Benefits for Chernobyl parents: what's new. Benefits for those living in the Chernobyl zone Children and grandchildren of the liquidators of the disaster at the Chernobyl nuclear power plant are entitled to a monthly cash payment and a set of social services
Despite the fact that the accident at the Chernobyl nuclear power plant occurred more than 30 years ago, its consequences are noticeable - this is seriously damaged health for the participants in the liquidation of the accident, living in the disaster zone and their children. Also in the history of the USSR there were other man-made accidents associated with radiation. Victims of these accidents are entitled to an extensive list of benefits and payments.
In the history of the USSR there were major man-made disasters, some of which led to radioactive contamination of the area and harmed a huge number of people. The saddest disaster - The Chernobyl accident, which occurred on April 26, 1986. But there were also other accidents. So, on September 29, 1957 there was "Kyshtym accident"– a catastrophic situation at the Mayak chemical plant (closed city of Chelyabinsk-40, currently Ozersk). A container containing radioactive waste exploded. However, since 1948, radioactive waste merged into the Techa River. In addition, since 1949, the Soviet authorities conducted nuclear tests at the Semipalatinsk test site (now the territory of Kazakhstan). Due to imperfect technology, the territory became contaminated, and military personnel, test site workers, and residents of surrounding communities are still feeling the negative health consequences.
To ensure social protection of victims, the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” was adopted. The provisions of this law also apply to victims of other man-made disasters with radiation contamination.
The general list of citizens who are federal beneficiaries according to the law is as follows:
- Victims of the Chernobyl disaster:
- those who were exposed to radiation and suffered radiation sickness, as well as other diseases due to exposure to radiation as a result of the Chernobyl disaster or during work to eliminate this disaster;
- those who received disabilities due to the Chernobyl disaster, including those who participated in the liquidation of the consequences; evacuees from exclusion and resettlement zones; those who received disabilities due to bone marrow donation to save victims of the Chernobyl nuclear power plant;
- those who participated in the work to eliminate the consequences of the Chernobyl disaster in 1986-1987; those who served in the exclusion zone, worked at the Shelter facility, doctors who received excess doses of radiation;
- those employed at work in the exclusion zone, permanently residing or working in the territory of the resettlement zone, residence zones with preferential socio-economic status, employed at work in the resettlement zone;
- those who voluntarily moved to a new place of residence from the resettlement zone after 1986;
- military personnel, employees of internal affairs bodies, the Ministry of Emergency Situations, who served or are undergoing military service in exclusion zones, resettlement zones or zones with preferential socio-economic status;
- Victims as a result of radiation contamination at Mayak PA:
- those who took part in the liquidation of the consequences of the accident at the Mayak Production Association and in carrying out protective work along the Techa River in 1949-1962;
- evacuees or those who voluntarily left populated areas that were exposed to radioactive contamination due to the accident at Mayak and the dumping of radioactive waste into the Techa River;
- who lived in 1949-1956 in settlements that were exposed to radioactive contamination due to the dumping of waste into the Techa River;
- living in settlements that were exposed to radioactive contamination due to the accident at Mayak and the discharge of radioactive waste into the Techa River;
- Those who lived in 1949-1953 in settlements exposed to radiation contamination as a result of tests at the Semipalatinsk test site.
The list of settlements affected by the Chernobyl accident is revised every 5 years, since the radiation situation is variable.
According to the Decree of the Government of the Russian Federation No. 1074 “On approval of the list of settlements located in the zone of radioactive contamination due to the Chernobyl disaster,” several settlements of the Bryansk region are included in the exclusion zone; to the resettlement zone - some settlements of the Bryansk, Oryol, Tula and Kaluga regions; settlements of several other subjects of the Russian Federation belong to the zone of residence that has a preferential economic status.
What benefits are provided by law?
Cash payments and pension preferences
Victims of the Chernobyl accident and other man-made disasters are entitled to several types of payments:
- monthly cash payment (MCP), as well as receiving a set of social services;
- disability pension (if the victim has a disability);
- social or insurance pension.
