Is a disabled child entitled to an apartment in Moscow in 2021?

Legislative aspects

The main legislative act allowing citizens with disabilities to receive square meters from the state is Art. 17 Federal Law dated November 24, 1995 No. 181-FZ. It says the following:

• Adult disabled people and families raising children with disabilities can apply for housing upon registration before 01/01/2005.
• Regional authorities have the right to independently determine the legal form of providing real estate - under a social lease agreement or into the ownership of a benefit recipient.
• If a disabled person suffers from a severe form of the disease, he may be allocated housing with an area exceeding the standards established in the region, but not more than twice.
• Residential premises must be equipped with everything necessary in accordance with the needs of the disabled person and his rehabilitation program.
• Disabled minor orphans living in government institutions, upon reaching 18 years of age, are provided with housing on a priority basis if it is established that they can care for themselves.
• If a disabled person or a family with a disabled child lives in an apartment under a social rental agreement, they are given a 50% discount when paying for rent, housing maintenance, current repairs and metering services.

Important! The norms of Federal Law No. 181 are relevant only for those who registered before January 1, 2005. If registration was completed after the specified date, you must be guided by the provisions of Art. 57 Housing Code of the Russian Federation.

According to Art. 57 of the Housing Code, the decision to provide housing to a citizen or family with a disabled child under a social tenancy agreement is made by the municipal body (administration). Real estate is allocated only at the place of registration of the beneficiary. If he is registered in one city and submits an application in another, such a request cannot be granted.

Last news

The Accounts Chamber of the Russian Federation presented a report on the results of the expert analytical event “Analysis of the implementation in 2018–2019 of measures to improve the living conditions of certain categories of citizens provided for by Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” . The department came to the conclusion that the state is not fulfilling its obligations to improve the living conditions of people with disabilities.

As of the beginning of 2021, there were 42 thousand people with disabilities on the waiting list for improved housing conditions, who got on the waiting list before 2005. Among them there are no longer those people with disabilities who never got their turn to receive housing or improve their living conditions.

Those disabled people who joined the waiting list after 2005 are in an even more difficult situation. They are not allocated to a separate waiting list; in order to receive housing, they need to obtain low-income status. To date, 63 thousand disabled people who have been on the waiting list since 2005 are registered with local government bodies for housing. At the same time, about 2.5 million low-income citizens are registered with local government bodies for housing.

In 2021, only 3% of those on the waiting list improved their living conditions

“Due to long waits, people with disabilities often lose their right to improved housing conditions,” the report notes. – The number of disabled people deregistered for various reasons (independent solution of housing problems, death, loss of disabled status) significantly exceeds the number of citizens who received state support.

Who can apply for housing

The mere presence of a child’s disability is not a basis for providing a family with housing. It is necessary that she be registered as in need of improved living conditions: only after this the property can be allocated.

Providing housing for a family with a disabled child is possible in the following cases:

• The existing real estate does not meet the established standards for each family member in terms of area. These standards are approved by regional authorities. For example, in Moscow the standard living area is 18 sq.m. for one person.
• The apartment is in poor sanitary or technical condition. This does not include deterioration of sanitary conditions due to the fault of the owners. For example, this is possible if dampness forms on the walls due to the fault of the management company or developer.
• Several unrelated families live in the same living space.
• The presence in the family of a person with a disability due to a serious illness, if he requires a separate room.
• Lack of a separate room for the child if the family lives together with strangers.

The most important condition is that parents or minors do not own housing. If it exists, when calculating social standards for “square”, its area will also be taken into account. As a rule, in such cases, social security will reject applications if it is determined that it complies with established standards.

Example No. 1: calculating the size of living space for a family of beneficiaries

A family with a disabled child lives in Moscow. According to local legislation, each person must have at least 18 sq.m. living space when allocating real estate from the state.

The family does not own their own home; the parents rent an apartment. The total income of all members is 60,000 rubles, rental expenses are 30,000 rubles. The rest is spent only on food.

One of the parents applied to Social Security in 2021 to register for the purpose of allocating real estate. When it was their turn, citizens were given a list of addresses where an apartment could be provided.

