So, social service. Let's figure out what this concept includes. As a rule, mutually beneficial relationships arise when the existing demand for certain goods or services meets with a proposal that fully satisfies those who somehow realized and formulated a certain need. This is how relations are built in all spheres, including social ones. Note that the demand for social services arises among the most vulnerable people: the elderly, the disabled and children from disadvantaged families. Let us consider in detail one of the types of social relationships - semi-stationary social services.
Parties to the relationship
Any contractual relationship involves at least two parties who agree on rights and obligations in relation to each other.
In the Russian Federation, the right to social services, including semi-stationary social services, can be used by both citizens of the Russian Federation and foreigners, as well as persons without citizenship, but registered with a permanent place of residence in Russia. And this is one side.
On the other side are those bodies and organizations whose field of activity is the provision of necessary services. We present them in descending order of authority:
- organ executive power federal level: its function is legislative;
- state bodies of regional significance: their function is executive and controlling the social sphere of the region;
- social service institutions accountable to executive authorities of the federal level;
- social service institutions accountable government bodies regional significance;
- institutions providing social services on a non-state basis: both commercial and non-commercial;
- private entrepreneurs providing social services to the population.
Basic principles
All bodies and institutions related to social sphere, including the provision of stationary and semi-stationary social services, are guided in their work by certain principles.
We list the main ones:
1. Humane treatment of persons on inpatient service, including:
- a ban on the use of any medication in relation to them with the aim of influencing behavior;
- the inadmissibility of the use of force or isolation of a coercive nature.
Identification of the listed actions on the part of the personnel of institutions entails administrative and criminal liability.
2. Social services are provided to persons in need of them exclusively on a voluntary basis. If desired, a person receiving social services can refuse them at any time.
3. All details of a confidential nature, as well as the personal data of the person who applied for the provision social services, which have become known to specialists in the social sphere, are not subject to disclosure. Responsibility for violation of this principle is also provided for by law.
4. Any citizen in need of social services should be able to receive it. The entire set of established social services should be available to anyone who needs them.
5. Organs social protection of the population conduct systematic work aimed at creating and replenishing a database of persons who, due to life circumstances, need social support. Lists of such people are also provided educational institutions, OMVD, medical institutions.
Payment for services
Social services are provided by organizations whose functions include stationary and semi-stationary social services to the population, both on a gratuitous and paid basis. The amount of partial or full payment is established by the executive authorities of the federal level of the Russian Federation. The list of services provided is compiled on the basis of the demand of those categories of the population to whom these services are provided. Services provided free of charge are financed from the regional budget.
The quality of social services, as well as their regularity, are determined state standard.
The state is interested both in maintaining the usual quality of life and in its improvement for those categories of the population that are recognized as in need of social services.
Definition of social service
The concept of social service refers exclusively to the social sphere. This is an activity carried out continuously, periodically or once in order to improve the quality of life of the person who applied for help.
There are three types of social assistance, we list them:
1. Stationary, i.e. on the permanent basis: includes accommodation elderly citizens and disabled people in boarding schools, as well as living together with the educational process for children in boarding schools.
2. Semi-stationary, i.e. with limited stay:
- stay in institutions of day and night residence - for the elderly and disabled;
- for minors who have lost their parents or removed from dysfunctional families - accommodation in children's centers.
3. Home service: both on a regular basis and on a one-time basis.
Thus, semi-stationary social service institutions are considered to be those institutions in which stay for needy categories of the population is limited to a certain period established by law.
List of social services
Social services can be provided to certain categories of the population on a long-term and regular basis or once.
It should be noted that the provision of social services for a long period is provided mainly for stationary and semi-stationary forms of social services. A citizen, being in a social institution, receives the following services on a regular basis:
- Social services providing a standard level household comfort.
- Socio-medical, providing medical checkup, medical treatment, including physiotherapy exercises and, if necessary, the implementation of medical manipulations.
- Socio-psychological, aimed at stabilizing the psychological state of the recipient of social services, his socialization. If necessary, anonymous psychological work through a helpline.
- Socio-pedagogical - provided both taking into account the existing behavioral deviations among the recipients of social services, and for preventive purposes, which requires a revision of the value system and, as a result, the formation of interests that promote development. Pedagogical assistance to parents in the upbringing of children is also provided.
- Social and labor - turn out to be a citizen experiencing difficulties with employment, as well as with the arrangement of life associated with the inclusion of a work schedule in it.
- Social and legal - are provided in order to improve legal literacy to certain categories of the population who need to defend their rights and interests. Providing legal advice may be free, but this does not apply to representing the interests of a citizen in court.
- Services aimed at developing the communication skills of a person with a disability due to the loss of limbs, vision and other organs, intended for full communication.
This also applies to children with disabilities.
Urgent Services
Let's consider a situation where you, as a single or living alone pensioner or disabled person, are faced with a problem for which you need outside help to solve. Your material resources are not great, so you are not able to pay for the necessary services at commercial prices. In this case, information about urgent social assistance may be useful to you. It is provided by emergency social assistance departments under state budget institutions social services for the population. Such institutions exist in all regions of the Russian Federation.
