Disabled children belong to a vulnerable category of the population that needs government support to ensure normal life activities. Regardless of how they are supported, parents or legal guardians and trustees, additional funds are required to be paid in connection with the physical disabilities of this category of citizens.

Legislative basis for providing assistance to a disabled child

To ensure social and domestic needs, the Russian Government has developed a number of measures, including the provision of housing. The rules establishing the procedure for submitting documents are established by Federal Law No. 181 of November 24, 1995. The provisions of the law do not establish the division of disabled people into specific social groups. In this regard, all categories of citizens can apply for state support. To do this, you only need to register as someone in need of improved housing conditions. In this manner, benefits are provided from January 1, 2005. In this case, money is allocated from special funds, as well as for WWII participants.

The procedure for allocating living space to disabled children

Citizens registered as needing improved housing conditions in the period after January 1, 2005 can receive housing on the basis of a social tenancy agreement. Those registered before the specified date receive property for use in accordance with Article 57 of the Housing Code of the Russian Federation - in order of priority.

Who can get housing – disabled children

The main conditions for the provision of apartments for use are listed in Government Decree No. 901. The following have the right to count on living space:

Documents for registration of an apartment for a disabled child

In order to receive a housing benefit, you need to collect the following package of documents for a minor:

1. An application filled out according to the form, indicating personal data and the circumstances of housing registration.
2. House book with completed data on the child’s registration in the living space.
3. Birth certificate from the registry office or passport for persons over 14 years old.
4. Conclusion of a medical commission establishing a diagnosis and assigning a disability group.
5. Individual rehabilitation program for a disabled child.
6. Personal account details.
7. Technical plan or passport from the Bureau of Technical Inventory on the condition of the house or living space allocated for the child, living conditions.
8. Identification card for the applicant - parent or legal representative - guardian or trustee, a court decision on adoption that has entered into force.

Expert opinion

An application with an attached set of papers can be submitted through municipal authorities or a multifunctional center (MFC). The second option is most preferable due to the child’s disability and the wide network of such institutions. The required set of papers is the same; the review period does not significantly exceed the period for approval of the application when applying directly to the authorized body. In addition, you can get comprehensive legal advice from specialists on all issues of interest.

Rozovykh I.N., MFC employee

The procedure for registering housing as the property of a child with a disability

In order to obtain real estate, several actions are required:

Important: parents or one of them, guardians or trustees recognized as such on the basis of a decision of the authorized bodies for the protection of the rights of the child, or in accordance with a legal act on adoption, can submit an application.

What is the standard for providing housing to a disabled child?

The legislation provides a number of conditions for the provision of housing:

1. The housing standard is recognized as standard based on the requirements of local legislation. So for Moscow it will be 18 sq.m. for each family member based on the City Law Moscow No. 29, Art. 20.
2. Housing is provided based on the specified norm or more, but not double the amount. If a child falls ill with a severe chronic form of the disease, the area can increase significantly. The list of diseases is established by Government Decree No. 817.

Who can apply for housing for disabled children

The provisions of the law on the need to improve housing conditions apply to the following categories of children:

1. In case of disruption of the functionality of vital organs - one or more, in case of injury or as a result of pathological processes at birth and for some time. The disease must be clearly expressed.
2. With difficulties with movement, with the process of learning and communication, lack of orientation.
3. If necessary, apply social support measures in the form of rehabilitation measures.

Important: to register as someone in need of improved housing conditions, a combination of all the specified conditions is required. Documents are provided to the authorized bodies on the basis of Article 17 of the Law on Social Protection of Persons with Disabilities.

Other benefits to improve living conditions for disabled children

Among other measures that the state offers for socially vulnerable citizens:

• Registration by the state of land into private ownership for building a house or running a subsidiary plot.
• The municipality has the right to provide ownership of apartments at its own discretion that exceed the standard for living space in the region, but the figure cannot be more than double.
• Regulatory acts of constituent entities may establish other benefits; consultation should be obtained from the housing departments of the administrations of the relevant regions or local MFCs.

Common Mistakes

Error 1. The allocation of living space for a child does not occur in cases where he lives in an apartment with a norm of 18 square meters per person, with good sanitary conditions, or if he can move independently and does not require constant care, and has no physical disabilities.

Case from practice

The child was diagnosed with group 2 disability. Social security advised that the minor has the right to apply for housing, since we live in official premises - a dormitory, allocated to my husband in connection with his work in the RF Armed Forces. The parents collected a package of documents and submitted them to the housing department of the local administration. After reviewing the application, they received an approval decision. The established standard for living space was 18 sq.m. The motivation given was the lack of conditions for a disabled child in need of care to live with other non-relatives - neighboring children in the dorm, and non-compliance with the living space standard - 5 sq.m. per person and relative to the housing stock - office space.