As a result, beneficiaries were allocated housing with an area of ​​52 sq.m., which exactly corresponds to the norm of 18 sq.m. per person living in it.

Important! Disabled people are not entitled to priority housing. The exception is citizens who, for medical reasons, must live in separate isolated premises. In all other cases you will have to wait your turn.

Collection of documentation for benefits

Before obtaining housing for a disabled child, you need to collect a certain package of documents and submit it to local authorities.
The list of documentation includes the following:

• passport of a citizen of the Russian Federation;
• statement;
• an extract issued by Rosreestr, if there are already residential premises;
• an extract from the house register or a certificate of family composition;
• a document confirming the existing disability and related documents;
• marriage or divorce document and other documents confirming the degree of relationship.

The list of required documents for registration as those in need of improved housing conditions may vary depending on the region of residence, since local authorities independently develop a methodology for accepting citizens into the queue.

There are also frequent cases when confirmation of disability is completely refused. Then it is necessary to appeal the decision in court.

Attention! Submission of documents can be carried out by legal representatives of the beneficiary. Any officially authorized persons have the right to do this. To do this, you need a notarized power of attorney, which will clearly state this right.

How to register as needy: step-by-step instructions

The registration procedure consists of several stages:

1. Collection of documentation. Parents or other legal representatives of a disabled minor must do this themselves.
2. Providing documents and applications to Social Security.
3. Consideration of the appeal. The government agency is given 30 calendar days to do this, after which the applicant is sent a notification with the decision made. During the process, Social Security may send a commission to check living conditions.

When it’s their turn, citizens are notified by phone or in writing. You need to visit Social Security and get a list of addresses where housing can be allocated. In some regions, beneficiaries' right to choose is limited.

If a family has two children of different sexes over 9 years old, the apartment is allocated taking into account the provision of different rooms for them.

Documentation

To successfully register for an account you will need:

Social security may require an additional package of documents. They must be submitted within the specified time frame. If the family is registered as low-income, confirmation of this status will be required.

Grounds for refusal

One of the main reasons for refusal to register for public housing is the lack of rights to it. There may also be other factors:

“One of the priority areas of the state’s social policy is to provide normal housing for people with disabilities and children with disabilities. Social authorities are trying to do everything possible to move the queue forward as quickly as possible, but the number of families in it in 2021 exceeded tens of thousands.”

S.O. Grigoryan, head of the Department of Social Protection of Troitsk, Chelyabinsk region.

Documentation

Returning to the question of how a disabled person can get an apartment or subsidies for its purchase, we cannot help but touch upon the issues of preparing the necessary documentation.
From the social security authorities, you must take a sample application for housing for a disabled person, fill it out, and additionally attach the following documents:

— extracts from the house register;

— a copy of your personal bank account;

— a certificate or certificate confirming disability;

— a document on individual rehabilitation or a program.

Additionally, medical documents reflecting the causes of disability, the period of obtaining this status, and the results of medical social examinations are attached. Documents can be submitted by the disabled person himself, as well as by members of his family, guardians or trustees.

Arbitrage practice

One day in Ufa, a family filed a lawsuit to invalidate the Social Security decision. The reason was an appeal to a government agency. According to calculations, a family with a disabled child should have been allocated 84 sq.m., because... In addition to her parents, she has two more children. As a result, the government agency approved only the allocation of 42 sq.m., guided by the fact that only the child and one of his legal representatives, and not the whole family, can take advantage of the right to the benefit.

Due to the above circumstances, long trials were held, the case reached the Constitutional Court of the Russian Federation, which put an end to the dispute. According to the Definition of the Constitutional Court of the Russian Federation, when deciding on the size of living space, lower courts and Social Security should have been guided by the provisions of Art. 40 of the Constitution, which advocates the protection of family and motherhood.

Taking into account the above, division of the family when determining the size of the living space is not allowed, and all its members must be taken into account, and not just the disabled child and one of his legal representatives.

When is help available?

In order to receive assistance in improving the quality of living conditions of disabled people, they or their representatives must take into account the following points, which allow them to count on support from the state.