The monthly cash payment is assigned by the Pension Fund of the Russian Federation, its size is indexed every year and is unchanged for all subjects of the Russian Federation. Data on the amounts of EDV and categories of recipients is in the table.
| Categories | Amount, rubles |
|---|---|
| — disabled people due to the Chernobyl accident; — liquidators of the consequences of the Chernobyl accident; — disabled children due to the Chernobyl accident; - disabled people due to occupational diseases. associated with radiation exposure; — those who became disabled due to an accident at the Mayak Production Association; — aimed at eliminating the consequences of the accident at the Mayak Production Association in 1957-1958 |
2 590,24 |
| — those who received radiation sickness due to the Chernobyl accident; — liquidators of the consequences of the Chernobyl accident in 1988-90; — evacuated in 1986 from the exclusion zone; — children suffering from illnesses due to the Chernobyl accident; — those who received occupational diseases due to radiation exposure; — those who received a total effective radiation dose of more than 25 cSv (rem) — those who received radiation sickness due to the accident at the Mayak Production Association; — aimed at eliminating the consequences of the accident at the Mayak Production Association in 1959-1961; — evacuees and those leaving the pollution zone (PO Mayak and the Techa River) |
2 073,51 |
| - children under 18 years of age, children of 1st and 2nd generations living in the infected area; - children of the 1st and 2nd generations suffering from diseases due to exposure to radiation on their parents |
1 295,13 |
| - children under 18 years of age living in an area with preferential socio-economic status | 778,41 |
| — those who received a total effective radiation dose of 5 to 25 cSv (rem); - children under 18 years of age, children of 1st and 2nd generations, effective radiation dose over 5 cSv |
649,23 |
| — living or working in residential areas with the right to resettle; with preferential socio-economic status; in the resettlement zone; — living in populated areas where the radiation dose is more than 1 mSv (0.1 rem) |
518,37 |
According to the law, all EDV recipients have the right to receive a set of social services (NSS), which includes:
- provision of medications according to a doctor's prescription and within the standards of medical care;
- payment for sanatorium treatment according to doctor’s prescriptions;
- free travel to the place of sanatorium treatment.
NSS can be received both in kind and in cash. Initially, the conditions for receiving social services for “Chernobyl victims” differ from other categories - the approved amounts of EDV already take into account the receipt of the package in cash.
If the beneficiary wishes to receive free medicines, sanatorium treatment and free travel to him, he submits a corresponding application, but in this case, the cost of a set of social services is deducted from the amount of EDV (in 2018, the amount is 1075.19 rubles).
In addition to the right to receive a monthly cash payment and a set of social services, victims of the Chernobyl accident have the opportunity to receive an insurance pension early. However, the conditions for retirement depend on the category of the beneficiary. To do this, the following conditions must be met:
- insurance experience of at least 5 years;
- at least 30 pension points.
- age is not less than a certain age.
The age for old age pension is decreasing for 10 years for those who were evacuated from the exclusion zone, participated in the liquidation of the accident or worked at the station; for 8 years - for those who were evacuated from the adjacent territory, worked at the scene of the accident for 2 weeks in 1987; for 5 years - for those who worked at the accident site for up to 5 days, worked in construction or sanitation in 1986; for 4 years - for those who worked or lived in the resettlement zone before 1993 for at least 2 years.
It is important that the increase in the retirement age, which began in 2018, will not affect victims of the Chernobyl disaster.
If the beneficiary does not have insurance experience or it is not enough to apply for an insurance pension, he is still entitled to increased payments– increased social pensions are provided for “Chernobyl victims”:
- 250% of social pension– liquidators, disabled people of groups 1 and 2, children who lost both parents as a result of the accident (24,799.32 rubles);
- 200% of social pension– for those living in the exclusion zone (9919.70 rubles);
- 125% social pension– disabled people of group 3, relatives of the deceased (5269.88 rubles).
For all pension payments - both social pensions and insurance pensions, if necessary, an additional payment is made up to the minimum subsistence level in a particular region.
At the regional level, some categories of “Chernobyl” beneficiaries are entitled to an annual additional payment for health improvement. However, its size is small and ranges from 100 to 300 rubles.
Housing from the state
Certain categories of beneficiaries have the right to improve their living conditions through housing subsidies from the federal budget. Thus, according to Decree of the Government of the Russian Federation dated March 21, 2006 N 153, citizens registered as in need of improved housing conditions who were exposed to radiation due to accidents at the Chernobyl Nuclear Power Plant and the Mayak PA have the right to be provided with housing.
The conditions for the allocation of housing subsidies do not differ from other similar categories: the subsidy is allocated based on the standard area for each recipient and the average price per square meter of living space in each specific region.