Question answer

Question 1. Can I apply for housing for a disabled child if he has group 3 disability and we live in an apartment of 40 sq.m. four of us - husband, me and two children?

Since the norm of living space for each family member is less than the norm - 18 sq.m. You can submit an application to the Housing Authority to allocate an apartment for a disabled child.

Question 2. I heard about a program to improve housing conditions for disabled minors. What documents do I need to collect for this and where to apply?

Such a government program actually exists. You need to prepare proof of disability - obtain a medical report, make a certificate from the BTI and an extract from the house register about the non-conformity of the living space to normal or the living area per child is less than 18 sq.m. An application must be submitted to the housing department of the administration of the minor’s area of ​​residence.

The provision of housing and improvement of living conditions are regulated by the following documents:

Articles 17 and 28.2 of the Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in the Russian Federation”

Decree of the Government of the Russian Federation dated July 27, 1996 N 901 (as amended on March 13, 2014) “On providing benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utilities”

Decree of the Government of the Russian Federation of October 15, 2005 N 614 “On approval of the Rules for the provision of subventions from the federal budget to the budgets of constituent entities of the Russian Federation for the implementation of the transferred powers of the Russian Federation to provide housing for veterans, disabled people and families with disabled children.”

Issues of assistance to disabled children are a priority when considering the possibility of providing housing for vulnerable social groups, since a disabled child in the care of parents or relatives requires the organization of special living conditions. Often, persons falling under this category have physical limitations, and therefore, the implementation of their own household and social needs is associated with great difficulties.

The legislation of the Russian Federation provides for a special mechanism that allows families with disabled children to obtain housing. The document defining the procedure for improving housing conditions and providing living quarters for disabled children in need of such assistance is Article 17 of Federal Law No. 181, adopted on November 24, 1995.

Division by time of registration

The legislative act itself does not contain gradations according to which housing can be provided only to children with disabilities of certain groups. The only factor that affects the quality and conditions for the provision of state assistance in the form of housing is the time period when a person who can qualify for benefits was registered. Thus, the division occurs between beneficiaries registered before January 1, 2005 and after this date.

Those who were registered after the beginning of 2005 are provided with housing in accordance with the provisions of Article 57 of the Housing Code, taking into account the order and time of registration. Disabled children who suffer, according to the second part of Article 57 of the LC, can receive housing out of turn.

Conditions for obtaining living space

The grounds for the family of a disabled child to be recognized as one that needs improved living conditions are listed in Government Decree No. 901 of the Russian Federation. This resolution is devoted to the issues of providing benefits directly to disabled people and members of their families. The conditions and circumstances that allow persons in this preferential category to count on state assistance are as follows:

• The family of a disabled child is provided with living space, the size of which in terms of each family member is lower than the level established by the legislation of the Russian Federation;
• The family of a disabled child lives in a room that is not intended for this purpose - it does not meet sanitary and technical requirements;
• The apartment or other type of housing where a disabled child lives is occupied by several families;
• Among the seven disabled children there are patients who suffer from certain chronic diseases that occur in severe forms. This refers to diseases in which living with the patient in the same living space is impossible, this is established by employees of state medical institutions;
• A disabled child lives in a non-isolated room where people who are not related to him also live;
• A disabled child and his family live in a dormitory room, with the exception of cases when such accommodation is due to accommodation for the duration of seasonal work or during training;
• A disabled child and his family live for a long time in the premises of a state fund on a sub-rental basis or in living space that belonged to other citizens.

Required documents

In order for a disabled child and his family to receive housing, it is necessary to register as a disabled person in need of improved living conditions. Registration for such registration is carried out by authorized employees of local government bodies, the basis for this is an application. The application and the attached package of documents must be submitted to the relevant authority at the place of residence directly, or through a multifunctional center.

An application is submitted in which a person in the preferential category informs of his desire to take advantage of the benefit, and copies of the following documents:

• Extract from the house register;
• A certificate stating the fact of disability;
• Individual rehabilitation program for a disabled person;
• Document on opening a personal account and extract;
• Documents that document other circumstances, depending on the case (this can be certificates from medical institutions or from the technical inventory bureau).

In order for a disabled child and his family to qualify for housing from the state, the fact of disability must be established. Also, the relevant conclusions must establish the causes of disability and the facts of the disabled person’s need for certain types of social protection. A medical and social examination conducted by federal institutions helps to establish all of the above facts.

The law on benefits granted to disabled children does not determine the procedure for submitting documents - whether a representative can do this legally or whether the beneficiary must do this directly. On the other hand, the law provides for the opportunity for any citizen to delegate his powers to another person using a power of attorney executed by a notary.