So what can they do for you.
Let's start with the fact that such institutions operate warehouses of free clothes and shoes. These clothes are brought as charity by persons who, for some reason, do not use them. Clothing, both winter and summer, is accepted only in good condition, clean and ironed. Sometimes, as a charity, entrepreneurs bring new clothes and shoes. Also in stock are children's toys, children's furniture, strollers and walkers. However, these items do not stay in stock. Before the new academic year, a large number are deposited school supplies, uniform and briefcases.
- You can receive the necessary clothes, shoes and other items that you need from the above list in the form of free urgent social assistance in the warehouse.
- If for any reason you are in need of temporary housing, you can apply to the Social Welfare Office and receive the opportunity to live in a semi-permanent social service institution.
- At you are having legal difficulties, but you do not have the means to pay for the services of a lawyer. You can get free legal advice in the form of emergency social assistance.
- If you have experienced a high stress situation in your life and you have not been able to overcome it on your own, then you can seek psychological help in the emergency department of social services. This assistance will be provided to you free of charge by the psychologist of the institution, and, if necessary, by a clergyman who interacts with this institution.
- If it is difficult for you to carry out minor cosmetic repairs on your own, then the social workers of the urgent social service departments will help you solve this problem. But these services will be paid. However, the prices for such work are quite budgetary.
- If you are disabled and it is difficult for you to use public transport services, but it became necessary to travel, for example, to the place of treatment, then there is an urgent transport service. It is also paid: you pay the cost of gasoline and the work of the driver.
- Nice appearance should be at any age. But if it is not possible to get to the nearest hairdresser, or its services are expensive, then you can make an application to call the hairdresser of the urgent social department. This service is also paid, however, its price is an order of magnitude lower than commercial.
Note: To receive urgent service, you only need to fill out an application at the Urgent Social Services Office. The provision of semi-stationary social services, as well as stationary, is associated with the procedure for issuing an appropriate package of documents.
Who is eligible?
Not every citizen of the Russian Federation is entitled to the existing range of social services, but only those who have been recognized by a special commission as needing the provision of social services. It is this citizen of the Russian Federation that will be considered the recipient of social services.
Each region of the country has a Ministry of Labor and Social Development, and it is at this level that decisions are made about a citizen's need for social services.
This happens under the following circumstances:
- a citizen cannot or is not able to properly continue to serve himself independently due to illness, age-related changes, injury or recognition of his disability;
- a citizen cannot provide proper permanent care for a disabled child or an adult recognized as disabled - due to the fact that he is forced to work;
- there are children or one child in the family who need socialization, minors can also be wards;
- family members do not have the opportunity to provide both permanent and temporary care for minors, the disabled, children with disabilities, including due to the lack of care for these family members;
- the family includes asocial persons with formed alcohol, drug or gambling addictions, as well as those with mental disabilities or there are signs of family violence;
- a citizen under the age of 23 was left without a permanent place of residence upon leaving the institution for minors left without parents due to the death of the latter or in connection with the deprivation of parents of parental rights;
- the citizen is not employed and deprived of the means of subsistence;
- other circumstances provided for by regional legislation or federal laws.
Main Document
So, if a citizen belongs to one of the categories listed above, he has the right to social services, both on a permanent and short-term basis. However, this does not mean that a social service institution can start providing social services to a citizen.
The registration procedure begins with a citizen's application submitted to the territorial institution of social services for the population. After that, representatives of this institution go to the place of residence of a citizen to draw up an act of inspection of material and living conditions, as well as an examination of his physical and mental conditions, which are also reflected in the corresponding act.
These documents are the starting point for the formation of the "Individual Program for the Provision of Social Services". This package of documents will also reflect the types of semi-stationary social services, and other clauses of the contract.
It should be remembered that only certain categories of persons can apply for the provision of social services. We have listed them above.
Where is it happening?
Those who apply for the provision of social services on a regular basis should be aware of what will actually be associated with their receipt.
Semi-stationary social services are provided by specialists and special workers of the territorial complex centers of social services, at which day and (or) night departments are organized for the needy. These departments are supervised by the bodies of social protection of the population.
You are, of course, mindful of the set time period during which you can be a "resident" of a semi-residential social service department. There is no question of lifelong residence in them.
The provision of semi-residential social services can be both free (for certain types of services) and paid for you. The amount of payment for social services is related to the per capita financing established in each region of the Russian Federation. Per capita financing depends on the amount of the subsistence minimum established in the region of your residence.
What will help you?
As part of the semi-residential social services for the elderly and disabled, you can count on the provision of the following services:
- You will be provided with hot meals; bedding was offered, a bed was allocated in a room with sanitary and hygienic conditions that correspond to the standards for these institutions; you will have free access to printed materials of various kinds, as well as to board games appropriate for your age group.
- Social and medical services: you will be provided with both medical and psychological assistance within the boundaries of your needs; including you can count on sanitary and hygienic services, different kinds health and rehabilitation procedures.
