a disability group;
  3. Decree of the Ministry of Health No. 317, which specifies the procedure for carrying out a medical examination on the fact of assigning a disability group;
  4. Federal Law of the Russian Federation, which guarantees the receipt of social protection for all categories of disabled people;
  5. Federal Law of the Russian Federation, which regulates the procedure for obtaining benefits and various payments for each specific group of disabilities.

This list is not complete, but it is it that can be considered basic, since these laws provide for the amount of pensions and the conditions under which one can qualify for group 3 of disability.

Who p This group can be assigned citizens:

  • which, in the presence of any diseases, should be transferred to lighter working conditions with less labor hours;
  • in which there are malfunctions in the body, in which a change in working conditions is required, but at the same time the place of work itself may remain unchanged;
  • who must carry out labor activities with disabilities. This restriction also includes those citizens who have not worked anywhere (they can work, but provided that there is no great physical exertion on the body).

It is worth emphasizing that the disability of this group can be assigned regardless of what kind of work is performed by a person. The main condition is solely the inability to fulfill it in full in the future due to the presence of restrictions due to illness.

It is worth noting that they distinguish working and non-working subgroups.

However, there are some nuances, which are as follows:

  • for disabled persons of groups 1 and 2 (there may be working and non-working subgroups);
  • for disabled people of the 3rd group there is only a working subgroup.

Legislative regulation of the accrual and issuance of material and financial assistance

The issue of material and financial assistance from the state is regulated directly by Federal laws. In particular, we are talking about such laws:

  • Federal Law No. 122, which provides the possibility of obtaining a monthly income in case of refusal from a set of social services;
  • Federal Law No. 181, offering social protection to disabled people of the 3rd group.

In addition, it is necessary to take into account the very Decree of the Government of the Russian Federation, which guarantees state support to all disabled people, regardless of the group.

List of payment types

Persons with disabilities of the 3rd group are entitled to certain and monetary payments. Let's consider them point by point.

Pensions

A disabled person of 3 groups has the right to issue one of several, namely:

  • insurance;
  • social or state.

When calculating insurance (labor) pension , the base coefficient is taken into account and which group is assigned to the disabled person.

For group 3 in 2019, the amount of the fixed payment to the insurance pension for disability group 3 is 2,667.10 rubles.

It does not depend on whether this person worked before the disability or not. Its size is fixed and can only be changed after indexing. In 2019, its size is 4,279 rubles 14 kopecks per month.

If we talk about state pension provision, then when calculating it, the length of service itself is taken directly into account. There is no minimum or maximum threshold in this type of pension provision.

Monthly cash payment

Disabled persons of 3 groups have every right to receive in case of refusal of a set of social services.

In 2019, the amount of the monthly cash payment is 2162.67 rubles.

Set of social services

For disabled people 3 groups includes includes the following benefits:

  • the right to receive medications with a 50% discount upon the provision of a prescription from a treating physician;
  • travel in public transport with a 50% discount (including rail transport);
  • travel with a 50% discount to the sanatorium for further improvement;
  • free receipt of vouchers to sanatorium and health institutions.

Each disabled person of group 3 has the right to receive monetary compensation (MC) instead of something from the list, but it must be borne in mind that the amount will be very small. It is calculated on an individual basis.

Additional monthly material support

The amount of DEMO is calculated depending on the exact amount of pension provision for a disabled person of group 3.

Today there is only several of their types of this payment depending on the amount:

  1. 500 rubles;
  2. 1000 rubles.

On 1000 rubles have every right to claim:

  • disabled veterans;
  • citizens who have received disability due to injury or injury while serving in the army;
  • disabled people who are recognized as prisoners in concentration camps.

If we talk about applicants for 500 rubles, then they can be:

  • wives of disabled people who died during the Second World War;
  • residents of “Blockade Leningrad” with confirmation;
  • the rest of the disabled from the above list.

The size is determined on an individual basis and to obtain / register it, you must contact the territorial office of the PF.

Federal social supplement

These payments are provided to all disabled people who are incapacitated for work, or at the moment do not have an official job (this applies to disabled people of group 3).

Moreover, this payment is not due to all disabled disabled people. Social supplements are assigned when the total income of a person receiving pension payments is below the subsistence level in the region.

The exceptions are those who are guaranteed to receive FSD, regardless of whether their pension is greater or not.

The procedure for calculating the additional payment is purely individual and depends directly on the basic amount of the pension provision.

Cash compensation for expenses

Disabled people of the 3rd group have every right to receive monetary compensation. It can be obtained for:

  • travel in any public transport (except for taxis);
  • purchase of medicines;
  • payment of utilities;
  • travel to the sanatorium for health improvement.

To receive / issue monetary compensation, you must contact the department of social protection of the population at your place of residence.

Distinctive features of working and non-working groups

The third group is a working group, and therefore it does not have the possibility of refusing to work due to disability. In simple words, a person chooses to work for him and receive a salary with a pension, or exclusively only a pension and allowances.

If we compare the disability working group and the non-working group, then, of course, there is a difference in payments. It is insignificant.