The subsidy can be used for the following purposes:
- purchase housing;
- pay for the construction of residential real estate;
- make a down payment on a mortgage loan;
- repay part of a previously obtained mortgage loan.
For housing subsidy recipients, conditions are imposed, for example, they have there should be no other living space, if there is a social tenancy agreement, it is terminated, and if there is another residential premises, it is transferred to state ownership.
Benefits for utilities
For beneficiaries who have become ill as a result of exposure to radiation or become disabled, discounts on utility bills are offered. The set of benefits covers 50% of the following basic housing and communal services expenses:
- payment for rental and maintenance of living space (payment under lease agreements, monthly payments to the management company);
- contributions for capital repairs of apartment buildings, both for beneficiaries themselves and for members of their families;
- payment for water supply, sewerage, electricity - according to meter readings or according to consumption standards;
- the cost of purchased fuel in accordance with the standards and the cost of its transportation (if the housing does not have centralized heating).
Benefits for paying for housing and communal services apply not only to the victims of accidents themselves, but also to family members who have lost their breadwinner as a result of disasters.
Fringe benefits
In addition to the considered cash payments, housing subsidies and utility benefits, victims of the Chernobyl accident and Mayak PA have other preferences:
- when the employer reduces staff - an advantage over other employees (regardless of length of service);
- when transferred to another job (less paid) due to health reasons - additional payment up to the previous salary level;
- the ability to use the main leave at any convenient time, additional paid leave for up to 14 days;
- temporary disability benefits are paid in the amount of 100% of wages;
- priority service in social institutions, priority admission to cooperatives, priority right to purchase a summer house;
- provision of a land plot for housing construction out of turn (for those who have the right to do so);
- extraordinary provision of medical services, the opportunity to be served in those medical institutions to which the beneficiary was assigned before retirement;
- providing children with places in kindergartens, schools, sanatoriums out of turn, paying for their meals;
- upon resettlement from contaminated areas - an extraordinary right to find employment in a new place;
- the right of preferential admission to nursing homes and veterans' boarding houses.
Additionally, each region of Russia can establish its own additional benefits and compensation, for example, free travel on public transport. To clarify the list of benefits, you should contact the social protection department at your place of residence.
Registration procedure and required documents
In order to take advantage of the benefits and payments due, you must first obtain the appropriate certificate:
- a uniform certificate for citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant;
- certificate for citizens exposed to radiation as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River.
To obtain a certificate you need to contact to the department of social protection of the population in the administration at the place of residence of the beneficiary. You will need to provide the following documents:
| 1 | passport or other identification document; | |
| 2 | documents confirming the applicant’s right to receive status. This could be certificates of residence in a contaminated area, a military ID with a record of service in places where radioactive substances were released, a work book with a corresponding record, etc.; | |
| 3 | for those applying for a survivor's pension - documents confirming the relationship between the radiation victim and the applicant. |
The certificate is issued no more than 10 days from the date of receipt of documents. After receiving a certificate, benefits are provided on its basis.
In order to receive the benefits and payments due, you need to contact the relevant authority, fill out an application, provide a preferential certificate and documents according to the approved list. For example, to apply for a housing subsidy, you need to contact the social protection department, MFC or housing subsidy center. You will need to provide the following documents:
| 1 | applicant's passport; | |
| 2 |  |
application in the prescribed form; |
| 3 |  |
“Chernobyl” certificate; |
| 4 | information about family members – marriage certificate, birth certificates of children; | |
| 5 |  |
certificate of family composition; |
| 6 | documents confirming the ownership of housing (if available); | |
| 7 |  |
other documents if necessary. |
The procedure and list of required documents may change from time to time, so it is worth checking all the necessary information with the social protection department.
Latest changes in legislation
In April 2018, the A Just Russia party introduced bills regarding raising social standards for participants in the liquidation of the Chernobyl accident. In particular, it was proposed to provide benefits and compensation for housing and communal services expenses for residents of any housing, and not just in state, municipal or privatized housing stock. This is aimed primarily at those who have purchased home ownership in recent years. It is also proposed to set a memorable date (the day of liquidation participants) on November 30 of each year.
In May 2018, the Federal Law “On Amendments to Article 4 of the Law of the Russian Federation “On Social Protection of Citizens Exposed to Radiation Due to the Chernobyl Nuclear Power Plant Disaster” was adopted. According to the law, social support measures provided for children are provided to children regardless of their place of birth.
