Stationary and semi-stationary social services. Stationary social services Social services Semi-stationary social services include social

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 extraneous care and supervision, are sent to these institutions. In addition, a network of specialized institutions for disabled children has been established.

AT last years Nursing homes for the elderly are widely used, the contents of which take place on 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 obliged by law to support them.

Boarding houses for the disabled accept only disabled people of groups I and II aged 18 to 40 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, personal services and medical care, regardless of whether they have relatives who are required by law to support them or not.

In stationary institutions, not only care and necessary medical care are carried out, but also rehabilitation measures of a medical, social and medical-labor nature.

Citizens of the elderly and disabled living in stationary institutions social service are provided:

1. material domestic services(provision of living space, organization of rehabilitation activities, treatment and labor activity, cultural and public services);

2. services for catering, everyday life, leisure (hot meals, including dietary meals, provision of clothes, shoes, bedding, creating conditions for religious ceremonies, 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 and disabled citizens. The law provides for disciplinary administrative or criminal liability for persons guilty of violating this rule.

An application for admission to a boarding house, along with a medical card, is submitted to a higher-level organization social security, 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 and provide for them. necessary care.

Persons staying in nursing homes for the elderly and disabled of a general type, systematically and grossly violating the rules internal regulations, may be transferred to special boarding houses (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 violating 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 the most dangerous recidivists released from places of deprivation of liberty, and other persons who are under administrative supervision.

Specialized institutions (social shelters, social hotels, centers social adaptation etc.), in which a temporary place of stay is provided (including medical care, food, accommodation) and measures are taken for the social adaptation of persons who have lost socially useful ties (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”, social assistance persons 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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Introduction

Chapter 1. Social services for the disabled and the elderly

1.1 Basic provisions of social services for the disabled and the elderly

1.2 Rights of the disabled and the elderly in the field of social services

Chapter 2. Characteristics certain types social service

2.1 Stationary social services for the disabled and the elderly

2.2 Semi-residential social services for the disabled and the elderly

Conclusion

Bibliographic list

ATconducting

The relevance of my work is due, first of all, to the fact that in modern world the proportion of elderly and disabled people in the population is gradually growing, similar trends are also characteristic of our country. Their income is much lower than the average, and the need for medical and social services is much higher.

Disability and old age are not only a problem of the individual, but also of the state and society as a whole. This category of citizens is in dire need of not only social protection but also in the understanding of their problems on the part of the surrounding people, which will be expressed not in elementary pity, but in human sympathy and equal treatment of them as fellow citizens.

The development of social services for the elderly and disabled is given in our country every year. greater value, it is seen as a much-needed addition to cash payments that significantly increase the efficiency of the entire state system social security.

The state, providing social protection for disabled and elderly citizens, is called upon to create for them the necessary conditions for individual development, realization of creative and production possibilities and abilities by taking into account their needs. Today, this circle of people belong to the most socially unprotected categories of the population. disabled social service sympathy

The possibility of meeting the needs of an elderly person and a disabled person becomes real even when he is endowed with a legal right to demand that the relevant competent authority provide this or that benefit, and this body is legally obliged to provide such a benefit.

The purpose of the study is to consider the forms and methods of organizing social services for the disabled and the elderly, to achieve which the following tasks are set:

1. clarify the concept of social services for the disabled and the elderly;

2. consider disabled and elderly citizens as subjects of social services;

3. to study such forms of social services as stationary and semi-stationary social services.

The object of the study is the norms of law aimed at social services for the disabled and the elderly.

The subject of the study is social services for the disabled and the elderly.

The research method is the study and research of special scientific literature, legal acts.

Chapter 1. Social services for the disabled and the elderly

1.1 Basic provisions of social services for the disabled and the elderly

An integral element of the state social security system in Russian Federation is a social service for the elderly and disabled, which includes different kinds social services aimed at meeting the special needs of this category of persons. Currently, the state is making great efforts to create integrated system social services for the population, the allocation of financial resources for its development.

Social services are the activities of social services for social support, the provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

For the first time in domestic legislation, the concept of such a socially significant circumstance as a difficult life situation is formulated.