- Semi-stationary social services for the disabled provide, in particular, medical rehabilitation manipulations in accordance with the "Individual Program for the Rehabilitation of the Disabled". This assistance can hardly be overestimated, since not every citizen with a disability can afford daily rehabilitation activities at the hospitals especially considering their remoteness.
- As part of the semi-residential social service for the elderly and disabled, it is provided not only to increase your educational level, but also to receive new profession. You will be able to gain practical skills in the chosen profession, and with the help of psychological support it will be easier for you to gain confidence in new circumstances and in your new status.
- Beneficiaries of social services generally need legal assistance. And legal advice is provided to them free of charge.
As you can see, the organization of semi-residential social services provides for all types of necessary assistance, both for the elderly and for people with disabilities to constructively change the quality of their lives. And the time frame provided for staying in this institution is quite enough for the effect of being to be maximum. The main thing is to understand why you are here.
Rights and obligations
So, in order for a citizen to become a recipient of social services for a certain period, an "Individual program for the provision of social services" is filled out, which spells out the procedure for providing semi-stationary social services.
See the list of services above. Of these, you can choose those that are needed, their number per week, clarify the conditions and terms of their provision. In this document, you will be able to see a list of all social service providers available in your area of residence.
After the final review of this document, a person puts his signature, which will confirm his agreement with the conditions that are prescribed in the Program.
However, you need to know that if you want to change the number or terms of the social services you have chosen, you can always do this.
However, the provider of social services is not entitled to change the procedure for semi-stationary social services and the types of services.
Home delivery
Branches of comprehensive social service centers can provide social services "with home delivery" to needy citizens.
Semi-stationary social services at home are provided to recipients of social services either for a certain period of time (up to half a year) or indefinitely.
Peculiarities:
- This type of service can be chosen by those pensioners or people with disabilities who need outside help only in some areas, but in general they cope well with household chores. Such recipients of social services may have certain difficulties with self-care, so they need the help of social workers and specialists in social work, choose the set general services(complex).
- Also, social and medical services can be provided at home, provided that there is a social and medical department as part of an integrated center for social services for the population. This is due to the fact that individuals old age and disabled people who need this type of service may have diseases that require a social worker with medical education. These are diseases such as: mental disorders, but in remission; tuberculosis in a closed form; oncology in the last stage.
- The legislation provides for circumstances and diseases in which the provision of social and medical services is impossible. A document confirming the presence of this disease is signed by a representative of the social protection department and the VKK of the medical institution.
As for other social services provided at home, they are listed above in the chapter "How you can get help". However, the presence or absence of staffing table a comprehensive center for social services for professionals competent in these areas.
Institutions of stationary social service
Remark 1
Stationary social services are implemented in stationary institutions (nursing homes, neuropsychiatric boarding schools, boarding houses, etc.). Disabled and elderly citizens who need constant monitoring and care for health reasons and who have completely or partially lost the ability to self-service are sent to these institutions.
A special network of stationary institutions has been created for disabled children and orphans. Active work is being carried out to solve the problem of child homelessness and prevent child delinquency.
Children with anomalies of physical or mental development between the ages of 4 and 18 are admitted to the orphanage. Children with physical disabilities and children with mental disorders should not be placed in the same institutions at the same time. The maintenance of elderly citizens in nursing homes is carried out on a paid basis at the expense of the enterprises in which they worked or at their personal expense.
In Russia, admission to boarding schools is carried out when women reach 55 years old, men - 60 years old; persons with I or II group of disability and have reached the age of majority. Persons in need of residential care are accepted only on condition that they do not have able-bodied parents or children who are obliged to support them according to the law.
Only disabled citizens with the corresponding disability group (I, II) aged 18 to 40 years old are admitted to boarding schools for the disabled, provided that they do not have able-bodied parents or children who are required to support them according to the law.
In psycho-neurological boarding schools there are persons with chronic mental illnesses who need consumer services, care, medical care. Reception of such citizens is carried out regardless of whether they have relatives who are obliged to support them or not.
For the elderly and disabled without a fixed place of residence, specialized institutions are being created:
- social hotels,
- social shelters,
- social adaptation centers, etc.
Such institutions provide food, medical care, accommodation (temporary place of residence), special measures are taken to socially adapt citizens who have lost social ties to new conditions of life in society.
Services provided by stationary social service institutions
The state guarantees the provision of social services in stationary institutions social security the disabled and the elderly. These services include:
- Financial domestic services. They include the provision of living space, cultural and community services, the organization of medical and labor activity, rehabilitation measures.
- Services for the organization of life, food, leisure. Providing hot meals (including dietary meals), bedding, clothing and footwear, etc.
- Sanitary-hygienic and social-medical service. They are characterized by the provision of free medical care, assistance in the implementation of medical and social expertise, provision of care, rehabilitation measures, assistance in prosthetics, assistance in hospitalization, and provision of the necessary sanitary and hygienic conditions.
- Helping disabled people to receive an education that takes into account mental and physical abilities.
- Legal services.