By Decree of the Government of the Russian Federation dated January 26, 2018 No. 74 “On approval of the indexation coefficient for payments, benefits and compensation in 2018,” payments to victims of radiation accidents were indexed. For 2018, the indexation coefficient is set at 1.025.
Features of registration and receipt of benefits
Legislation in the field of social protection of victims of the Chernobyl accident and other man-made disasters is sufficient clearly regulates the procedure for assigning the status of “Chernobyl” and provision of benefits and payments. However, a significant part of the benefits is established at the regional level, so recipients sometimes encounter problematic situations.
Since the Chernobyl accident occurred before the collapse of the USSR, the liquidators of the consequences of the accident subsequently received different citizenships. However, Russian social security authorities sometimes unreasonably deny relatives of deceased accident liquidators due to the fact that at the time of death they could have a citizenship other than the USSR and the Russian Federation. Such refusals are illegal, since social support measures, according to the law, apply to the families of deceased liquidators of the accident, without specifying the mandatory presence of a certain citizenship.
However, some refusals are quite justified. For example, compensation or benefits for housing and communal services are awarded directly to the participant in the liquidation of the consequences of the Chernobyl accident. If his widow or other relatives apply for benefits, they will be refused on full grounds.
Among the currently unresolved problems is the refusal to provide benefits for housing and communal services for residents of purchased residential real estate. According to current legislation, only residents of state, municipal and privatized housing receive such benefits. There are prospects that the State Duma will soon vote for the corresponding bill and the problem will disappear.
Support for citizens affected by this accident is provided in accordance with the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” and the Federal Law “On the social protection of citizens exposed to radiation as a result of the accident in 1957 at a production association "Mayak" and the discharge of radioactive waste into the Techa River."
According to the constituent entities of the Russian Federation, as of January 1, 2016, social support measures cover more than 1.5 million citizens exposed to radiation.
Of these, 1,436,317 citizens living in territories contaminated as a result of the Chernobyl disaster and the Mayak accident, 105,409 citizens who took part in eliminating the consequences of the Chernobyl disaster (including 46,250 disabled people) fall under the social protection measures established by these laws due to exposure to radiation, including 866 disabled people due to the Mayak accident), and 5,184 families who lost their breadwinner.
In total, the minimum amount of payments to Chernobyl victims from the federal budget, depending on the disability group, ranges from 13 to 43 thousand rubles monthly, excluding old-age insurance pensions.
For information:
Currently, people with disabilities due to the Chernobyl disaster are provided, in particular, with the following compensation and social support measures:
1. Monthly monetary compensation to compensate for damage caused to health by radiation exposure as a result of the Chernobyl disaster.
- disabled people of group I - 17,481.92 rubles;
- disabled people of group II - 8,740.97 rubles;
- disabled people of group III - RUB 3,496.37.
At the same time, for citizens whose amount of compensation for harm is established by decisions of judicial authorities, the amount of monthly monetary compensation is above average. Thus, 612 disabled Chernobyl victims receive this payment in the amount of more than 100 thousand rubles monthly on the basis of court decisions.
2. Monthly cash payment.
Monthly cash payments to disabled people due to the Chernobyl disaster, unlike other categories of disabled people, are carried out on two legal grounds - according to Article 27.1 of the Law of the Russian Federation “On the social protection of citizens exposed to radiation due to the disaster at the Chernobyl Nuclear Power Plant” and Article 28.1. Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.
In accordance with Article 27.1 of the Law, this payment is monthly 2,397.59 rubles.
In accordance with Article 28.1 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”:
- disabled people of group 1 - 3,357.23 rubles;
- disabled people of group 2 - 2,397.59 rubles;
- disabled people of group 3 - 1,919.30 rubles.
3. Monthly cash compensation for the purchase of food products.
Currently the compensation is 836.1 rubles.
4. Increased disability pension.
Currently, the amount of disability pension due to the Chernobyl disaster is:
- disabled person of the 1st group - 18,461.80 rubles;
- disabled person of the 2nd group - 9,230.88 rubles;
- disabled person of the 3rd group - 4,615.44 rubles.
Thus, the minimum amount of monthly payments from the federal budget, excluding old-age insurance pensions, is monthly for disabled Chernobyl victims:
- 1 group - 42,534.64 rubles;
- 2 groups - 23,603.13 rubles;
- 3 groups - 13,264.80 rub.