A difficult life situation is a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. The reasons for its occurrence can be a variety of circumstances: disability, advanced age, illness, orphanhood, abuse in the family, unemployment, lack of a fixed place of residence, and so on.

The following have the right to social services: citizens of the Russian Federation; foreigners and stateless persons, unless otherwise established by international treaties of the Russian Federation. Depending on the social status of those in need, as well as at their request, the form of services can take the following forms: free, partial or full payment.

Social services are provided free of charge: to single citizens of the elderly (single married couples) and disabled people who receive a pension, including allowances, in the amount below the subsistence level established for the given region; elderly and disabled citizens who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of the pension received by these citizens, including allowances, is lower than the subsistence minimum established for the given region; elderly citizens and disabled people living in families whose average per capita income is below the subsistence level established for the region.

Social services on conditions partial payment turn out to be: single elderly citizens (single married couples) and disabled people receiving a pension, including allowances, in the amount of 100 to 150 percent of the subsistence minimum established for a given region; elderly and disabled citizens who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of pension received by these citizens, including allowances, is from 100 to 150 percent of the subsistence minimum established for this region; elderly citizens and disabled people living in families whose average per capita income is from 100 to 150 percent of the subsistence minimum established for a given region.

On the terms of full payment, social services are provided to elderly citizens and disabled people living in families whose average per capita income exceeds by 150 percent the subsistence minimum established for the region.

Activities in the field of social services for the elderly and disabled are based on the following principles:

1) Targeting. Providing personalized to a specific person. Work to identify and create a data bank of such persons is carried out by local bodies of social protection of the population at the place of residence of the disabled, the elderly.

2) Availability. The possibility of free and partially paid social services, which are included in the federal and territorial lists of state-guaranteed social services, is provided. Their quality, volume, procedure and conditions of rendering must comply with state standards established by the Government of the Russian Federation. Reducing their volume at the territorial level is not allowed.

3) Voluntariness. Social services are provided on the basis of a voluntary application of a citizen, his guardian, custodian, other legal representative, public authority, local government or public association. At any time, a citizen can refuse to receive social services.

4) Humanity. Citizens living in stationary institutions have the right to be free from punishment. The use of medicines, means of physical restraint, as well as isolation are not allowed for the purpose of punishment or creating convenience for personnel. Persons who committed these violations bear disciplinary, administrative or criminal liability.

5) Privacy. Information of a personal nature that has become known to employees of a social service institution in the course of providing social services constitutes a professional secret. Employees guilty of disclosing it bear the responsibility established by law.

6) Preventive focus. One of the main goals of social services is the prevention negative consequences arising in connection with the citizen's life situation(impoverishment, exacerbation of diseases, homelessness, loneliness, and so on)

Lists of social services are determined taking into account the subjects to whom they are intended. federal list state-guaranteed social services for the elderly and disabled, provided by state and municipal social service institutions, was approved by Decree of the Government of the Russian Federation of November 25, 1995 No. 1151. Based on it, territorial lists are being developed. Financing of the services included in the lists is carried out at the expense of the relevant budgets.

Control over the activities for the provision of social services is carried out by the bodies of social protection of the population, health authorities, education authorities within their competence.

Public control is carried out public associations engaged in accordance with founding documents issues of protecting the interests of elderly citizens, disabled people, people with mental disorders. One of these associations is the Independent Psychiatric Association of Russia.

Supervision over compliance with the law in this area is carried out by the prosecutor's office, whose assistance should be the most prompt.

Action or inaction government agencies, institutions, organizations and officials that resulted in violations of the rights of citizens may be appealed to the court.

1.2 Rights of the disabled and the elderly in the field of social services

When receiving social services, elderly citizens and people with disabilities have the right to:

Respectful and humane attitude on the part of employees of social service institutions;

The choice of an institution and form of social service in the manner established by the social protection authorities of the population of the constituent entities of the Russian Federation;

Information about their rights, obligations, conditions for the provision of social services, types and forms of social services, indications for receiving social services, and the conditions for their payment;

Voluntary consent to social services (in relation to disabled citizens consent is given by their guardians, and in their temporary absence - by guardianship and guardianship authorities);

Denial of social services;

Confidentiality of personal information that became known to an employee of a social service institution when providing social services (such information constitutes a professional secret of these employees);

Protection of their rights and legitimate interests, including in court.