That is, it will be possible to fulfill this need if the housing:

Disability benefits

• in which a disabled person lives, causes harm to him, limits his actions, or is considered an emergency;
• does not meet basic sanitary and hygienic standards, which also amounts to an emergency;
• is part of a communal apartment, and the disabled person has to share living space with people who are not related to him;
• owned by a disabled person, the footage is less than that established in regulations;
• in which a disabled citizen lives for a long time and is rented on a sublease basis;
• a person with disabilities has a shared living space with a citizen suffering from an acute chronic pathology that poses a threat to the life or health of the former.

At the same time, you should know that all of the above conditions aimed at improving the quality of life of disabled people apply to all categories of disabled people, namely group I, II and even group III.

Legal document regarding improving the living conditions of people with disabilities

Additional benefits for disabled children

In addition to the provision of free housing, parents of disabled children can enjoy other types of benefits:

How to apply for benefits

The registration procedure directly depends on what kind of privilege is required. For example, if parents want to receive a discount on transport tax, they must proceed as follows:

1. Prepare a package of documents and an application.
2. Submit the completed documentation along with the application to the Federal Tax Service. This includes PTS, STS, passport, disability documents.
3. Wait for the decision to be made. The documentation is reviewed by the tax service within 15 days.

It is advisable to contact the Federal Tax Service with this question before December 1 - the date of payment of transport and property taxes, which is valid throughout the country. You will not be able to receive a discount for the past period.

If we are talking about providing a free trip to a sanatorium, the process will take a little longer, because here a medical commission’s opinion on the need for such treatment will be required.

What it looks like in practice:

1. The parent visits the pediatrician with the child and asks for a referral to the commission.
2. The pediatrician issues a referral, examination specialists request a series of tests and study the results.
3. A conclusion is drawn up, which is subsequently signed by the chief physician.
4. The conclusion contains a rule on the need to provide a voucher. It is brought by one of the parents to Social Security.

Vouchers are issued on a first-come, first-served basis, so registration is required first. The frequency of their supply depends on the legislative acts of the region, most often it is no more than once every 2 years for each beneficiary.

Approaches to Improvement

When discussing the issue of a disabled person in need of a change in living conditions for the better, several approaches can be considered, and the choice of one of them will depend on the accompanying circumstances.

However, a disabled person, in turn, can count on the following:

• Providing new housing, specially equipped with the appropriate comfort that a person with disabilities needs.
• If a disabled person is unable to pay utility bills in full, the state provides special benefits and subsidies. The same applies to maintenance services provided by public utilities.
• If the living conditions of a person with disabilities are completely satisfactory, that is, he does not need to move to a new home, but there are difficulties with moving independently or with transportation, the solution looks different. The state must provide material support for the purchase of the necessary funds.

In some situations, the state purchases equipment for the movement of a disabled person on its own and then transfers it for use free of charge.

Attention! In each individual case, the speed of resolution of the problem of improving the living conditions of disabled people is influenced by many factors, since all situations are unique and individual in their own way.

FAQ

Question No. 1. If the family of a disabled person receives monthly monetary compensation and changes their place of residence, do they need to inform Social Security about this?

In the regions, the EDC is provided by the Social Security Authority at the citizen’s registration address. If it changes, you must submit the relevant information for the new place of residence, and then the compensation will be assigned again.

Question No. 2. What to do if Social Security unreasonably refuses to register for housing?

If the decision is truly unfounded, it is subject to appeal in court through administrative proceedings. You can also file a complaint with the prosecutor's office at your place of residence.

Conditions for obtaining living space for a disabled person of group 1

Housing for a disabled person is provided under certain conditions, taking into account the benefits provided. Questions related to the purchase of housing should be addressed to the relevant municipal authority at your place of residence.

For your information, a single disabled person is allocated a separate living space only on the condition that he can take care of himself without outside help.

Most common mistakes

Mistake #1. Disabled people are given priority housing and can get it quickly.

No, they also form their own queue during registration, so getting real estate in a few months is problematic.

Mistake #2. Beneficiaries can receive a free social package and monetary compensation at the same time.