In addition, these citizens are provided with annual and one-time payments, as well as social support measures in terms of paying for housing and utilities, providing additional paid leave of 14 calendar days, and providing living space for those in need of improved housing conditions.
According to the federal law “On State Social Assistance,” disabled Chernobyl victims can apply for the provision, in exchange for part of the monthly cash payment, of a set of social services (social services), including: provision of necessary medications according to prescriptions, as well as specialized medical nutrition products for disabled children ; provision, if there are medical indications, of a voucher for sanatorium-resort treatment carried out for the purpose of preventing major diseases; free travel on suburban railway transport, as well as on intercity transport to and from the place of treatment.
From July 1, the procedure for calculating child benefits for citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant has changed. In particular, employers do not have the obligation to pay double benefits for the period of parental leave for up to three years. Instead, a payment in a fixed amount has been introduced, which can be obtained from the social security authorities. 1C experts comment on the new provisions.
New rules for paying benefits to children of Chernobyl victims
At the end of 2015, Federal Law No. 388-FZ dated December 29, 2015 “On amendments to certain legislative acts of the Russian Federation regarding accounting and improvement of the provision of social support measures based on the obligation to comply with the principle of targeting and application of need criteria” was adopted (hereinafter referred to as Law No. 388-FZ), certain provisions of which have been in effect since July 1, 2016. Innovations concern social protection measures for citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant. Such measures include various types of compensation and benefits. Some of them are provided by social security authorities, and some are provided by employers (in relation to working citizens). Let's review the most important amendments affecting employers.Cheat sheet on the article from the editors of BUKH.1S for those who do not have time
1. Until July 1, 2016, for the provision of social guarantees, the length of residence in the “Chernobyl” zones did not matter.
2. From 07/01/2016, citizens who permanently live (work) in contaminated areas for a certain time (1-4 years) immediately before the appointment of maternity leave or child care benefits are entitled to “Chernobyl” social support measures .
3. The list of settlements included in the “Chernobyl” zones is revised at least once every five years by the Government of the Russian Federation.
4. A special algorithm has been developed for calculating the time of residence (work) in these areas in the event of a revision of their boundaries.
5. Such conditions were introduced to stop the practice of registering citizens immediately before the start of maternity or child care leave in order to receive social privileges.
6. Double child care benefits for Chernobyl survivors have been abolished, and fixed payments have been established instead of benefits.
7. From 07/01/2016, individuals must apply for a monthly payment to the social security authorities at their place of residence or place of work (previously the benefit was assigned by the employer).
Responsibilities of employers
Until 07/01/2016, the employer’s responsibilities included (clause 6, 7, part 1, article 18 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”, hereinafter referred to as Law No. 1244-1):
- provide extended prenatal leave for pregnancy and childbirth lasting 90 calendar days;
- pay double the monthly child care allowance until the child reaches the age of three.
- in the resettlement zone before their relocation to other areas;
- on the territory of the residence zone with the right to resettle (except for prenatal leave of longer duration);
- in the area of residence with preferential socio-economic status.
The length of residence in such areas did not previously matter for the provision of social guarantees.
The amendments stipulate that citizens who permanently reside (work) in contaminated areas for a certain time immediately before the appointment of maternity leave or child care benefits are entitled to the listed social support measures (Clause 1, Article 2 of Law No. 388 -FZ).
The period of residence (work) of citizens must be in the zone:
- resettlement - at least 1 year;
- residence with the right to move out - at least 3 years;
- residence with preferential socio-economic status - at least 4 years.
- preferential socio-economic status is considered for 3 months of living (working) in the resettlement zone;
- the right to resettlement is considered for 4 months of residence (work) in the resettlement zone;
- preferential socio-economic status is considered for 9 months of residence (work) in the residence zone with the right to resettle.
Another important innovation is the abolition of double child care benefits for children under three years of age. Employers calculated this benefit based on the average earnings of the insured person for the billing period. The rules for its provision are approved by Decree of the Government of the Russian Federation dated July 16, 2005 No. 439 (hereinafter referred to as Rules No. 439).
Law No. 388-FZ, instead of the specified benefit, establishes a monthly payment in a fixed amount (clause 2 of Article 2 of Law No. 388-FZ):
- until the child reaches the age of one and a half years - in the amount of 3,000 rubles;
- for a child aged from one and a half to three years - in the amount of 6,000 rubles;
From 07/01/2016, individuals must apply to the social security authorities at their place of residence or place of work for monthly payments.