- Services for the implementation of social and labor rehabilitation, i.e. creation of conditions for the use of residual labor opportunities.
Remark 2
Citizens living in stationary institutions are exempted from punishment. It is not allowed to use physical restraints in relation to the elderly, corresponding to medications, any kind of punishment, isolation. Employees of social institutions who violate these norms are subject to administrative, disciplinary and criminal liability.
The reform of the inpatient social security system is focused on developing measures to overcome the lack of places in social institutions, creation of acceptable living conditions in such institutions, relocation of social service institutions to more favorable, from an environmental point of view, areas.
The procedure for the provision of stationary social services
A ticket to a boarding house is issued by a social security organization after considering an application for admission to a boarding house and a medical card. In the event of a person's incapacity for work, his placement in a stationary social institution occurs as a result of the submission of an appropriate written application by the legal representative.
A pensioner or a disabled person, with the permission of the boarding house administration, may leave the social service institution for up to one month. Permission to temporarily leave a disabled person or an elderly person is given with the permission of the attending physician, a written obligation of relatives to provide the necessary care.
Remark 3
Citizens who are on stationary social services may refuse the services of these institutions, provided that there are persons capable of providing them with the necessary care and proper maintenance.
Special boarding houses are created, as a rule, for the disabled and the elderly, who were previously involved in violation of public order or convicted, engaged in begging or vagrancy, or transferred from the institutions of the internal affairs bodies.
Persons living in nursing homes for the disabled and the elderly who grossly and systematically violate the rules of internal order, on the basis of a recommendation from the administration of a stationary institution and by a court decision, can be transferred to special boarding homes.
Citizens released from places of deprivation of liberty who need constant care, recidivists and persons who need administrative supervision are sent to special boarding houses.
Semi-residential social services are used for those elderly and disabled citizens who are able to serve themselves and can actively move around. They must not have medical contraindications for enrollment in such social services. This group also includes children who find themselves in a difficult life situation.
The implementation of semi-stationary social services is carried out by semi-stationary organizations (enterprises, institutions) of social care or departments of stay, both at night and during the day. They are formed in public social service centers and are used to help carry out activities in the field of social adaptation to the living conditions in the society of social service clients who have lost their socially useful connections.
Remark 1
Semi-stationary social service consists of medical care, social and cultural services. It is received by the disabled and the elderly.
In the institutions in question, services can be provided for:
- organization of food, life and leisure (for example, providing hot food and drink, issuing bed linen, providing newspapers, books, magazines, etc.);
- social medical services(for example, obtaining medical psychological assistance, sanitary and hygiene services, medical and recreational activities, rehabilitation activities for the disabled, assistance in obtaining vouchers for sanatorium, resort treatment, assistance in prosthetics, etc.);
- education and training;
- employment assistance;
- provision of legal services;
- assistance for the organization of funeral services.
Features of semi-stationary service
For people without an appropriate place of residence and occupation, special gender stationary institutions, including an overnight stay, a hotel or shelter, a social adaptation center. In such organizations, overnight services, first aid, the provision of personal hygiene and sanitation, one-time free meals, consultations on household appliances and employment, assistance in preparing documentation proving the identity of a person, determination in stationary institutions that provide social services can be provided. .
Remark 2
For persons who are released from places of deprivation of liberty and who need social adaptation, in addition to the services discussed above, assistance can be provided in the field of restoring lost social ties with the family, housing rights, etc.
Social services at home
Social services at home can be one of the main forms of social services. Such services are aimed at maximizing the stay of the elderly and disabled in the usual conditions of the social environment to support their social status, including the protection of the legitimate interests and rights of such persons.
Guaranteed home social services can include services for:
- catering, including home delivery of food;
- assistance in buying medicines, food, essential goods;
- assistance in obtaining medical care, including the process of escorting to medical institutions;
- maintaining living conditions that meet the requirements of hygiene;
- assistance in organizing legal aid and services in the field of law;
- assistance in organizing ritual services, funerals;
- other social services of a domestic nature.
In the course of servicing the elderly and disabled people who live in residential premises that are not endowed with central heating (water supply), home social services may include assistance in providing water and fuel.
Remark 3
Social health care at home is provided for those in need of home social services. These can be elderly people and people with disabilities who suffer from mental disorders (at the stage of remission), tuberculosis (excluding its active form), serious diseases (including oncology) in the late stages.
For elderly (elderly) and disabled people who are bacterial or virus carriers, or with their chronic alcoholism, quarantine in case of an infectious disease, active tuberculosis, severe mental disorder, sexually transmitted and other diseases that require treatment in special healthcare organizations, home social services and social health services may be denied.
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Stationary social service institutions are different: providing urgent social services (for example, an urgent psychological assistance service), providing semi-stationary social services (for example, a social rehabilitation center, a center for social services for the population) and stationary social services (for example, a boarding house, a special house for lonely elderly, geriatric center). Today we will touch on institutions of the latter type and figure out how pensions are paid to people living in them, who is the heir to the property of such persons, and also find out what stationary social service institutions can spend the funds transferred to a pensioner.