No, this category of citizens has the right to use the benefits due from the Pension Fund; payments from Social Security stop when applying for a social package.

Improving the living conditions of a disabled person of the first group (who has living space)

Situations arise when a person with disabilities already has living space, but it does not meet special requirements. In addition, due to the state of health of the citizen, special conditions must be created. As a result, a person cannot get on the waiting list for an apartment.

However, there are other government support measures in this area. These include the following:

• a person can receive a plot of land and build a house there;
• a person can receive a subsidy for the purchase of housing. However, the subsidy is not enough to purchase real estate and you will have to save a certain amount yourself.

Housing benefits for disabled people of the first group (housing and communal services, landline telephone, rent)

As we have already found out, a person with a disability has the right to receive housing, land or a subsidy. However, there are other measures of state support that a citizen can count on. These include housing benefits. These include the following support measures:

• subsidy for housing and communal services - half the cost;
• discount on fuel, there is no central heating in the room;
• payment for landline telephone service;
• a person is reimbursed half the cost of rent if he rents a house.

What will happen to the apartment of a disabled person when he is sent for rehabilitation to a social institution?

Situations arise when a person with a first degree disability is sent for rehabilitation to a special institution. In this case, many people wonder what happens to real estate. After all, the owner will have to be absent; sometimes a person leaves for a long time.

Thus, housing will be preserved for up to six months. If relatives of a person with disabilities live in the premises, no one will be able to move in.

Often people with disabilities encounter difficulties when dealing with these issues. If a person is denied improved housing conditions or in the waiting list for housing, he can turn to specialists for help. A person with a disability will be consulted. Also, the interests of the citizen will be able to be represented in court or before the authorities.

How can a disabled person of the first group apply for a housing subsidy?

A person with a disability of the first group has the right to receive a housing subsidy. To do this, he will have to confirm his health status by providing certain medical documents. He must also be recognized as needy.

All necessary documentation will need to be submitted to the Multifunctional Center or social protection authorities. Documents are provided at the applicant’s place of residence.

If a person is officially recognized as a disabled person of the first group, he can count on the following types of state support:

1. Privileges:

• to pay property tax, land tax;
• for medical care;
• for sanatorium treatment and travel to the facility, including for an accompanying person;
• for travel in city and suburban transport.

1. Pensions. We are talking about social and insurance payments.
2. Benefits and allowances.

Important!

All payments are indexed every year.

Conditions for providing subsidies for the purchase of housing to disabled people of the first group

As we have already found out, there are certain conditions under which a person with disabilities will be able to get on the waiting list for housing. Similarly, there are conditions for providing subsidies for the purchase of housing.

The money allocated as a subsidy is not handed out, but transferred to an account. After this, the applicant has six months to find suitable housing. During this period of time, a person must have time to draw up a contract for the purchase of housing.

Please note that there are two types of queues for receiving subsidies:

1. people who registered before 2005;
2. people who registered after 2005.

In the first case, the person is paid a subsidy by the region of the Russian Federation in which he lives. In the second case, the applicant is entitled to a subsidy on a first-come, first-served basis, which is controlled at the federal level.

Important!

Starting in 2021, social security employees will begin to find out about applicants’ debts themselves. If it is present, the person will be denied a subsidy. Previously, citizens themselves provided a certificate confirming the absence of debt.

Calculation of the subsidy amount

Most often, the person who has applied for a subsidy is concerned about the amount that will be sent to him. He will be able to calculate the amount of financial assistance independently.

To do this, a person must multiply the average price per square meter by the standard living space (NL). Let us remind you that NL is equal to 18 square meters.

Simplification of the procedure for obtaining a housing subsidy for disabled people of the first group from January 1, 2021

According to the decree of the Russian Government, from January 1, 2021, the procedure for receiving a subsidy for housing and communal services will be simplified for citizens.

This is as follows. Now people will not need to convey information that they have no debts by collecting special papers and certificates. This issue will be dealt with by the authorized bodies.

It is also important to understand that if a person has arrears in paying housing and communal services that have arisen for a period of no more than the last three years, he will be denied a subsidy. This must be confirmed by a judicial act that has entered into force.