Accordingly, employers no longer have to create lists with information about the insured person (who is assigned a double benefit), his child, and the amount of the childcare benefit. Let us recall that in accordance with paragraph 7-7.1 of Rules No. 439, such lists of organizations were submitted to the social protection authorities every month.
At the moment, no changes have been made to the current Rules No. 439 to abolish this obligation. However, we believe that this will be implemented in the near future.
Transitional provisions
Changes in the procedure for providing extended prenatal leave and assigning monthly payments for child care came into force on July 1, 2016 (Article 2, Part 2, Article 9 of Law No. 388-FZ).At the same time, Law No. 388-FZ provides for the following transitional provisions for the implementation of the amendments (Parts 1, 2, Article 8 of Law No. 388-FZ).
If maternity leave and (or) leave to care for a child under three years of age began before 06/30/2016 (inclusive), then the previous provisions of Law No. 1244-1 apply, namely:
- the employer provides and pays for extended prenatal leave regardless of the length of stay (work) of the employee in the territory of the relevant locality included in the List of populated areas located within the boundaries of radioactive contamination zones;
- A child care allowance of double size (based on average earnings) is assigned and paid by the employer until the child reaches the age of three.
- the employer provides extended prenatal leave to the employee, provided that she permanently resides (works) in the territory of a particular zone during the period established by Article 4 of Law No. 1244-1 as amended;
- Child care benefits are assigned according to general rules.
During the period from one and a half to three years, the employer pays only monthly compensation - 50 rubles.
In the 1C:Enterprise 8 accounting programs, changes related to the procedure for calculating child benefits for citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster have been implemented. For deadlines, see “Monitoring changes in legislation.”
The procedure for receiving child benefits instead of double benefits
The rules for providing this payment were approved by the Government of the Russian Federation by Resolution No. 588 dated June 28, 2016 (hereinafter referred to as Rules No. 588).According to paragraph 7 of Rule No. 588, for a monthly payment in a fixed amount (3,000 rubles and 6,000 rubles), individuals must contact the social security authorities at their place of residence or place of work. If a citizen simultaneously lives and works in the territory of a radioactive contamination zone (their list is approved by Decree of the Government of the Russian Federation of October 8, 2015 No. 1074), then the application is submitted to the social security authority at the place of residence. The documents required for submission are named in paragraphs 8-11 of Rules No. 588. Among them (for working citizens) is a certified copy of the work book or employment contract, as well as a certificate from the employer indicating his location.
Within 10 working days from the moment an individual submits all the necessary documents, the social security authority must make a decision on the assignment of a payment (clause 14 of Rules No. 588).
Citizens are required to notify the social security authority about the following events within a month (clause 17 of Rules No. 588):
- death of a child before reaching three years of age;
- relocation of an individual or child to a new place of residence outside the pollution zones;
- dismissal from an organization located on the territory of a contamination zone, or change of location of the organization - moving to a new location outside the radioactive zone;
- change of place of residence or place of work within radioactive contamination zones. An application for suspension of payment is submitted to the social security authority at the previous place of residence (work), and an application for its resumption is submitted to the social security authority at the new place of residence (work) (clause 16 of Rules No. 588).
E.A. Shapoval, lawyer, PhD. n.
Benefits for Chernobyl parents: what's new
Commentary on changes in the terms of payment of child benefits to Chernobyl victims
Law of December 29, 2015 No. 388-FZ(hereinafter referred to as Law No. 388-FZ)From July 1, 2016, for parents who were Chernobyl survivors, the Art. 2, part 2 art. 9 of Law No. 388-FZ:
- conditions for granting extended maternity leave;
- the amount of the monthly allowance for child care up to 3 years old.
Benefits for Chernobyl victims are now conditional actual presence (residence and (or) work) in contaminated areas for a certain time and part 2, 4 tbsp. 4 of the Law of May 15, 1991 No. 1244-1, as amended, valid. from 07/01/2016 (hereinafter referred to as Law No. 1244-1).
Therefore, the provision of these benefits depends on where the employer or its structural unit in which the Chernobyl worker works is located, and when the right to the benefit arose.
Organizations (their structural divisions) are located in contaminated areas
From July 1, 2016 Chernobyl parents are entitled to benefits subject to the following conditions Art. 4, pp. 7-9 hours 1 tbsp. 13, clause 7, part 1, art. 18, part 1 art. 19 of Law No. 1244-1.