The size of social pensions in groups 1 and 2 is higher than in group 3 - by 30-40%. If we talk about EDV, then here the situation is similar.

But at the same time, in digital terms, the difference is about 1,500 rubles.

That is why many people with disabilities from the non-working group believe that their size is very small, since group 3 has privileges - they can work and increase their income.

For social guarantees and benefits for people with disabilities, see the following video:

Now the state provides assistance to socially unprotected segments of the population in various ways.

Special care is taken in relation to the disabled.

The article will tell you about what types and payments are valid in the Russian Federation for people with disabilities.

Who belongs to this category

Any citizen of the Russian Federation who has health problems that meet the criteria described in the legislation has the right to officially register a disability of the 2nd group in order to receive benefits established by the Government of the Russian Federation.

The history must contain a detailed list that lists all diseases. Anamnesis is the main document that recognizes a person as a disabled person.

The list of patients who can be of the 2nd group in the Russian Federation:

What do the terms “work” and “non-work” subgroup mean?

In the legislation of the Russian Federation there are no such concepts as "working" and "not working" subgroup. According to Russian laws, the third group is considered to be able-bodied, and the second and first are disabled.

Every month, a person who is declared incapable of work receives a cash benefit. But everyone has the right to paid work.

In order to get a job, disabled persons of the 1st and 2nd groups must pass a special medical commission... If the commission is passed successfully, then the employer accepting a person with a disability group is obliged to create special conditions for his work.

Disability pension in the Russian Federation

There are several types of disabilities.

If you have work experience

  • Persons who have received a disability due to military injuries.
  • Received the sign "Inhabitant of the besieged Leningrad".
  • WWII participants from certain categories. (The categories are specified in the law "On veterans" subparagraph 1 of paragraph 1 of article 2).

The size of the payment depends on the category of the citizen receiving the given pension, and can be 1.5 - 3 times more social. For its calculation it is better contact the PF.

EDV

In Russia, there is more than one type of payment of funds to persons with disabilities. One of them is.

The ELV is an additional payment of funds to persons who have been declared incapacitated. It is offered to disabled people who want give up some privileges offered by the pension legislation. In other words, disabled persons have the right to exchange benefits for a cash addition to their pension.

The PF RF is responsible for these payments.

List of benefits () 2019:

These benefits are recalculated and issued in the form of cash with full or partial refusal from the NSO.

The amount of EDV depends on the disability group. For example, for the second, the payment amount is RUB 2701 62 kopecks... This amount is established by the Government of the Russian Federation and is indexed annually. This amount includes the cost of a set of social services (NSO), that is, benefits in kind that a disabled person can receive. Their cost since 2019 is 1 211 rubles 24 kopecks.

DEMO

Additional monthly material support is paid only to persons with Russian citizenship. The place of residence does not matter.

It is paid in different amounts:

  • disabled people who participated in the Second World War;
  • disabled people due to military trauma;
  • children of war, prisoners of concentration camps, ghettos, etc .;
  • military men who serve in units, study at a military school, are part of the army;
  • the military, who brought special services to their homeland in the USSR;
  • widows whose husbands died in the war;
  • those who received the sign "Resident from besieged Leningrad";
  • former prisoners of concentration camps, prisons, ghettos who have come of age.

Only disabled military personnel can receive this payment.

DEMO paid in any territorial body of the PF RF.

FSD

FSD (Federal Social Supplement) is a social supplement to pensioners who do not work and receive a pension that is lower than that established in the region.

Those who are applying for a minimum pension can apply for a supplement. The supplement is calculated automatically and paid along with the basic pension.

You can apply for an FSD at the territorial Pension Fund. Copies of the passport and work book are attached to the application (you can provide another document that records the fact of dismissal from work).

Also, material support includes compensation for cash costs for payment:

  • phone;
  • utilities;
  • travel by any type of transport.

At calculating the amount take into account:

  1. The size of the pension.
  2. Additional material compensation.
  3. Payments received every month (along with a set of social services).

In an unreported manner, the pension is automatically accrued to disabled minor children who have lost their breadwinner.

This payment Disabled children of group 2 under 18 without a breadwinner and disabled people who are included in the second group and receive a pension below the subsistence level can receive it.

Features of the "working" and "non-working" disability group

Disabled workers from the 2nd group can apply for a disability retirement pension even if they have earned only the minimum length of service.

And “non-workers” can only receive state or social benefits. The rest of the payments are the same.

2019 changes

From January 1, 2019, the amount of the fixed payment to the insurance pension for disability of the second group has been increased and is 5334 rubles 19 kopecks, for each dependent (no more than 3) a disabled person can receive 1/3 of this amount.

The cost of one pension coefficient (point) in 2019 is RUB 87.24

Social disability pension until April 1, 2019 is paid in the amount of 5 180.24 rubles, after the specified date 5 304.57 rubles... If a disabled person since childhood of the 2nd group, then these are the amounts 10 360.52 rubles and 10 609.17 rubles respectively.

EDV from February 1, 2019 for disabled people of the second group 2701.62 rubles of which the cost of a package of social services 1211.42 rubles.

State assistance to disabled people in paying for housing and communal services is described in the following video: