New law on social services. Understanding the new law on social services

Encyclopedia of Plants 13.10.2019

Regions can expand this list. For example, in the Moscow region there are 15 categories of citizens get free help in social centers for all eight services:

1. Citizens with an average per capita income of 1.5 living wages or less.

2. Representatives of children with disabilities

3. Minor children

4. Affected by emergencies and armed conflicts

5. Disabled combat

Also single disabled people, married couples and senior citizens from among:

1. Disabled people and participants in the Second World War

2. Spouses of the dead participants of the Great Patriotic War who did not remarry

3. Former juvenile prisoners of fascism

4. Awarded with the badge "Inhabitant of besieged Leningrad"

5. Awarded with the medal "For the Defense of Moscow"

6. Heroes of the Soviet Union

7. Heroes of the Russian Federation and full holders of the Order of Glory

8. Geroev Sots. Labor

9. Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory

10. Disabled fighting

1. Veterans of the Second World War and persons equated to them - 10% of the cost

2. Citizens with an average per capita income of one and a half to two times the subsistence minimum - 10% of the cost of social services provided

3. Citizens with an average per capita income of two to two and a half times the subsistence minimum - 20% of the cost of social services provided

4. Citizens with an average per capita income of two and a half to three times the subsistence minimum - 30% of the cost of social services

If you do not fall into these categories or your average per capita income is above the subsistence level, you will have to pay for the services.

Price for home and semi-permanent servicecalculated according to tariffs . The tariff should not exceed the difference of 50% between the average per capita income of a person and the maximum value of the average per capita income in the region.

The price for a hospital is calculated according to tariffs that do not exceed 75% of the average per capita income.

To understand how it works, here is an example.

Let's take a lonely pensioner from Moscow. He receives 30,000 rubles a month - this is his average per capita income.

The cost of living in Moscow is 15,382 rubles. Find out the minimum in your city on the regional website of the Department of Labor.

Multiply this figure by 1.5 living wages:1.5 × 15,385 = 23,073 rubles

The maximum size of the average per capita income of our pensioner is 23,073, which means that he will not be able to receive services for free.

To find out the tariff for home and semi-residential services, we will use the formula:
(30 000 income — 23 073 living wage ) x 50%maximum difference = 3,463 rubles

This is the maximum rate for services per month.

How to get a social service

Free and paid services provided differently. To get guaranteed services, you need to go through 5 stages:

1. Prepare documents

- Passport
– For a child under 14 years of age, a birth certificate and a certificate of residence
- Passport and power of attorney from a disabled person, if you represent his interests
- Extract from the house book
- Statement of income Last year
– A medical certificate of health, which indicates the category of disability or injury that limits the ability
– A certificate, certificate or certificate that confirms the right to social assistance, for example, a certificate of a participant in the Great Patriotic War

This is an incomplete list. Depending on the situation, they may require a certificate of release from prison, a court decision declaring a citizen incompetent, or other certificates. Call your local social security office and ask what documents are needed in your case.

2. Apply for Social Security where you live

3. Wait up to 7 days

Social services are provided targeted. This means that the commission considers whether you need services or not. Verification takes up to 7 business days. After that, you are either denied or assigned to an individual social service program.

4. Get an individual social services program

The law clearly spells out the principles, conditions and procedure for the provision, as well as the composition and content of social services.

The grounds for recognizing citizens in need of social services are determined. This is the presence of circumstances that worsen or may worsen the living conditions of a person. For example, partial or complete loss of the ability to self-service and / or movement; the presence in the family of a disabled person in need of constant outside care; intra-family conflicts; violence in family; homelessness of minors; lack of a fixed place of residence, work and livelihood.

The basis for the provision of social services may be a statement of both the citizen himself and his legal representative, other persons, bodies and public associations.

Particular emphasis is placed on the prevention of the need of citizens in social services. Social support is introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, and social assistance.

The principle of providing social services based on the individual need for social services is being consolidated. The latter can be provided in a hospital, semi-stationary conditions and at home. The development of an individual program for the provision of social services is envisaged.

In urgent cases, urgent social services can be provided (providing free food, clothing and basic necessities, assistance in obtaining temporary housing, legal and emergency psychological help and etc.).

According to the law, the payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.

Social services are provided free of charge to the following categories. In all forms - to minor children, as well as victims of emergencies and armed interethnic (interethnic) conflicts. Citizens whose average per capita income is below the established value can receive social services free of charge at home and in a semi-stationary form. The size of the maximum per capita income for the provision of social services free of charge will be determined by the regional authorities (but not less than 1.5 of the regional subsistence minimum).

The rights and obligations of providers and recipients of social services are spelled out, and a register of providers and a register of recipients is provided for.

Business will be involved in the provision of social services. Public control is introduced in the field of social services.