Standards for provided living space

The size of the area that is provided under the social contract. hiring cannot be less than certain standards. These standards, according to the law, are established by local governments, depending on many factors. So, in Moscow, these norms are established in accordance with Article 20 of Moscow City Law No. 29 and amount to 18 square meters. meters per person. The provided area of ​​social housing may exceed the norm, but this excess cannot be more than double if this premises is a one-room apartment or room.

In addition, the same norm is reflected in the Federal Law, Article 17 (No. 181-FZ) specifies that the provided area can be increased if a disabled person suffers from a severe chronic disease. The list of diseases is approved and determined by Decree of the Government of the Russian Federation No. 817.

Children with disabilities belong to the category of unprotected citizens. Such people require special living conditions, where they could be provided with satisfaction of everyday needs and acceptable comfortable conditions. But not all families have the opportunity to do this, so they ask whether a disabled child is entitled to an apartment from the state? Let's look into this issue.

The Law on Social Protection of Persons with Disabilities determines that disabled children have the right to an apartment. This is Federal Law No. 181 of November 24, 1995. The procedure for its provision is stipulated by Art. 17 of the same bill.

Disabled children who need housing are given free apartments as part of a government program. Such projects are developed by the Government in the social sphere and are aimed at improving the level and quality of life of vulnerable citizens. The first thing a family that doesn’t know how to provide housing for a disabled child needs to do to get an apartment is register.

Now regarding the question, can a disabled child get into an apartment, and in what queue should he be in order to do this? Despite the fact that the requirements for applicants are equal, several types of queues have formed. They differ from each other in the period for registration of the applicant. The reference date was January 1, 2005.

On a note! The factor that classifies an applicant as belonging to one of the queues is the date before and after 01/01/2005; housing benefits for these two registers are slightly different.

Persons registered before the established date receive funds to purchase living space for a disabled child. The program is financed by special funds. The same procedure applies to. And now we will answer the question whether a disabled child is entitled to an apartment if his family was registered after January 1, 2005.

The answer is yes; those who apply for improvement of the family’s living conditions can also arrange an apartment for a disabled child. Only now, instead of a sum of money, they will be offered housing under a social rental agreement. Consequently, the priority and deadline for registration are the main factors for allocating a residential property to needy applicants.

Art. 57 of the Housing Code determines the order of priority for the state of the country to allocate an apartment for permanent residence to a child with a childhood disability.

Peculiarities

Factors relevant to purchasing a subsidy for a disabled child to purchase an apartment:

• the right to be placed in a priority queue (only persons with disabilities can be included in it), equality of program participants is provided;
• applicant number in general order;
  registration period.

Attention! Those persons with disabilities who have severe chronic illnesses have priority over other queue participants. These include lung abscess, psychological diseases, malignant tumors, severe skin lesions, tuberculosis and other dangerous serious diseases.

Conditions for obtaining housing for a disabled person from the first stage (before 01/01/2005)

If a child has congenital or acquired physical disabilities or diseases, can he, as a disabled person, get an apartment? What are the requirements for applicants? In fact, there are no criteria that a minor citizen must meet in order to be assigned the right to housing. Moreover, minors are not even divided into groups; they all have the status of childhood disabilities.

Government Decree No. 901 of the Russian Federation, in force since 1996, determines the conditions for the implementation of a housing program for disabled children. It establishes factors that make it possible to classify a family with a disabled child in need of improved living conditions.

But as for the conditions for allocating an apartment to a disabled child, they exist. One of the first requirements is the presence of a need factor for improved living conditions. Now let's look at these circumstances in more detail:

• the family has a home, but in terms of each member there is less space than provided for by law;
• the residential premises where the applicants live does not meet sanitary, technical and other conditions;
• an apartment where a disabled person lives is the main place of residence for several families;
• there is an applicant in the family who has severe chronic diseases;
• there is no dedicated room for a disabled person to live in, which is why he is forced to live in the same space with other people who are not his relatives;
• the family of a disabled person lives in a dormitory, but with the exception if this is temporary seasonal accommodation for the period of study;
• the family rents housing under a sublease agreement from strangers.

Attention! The fact that a disabled child cannot live with a family member who has serious chronic illnesses must be confirmed by an employee of a state medical institution.

Conditions for the allocation of housing under a social tenancy agreement (queue after 01/01/2005)

Art. 57 of the Housing Code in part two establishes that the following are eligible for priority provision of housing under a social tenancy agreement:

1. Citizens/families living in unsafe/unsuitable premises for safe living.
2. Orphans are left without parental care.
3. Patients with severe chronic diseases.

On a note! Housing should be provided to orphans on a priority basis after they leave boarding schools, after completing service in the Second World War, after ending guardianship and upbringing in foster families.