* Settlements located within the boundaries of such territories are indicated in a special government List approved Government Decree No. 1074 dated 08.10.2015.
These benefits under the same conditions are now provided to residents living and (or) working in settlements exposed to radiation contamination as a result of the accident at the Mayak production association and the discharge of radioactive waste into the Techa River Art. 1 of the Law of November 26, 1998 No. 175-FZ.
During the period giving the right to a benefit, the following is counted:
- period of residence in contaminated areas, which is confirmed by a passport with a stamp of permanent registration at the place of residence in the locality indicated in the special government List. If a person with permanent registration in a contaminated territory worked outside such territory, as can be seen from the entries in the work book, then the time of such labor activity during the period of residence giving the right to the benefit is not counted;
- period of work in settlements specified in the special List. In this case, the stamp in the passport about the place of permanent registration does not matter. That is, in this case, it is important that the employer (or its structural unit) is located in the contaminated area.
When the boundaries of radioactive contamination zones change or in the event of a change of place of residence and (or) work within these zones, benefits are provided taking into account the time of permanent residence and (or) work in each type of zone. Recalculation is carried out in the following order Art. 4 of Law No. 1244-1:
Maternity leave
From July 1, 2016, the employer is obliged provide women with extended prenatal leave - 90 calendar days- only if the conditions regarding the period of residence and (or) work in contaminated areas are met pp. 7-9 hours 1 tbsp. 13, clause 6, part 1, art. 18, part 1 art. 20 Law No. 1244-1. Therefore, if a maternity leave certificate is issued to a woman for 160 calendar days (or 214 calendar days for a multiple pregnancy) clause 6, part 1, art. 18 Law No. 1244-1; Art. 255 Labor Code of the Russian Federation; pp. 46-47, 51 of the Order, approved. By Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n On or after 1 July 2016, you need to determine whether she lived and/or worked in these territories for the required number of years on the day before the start date of maternity leave.
If the term condition is met, then you take the woman’s application for leave and grant it Art. 255 Labor Code of the Russian Federation. The procedure for calculating benefits for these women is the same as for other workers. Art. 11, part 2-2.2 art. 13, parts 1-2, 3.1-5 art. 14 of Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ).
If it turns out that the condition regarding the period of residence or work is not met, then you need to ask the woman to re-issue a certificate of temporary incapacity for work, since it is impossible to pay for it due to the incorrectly specified period of maternity leave. clause 56 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated June 29, 2011 No. 624n.
But if maternity leave began before July 1, 2016, then extended maternity leave must be provided according to the old rules, that is, regardless of the period of residence and (or) work in contaminated areas x Part 1 Art. 8, part 2 art. 9 of Law No. 388-FZ. In this case, there is no need to additionally check the period of residence (work) in contaminated areas; it is enough that the woman works for you at the start of maternity leave.
Child care allowance
From July 1, 2016, the mother, father or other relative, as well as the child’s guardian Increased child care payments laid down only if there is a required period of residence and (or) work in contaminated areas x pp. 7-9 hours 1 tbsp. 13, clause 7, part 1, art. 18, part 1 art. 19, part 1 art. 20 Law No. 1244-1.
Previously, Chernobyl workers were paid a double monthly benefit until the child reached the age of 3 years (and not until the child reached one and a half years old, like other workers). clause 7, part 1, art. 18 of Law No. 1244-1 (as amended, valid until July 1, 2016).
The text of the draft Government Resolution can be found: Unified portal for posting legal informationFrom July 1, 2016, Chernobyl workers are paid the usual monthly care allowance until the child reaches the age of one and a half years. And along with this, they are entitled to a monthly payment for a child up to 3 years old pp. 7-9 hours 1 tbsp. 13, clause 7, part 1, art. 18, part 1 art. 19, part 1 art. 20 Law No. 1244-1; Part 5.1, 5.2 Art. 14 of Law No. 255-FZ:
- from the day the child is born until he reaches the age of one and a half years in addition to the benefits due to the employee at the expense of the Social Insurance Fund, a fixed amount of 3,000 rubles is now paid monthly;
- from one and a half to 3 years a flat sum of 6,000 rubles is paid.
According to the draft Government Resolution, monthly payments in a fixed amount will be made by social security authorities at the employee’s place of residence or work, and not by employers. After the publication of the Resolution, we will tell you what documents will need to be issued to employees in this regard.