The legal, organizational and economic foundations of social services for citizens are established by the Civil Code of the Russian Federation and the Federal Law of December 28, 2013 No. Russian Federation"(hereinafter - Law No. 442-FZ).
Social services are provided by social service organizations that may be under the jurisdiction of federal executive authorities or a constituent entity of the Russian Federation.
Rules for organizing the activities of social service institutions and their structural units determined by the Order of the Ministry of Labor of the Russian Federation of November 24, 2014 No. 940n, and the procedure for the provision of social services:
in the form of social services at home - by Order of the Ministry of Labor of the Russian Federation of November 24, 2014 No. 939n;
in a semi-stationary form of social service - by Order of the Ministry of Labor of the Russian Federation of November 24, 2014 No. 938n;
in the stationary form of social services - by Order of the Ministry of Labor of the Russian Federation of November 24, 2014 No. 935n.
According to part 2 of Art. 30 of Law No. 442-FZ financial security The activities of social service organizations are carried out in accordance with the budgetary legislation of the Russian Federation at the expense of the federal budget or the budget of a constituent entity of the Russian Federation, as well as at the expense of recipients of social services when providing social services for a fee.
How is the stay of citizens in a stationary social service institution paid?
By general rules social services in the stationary form of social services are provided to their recipients for a fee. At the same time, the amount of the monthly fee is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services, calculated in accordance with Part 4 of Art. 31 of Law No. 442-FZ.
For your information:
Social services are provided free of charge to minor children and persons affected by emergencies, armed interethnic (interethnic) conflicts. In addition, citizens who, as of the date of application, have an average per capita income below the limit value or equal to the limit value of the average per capita income for the provision of social services free of charge, can also count on free services. Regulatory legal acts Subjects of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.
The rules for determining the average per capita income are regulated by Decree of the Government of the Russian Federation of October 18, 2014 No. 1075.
The average per capita income is calculated on the basis of documents (information) on the composition of the family, the presence (absence) of income of family members or a single citizen and property belonging to them (him) on the right of ownership. When calculating the average per capita income, the income received by a citizen in monetary form. Incomes received by a citizen in kind cannot be taken into account when calculating the average per capita income.
The average per capita income is calculated based on the amount of income of family members or a citizen living alone for the last 12 calendar months preceding the month of applying for the provision of social services by dividing 1/12 of the amount of income of all family members for the billing period by the number of family members. The income of a citizen living alone is determined as 1/12 of the amount of his income for the billing period.
For example, let's calculate maximum tariff for social services in a stationary form for a single pensioner from the Nizhny Novgorod region with a monthly income of 14,000 rubles. That is, the average per capita income of a pensioner is 14,000 rubles. (only the amount of his pension is taken into account, since there are no other family members with income). Consequently, the maximum tariff for a social service will be 10,500 rubles. (14,000 rubles x 75%).
For your information:
The income of a citizen includes any payment made to him in cash, including monthly payments to persons with disabilities in accordance with federal law dated November 24, 1995 No. 181-FZ “On the social protection of persons with disabilities in the Russian Federation” and a monthly cash payment in accordance with the Federal Law dated July 17, 1999 No. 178-FZ “On State Social Assistance” (Appeal ruling of the Kostroma Regional Court dated July 5, 2017 No. 33-1539 / 2017, Letter of the Pension Fund of the Russian Federation dated April 15, 2016 No. LCH-28-26 / 5325).
According to Art. 17 of Law No. 442-FZ, social services are provided to a citizen on the basis of an agreement concluded between a social service institution and a citizen or his legal representative. The essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment. Accordingly, it is in it that the amount of the monthly payment for the provision of social services should be fixed.
Payment for the provision of social services is made through a credit institution to the provider of social services or by depositing cash into the cash desk of the institution by a pensioner or his legal representative. Wherein:
The pensioner can independently pay for his content in the institution.
If a pensioner has children or relatives, they can pay for his maintenance.
In the first case, according to clause 40 of the Rules for the payment of pensions, approved by Order of the Ministry of Labor of the Russian Federation dated November 17, 2014 No. 885n, the pension, at the request of the pensioner, is transferred in full or in the part determined by him by the territorial body of the PFR to the account of the stationary social service organization where the pensioner lives, to the account the established fee.
If a part of pensions is transferred to the account of the institution as payment for social services provided to pensioners in a stationary form, then the territorial body of the PFR simultaneously sends a list of pensioners indicating (clause 41 of the Rules for the payment of pensions):
the amount of established pensions;
amounts of pensions withheld and subject to transfer on account of payment for social services provided in the stationary form of social services.
The payment of the pension due to the pensioner after deduction is made through credit organizations, postal organizations and other organizations involved in the delivery of pensions.
It should be noted that it is not uncommon for a pensioner, believing that the institution provides poor-quality social services (for example, does not provide medicines completely or feeds poorly), writes to the Pension Fund of Russia an application to stop transferring part of the pension to pay for living in an inpatient institution. In this case, the latter is deprived of funds for the provision of social services in accordance with the contract. But the situation is fixable: you can go to court and recover from the pensioner the debt to pay for inpatient accommodation in a social institution (see, for example, the Appeal ruling of the Omsk Regional Court of October 15, 2015 in case No. 33-6913 / 2015).