The list of state-guaranteed social services is approved by the executive authorities of the subjects of the Russian Federation, taking into account the needs of the population living in the territory of the corresponding subject of the Russian Federation.

Information about social services is provided social workers directly to elderly citizens and the disabled, and in relation to persons under the age of 14 and persons recognized as incapacitated, to their legal representatives. Citizens sent to stationary or semi-residential social service institutions, as well as their legal representatives, must be familiarized in advance with the conditions of residence or stay in these institutions and the types of services provided by them.

In case of refusal of social services, citizens, as well as their legal representatives, are explained possible consequences the decision they have made. Refusal of social services, which may lead to a deterioration in the state of health of citizens or a threat to their lives, is formalized in a written application of citizens or their legal representatives, confirming the receipt of information about the consequences of such a refusal.

Chapter 2Characteristics of individualtypes of social services

2.1 Stationary social services for the disabled andelderly

Inpatient social services for the disabled and the elderly in institutions of social protection of the population have the following features: Inpatient social services are provided in nursing homes for the elderly and disabled, boarding schools for the disabled, neuropsychiatric boarding schools, etc.; 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 accepted into boarding schools, provided that they do not have able-bodied children or parents who are obliged to support them;

Only people with disabilities of groups I and II aged 18 to 40 who do not have able-bodied children and parents who are legally obliged to support them are admitted to boarding schools for the disabled;

The psycho-neurological boarding school accepts persons suffering from chronic mental illnesses who need care, domestic services and medical assistance, regardless of whether they have relatives who are legally obliged to support them or not;

Persons who systematically violate the rules of internal order, as well as persons from among especially dangerous criminals, as well as those engaged in vagrancy and begging, are sent to special boarding houses;

In stationary institutions, not only care and necessary medical care is provided, but also rehabilitation measures of a medical, social, domestic and medical nature; 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 up to 1 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.

2.2 Semi-residential social servicedisabled and elderly

In departments of day (night) stay, social, medical and cultural services are provided for elderly citizens and the disabled.

These institutions provide the following services:

1) organization of catering, everyday 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 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, social adaptation centers (Decree of the Government of the Russian Federation of June 8, 1996 No. 670). These institutions provide:

* coupons for one-time (once a day) free meals;

* first aid;

* personal hygiene items, sanitization;

* referral for treatment;

* assistance in providing prosthetics;

* registration in a boarding house;

* Assistance in registration and recalculation of pensions;

* assistance in employment, in the preparation of identity documents;

* assistance in obtaining an insurance medical policy;

* provision of comprehensive assistance (consultations on legal issues, personal services, etc.).

Wconclusion

From all of the above, we can conclude that the most important task of the state in present stage is the creation effective system social services as a set of services for various categories of the population in the zone of social risk.

Social services are designed to help clients solve their problems. social problems to restore or enhance their ability to self-sustain and self-service, to create the necessary conditions for the viability of persons with disabilities.

The main purpose of the formation of this system is to increase the level social guarantees, providing targeted assistance and support to disabled citizens, primarily at the territorial level and taking into account new social guarantees.

For more effective work bodies of social services, it is necessary to develop the legal framework for the organization and functioning of social service institutions; development of scientific and methodological foundations for the activities of a network of social service institutions; governmental support development of the material and technical base of social service institutions; development project documentation for the construction of institutions of a new type, the development of interregional and international cooperation and information support for the activities of social service institutions.

Bibliographiclist

Regulations

1. The Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948) // Library of the Russian newspaper. - 1999. - No. 22-23. (current version).

2. The Constitution of the Russian Federation. (adopted by popular vote on 12.12.1993) // Russian newspaper. - 1993.

3. Federal Law of December 28, 2013 N 442-FZ "On the basics of social services for citizens in the Russian Federation" // Consultant Plus (current version).

4. Decree of the Governor of the Vladimir Region N 920 “On the introduction in the Vladimir Region of the hospital-replacing technology “Foster family for the elderly and disabled”” dated August 16, 2012 / / Consultant Plus (current version).