And in this case, to answer the question of whether disabled children are given apartments out of turn, you will have to answer negatively. Since, as part of the exercise of the right to housing under a social tenancy agreement, persons with disabilities do not enjoy a priority right to housing. They can receive it on a first-come, first-served basis.

Standards for allocating housing

Whether a particular disabled child is entitled to an apartment must be judged in the context of standards. The law does not directly stipulate the minimum square meters that must be allocated to the applicant. Regulation of this issue is the prerogative of local authorities.

In order to get an apartment in Moscow, a disabled person, as well as each member of his family, must have less than 18 square meters. m. area.

Priority right to allocate normalized living space

Now we know that disabled people are entitled to an apartment, but it is only provided to them in accordance with the general procedure. The law establishes a list of chronic diseases in one of the family members, giving a priority right to separate housing:

• tuberculosis in the active stage;
• neoplasms of a malignant type, which is accompanied by discharge;
• persistent, protracted, worsening mental disorders;
• epilepsy;
• pyoderma gangrenous;
• lung abscess;
• necrosis, gangrene of lung tissue;
• numerous skin lesions with tissue necrosis, numerous compartments;
• urethral fistula;
• intestinal fistula.

On a note! If one of the family members has such diseases, children are allocated space out of turn under a social tenancy agreement, which cannot be more than twice the minimum standard and cannot be below the established threshold.

Reader questions

Question 1: I heard that there is also a group of diseases that allows you to allocate a room, which can more than double the minimum threshold. What kind of illnesses are these?
Answer: The list of diseases for which disabled children are entitled to additional space above the norm: HIV, active tuberculosis, fistulas, purulent diseases, gangrene, chronic urinary incontinence.

Question 2: What documents are needed to allocate housing to disabled people?
Answer: the applicant’s passport (parent, adoptive parent), a copy of the house register, income certificates, documents on kinship, a copy of the cadastral plan and a paper confirming disability (ITU medical report).

Assistance for disabled children is paramount in the analysis and likelihood of providing housing to socially vulnerable groups. This is due to the fact that a disabled minor who is supported by his parents or relatives needs unique living conditions. Very often, people who fall into this group of people in need have physical limitations, as a result of which the fulfillment of their everyday needs is curtailed.

The law of the Russian Federation has invented a special system that allows families with disabled children to purchase housing. The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995.

Registration

The law does not have a degree, thanks to which disabled children can receive housing, only for certain groups. The only circumstance that may affect the nature and criterion for the allocation of assistance by the state is the period of time in which the applicant became registered. That is, beneficiaries are divided into those who registered before and after 01/01/2005.

Those families that support a disabled child, registered before the date indicated above, have the prerogative to receive funds from specially designated funds. The same applies to WWII veterans. Those who registered before 01/01/2005 have the right to purchase housing on social rental terms.

For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code. Without a queue, only those persons who suffer from a severe form of a chronic disease can receive it, part 2 of article No. 57 of the Housing Code.

Conditions for purchasing housing for disabled children

The provisions in order for a disabled person’s family to be recognized as falling under the category in need of improved housing conditions can be found by looking at Decrees of the Government of the Russian Federation No. 901. These Decrees are devoted to the problems of providing benefits to disabled people, as well as their families, with all the circumstances and conditions:

• If the family has a living area, the square footage is lower than the size of the area required for each of the family members;
• If a family lives in a premises not intended for housing - that is, if the premises in which they live does not meet technical and sanitary requirements;
• If other families live in the apartment or premises;
• If there is a disabled child in the family, there are other family members who suffer from some severe chronic disorders. That is, if it becomes impossible for a disabled child to live together with them;
• If disabled children live in the same room with persons and are not related to them;
• If the family is disabled, they live in a hostel. An exception may be only temporary housing in a hostel associated with seasonal work or study;
• If the family lives for a long time on the territory of the state fund under a rental agreement, or if the housing belongs to other persons.

Documents for obtaining housing

In order for a disabled child and his family to be provided with housing, they must urgently register as a disabled person who needs improved housing conditions. This registration is carried out by authorized employees from the local government body. The reason for this must be an application from the family, which is submitted at the place of residence.

The package of documents must have:

• Extract from the house register;
• Certificate of established disability;
• Special program with rehabilitation of a disabled child;
• Certificate confirming that a personal account has been opened;
• Documents that have any other circumstances (for example, medical certificates).

In order for the family of a disabled child to be able to apply for housing, the fact of disability and its causes must be recorded. The facts about the need for housing must also be confirmed. A medical social examination conducted by federal institutions will help establish these facts.

The legislation on these benefits does not provide for the submission of documents directly from the beneficiary. This can also be done by his representative. Or a person who has a power of attorney certified by a notary to submit all documents.

Standards

Standards for the number of required square meters must be established by the local government.