In what order are pensions paid to citizens if the institution is their guardian or custodian?
If an incapacitated or not fully capable citizen is placed under supervision in organizations providing social services, the duties of guardians or trustees are assigned to said organizations(Clause 4, Article 35 of the Civil Code of the Russian Federation). A similar rule is contained in the Rules for organizing the activities of social service organizations, approved by Order of the Ministry of Labor of the Russian Federation of November 24, 2014 No. 940n.
Accordingly, it is they who will receive the pension of a citizen living in an institution.
Upon admission to an institution of such a citizen, an authorized person of the institution for the purpose of paying and delivering a pension must apply to the territorial body of the Pension Fund of the Russian Federation, providing, issued from the institution, or an order from the head, as well as an act of the guardianship and guardianship authority (clause 8 of the Rules for the payment of pensions).
Disabled citizens living in social service institutions are paid a pension by transferring it to the account of this institution (clause 37 of the Rules for the Payment of Pensions).
All payments due to the ward are credited to a separate nominal account of the institution. Autonomous institutions have data cash are treated as temporary funds.
What can the funds transferred to the institution for the provision of social services be spent on?
Based on part 6 of Art. 30 of Law No. 442-FZ, the procedure for spending funds generated as a result of charging fees for the provision of social services is established:
federal executive body - for social service organizations under the jurisdiction of federal executive bodies;
by the authorized body of the constituent entity of the Russian Federation - for social service organizations of the constituent entity of the Russian Federation.
The procedure for spending funds generated as a result of collecting fees for the provision of social services should provide for the possibility of using these funds for current activities, the development of a social service organization, and incentives for its employees.
For example, according to the Decree of the Ministry of Labor Astrakhan region dated 10.06.2014 No. 29 “On the procedure for spending funds resulting from the collection of fees for the provision of social services government agencies social services for the population" spending is possible:
1) for the current activities of the institution:
purchase of food and medicines;
acquisition of soft inventory and other current expenses;
2) for the development of the institution. Spending is possible for the development of the material and technical base and ensuring the activities of the institution: utilities, household needs, maintenance of equipment and buildings;
3) to stimulate the work of employees of the institution.
The list of areas where you can spend the funds generated as a result of charging fees for the provision of social services by institutions of the Belgorod Region is much wider. In particular, on the basis of Decree of the Government of the Belgorod Region No. 407-pp dated November 10, 2014, these funds can be spent on strengthening the material and technical base (18 points, including providing access to the Internet, employees, etc.), remuneration and incentive payments (not more than 30% of the amount of funds generated as a result of the collection of fees), the cost of paying for additional positions of employees involved in the provision of social services that are not provided for by the staffing table.
In any case, the expenditure of funds is carried out by the institution in accordance with the plan of financial and economic activities for the current financial year and planning period.
What can be spent on the funds of incapacitated citizens left after paying for inpatient services?
According to paragraph 1 of Art. 37 of the Civil Code of the Russian Federation, an institution that is a guardian or trustee of an incapacitated or partially capable citizen residing in it has the right to dispose of the income of the ward solely in the interests of the ward and with the prior permission of the guardianship and guardianship authority. Amounts of alimony, pensions, allowances, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are subject to crediting to a separate nominal account opened by the guardian or trustee, and are spent without prior permission from the guardianship and guardianship authority.
Thus, the financial resources of an incapacitated citizen, remaining after paying for stationary social services, are kept on the nominal or personal account of the institution and can only be spent on meeting the personal needs of such a citizen.
For example, the Decree of the Ministry of Social Protection of the Moscow Region dated February 22, 2008 No. 10-r determines that the decision to spend the remaining funds is made by the commission for the expenditure of funds of incapacitated citizens, which is created by order of the head of a stationary institution from among representatives of the administration and accounting department. This commission draws up and approves a list of goods and services that an incapacitated citizen needs, and also appoints persons responsible for the purchase of goods and their issuance to incapacitated citizens.
Employees of a stationary institution responsible for the purchase of goods and their issuance to incapacitated citizens, taking into account the opinion of incapacitated citizens:
draw up a list of goods within the approved list;
determine the amount of funds required for their acquisition;
submit information to the commission for making a decision on the withdrawal of funds.
The issuance of purchased goods to an incapacitated citizen is carried out in the presence of the head of the department of the stationary institution in which the citizen lives. Such a transfer is formalized by an act, which is signed by the person responsible for their acquisition and issuance.
Who has the right to dispose of the property of the elderly citizens?
First, it should be borne in mind that guardians or trustees do not have the right to the property of their wards, including the amount of pensions, allowances and other payments provided for their maintenance (Article 17 of the mentioned law).