5. Decree of the Governor of the Vladimir Region No. 435 “On approval of the administrative regulations for the provision by the Department of Social Protection of the Population of the Administration of the Vladimir Region public service in the direction of stationary social services for the elderly and the disabled” dated May 10, 2011 / / Consultant Plus (current edition).

Literature

6. Agapov E. P. Research methods in social work/ Tutorial. -M.: Dashkov and Co., 2013. 224 p.

7. Buyanova M. O. Social security law in Russia: Textbook / M. O. Buyanova et al.; ed. K. N. Gusova. - 4th ed., revised. and additional - M.: Prospect, 2012.-512s.

8. Galaganov V.P. Social Security Law / Tutorial.- M.: Knorus, 2014.- 512.

9. K.N. Gusova Social Security Law of Russia.-M.: Prospekt, 2010.-329 p.

10. Karpunina N.A. Legal facts in social security law. Diss. cand. legal Sciences. M. 2010

11. Minaeva L.N., Belikova T.N. Pension: calculation and registration procedure / Practical guide. - St. Petersburg: Peter, 2011 - 224 p.

12. Mironova T. K. The right to social security. Tutorial. M.: KNORUS, 2013.-312 p.

13. Mironova T.K. Social Security Law / Study Guide. - M.: Knorus, 2013 (19.5 sheets)

14. Simonov A.N. Pension provision of senior citizens in the conditions of social modernization of Russia. Diss. cand. sociological Sciences: 22.00.04, Volgograd, 2009. - 162 p.

15. Snezhko, O. A. Protection of social rights of citizens: theory and practice: monograph / O. A. Snezhko. -M. : Infra-M, 2013. -274 p.

16. Sokolova V.F., Beretskaya E.A. Theory and practice of rehabilitation of elderly citizens / Tutorial. - M .: Flinta, 2012. - 195 p.

17. Tuchkova E.G. Akatnova M.I., Erofeeva O.V./International and Russian norms of pension provision: comparative analysis/ ed. E.G. Tuchkova, Yu.V. Vasilyeva - M .: Prospect, 2013. (27.5 pp).

18. Encyclopedia social practices/ Ed. E.I. Kholostova, G.I. Klimantova. - M.: ITK "Dashkov and Co", 2011.

Internet resources

19. Electronic journal"The ABC of Law" [ Electronic resource], - http://azbuka.consultant.ru/.

20. Department of social protection of the population of the Vladimir region [Electronic resource], - http://www.social33.ru/.

21. Administration of the Vladimir region (official Internet portal) [Electronic resource], - http://www.avo.ru/.

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Services provided by stationary social service institutions

The state guarantees the provision of social services in stationary social security institutions to disabled and elderly citizens. These services include:

Material and household services. They include the provision of living space, cultural and community services, the organization of medical and labor activities, and 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 examination, 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, appropriate medications, any types of punishment, isolation against the elderly. 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, the creation of acceptable living conditions in such institutions, the 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 residential 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.

Stationary social service institutions are different: providing urgent social services (for example, an emergency 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.

Legal, organizational and economic fundamentals social services for citizens are established by the Civil Code of the Russian Federation and the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the 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 divisions 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 support for the activities of social service organizations is 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 size monthly fee 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.

Note:

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 cash is taken into account. 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 the 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%).

Note:

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 Federal Law No. 178-FZ dated July 17, 1999 “On State Social Assistance” (Appeal ruling of the Kostroma Regional Court dated July 05, 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. Essential conditions contracts 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 a certain part by the territorial body of the PFR to the account stationary organization social services where the pensioner lives, at the expense of 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 at all 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 these 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 charging 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 06/10/2014 No. 29 “On the procedure for spending funds generated as a result of charging 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 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 engaged 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.

In this way, financial resources of an incapacitated citizen, remaining after paying for stationary social services, are stored on the nominal or personal account of the institution and can only be spent to meet 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?

Firstly, 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 supports the citizen at the expense of own funds, but the property after the death of a citizen will pass to the institution.
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 the city or rural settlement, municipal district (in part of inter-settlement territories) or urban district. Other escheated property (including money) passes by way of inheritance under the law into the ownership of the Russian Federation.

Note:

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, the Order of the Ministry of Social Policy of the Nizhny Novgorod Region dated January 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 registering in 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 in 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 stationary 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 incompetent 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.