Social services for the population as one of the components of social support for the population is a line of activity of social services in the field of social support, for the provision of social, social, medical, psychological and pedagogical, as well as other types of services, for social adaptation and rehabilitation of citizens in difficult life situation.

Financial support for the activities of social service organizations that are under the jurisdiction of federal executive authorities, bodies state power subjects of the Russian Federation, is carried out at the expense of the relevant budget, as well as at the expense of the recipients of social services when providing social services for a fee (partial fee).

The law provides for the implementation of interdepartmental interaction in the provision of social services on the basis of regulations approved by state authorities of the constituent entities of the Russian Federation.

The effective functioning of the social service system is ensured through control (supervision) in the field of social services, including public control.

1. The subject of regulation is, as a rule, relations arising from the achievement of goals in a particular field of activity, i.e. in essence, the subject of regulation is legal relations, united by certain features that allow them to be distinguished into a separate group. The commented person regulates the legal relations arising from the provision of social services.

The commentator acts as the main source legal regulation relations in the field of social services, it is he who establishes the foundations of state policy in the field of social services. The legislator will single out three components of such a policy: legal, organizational and economic.

The legal framework is a set of rules of law governing the main issues in the field of social services. The task of the commentator is to establish the main legal "brackets", to create a legal foundation for building a system of social services. The concretization of legal norms is assigned to subordinate regulatory legal acts and regulatory legal acts of the constituent entities of the Russian Federation.

1) establishes the basic concepts used for legal regulation and the principles on which such regulation and the entire system of social services as a whole are based;

Organizational Foundations social services is, first of all, the establishment of the procedure for the provision of social services. The commentator determines the circle of persons who can act as providers of social services, and also cites the criteria by which citizens can be classified as a "recipient of social services." The procedure for the provision of social services is established, incl. rules for applying for such services. It is through the establishment of a circle of persons who can be social service organizations, the definition of their legal status, the bases for exercising control over the activities of such persons, as well as the requirements for the provision of social services, and the organizational role of the commented Law in the field of social services is being carried out.

In accordance with the Constitution of the Russian Federation, issues of social services are under joint jurisdiction Russian Federation and subjects of the Russian Federation. According to the Constitution of the Russian Federation, federal laws and laws and other normative legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Such a two-level system of legal regulation requires consistency, a clear delineation of powers between the constituent entities of the Russian Federation and the federal center. The commented Law, which establishes a list of powers of federal government bodies, incl. a special authorized executive body (Ministry of Labor of Russia), and a list of powers of state authorities of the constituent entities of the Russian Federation. The list of powers is established on the basis of law enforcement practice, expediency, and in order to create effective system social service. The lists of designated powers are open and can be supplemented if necessary.

The organization of a social service system is impossible without establishing the legal status of the main participants in the system - providers and recipients of social services. Commented in the relevant chapters establishes the rights and obligations of the above persons. Among the features of the commented Law, one can single out the requirement for informational openness of a social service provider, which is obliged to provide information about its activities in the public domain. This duty of the provider corresponds with the right of the recipient of social services to have access to such information. Information openness of the social service provider is one of the guaranteeing elements of the organization of independent public control over the quality of social services.

Recently entered into force new law on social services for the population. We have already talked about this (you can read it here: http://goo.gl/cZw7KI). But to understand in detail - what kind of law is this, what is new there and how is it now to live within the framework of this regulatory act? - without the help of qualified lawyers, oh, how not easy. More recently, specialists from the Garant information and legal portal prepared an analysis of the law. We gladly share this extremely useful information.

“On October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy with regard to senior citizens, Dmitry Medvedev, then president, took the initiative to prepare a new law on social services. "One of the tasks of today's Presidium of the State Council is to summarize and disseminate what is called the best regional practices. Moreover, it [the new law. - Ed.] can concern not only the elderly, but the entire population of our country," the politician said then.
And such a law was adopted, and already on January 1, 2015 it entered into force (Federal Law of December 28, 2013 No. 442-FZ "On the Basics of Social Services for Citizens in the Russian Federation" (hereinafter referred to as the new law). most of acts previously regulating the social services of citizens, has lost force. In particular, Federal Law No. 195-FZ of December 10, 1995 “On the Fundamentals of Social Services for the Population in the Russian Federation” (hereinafter referred to as the “old law”) and Federal Law No. 122-FZ of August 2, 1995 “On Social services for the elderly and the disabled."
Consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