An institution where a pensioner or a disabled person lives, performing the functions of a guardian or custodian, is not entitled, without prior permission from the guardianship and guardianship authority, to make or give consent to transactions for the alienation, including the exchange or donation of the property of the ward, its leasing (lease), for gratuitous use or collateral.
Note:
The institution may dispose of the property of a citizen recognized as legally incompetent, based on the opinion of the ward. If the opinion of the ward cannot be established, it is necessary to take into account information about his preferences received from the parents of such a citizen, his former guardians, other persons who provided services to such a citizen and faithfully performed their duties (Article 37 of the Civil Code of the Russian Federation).
Regarding the ownership of property of citizens living in social institutions, we will say the following. If such a citizen has children or other relatives, they dispose of the property and inherit it in accordance with the norms of the Civil Code of the Russian Federation in accordance with the order. Recall that the heirs are (Articles 1141 - 1143 of the Civil Code of the Russian Federation):
in the first place - the children, spouse and parents of the testator;
in the second place - brothers and sisters, grandfather and grandmother;
in the third place - uncles and aunts of the testator.
Note that a pensioner or disabled person living in an institution can write a will and certify it with a notary, thereby disposing of his property in case of death. Also, the director of the nursing home can certify the will, and such a will will be equated to a notary.
If an elderly person has no children and other relatives who could inherit, there are two options:
- A pensioner can transfer his property to the disposal of a social institution. To do this, a life-long maintenance agreement with a dependent is concluded with a nursing home or other social institution where a citizen lives (Article 601 of the Civil Code of the Russian Federation). In this case, the social institution maintains the citizen at its own expense, but the property will be transferred to the institution after the death of the citizen.
- If the property of a pensioner was not transferred to the disposal of the institution where he lives, he has no heirs and it was not bequeathed to anyone, then after the death of a citizen, the property is considered escheated (Article 1151 of the Civil Code of the Russian Federation). In this case, the immovable property is transferred to the ownership of an urban or rural settlement, municipal district (in part of inter-settlement territories) or an urban district. Other escheated property (including money) passes by way of inheritance under the law into the ownership of the Russian Federation.
For your information:
As a rule, the procedure for the actions of a state (municipal) institution with the property of citizens, recognized in accordance with the legislation of the Russian Federation as escheat, is established by the state (municipal) authority, which is entrusted with such powers. For example, by order of the Ministry social policy of the Nizhny Novgorod region dated 01/26/2016 No. 31 approved Guidelines on the procedure for collecting documents for registration of ownership of escheated property left after the death of citizens who were in stationary social services in psycho-neurological boarding schools subordinate to the Ministry of Social Policy of the Nizhny Novgorod Region.
The situation is different with a pensioner who does not own an apartment, but he lives in it under a social tenancy agreement. When applying for a nursing home or other social institution for permanent residence, the municipality has the right to terminate the employment contract with such a pensioner. That is, the right to an apartment with such a pensioner will be lost. To prevent this from happening, many citizens:
are issued to a social institution temporarily (a period must be specified in the contract);
they privatize an apartment and then conclude an agreement with an institution providing social services.
Let's summarize the above.
Social services in the stationary form of social services are provided to their recipients for a fee. The amount of the monthly fee is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services. A pensioner can pay for his own maintenance in an institution (for example, from a pension), or this can be done by his relatives or guardians.
At the request of the pensioner, the pension is transferred in full or in the part determined by him by the territorial body of the Pension Fund of the Russian Federation to the account of the stationary social service organization where the pensioner lives, at the expense of the established fee. The rest of the pension can be transferred to the pensioner's account with a credit institution or delivered directly to him. Disabled citizens living in social service institutions are paid a pension by transferring it to the account of this institution.
The funds generated as a result of charging fees for the provision of social services can be used by the institution for its development, covering the costs of current activities and stimulating employees. The funds of an incapacitated citizen remaining after paying for inpatient social services are kept on the personal account of the institution and can only be spent to meet the personal needs of such a citizen.
The property of incapacitated citizens who lived in social institutions, after their death, does not pass into the disposal of this institution. It can be transferred to an institution under a life-long maintenance agreement with a dependent, concluded with a pensioner during his lifetime, or on other legal grounds. If such an agreement has not been concluded, there are no heirs to the property and it has not been bequeathed to anyone, then after the death of such a citizen, the property is considered escheated (Article 1151 of the Civil Code of the Russian Federation) and becomes the property of the state.
Stationary social services are carried out in stationary institutions (boarding houses for the elderly and the disabled, boarding schools for the disabled, neuropsychiatric boarding schools, etc.)
Elderly citizens and disabled people who have partially or completely lost the ability to self-service and who, for health reasons, are in need of constant outside care and supervision, are sent to these institutions. In addition, a network of specialized institutions for disabled children has been established.
In recent years, nursing homes have become widespread, the content of which is on a paid basis at the expense of the elderly themselves or the enterprises in which they worked.
Citizens of retirement age (women from 55 years old, men from 60 years old), as well as disabled people of groups I and II over 18 years old, are admitted to boarding schools, provided that they do not have able-bodied children or parents legally obliged to support them.