CONCLUSION
If parental leave began or resumed after a break on July 1, 2016 and later, employees entitled to a monthly fixed payment for a child until the child reaches the age of 3 years, the employer pays only the usual allowance for child care up to one and a half years at the expense of FSS funds.
But if the care leave began no later than June 30, 2016, then, as before, a double benefit is paid until the child reaches 3 years of age. At the same time, care allowance until the child reaches the age of one and a half years is paid to the employee from the Social Insurance Fund, and from one and a half to 3 years - from the federal budget. Part 2 Art. 8, part 2 art. 9 of Law No. 388-FZ. The same applies to the situation when an employee interrupted care leave, and then no later than July 1, 2016, went on it again.
Do not forget that the cost of paying a double amount of child care benefits for children up to one and a half years old, although they are reimbursed from the Social Insurance Fund in full, the Fund then receives part of the amount in excess of the one-time benefit from the federal budget. Therefore, form 4-FSS Order of the FSS dated February 26, 2015 No. 59 you need to fill it out like this:
- Table 2 of Section I of Form 4-FSS reflects:
The entire amount of the benefit is in column 4 (line 9);
The amount in excess of the one-time benefit amount is in column 5;
- Table 5 of Section I of Form 4-FSS (line 3) reflects:
Number of benefit recipients;
The number of days for its payment;
Benefit amounts excluding amounts in excess of the one-time benefit amount.
The costs of paying childcare benefits for children from one and a half to three years old, addressed to Chernobyl victims, are reimbursed to the employer directly from the federal budget. Art. 5.1 of Law No. 1244-1; clause 9 of the Rules, approved. Government Decree No. 439 dated July 16, 2005. To do this, you need to submit monthly submissions to your territorial social protection authority. pp. 6-7(1) of the Rules, approved. Government Decree No. 439 dated July 16, 2005; Letter of the Ministry of Labor dated January 20, 2015 No. 13-7/10/B-253:
- lists of benefit recipients in free form, certified by the signature of the head of the organization, indicating:
Last name, first name, patronymic of the employee receiving child care benefits;
Date, month, year of birth of the child;
Amount of benefit;
Details of your organization for transferring funds;
- extracts from orders for provision of parental leave for children up to 3 years old, certified by the seal of the organization.
In the case of working part-time during parental leave until the child reaches the age of 3 years, along with the salary, Chernobyl survivors are entitled to a monthly child care allowance in the above amounts x Art. 256 Labor Code of the Russian Federation.
Organizations (their structural divisions) are not located in contaminated areas
We are talking about workers who have a stamp in their passport indicating permanent registration at the place of residence in the locality specified in the List, but they work and temporarily reside outside the contaminated territories clause 5 Explanations (appendix to the Order of the Ministry of Health and Social Development dated December 1, 2008 No. 692n).
Then it all depends on when the employee’s right to benefits arose, that is, when maternity leave began or parental leave began (or resumed).
Maternity leave
If maternity leave has begun:
- <или>On July 1, 2016 and later, the woman is not entitled to extended leave. Therefore, if she presents sick leave for 160 calendar days (or 214 calendar days in the case of a multiple pregnancy), then ask her to re-issue the sick leave, since you do not have the right to pay for the period of maternity leave indicated in it, A No. 388-FZ No. 1244-1;
- <или>until June 30, 2016 inclusive, then the benefit is paid until the child reaches the age of 3 years in double size, provided at the expense of the Social Insurance Fund, that is, according to the old rules Part 1 Art. 8, part 2 art. 9 of Law No. 388-FZ.
The costs of paying double child care benefits are reflected in Form 4-FSS in the manner that we described on.
CONCLUSION
If the employee’s right to a benefit arose on July 1, 2016 and later, and the person works in a locality not specified in the List, then it is impossible to provide him with a benefit at the place of work, since immediately before the vacation he did not actually live in the contaminated areas.
And if an employee replaces maternity leave before its end with parental leave before July 1, 2016, will he retain the right to receive child care benefits in the previous double amount according to the old rules? This is only possible in one case: if the amount of child care benefits is greater than the amount of maternity benefits. For example, this is possible if a woman receives maternity benefits in the amount of no more than 1 minimum wage for a full calendar month.
And also keep in mind that a woman cannot leave maternity leave early and then go on maternity leave.