1. The concept of "recipient of social services" has been introduced.
On January 1, the term "social service client" disappeared from the legislation, instead of which the concept of "recipient of social services" was introduced. A citizen may be recognized as a recipient of social services if he is in need of social services and he is provided with a social service.
A citizen is recognized as needing social services if at least one of the following circumstances exists:
- full or partial loss of the ability to self-service, independent movement, provision of basic necessities of life due to illness, injury, age or disability;
- the presence in the family of a disabled person or disabled people in need of constant outside care;
- the presence of a child or children experiencing difficulties in social adaptation;
- the impossibility of providing care for a disabled person, a child, children, as well as the lack of care for them;
- domestic violence or intra-family conflict, including with persons with drug or alcohol addiction, gambling addiction, persons or suffering from mental disorders;
- lack of a fixed place of residence;
- lack of work and livelihood;
- the presence of other circumstances that are recognized at the regional level as worsening or capable of worsening the living conditions of citizens.
Now information about recipients of social services is entered into a special register. It is formed by the subjects of the federation on the basis of data provided by social service providers.
Until January 1, 2015, social services were provided to citizens in difficult life situations - the new law does not contain such a term, which makes the list of grounds for receiving assistance more unambiguous. The old law was understood as difficult life situation a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. Usually, this meant disability, inability to self-care due to old age, illness, orphanhood, neglect, low income, unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness, etc.
OPINION

"In order for the new law to work, each region must adopt 27 normative documents. We have monitored the readiness of the regions to adopt a new law. By mid-December 2014, only 20 regions had adopted all the necessary regulatory framework, 20 regions had adopted less than half, and the rest about half. Every day we try to do everything possible to speed up the adoption of the necessary documents by the regions."

2. A social service provider has been identified.
The social service provider is entity regardless of its organizational and legal form and (or) individual entrepreneur providing social services. Previously, there was no such concept, although in fact social services were provided by regional state enterprises and social service institutions, as well as enterprises and institutions of other forms of ownership and individual entrepreneurs.

3. The list of types of social services has been expanded
The new law changed the approach to the content of the list of social services provided. Until December 31, 2014, citizens could receive material and advisory assistance, temporary shelter, social services at home and in stationary institutions, and also had the right to day stay in institutions of social service and rehabilitation.
After the entry into force of the new law, citizens can count on the provision of the following types of social services:
- social and domestic;
- socio-medical;
- socio-psychological;
- socio-pedagogical;
- social and labor;
- social and legal;
- services to increase the communicative potential of recipients of social services with disabilities;
- urgent social services.
Urgent social services include the provision of free hot meals or food packages, clothing, shoes and other essentials, assistance in obtaining temporary housing, legal and emergency psychological assistance, and other urgent social services. A citizen can count on receiving such services within the time frame determined by his need. At the same time, since January 1 of this year, citizens have lost the opportunity to receive financial assistance as Money, fuel, special Vehicle, as well as rehabilitation services that they could have received earlier (Article 8 of the old law).

4. The procedure for calculating fees for receiving social services has been established.
As before, social services can be provided free of charge or for a fee. From January 1, 2015, the following can count on the provision of free social services:
- minors;
- persons affected by emergencies, armed interethnic (interethnic) conflicts;
- persons with an income equal to or lower than the average per capita income established by the region for the provision of social services free of charge (when receiving social services at home and in a semi-stationary form). At the same time, the amount of such income cannot be lower than one and a half times the regional subsistence minimum.
In addition, the subjects of the federation may provide for other categories of citizens to whom social services are provided free of charge.
As you can see, unemployed citizens are excluded from the number of persons entitled to free social services (if such a category of citizens is not provided for by the law of the subject of the federation).
Previously, in order to receive free social services for single citizens, the sick, pensioners and the disabled, they had to have an average per capita income below the regional subsistence level. Consider an example. Suppose the subsistence minimum for pensioners was 6804 rubles. This means that before January 1, for example, a single pensioner with an income of less than 6804 rubles could apply for a free social service. per month. After the entry into force of the new law, the amount of income that allows you to get the right to free social services cannot be lower than one and a half times the regional subsistence minimum. Now, in order to receive a free social service, other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles).
For those who are not entitled to receive free social services, a fee is set for their provision. Its amount for home and semi-stationary services is now calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of a social service recipient and the maximum per capita income established by the region. The amount of the monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of a recipient of social services.

5. The procedure for receiving social services has been changed.
From the beginning of the current year, in order to receive social services, a citizen must submit an application. Previously, social services were provided on the basis of an appeal - including oral - of a citizen, his guardian, trustee, other legal representative, public authority, local self-government, public association. An application for social services can be written by the citizen himself, his representative or another person (body) in his interests. You can also apply by sending electronic document which was not provided for in the previous law.
An individual program for the provision of social services is drawn up with each recipient of social services. It indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support activities. This program is mandatory for the provider of social services and advisory for the citizen himself. In other words, the beneficiary may refuse some service, but the provider is obliged to provide it at the beneficiary's request.
A program is drawn up within no more than 10 working days from the date of filing an application for the provision of social services, and is reviewed at least once every three years. Urgent social services are provided without drawing up an individual program. Previously, such programs were not provided.
After drawing up an individual program and choosing a provider of social services, a citizen must conclude an agreement with the provider on the provision of social services. The agreement must contain certain provisions individual program, as well as the cost of social services if they are provided for a fee.
OPINION
Galina Karelova, Deputy Chairman of the Federation Council:
"The new law will increase the number of citizens who can apply for free social services. In addition, the quality, volume and efficiency of their provision will change. Previously, social services were provided on the basis of a group approach. However, all citizens have different needs, income, housing conditions. Starting January 1, 2015, contracts with consumers of social services social programs which take into account all the individual characteristics of each consumer.