Boarding homes for the disabled accept only disabled people of groups I and II aged 18 to 40 years who do not have able-bodied children and parents who are legally required to support them.
The psycho-neurological boarding school accepts persons suffering from chronic mental illness, who need care, domestic services and medical assistance, regardless of whether they have relatives who are legally obliged to support them or not.
In stationary institutions, not only care and necessary health care, but also rehabilitation measures of a medical, social and medical-labor nature.
Elderly citizens and disabled people living in stationary social service institutions are provided with:
1. material and domestic services (provision of living space, organization of rehabilitation measures, medical and labor activities, cultural and community services);
2. services for catering, everyday life, leisure (hot meals, including dietary meals, provision of clothes, shoes, bedding, creation of conditions for religious rites, etc.);
3. socio-medical and sanitary-hygienic services (free medical care, provision of care, assistance in medical and social examination, rehabilitation measures, assistance in hospitalization, assistance in prosthetics, provision of sanitary and hygienic conditions in the premises);
4. organizing education for disabled people, taking into account their physical abilities and mental abilities;
5. services related to social and labor rehabilitation (creation of conditions for the use of residual labor opportunities);
6. legal services;
7. assistance in organizing funeral services.
Citizens living in stationary social service institutions also have the right to exemption from punishment. Any punishment of elderly and disabled citizens or the creation of amenities for the personnel of these institutions, the use of medicines, means of physical restraint, as well as the isolation of elderly citizens and disabled people are not allowed. The law provides for disciplinary administrative or criminal liability for persons guilty of violating this rule.
An application for admission to a boarding house, together with a medical card, is submitted to a higher-level social security organization, which issues a ticket to the boarding house. If a person is incompetent, then his placement in a stationary institution is carried out on the basis of a written application of his legal representative.
If necessary, with the permission of the director of the boarding house, a pensioner or a disabled person may temporarily leave the social service institution for a period of up to one month. A temporary exit permit is issued taking into account the opinion of a doctor, as well as a written obligation of relatives or other persons to provide care for an elderly or disabled person.
The law provides for the right of citizens who are in stationary social service institutions to refuse the services of these institutions, but on condition that they have relatives who can support them and provide the necessary care.
Persons who are in boarding homes for the elderly and disabled of a general type, systematically and grossly violating the rules of internal order, may be transferred to special boarding homes (special departments) by a court decision made on the basis of a recommendation from the administration of these institutions. They are created mainly for the elderly and disabled, previously convicted or repeatedly brought to administrative responsibility for violation of public order engaged in vagrancy and begging, sent from the institutions of the internal affairs bodies. In addition, they also send citizens in need of constant care from among those released from places of deprivation of liberty of especially dangerous recidivists and other persons who are under administrative supervision.
For persons without a fixed place of residence among the elderly and disabled, specialized institutions (social shelters, social hotels, centers for social adaptation, etc.) are created, in which a temporary place of residence is provided (including medical care, food, accommodation) and measures are taken for social adaptation persons who have lost socially useful connections (primarily persons released from places of deprivation of liberty) to the conditions of life in society.
Social service institutions provide assistance not only to elderly citizens and the disabled, but also to orphans, and are also actively working to solve the problems of child neglect, the prevention of delinquency among adolescents of "social orphanhood", and social assistance to people without a fixed place of residence.
Children from 4 to 18 years old with anomalies of mental or physical development are admitted to the orphanage. At the same time, it is not allowed to place disabled children with physical disabilities in stationary institutions intended for the residence of children with mental disorders.
One of the varieties of social services for the disabled and the elderly are semi-hospital centers created in municipal centers of social services or under the bodies of social protection of the population.
In departments of day (night) stay, social, medical and cultural services are provided for elderly citizens and the disabled.
Semi-stationary social services are provided for the elderly and disabled people who have retained the ability to self-service and active movement and have no medical contraindications for enrollment in such social services, as well as children in difficult life situations.
These institutions are the following types services:
1 organization of food, life and leisure (providing hot meals, providing bedding providing books, magazines, newspapers);
2 social and medical services (assistance in obtaining medical and psychological assistance, provision of sanitary and hygienic services, organization of medical and recreational activities, assistance in conducting rehabilitation programs for the disabled, assistance in obtaining vouchers for sanatorium treatment, assistance in prosthetics, etc.) d.);
3 assistance in obtaining education and vocational training;
4 assistance in finding employment;
5 assistance in organizing legal services;
6 assistance in organizing funeral services.
For persons without a fixed place of residence and employment in the system of social protection bodies, special institutions of a semi-stationary type are created - night stays, social shelters, social hotels, centers of social adaptation. These institutions provide:
2 coupons for one-time (once a day) free meals;
3 first aid;
4 personal hygiene items, sanitization;
6 assistance in providing prosthetics;
7 registration in a boarding house;
8 assistance in registration and recalculation of pensions;
9 assistance in employment, in the preparation of identity documents;
10 assistance in obtaining an insurance medical policy;
11 provision of comprehensive assistance (consultations on legal will dews, personal services, etc.).
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