6. The organization of social services is defined.
Interestingly, the new law spells out obvious things at first glance: social service providers do not have the right to restrict the rights of recipients of social services; use insults, rude treatment; to place children with disabilities who do not suffer from mental disorders in stationary institutions intended for children with disabilities who suffer from mental disorders, and vice versa. However, it was still worth emphasizing such prohibitions. For example, numerous cases of placement in Russia of healthy children in organizations for disabled children suffering from mental disorders were noted in a report by the international human rights organization Human Rights Watch in 2014.
Fundamentally new is the approach to financing social services. According to the old law, social services were provided to citizens at the expense of the budgets of the subjects of the federation. In this regard, depending on the region, the volume of social assistance provided varied greatly. Since January 1, 2015, social services have been financed from the federal budget, charitable contributions and donations, own funds citizens (when providing social services for a fee), income from entrepreneurial and other income-generating activities carried out by social service organizations, as well as other sources not prohibited by law. It is assumed that this innovation will help to equalize the volume of social services provided in different regions.

But there is also a "fly in the ointment" in the new rules. Thus, the new law does not establish any requirements for the staffing of social services. Let us recall that earlier only specialists with professional education corresponding to the requirements and nature of the work performed, experience in the field of social services, and inclined in their personal qualities to provide social services.
Based on the materials of the IPP "Garant" http://www.garant.ru/article/604320/#ixzz3QXjQdTCj

2. Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, as of the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is lower than limit value or equal to the limit value of the average per capita income for the provision of social services free of charge, established by the law of the subject of the Russian Federation.

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.

5. The size of the maximum value of the average per capita income for the provision of social services is established free of charge by the laws of the subject of the Russian Federation and cannot be lower than one and a half of the subsistence minimum established in the subject of the Russian Federation for the main socio-demographic groups of the population.

Judicial practice under article 31 of the Federal Law of December 28, 2013 No. 442-FZ

Decision No. 2-1175/2018 dated September 21, 2018 in case No. 2-870/2017~M-887/2017

It is calculated on the basis of tariffs for social services, but cannot exceed 75 percent of the average per capita income of a recipient of social services, calculated in accordance with Part 4 of Article 31 of this federal law. Norms similar to the provisions of part 4 of article 32 of the Federal Law of December 28, 2013 No. 442-FZ are contained in part 4 of article 7 of the Law of the Krasnodar ...

Decision No. 2-2231/2018 2-2231/2018~M-1992/2018 M-1992/2018 of July 18, 2018 in case No. 2-2231/2018

Its provision in accordance with this federal law cannot be higher than the amount of payment for the provision of relevant social services to these persons, established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened in comparison with the conditions established as of December 31, 2014. Article 19 ...

Decision No. 2-1568/2018 2-1568/2018~M-919/2018 M-919/2018 dated July 11, 2018 in case No. 2-1568/2018

Central District Court of Tolyatti (Samara Region) - Civil and administrative

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form. In accordance with Part 1 of Art. 31 of the Federal Law of December 28, 2013 No. 442-FZ, social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge: 1) ...

Decision No. 2-1061/2018 2-1061/2018 ~ M-438/2018 M-438/2018 dated June 19, 2018 in case No. 2-1061/2018

Bezhitsky district court of Bryansk (Bryansk region) - Civil and administrative

Bryansk Boarding Home for the Elderly and Disabled”, the earlier legal relationship for the provision of social services to the defendant by the plaintiff was terminated, since the agreement on the provision of social services has become invalid 31 . 12.2017. In addition, during the time of residence in the boarding school, the defendant systematically violated the internal regulations, was rude and insulted employees and residents. Based on the provisions of Articles 309, 310, ...

Decision No. 2-664/2018 2-664/2018 ~ M-586/2018 M-586/2018 dated June 5, 2018 in case No. 2-664/2018

Leningradsky District Court ( Krasnodar region) - Civil and administrative

The amount of which is calculated on the basis of tariffs for social services and cannot exceed seventy-five percent of the average per capita income of a recipient of social services. In part 4 of Art. 31 of Law No. 442-FZ of December 28, 2013 states that the procedure for determining the average per capita income for the provision of social services is established free of charge by the Government of the Russian Federation. According to the rules...